However, your business may also be subject to the rules of a collective agreement if you have acquired activities and workers under a collective agreement in connection with a merger or merger and you have not taken the opportunity to waive the collective agreement under Danish workers` law in the event of a business transfer. The collective agreement binds signed union members and employers who are members of an employer union that signed the agreement. These agreements are considered normally binding. At the law firm NJORD, we have extensive experience in legal advice in relation to collective agreements. We support you by giving you an overview of the conditions of your employees. Our lawyers advise on both collective agreement rights and rights arising from other countries. Once an interim agreement has been reached between the employer and union representatives, each union member has the opportunity to vote in favour of its acceptance or rejection. If at least 50% of union members who vote accept the agreement, it becomes legally binding. If union members do not accept the agreement, the employer and union representatives can continue negotiations. Alternatively, the union may call for a strike vote.
In addition, a strike vote must obtain at least 50% of the vote. Very rarely, if a union cannot obtain ratification or strike authorization, it will waive its right to represent workers. A unilateral change to a mandatory bargaining topic before the outcome is generally an unfair labour practice, although workers may view the change as beneficial. According to the Supreme Court, unilateral amendments minimize the influence of collective bargaining by giving workers the impression that a union is not necessary to reach an agreement with the employer. For example, in NLRB v. Katz, 369 U.S. 736, 82 P. Ct. 1107, 8 L Ed. 2d 230 (1962), the employer unilaterally changed its sick leave policy and increased its rates of pay without first negotiating with the union.
The Court found that the unilateral change of the employer undermined the union`s bargaining ability on sick leave, wages and other conditions of employment. The Court considered whether an employer`s decision to terminate certain transactions was a mandatory bargaining object. The Court, which relied primarily on the agreement of Stewart in Fibreboard J.A., found that the decision to discontinue all operations on a given site was an economic-motivated management decision, separate from the employment relationship, when it clearly called into question job security. However, the Court found that the effects of the employer`s decision, such as severance pay and benefits, were mandatory bargaining elements under Section 8 A(5) NLRA. This is why, under this fibreboard-First National Maintenance Framework, the main economic decisions, such as plant closures, layoffs and relocations, are not mandatory bargaining partners, although the employer must intervene as a result of these “impact negotiations”. Before the union can enter into collective bargaining, it must be certified by the Labour Council.