Machine Translation of "Collective Work Agreement - Approval (2024)

MINISTERY OF WORK, EMPLEO AND SECRETARY-GENERAL SOCIAL SECURITY OF WORK Resolution No. 75/2003

Bs. As., 20/2/2003

VISTO Issue No. 68.467/99 of the registration of the Ministry of Labour, Employee and Social Security, and

CONSIDERING:

The Collective Labour Convention, held by UNION OBREROS AND EMPLEADOS TINTOREROS, SOMBREROS AND LAVANDEROS and the ARGENTINA ARGENTINA DE TINTORERIAS, LAVANDERIAS and AFINES (CATLA), as set forth in the Collective Negotiation Act No. 14,250

That the parties have the authority to negotiate collectively in accordance with the records of cars, in which the provisions of the National Directorate of Labour Relations No. 99/02 are established "...the Negotiating Commission for the Holding of a Collective Labour Agreement ... which shall govern the labour relations of the workers of the activity in the field of personal and territorial representation of the signatory group of 77/75.

That in the above-mentioned administrative act the name of the official was mistakenly assigned by the Presidency of the well-known Negotiating Commission.

That, attentive to the fact that the parties have concluded their negotiations and added the text of the collective labour agreement governing the labour relations of the sector, in order to avoid a dispendium of administrative activity, consistent with the principle of speed established by the National Administrative Procedures Act No. 19.549, the dictation of the amended provision requested to address 127 of those present is unnecessary.

That the scope of application of the present is limited to the personal and territorial representation of the emerging signatory union entity of its union personería and to the main activity of the signatory business party.

That the validity of the convention is established for two (2) years from the first working day of the following month of its approval.

That the negotiators establish that this agreement is applicable in the Autonomous City of Buenos Aires, Province of Buenos Aires up to a distance of 120 kilometers from the Autonomous City of Buenos Aires and Ciudad de Rosario, Province of Santa Fe, to regulate the relations between workers and employers belonging to the activities that develop in establishments set out in article 8 of the agreement.

For its part, article 245 of Act No. 20,744 as amended by article 153 of Act No. 24,013 and article 7 of Act No. 25,013 imposes on the Ministry of Labour, Employee and Security SOCIAL obligation to establish and publish the average remuneration and compensatory caps applicable to the calculation of compensation for workers in cases of unjustified termination of the employment contract.

That a single average monthly amount per agreement is calculated except when agreements of branches or companies are approved separately, in which case a specific monthly average of the branch or company is calculated, with the remaining activities remaining with the average value of the set before its disaggregation, under the name "general".

That the compensatory cap is determined by multiplying by THREE (3) the average monthly amount, resulting from the calculation described ut-supra.

That from the reading of the clauses agreed, there is no contradiction with the current labour regulations.

That the Legal Counsel of the NATIONAL DIRECTION OF RELATIONS OF THE WORK of this Ministry took the intervention that belongs to it.

That the formal remedies required by Act No. 14,250 (t. 1988) and its regulatory decrees are also accredited.

It is appropriate to issue the relevant administrative act in accordance with the above-mentioned background.

That the powers of the subscriber to resolve these proceedings arise from the powers granted by Decree No. 900/95.

Therefore,

OF WORK

RESUELVE:

ARTICLE 1 . Declaring the Collective Labour Convention celebrated by the UNION OBREROS AND EMPLEADOS TINTOREROS, SOMBREROS AND LAVANDEROS and the ARGENTINA OF TINTORERIAS, LAVANDERIAS and AFINES (CATLA) as provided for in the Law of Collective Negotiation No. 687/250 with the regulations No.

ARTICLE 2° ). Fix, as set out in Article 245 of Law No. 20,744 as amended by Article 153 of Law No. 24.013 and Article 7 of Law No. 25.013 the average amount of remuneration in the sum of FEATURES AND CINCO PESOS WITH TREINTA AND THREE CENTAVES ($ 465,33)

ARTICLE 3° . Register the present Resolution in the Department of Waste under the COORDINATION SUBSECRETARIA. Implemented, go to the NATIONAL DIRECTION OF RELATIONS OF WORK, so that the Labour Standards Division and General Register of Collective Conventions and Awards register this Collective Labour Convention.

