- collective agreement
A collective agreement is one made between an employer (or employers' association) and a trade union governing the relationship between the parties. It will only be legally binding upon the parties if in writing and if it states it has legal status. Some of the terms and conditions of individual employment of those employees may be covered by a collective agreement.
Easyform Glossary of Law Terms. — UK law terms.
- collective agreement
An agreement or arrangement between an employer or employers' association and one or more trade union. Such an agreement may cover terms and conditions of employment and conditions of work; hiring, firing and suspension; allocation of work; discipline; union membership; union recognition; facilities agreements; procedures and the other machinery of collective bargaining. It is not legally binding as between the parties unless in writing and stated to be so, although it may have binding consequences as between a worker and an employer if it is incorporated into the worker's contract. Many of the statutory consequences depend upon the collective agreement being in writing. But an agreement may be a collective agreement whether it is formal or informal, whether it is written or oral, whether indeed it is an agreement or merely an arrangement.Related links+ USAThe labor contract between a union representing employees and the employer (management). It memorializes the agreement reached after negotiations regarding the terms and conditions of employment, such as:•Wages.•Working hours and conditions.•Employee benefits.•Grievance and arbitration procedures.•Strikes.•The union's rights and responsibilities.•Management's rights and responsibilities.Collective bargaining agreements remain effective for a specified period of time stated in the agreement, for example, three years. Unlike regular contracts, the parties' obligations do not end on the expiration of a collective bargaining agreement. The union representatives and management must bargain in good faith for a successor collective bargaining agreement or for the termination of the agreement, during which time the terms of the expired contract continue.The National Labor Relations Act governs collective bargaining agreements and the negotiation process, including subjects of bargaining that are either mandatory or permissive. Claims of alleged violations of the CBA are filed with the National Labor Relations Board, which has exclusive jurisdiction.For more information, see Practice Note: Labor Law: Overview (www.practicallaw.com/6-500-9554).
Practical Law Dictionary. Glossary of UK, US and international legal terms. www.practicallaw.com. 2010.