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Necessary to prevent suffering, chaos and injustice Way to manage conflict between employers and workers Provides opportunity for worker input into management decisions Belief that workers and society better served
Duty to Accommodate
Arbitrators obliged to interpret collective agreements in light of antidiscrimination provision Constructive or systematic discrimination Accommodate up to the point of undue hardship
Legislative framework
Fragmented Under the domain of provinces Approximately three dozen different pieces of legislation in Pakistan
Emphasis on process
Should operate primarily through free collective bargaining Belief that employers and unions are able to resolve disputes on their own Some constraints on content of collective agreements due to other employment laws
No Mid-term strikes No Lock Outs No Politic sizing of IR Issues Reasonably broad range of protection
Single most important function Establishes procedure through which unions could obtain legal recognition of bargaining rights (certification)
Apply both to employers and unions Employers are barred from participating in or interfering in coercive manner with a trade union Unions are barred from interfering with the formation and operation of employers organizations
Protection to carry out legitimate activities in the workplace Regular deduction of union dues Strikes Grievances
Eligibility for Representation Certification procedures Duty of fair representation procedures Contract arbitration Technological change Replacement workers Availability of alternate dispute resolution
Certification procedures
Requirement for vote or not Some jurisdictions allow membership card count and no vote
Arbitrators
Responsible for interpreting and administering collective agreements Power to make final and binding decision Must consider other external legislation
Review arbitral and labour board decisions Issue injunctions limiting or barring picketing