Traditionally, a collective agreement is defined as an agreement between a union or other workers` association, on the one hand, and an employer organization or a company, on the other. It can be contrasted between two fundamentally different approaches to collective bargaining. Distribution negotiations are the point at which the benefit of one party is considered a loss of the other. The money intended to be distributed as a result of this negotiation process is essentially considered a fixed-size „cake“. This type of negotiation is inevitably contradictory, as each party tries to minimize the concessions it makes to the other. On the other hand, in inclusive negotiations, the parties are looking for ways to increase the size of the cake. For example, the money available for wage increases could be increased by the agreement to change labour practices. This approach tends to be more cooperative. Nevertheless, a party`s insistence on a certain contract term is not necessarily an unfair labour practice. The NRL and the courts that review and enforce their orders are not prepared to replace their judgment with that of the parties and will not judge the content of the collective agreements (NLRB/American National Insurance Co., 343 U.S. 395, 72 P. Ct. 824, 96 L Ed.
1027 ). Moreover, the use of „economic weapons“, such as pressure tactics, picketing and strikes to force bargaining concessions, is not necessarily a negotiation in bad faith (NLRB v. Insurance Agents` International Union, 361 U.S. 477, 80 P. Ct. 419, 4 L Ed. 2d 454 ). Most countries have legislation or regulations governing the continued recognition of the union and whether existing collective agreements remain in force in the event of closure or transfer of ownership.
National practice can offer some flexibility of application, taking into account the conditions of transfer of ownership, such as bankruptcy.B. Question: What are the themes that can be covered by collective bargaining? The United States recognizes collective agreements   In the United States, collective bargaining takes place between union leaders and the management of the company that employs union workers. The result of collective bargaining is called a collective agreement and sets employment rules for a specified number of years. Union members bear the costs of this representation in the form of union taxes. Collective bargaining can involve antagonistic labour strikes or worker closures if both sides find it difficult to reach an agreement. Sections 8(a) (5) and 8 (b) (3) of the NLRA define the absence of collective bargaining as an unfair labour practice (29 U.S.C.A.