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Information Disclosure System In Collective Bargaining In The United State

Posted on:2016-10-23Degree:MasterType:Thesis
Country:ChinaCandidate:Z H ChenFull Text:PDF
GTID:2296330479488180Subject:Labor and Social Security Law
Abstract/Summary:PDF Full Text Request
Information disclosure play a extremely important role in the collective bargaining in the United State.It resulting from case law.Generally,employer holds a lot of information,while union does not. Under the condition that one party has no obligation to provide information which may be bad for its own negotiation position,then it will withhold the information.It may hamper the collective bargaining, lead to an impasse in negotiations. Information disclosure aim to give the duty to the employer to provide the relevant,upon request,information to union.The position between employer and union will be balanced.This paper introduces the information disclosure in United State,compared to information disclosure in our country.Firstly,this paper directly and generally introduces the information disclosure.If employer has information respect to union or union’s representative function,he must provide when union request these information.If employer does not provide these information,then he will be regarded as negotiation in bad faith and illegal.In fact, disclosure of requested information is very extensive.Secondly,this paper reviews the history of information disclosure. Lists some of the classic cases. Any system is advanced with the progress of human society civilization development perfect, duty of information disclosure is the same. This paper introduces the obligation of disclosure, discusses the financial information disclosure condition and the defence of employer.Thirdly,information disclosure in the collective bargaining in the United State develops so good,with a strong union power that is inseparable.This system has become a powerful weapon of union in collective bargaining.Information disclosure obligation is essentially using judicial power intervention in the collective bargaining. It may be helpful and useful for collective bargaining to reach an agreement. However, the information disclosure in our country there is a big problem. For example,the law and regulation of information disclosure is simple and machinery. Thus, we need learn the advanced system and consider our country’s condition to build our information disclosure system.Finally,the paper puts forward some simple suggestions,including establishing the relevant standard,completing remedy approach.
Keywords/Search Tags:collective bargaining, negotiation in good faith, information disclosure
PDF Full Text Request
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