ARTICLE 4° . Remind the Library Department for its dissemination.

ARTICLE 5° . Communicate, publish, give to the National Directorate of the Official Register and archvese.

ARTICLE 6° . Implemented, refer to the Department of Labour Relations No. 1 for notification to the signatory parties, then proceed to the guard of this legajo.

ARTICLE 7° DE Let yourself know that in the assumption that this MINISTERY OF WORK, EMPLEO AND SECURITY SOCIAL does not make the publication of the Convention and of this Resolution, the parties shall proceed in accordance with article 5 of Act No. 14.250 (t.o.1988). . Dra. NOEMI RIAL, secretary of labor.

File No. 68.467/99.

BUENS AIRES, 25 FEB 2003

In accordance with the order in RESOLUTION S.T. No reason has been taken of the Collective Labour Convention working in foils of the Recorder No. 68467/99, with the number 354/03. . VALERIA VALETTI, Department Coordination.

CST No. 354/03 COLLECTIONAL CONVENTION OF WORK

EXORDIO:

As the real representatives of the interests of the workers and the entrepreneurs, it has been agreed to implement this collective labour agreement with a view to regulating the working relations and the provision of the services of INDUSTRIAL TINTORIES and ROPA NEW AND USADA RECEPTORIES, to promote the future of work and to promote the solid work time, to promote the future

Introducing the necessary conditions, in order to ensure that there are adequate changes in the labour market,

The subjects of this agreement, workers and employers, understanding that they support different positions rather than antagonistic, assume the formal commitment to maintain a fluid and constant dialogue with conciliatory and cooperative will guided by the preservation of the common objective that is the defense of the activity that links them.

This negotiation will provide the enrichment of the content of this COLLECTIONAL CONVENTION OF WORKING WITH REQUIREMENTS APPLICED TO THE LABOUR PROBLEMENT WHICH THE ACTIVITY AND DISALENT ALL PRACTICES AND EVASION.

PART I

OF THE PARTIES

ARTICLE 1

INTERVIEW PARTIES

Welcome to the present COLLECTIONAL CONVENTION OF WORK, "THE UNION WORKS AND EMPLETS TINTORS, SOMBREROS AND LAVANDEROS" with domicile in Calle Culpina No. 31, Autonomous City of Buenos Aires, with group personry No. 18 represented in this act by the Lords Luis Juan PANDOLFI, DNI 126725.426, Assistant Secretary General, Juan Carlos Jorge Luis GINZO, on the one hand and the "CAMARA ARGENTINA DE TINTORERIAS, LAVANDERIAS AND AFINES", with domicile in Uruguay street 594, 6th floor, office "K", Autonomous City of Buenos Aires, recognized as an employer of the activity by resolution of the Registry of Employers Gustavo N°, represented in this act by Mr.

ARTICLE 2

LIGHT AND DATE OF CELEBRATION

This Collective Labour Convention is implemented in this Autonomous City of Buenos Aires, on 16 December 2002.

ARTICLE 3

CANTITY OF BENEFITS

At the time of this collective labour agreement, its beneficiaries are 1,500 workers.

ARTICLE 4

VIGENCE PERIOD

This Collective Labour Convention shall have a validity of 2 (two) years from the first working day of the following month of its approval. Until it is subscribed by the parties to a new Collective Convention that replaces it, the present will still govern after its expiry.

PART II

OF GENERAL RULES OF INTERPRETATION

ARTICLE 5

INTERPRETATION REGULATIONS

The parties consider it important to give due clarification of the following rules of interpretation:

(a) The acronym C.C.T., Collective Labour Convention, Collective Labour Contract, are denominations that express the same concept, so its use can be indistinctly admitted.

