Individual Rights in Collective Agreements and Arbitration

Individual Rights in Collective Agreements and Arbitration

Clyde W. Summers, Yale Law School

Description

Collective bargaining is a system of industrial government in which governing power is shared by two collective entities-union and management. The collective agreement, in the words of the Supreme Court, "calls into being a new common law"' which the parties agree shall be the law of the plant during the term of the agreement. Its explicit provisions and implied terms provide a framework of rules which guide and control the parties in developing their industrial common law through the grievance and arbitration process.