Your assignment is to prepare and submit a paper on legal issues in reduction of workforce. How did you balance the legal risk of terminating individuals from a protected class against the business risk of losing valuable talent Are there are any extenuating regulatory circumstances(e.g exceptions to employment at will, or collective bargaining agreement )that would affect the decision to terminate the above referenced employees
Collective bargaining consists of negotiations between an employer and a group of employees so as to determine the conditions of employment. The result of collective bargaining procedures is a collective agreement. Employees are often represented in bargaining by a union or other labor organization. Collective bargaining is governed by federal and state statutory laws, administrative agency regulations, and judicial decisions. In areas where federal and state law overlap, state laws are preempted. See, U.S. Constitution, Art. VI
The main body of law governing collective bargaining is the National Labor Relations Act (NLRA). It explicitly grants employees the right to collectively bargain and join trade unions. The NLRA was originally enacted by Congress in 1935 under its power to regulate interstate commerce. See, U.S. Constitution Art. I, Section 8.
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