In collective bargaining, surface bargaining is a strategy in which one of the parties "merely goes through the motions", with no intention of reaching an agreement.[1][2] In this regard, it is a form of bad faith bargaining.[1]
Distinguishing surface bargaining from good faith bargaining is extremely difficult.[3] The entire history of the negotiations must be assessed, including the party's intent, efforts made toward reaching an agreement, and any behavior which may be seen as inhibiting the bargaining process.[4][5] Surface bargaining tactics may include making proposals the other party could never accept, taking inflexible or unreasonable stands on issues, and/or refusing to offer alternatives to proposals.[5][6] Reneging on agreements already reached during the collective bargaining process, raising new issues late in the negotiations, or failing to follow generally accepted procedures for collective bargaining may also be seen as signs of surface bargaining.[7]
Based upon the "totality" of a party's actions during collective bargaining, surface bargaining may be found if there was a purposeful effort to avoid or frustrate mutual agreement.[5] Under U.S. law, it is an unfair labor practice and a breach of the duty to bargain in good faith.[5]
Surface bargaining is barred under the labour law of many countries. Federal and provincial Canadian labour law bars surface bargaining, and Canadian courts have held that the test for determining surface bargaining is to look at the totality of the negotiations.[8] In New Zealand, surface bargaining is a violation of the Employment Relations Act 2000 (as amended).[9] A "Code of Good Faith" promulgated by the Employment Relations Authority supplements the legal statute, however, and lays out a number of rules for good faith bargaining.[7] In the United States, surface bargaining constitutes an unfair labor practice under the National Labor Relations Act.[5][10] US courts have held that "hard bargaining" (taking a firmly held and well-explained position), failing to make a concession, and/or failing to reach an agreement do not constitute surface bargaining under federal labor law.[11] Additional evidence, such as away-from-the-table statements or behavior, is needed to prove surface bargaining in the U.S.[11]
^ abCaisley 2007, p. 170.
^Carrell & Heavrin 2001, p. 159.
^Emerson 2009, p. 580.
^Caisley 2007, p. 171.
^ abcdeMorris et al. 1992, pp. 616–632.
^Holley, Jennings & Wolters 2008, p. 272.
^ abForsyth & Stewart 2009, p. 137.
^Willes 1990, p. 70.
^Rudman 2009, p. 102.
^Voos 1994, p. 12.
^ abTwomey 2010, p. 168.
and 23 Related for: Surface bargaining information
this regard, it is a form of bad faith bargaining. Distinguishing surfacebargaining from good faith bargaining is extremely difficult. The entire history...
the collective bargaining process: 1. Enterprise Bargaining: The focus of collective bargaining in Australia is on enterprise bargaining, which allows...
protected activity includes: Picketing Collective Bargaining Attempting to Enforce an active Collective Bargaining Agreement Filing an Unfair Labor Practice (ULP)...
It is in concept an alternative to traditional collective bargaining. In collective bargaining (union matters), such practices and associated tactics (Boulwarism)...
are classic examples of not bargaining in good faith. Surfacebargaining is merely going through the motions or bargaining without any real intention of...
August 21, 2016 (2016-08-21) Tales of secrets, lies and adultery creep to the surface when a 39-year-long marriage is ended by a brutal shooting. 287 4 "Cold...
Hard Bargain Airport (ICAO: MYLR) is a public use airport located near Long Island, the Bahamas. List of airports in the Bahamas Airport record for Hard...
contrast to Bernardo's 35/40. However, videotapes of the crimes surfaced after the plea bargain and before Bernardo's trial, proving that Homolka was a more...
Weyr Jason Ning April 16, 2018 (2018-04-16) T13.20766 3.18 A news story surfaces of a guardian angel rescuing a victim in San Bernardino, leading Lucifer...
to play the bagpipe, in order to bring Nessie out from under the loch's surface. However, he created a soap bubble so large that it sucks the bagpipe into...
Rasmussen. The killing remained a cold case for over 20 years until evidence surfaced, incriminating her. She was sentenced to 27 years to life. In 1940s Memphis...
Date Event 2 Allegations surface that GB News is employing at least five people who have faced allegations of sexual impropriety, including one accused...
before the Senate Judiciary Committee about the pattern of misconduct surfacing at the highest level of the FBI. Despite having obtained permission to...
day, after returning from Helheim Forest with high class Lockseeds as bargaining chips, Kaito calls Team Raid Wild's Ryoji Hase and Team Invitto's Hideyasu...
smooth and very hard surface. A mirror is a wave reflector. Light consists of waves, and when light waves reflect from the flat surface of a mirror, those...
accelerate its schedule to three LRVs a month. The two sides are back in bargaining, and Bombardier will discuss a revised delivery schedule with the TTC...
the rental car license plate in the pit, but no other specific evidence surfaces. When they discover that he has vanished, they decide to give up the search...
days before the second presidential debate, a 2005 "hot mic" recording surfaced in which Trump was heard bragging about kissing and groping women without...
down. The guys dive in to salvage what they can but barely scratch the surface. 90 5 "California Streaming" February 11, 2013 (2013-02-11) 8.05 With a...
Black Spy still inside, as White Spy sits in an inner tube on the water surface, victorious. No, It's Not!: MAD viewers are treated to a game of No, It's...
1992 14 December 1994 Shakespeare Unlocked Two 2012 Shark: Beneath the Surface One 7 May 2015 21 May 2015 Shaun the Sheep Two CBBC 5 March 2007 18 November...
has been diagnosed as a manic depressive which the symptoms apparently surfaced the previous year shortly after their aborted wedding. She loses her PhD...
secret to creating artificial melange for future negotiations. His secret bargaining chip is a nullentropy capsule containing cells carefully and covertly...