论文部分内容阅读
美国的集体合同制度是比较复杂的制度。在合同性质上,美国最高法院采利他合同说。集体合同的主体分别是雇主和工会,工会必须得到半数以上员工支持才能成为谈判一方。在集体合同的谈判中,双方必须遵守诚实信用原则。集体合同的条款分为强制性条款、许可性条款和非法条款。如果雇主在许可性条款上不让步以致谈判陷入僵局,可以认为雇主违反了谈判的义务。
The system of collective contracts in the United States is a more complicated one. In the nature of the contract, the Supreme Court of the United States said he was taking the pledge. The main body of the collective contract, employers and trade unions, respectively, the union must have more than half of the staff support in order to become a negotiating party. In the negotiation of a collective contract, both parties must abide by the principle of good faith. The terms of a collective contract are divided into mandatory terms, permissive terms, and illegal terms. If employers do not compromise on permissive provisions, the employer can be considered as a breach of the obligation to negotiate.