A Study On The Legal Security Institution Of The Collective Bargaining In The United States

The legal security institution of the collective bargaining in the United States is an comprehensive legal security institution. The framework of the institution is formulated on the basis of the statute law, and is reformed by the case law gradually. This dissertation explores and analyzes the historical evolution, institutional running and institutional valuation. On one hand, it aims to show the panorama of the legal security institution of the collective bargaining in the United States, on the other hand, it also intents to grasp the inner mechanism and the ideal on which the mechanism is based.Except the introduction and the conclusion, the dissertation is consisted of six chapters.The introduction mainly includes the following aspects: First, the problem originated; second, concepts defined; third, literature review; fourth, research methods.The first chapter centering on the historical evolution of the legal security of collective bargaining in the United States looks back the history of legal regulation of collective bargaining , the establishment and the development of the legal security of the collective bargaining in the Unites States. Furthermore, it sums up the characteristics of the institution of the legal security of the collective bargaining in the Unites States. The second chapter emphasizes the certification of the subjects of the collective bargaining. The dissertation combs and analyzes the certification of collective unit, the election of union, the certification of the result of the election and the security of legal rules of free election from varies angles. At last, it points out the importance of the National Labor Relations Board in the certification of the subjects of collective bargaining.The third chapter is mainly about the legal security of the phase of bargaining. After outlining the structure, the procedure and the content of the phase of bargaining, the dissertation explores the legal security of the subjects’s performing of bargaining duty in the process of bargaining and summarizes the bargaining impasse and the overcoming of it. Under the institutionalizing of the legal security, the collective bargaining takes on the features of being sequence, independence, and equity of bargaining power of the parties. The performing of collective contract and the resolution of related disputes is discussed in the fourth chapter. In the context of this dissertation,the performing of collective contracts and the resolution of related disputes are important parts of the legal security institution of collective bargaining. In the resolution mechanism of the disputes in the process of the performing of collective contracts, the grievance-arbitration procedure plays a very important role, moreover, the court and the NLRB have certain effects on this matter.The fifth chapter focuses on the theoretical analysis of the legal security of collective bargaining institution in the United States. This dissertation evaluates the legal security institution of American collective bargaining in terms of primary principles and institutional valuation. Combined with the theories of social law and civil law, it points out that the main principles of legal security of collective bargaining are principles of equality and procedure security. Based on these principles, the legal security institution of collective bargaining in the United States exerts huge functions in the aspects of stabilizing the social order, improving the economic conditions of employees, and enlarging the scope of democracy.The sixth Chapter expounds the current situation and the problems of Chinese collective consultation institution, the inspiration of American counterpart to us. According to the existing insufficiency of collective consultation institution, the dissertation puts forward that China should improve if in terms of penetrating the ideal of procedure, switching the role of government, and perfecting the legal security institution.The conclution is based upon the learning from the history. After summing up the role of the legal security institution, it brings forward that we should pay attention to the ideal of institution. In the end of the dissertation, it claims that the implementation of cultivating the subject consciousness of workers, switching the role of government is the key to keep the legal security institution of collective bargaining live.