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Written by Frank Ferris, a labor relations practitioner since 1971, Collective Bargaining reports and analyzes hundreds of precedents that shape collective bargaining law, offering commentary and best practice tips. Chapters are titled by using the FLRA’s language for ease of use. Each chapter focuses on short excerpts from the key cases stating the legal rule. Many chapters close with a comment on how to best comply with the law and a discussion of the flaws or inconsistencies in current case law.
Negotiators use this book to quickly settle disputes over what the law requires. Attorneys use the text to write briefs. Both parties find the book useful in planning their overall bargaining strategies. Students of any NLRB-derived collective bargaining law will benefit from this concise review of the laws, which also quotes some NLRB case decisions. Topics covered are:
- The Change Proposal—past practice, exceptions to past practice and change concepts, and notice
- The Demand to Bargain—preconditions and excessive scope demands, and timeliness
- The Obligation to Bargain—emergencies and the “necessary functioning” defense, and waiver
- The Information to Bargain—union information requests and management’s response
- Ground Rules
- The Good Faith Bargaining Obligation—official time; animus and retaliation; interference from higher levels; flagrant conduct vs. robust debate; and piecemeal, package, and precondition bargaining
- Negotiability Disputes—appeals, ULPs, grievance-arbitration options, FSIP/interest arbitrator option, and substitute proposal option
- Impasse Assistance—FMCS assistance, advisory impasse procedures, and FSIP powers and procedures
- Post-Agreement Obligations and Challenges—executing an agreement, securing agency head approval, and repudiation
- Remedies—back pay, restitution, damages and sovereign immunity, attorney fees, and cease and desist orders
- Appendix: Model Advisory Mediation-Arbitration Ground Rules Agreement
Also includes a detailed table of contents and table of cases.
Available as a softcover book and/or a PDF file with many useful features delivered on a CD-ROM, USB Flash Drive, or download. Hyperlinks allow the reader to move quickly between the Table of Contents and the corresponding portions of the text. Internal hyperlinks serve as a cross-reference feature within the text..