(b) Henceforth, Union Workers and Employees Tintoreros, Hatters and Laundries, léase U.O.E.T.S.YL., and the Argentine Chamber of Innerries, Laundry and Relateds léase C.A.T.L.A.

(c) C.I.V.A., read Interpretation, Verification and Implementation Committee.

(d) It is stated that the interpretation of the clauses, which are set out in this Collective Labour Convention, shall be broad in scope without the admission of another intervention than that established by the Interpretation, Verification and Application Commission.

(e) Duty of Good Faith: Any negotiation between the parties must be carried out under the principle of good faith.

ARTICLE 6

COMMISSION ON INTERPRETATION, VERIFICATION AND IMPLEMENTATION

A INTERPRETATION, VERIFICATION AND IMPLEMENTATION COMMITTEE, of this Collective Labour Convention, consisting of six (6) members; three (3) members by the trade union side, three (3) by the business party, and a minimum of one (1) alternate member by each party, being the chairmanship occupied by an official of the Ministry of Labour, Employment and Social Security whose designation will be requested by the parties of common agreement to the labour authority.

Its members shall issue their own rules of work. The advisers may be designated as necessary for the best development of their duties.

The specific functions of this commission shall be:

(a) To resolve all matters of general and particular interest relating to the application and/or interpretation of this convention by verifying its strict compliance;

(b) To resolve any differences that may arise with the interpretation and/or application of the provisions thereof;

(c) To resolve the classification of tasks in accordance with the general categories set out in this Collective Labour Convention, or the particulars of the activity in particular;

(d) assign, where necessary, categories to unclassified tasks;

(e) Recognizing and/or ratifying tasks in categories where they are expressly provided;

(f) to classify workers in the categories provided for in this convention; it shall receive and resolve issues relating to situations or particularities that may occur in any area or region within the scope of this Collective Labour Convention.

The resolutions adopted by this Commission shall be issued within thirty (30) days of the question, shall be valid and shall be binding from the date on which it is delivered.

The incumbent members such as the alternates will have to be elected on each side among the members of the Negotiating Commission that has intervened in the preparation of this agreement, and are obliged to remain for a period of 180 days from the approval of the agreement, and can then be replaced by other parity members.

This Commission or any of its members may independently denounce the failure to comply with or violate this Collective Labour Convention before the Ministry of Labour or competent administrative authority.

In the event of doubt or divergence in the application of this convention, the parties to the dispute shall channel the first consultation before this commission of interpretation, verification and application to expedite mediation.

The members of the Commission shall have an identification credential, with which they may prove to be part of it.

Businesses within the scope of this collective labour convention are obliged to allow this Commission to verify compliance with this Collective Convention and other existing legal provisions.

e. 23/4 No. 20.635 v. 23/4/2003

Machine Translation of "Collective Work Agreement - Approval (2024)

FAQs

Can a company refuse to negotiate with a union? ›

Employers have a legal duty to bargain in good faith with their employees' representative and to sign any collective bargaining agreement that has been reached.

What happens if a union contract is not ratified? ›

If both sides ratify the tentative agreement, then the parties have a new (or successor) collective bargaining agreement. If the tentative contract agreement is rejected—by either party—the teams usually return to the bargaining table and continue to negotiate until they reach a new tentative agreement for a vote.

What is the difference between collective bargaining and collective agreement? ›

A collective agreement is a written contract between the employer and a union that outlines many of the terms and conditions of employment for employees in a bargaining unit. The terms and conditions are reached through collective bargaining between the employer and the union.

What is collective bargaining used as a method to determine? ›

Answer: Collective bargaining is a voluntary process used to determine terms and conditions of work and regulate relations between employers, workers and their organizations, leading to the conclusion of a collective agreement.

Which items Cannot be negotiated through collective bargaining? ›

The Process of Collective Bargaining. In any bargaining agreement, certain management rights are not negotiable, including the right to manage and operate the business, hire, promote, or discharge employees.

