ManagementRightsandUnionSecurity

ManagementRightsandUnionSecurity - Management Rights and...

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ILRCB 205 Management Rights and Union Security
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ILRCB 205 Theories of Management Rights Managers want to protect their authority to manage the enterprise Two conflicting philosophies of management rights: “Reserved Rights” or “Residual Rights” Doctrine If an issue is not expressly covered by the collective bargaining agreement, management retains the right to take action. Some proponents of this theory hold that a management rights clause is unnecessary: any issue not covered by the contract is assumed to be a management prerogative.
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ILRCB 205 Theories of Management Rights “Trusteeship” Theory management acts as the representative or “trustee” of multiple “stakeholders” or “interest groups” management seeks an equitable balance of the stakeholders’ possibly competing interests.
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ILRCB 205 Limitations on Management Rights Statues Consider: “employment-at-will” Collective Bargaining Agreement Scope of management rights clause Arbitration clause & grievance procedure Arbitration cases and awards
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