Agreement Coverage

An enterprise agreement that has ceased to operate does not apply to employees, employers or trade unions. [8] Similarly, coverage is not much different in terms of staff status. In countries where there are such differences, workers have a higher rate than their employees. This too may be related to non-coverage by negotiating executives who are employed. Moreover, this difference may reflect the fact that workers are still the bastion of union formation. Finally, we refer only to the formal coverage of collective agreements delineated by their scope. Therefore, we do not consider the informal terms of collective agreements for companies that are not formally covered. However, formal coverage of collective agreements also covers workers who are subject to renewal procedures. Although it was accepted that other workers could be employed in the future and that they were covered by the agreement, at the time of their agreement, the agreement was reached with a single worker and could not be approved. Under the “contract cover” standard, the Board will first consider the clear language of the parties` collective agreement to determine whether a unilateral change by the employer is appropriate using the terms of the contract using the usual principles of contract interpretation. Where it is established that the employer`s actions are not covered or fall within the scope of a provision of the contract, the employer is in breach of the law unless it can prove that the union waived its right to negotiate the amendment or that the employer was otherwise unilaterally privileged to act. Previously, employers had to prove that the agreement was clearly and concretely addressed the specific action of the employers at issue – a standard that was difficult to meet. In six of the other 16 countries (excluding information on Poland and Hungary), enlargement mechanisms are either widely accepted (as in Austria, Belgium, Luxembourg, Portugal and Slovakia), or no subject of public debate, indicating that neither the social partners nor the authorities feel pressure to challenge or challenge enlargement practices (from Greece).

An enterprise agreement cannot be made with a single employee. [1] An enterprise agreement concerns a union that was a negotiator of a worker who is covered by the agreement when, prior to the Commission`s approval of the agreement, the union submits an application to undercover the agreement before the Approval of the Agreement by the Commission. [5] In its authorisation decision, the Commission will find that the agreement covers the union. [6] In M.V. Transportation, Inc. (28-CA-173726; 368 NLRB No. 66), the question arose as to whether a collective agreement granted the employer the right to act unilaterally without negotiating with the union. The Board of Directors waived the previous “clear and manifest waiver” standard and found that the “contract coverage” standard was the most appropriate standard to answer this question.