Mandatory Provisions Of Collective Bargaining Agreement
4. Other relevant instruments are the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Collective Agreements Recommendation, 1951 (No. 91); the Recommendation for Consultation (Industrial and National Level), 1960 (No. 113); Workers` Representatives Convention (No. 135) and Recommendation (No. 143), 1971; Rural Workers` Organizations Convention (No. 141) and Recommendation (No. 149), 1975; Labour Relations (Civil Service) Convention (No. 151) and Recommendation (No. 159), 1978; and the Collective Bargaining Recommendation, 1981 (No.
163) (supplementing Convention No. 154). For other Conventions and Recommendations relevant to collective bargaining, see Collective Bargaining: A Fundamental Principle, a Right, a Convention, Education at Work 1999/1-2, No. 114-115 (ILO), p. 125. The form, registration and publication of collective agreements must be in writing; Otherwise, they are null and void (Article 4(1) of the Law on Collective Labour). They must also be registered and published with the Ministry of Employment and Social Security. Registration shall take effect fifteen days after this filing, unless the Ministry has notified the parties of its formal refusal, which is permitted only on the grounds set out in the law. There is therefore a form of administrative control of certain requirements relating to the creation and content of collective agreements, which works by refusing registration.
However, since the law does not give administrative authorities discretionary powers with regard to compliance with legal requirements, these are purely formal systems. The review of the legality of collective agreements is subject to the courts (Article 43). After registration, the agreements must be published within fifteen days at the Boletim de Trabalho e Emprego (Article 26). Such publication is essential at the beginning of its validity. The requirement of good faith negotiations usually means that both parties must be sincere in their attempts to reach an agreement. This involves meeting with the other party and doing everything in their power to make a deal. The negotiation process requires a certain degree of giving and receiving. Failure to agree with the other party`s negotiating requests does not in itself mean that one party is not negotiating in good faith. However, a deliberate strategy by one of the parties to prevent an agreement is considered to be a negotiation in bad faith.
Where a party engages in such conduct, the other party may lodge a complaint of unfair labour practices with the Labour Relations Board. 17. As Mr Bamber points out, centralised and decentralised negotiations can have advantages and disadvantages depending on the context. See Bamber, a.a.O., p. 434. In Harris v. Quinn, 573 U.S. __ (2014), personal assistants who care for people with disabilities at home (as part of a state-created program), decided to unionize. The collective agreement between the union and the state contained a “fair sharing” clause. Like an agency shop layout, “all non-unionized personal assistants had to pay a proportionate share of the costs of the collective bargaining process and contract management.” Workers who chose not to do so complained and claimed that the provision violated their freedom of expression and association.
Portuguese law distinguishes between three types of collective agreements, depending on the type of signatories of the employer (Article 2, Law on Collective Labour Relations): association agreements negotiated by employers` organizations; multi-employer agreements negotiated by a number of employers who, whether or not they are members of employers` organisations, do not act through an association to negotiate the agreement in question; and company-level agreements negotiated by a single employer. . . .