SHUPirate1
Topic Author
Posts: 3428
Joined: Sat Sep 20, 2003 2:53 pm

Question About "contracts":

Sun Oct 17, 2004 3:54 pm

Excerpt is from http://nhlcbanews.com/dalymail/daly_mailbag100504.html, the official website of the NHL lockout...

"Ron from Greely, Colorado, asked . . .
Q: Can you explain what 'impasse' means and when they can implement it?

Bill Daly: 'Impasse,' as a technical, legal term, is defined as a point in time in the bargaining process at which the parties are deadlocked with respect to a particular issue or set of issues. It is, by definition, a temporary state during any negotiation because it can be broken at any time by a change in position by either or both parties. A point of 'impasse' in negotiations, by itself, has no real practical or legal significance unless and until management wants to implement unilaterally the terms of its last proposal as new terms and conditions of employment. Unilateral implementation of new terms and conditions of employment is certainly an option for management in any collective bargaining negotiation at an appropriate point in time."

What is to stop the airlines from doing this in the United States?
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PhilSquares
Posts: 3371
Joined: Sun Mar 28, 2004 6:06 pm

RE: Question About "contracts":

Sun Oct 17, 2004 5:51 pm

Very simple, it's called the Railway Labor Act.



Fly fast, live slow
 
m404
Posts: 1875
Joined: Tue Nov 25, 2003 4:43 pm

RE: Question About "contracts":

Mon Oct 18, 2004 11:39 am

To be more specific. At a point of of impasse either side can call for supposedly impartial mediators from the National Mediation Board. They would decide the point of issue but I think the parties have to agree to this. Unions of late have not entirely trusted the NMB and may believe the party in power has too much voice in it's decisions.

The Railway Labor Act was established to give a fair and impartial bargaining ground between Unions and Management/Owners. As you can see, contracts would not have much meaning without this.
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PhilSquares
Posts: 3371
Joined: Sun Mar 28, 2004 6:06 pm

RE: Question About "contracts":

Mon Oct 18, 2004 11:48 am

To elaborate even further, teh NMB has to declare an impass. Once the impass is declared, the "clock" starts ticking. The clock is 30 days. At the end of 30 days, either side is free to resort to "self help". On the labor side, that is a strike, on management's side, it's the imposition of a new contract. The president, at the end of the 30 day cooling off period, can intervene and force each side to continue the "status quo" while negotiating.

Typically, the NMB gets involved when the "clock" is ticking. They are there to facilitate a labor agreement. Normally, they start by seeing just how far apart the sides are and then they try to bridge the gap.
Fly fast, live slow