If one party wants to negotiate a mandatory subject, it is an unfair work practice for the other to refuse. Other topics are subjects of generous bargaining and it may be an unfair labour practice for some party to demand negotiations about them (NLRB v. Wooster Division of Borg-Warner Corp., 356 U.S. 342, 78 P. Ct. 718, 2 L. Ed. 2d 823 [1958]). Therefore, although the parties are obliged to negotiate negotiating matters before implementing unilateral amendments, they can unilaterally amend generous issues without negotiation and cannot be forced to negotiate such amendments. Collective bargaining is a process of bargaining between employers and a group of workers who aim to regulate wages, working conditions, benefits and other aspects of workers` compensation and workers` rights. The interests of workers are generally represented by representatives of a union to which the workers belong.

Collective agreements concluded in these negotiations generally define the size of wages, working time, training, health and safety, overtime, claim mechanisms and rights to participate in professional or professional affairs. [1] Congress passed the National Labor Relations Act (NLRA) in 1935 (29 U.S.C.A. 151 and following) to establish workers` right to collective bargaining and other group activities. The NLRA also created the National Labor Relations Board (NLRB), a federal authority empowered to enforce the right to collective bargaining (No. 153). The NLRA has been amended several times since 1935, particularly in 1947, 1959 and 1974. Mandatory Bargaining Issues Although the parties do not have to negotiate every conceivable issue, they must negotiate in good faith binding negotiating topics, including wages, hours and other « conditions of employment » (29 U.S.C.A. As these mandatory issues are very broad, the courts have tried over the years to establish standards to determine whether a particular topic of negotiation is mandatory.

In general, the terms of employment only cover issues that « govern one aspect of the relationship between the employer and the workers » (Allied Chemical – Alkali Workers of America v.