What to do if your employer won't negotiate? ›

Don't lose hope if the company rejects your salary negotiation and you still have to take the job. Be gracious in your reply while mentioning that the compensation was below expectations. And suggest compensation in other areas or future renegotiation opportunities.

What happens if ratification fails? ›

If it is not ratified, the contract is renegotiated until it is. At times, a strike may ensue if the two parties are too far apart.

What is the best and final offer in union negotiations? ›

A best and final offer represents the ultimate offer to be made in a negotiation or bidding process. Parties use the terminology to convey the intention that further negotiation will not be undertaken – the offer may only be accepted or rejected.

How long does it take to negotiate a union contract? ›

That process may take longer than many people realize. According to a recent article from Bloomberg Law, the time it takes to negotiate a first contract with a union has increased from an average of 409 days to now an average of 465 days – or well over one year. Why does bargaining a first union contract take so long?

What are the 4 types of collective bargaining? ›

There are several types of collective bargaining, including composite concessionary, distributive, integrative, and productivity bargaining.

What is the final step in the collective bargaining process? ›

Once a union and an employer have reached a tentative collective agreement, the union must ratify the agreement. Generally speaking, bargaining unit employees ratify an agreement through a secret-ballot vote in which the majority of those voting vote in favour of ratification.

Are collective agreements legally enforceable? ›

The agreement shall also be binding upon organizations that adhere to it and upon those persons who become members of such organizations at any time. Where an employer is bound by the stipulations of a collective labour agreement, such stipulations shall apply to contracts of employment concluded with the employer.

What are the three subjects of collective bargaining? ›

There are three different categories of subjects that are part of a CBA: mandatory, voluntary or permissive and illegal subjects.

What are the causes of failure of collective bargaining? ›

Unfair labor practices becomes one of the causes that can make a collective bargaining fail is because employer or trade unions involve in prohibited activities or conduct that is considered as unlawful labor practices or activities. Firstly is in term of unfair labor practices by the employer.

What are the critical issues in collective bargaining? ›

Key Issues in Collective Bargaining
  • Wage Increases. Wage increases are a key issue in collective bargaining. ...
  • Job Security. ...
  • Health and Safety. ...
  • Retirement Benefits. ...
  • Collective Bargaining in the Public Sector. ...
  • Non-Traditional Workers. ...
  • Use of Technology. ...
  • Workplace Diversity.
Feb 20, 2023

What are the 5 stages of negotiation process? ›

Negotiation consists of five phases that include investigation, determining your BATNA, presentation, bargaining, and closure.

What are 4 things that can be agreed upon in the collective bargaining agreement? ›

Typical issues on the bargaining agenda include wages, working time, training, occupational health and safety and equal treatment. The objective of these negotiations is to arrive at a collective agreement that regulates terms and conditions of employment.

What are five things negotiated during collective bargaining? ›

Collective bargaining is the process in which working people, through their unions, negotiate contracts with their employers to determine their terms of employment, including pay, benefits, hours, leave, job health and safety policies, ways to balance work and family, and more.

Can I lose an offer by negotiating? ›

Short answer: Yes, but only if you behave poorly or miss obvious cues that you mustn't try to negotiate. In most cases, you should negotiate your salary when accepting a job offer. The reasons for negotiating are outlined in our “Reasons to ask for a higher starting salary” guide.

What not to say in job offer negotiation? ›

Here are 9 things to never say in a salary negotiation:
  • “Currently,” as in “I'm currently making . . . “ ...
  • “Desired,” as in “My desired salary is . . . “ ...
  • “Sorry” ...
  • “No” and other negative words. ...
  • “Yes” ...
  • “Later,” as in “I can deal with that after I start” ...
  • Try, as in “Can we try . . . ?” ...
  • More, as in “I want more . . . “
Oct 5, 2018

Can you lose a job offer by negotiating salary? ›

It is simple: you can lose a job offer by negotiating salary if you make unreasonable demands or by going below what is expected of the request.

What are the three conditions of ratification? ›

Whole transaction must be must be ratified – To ratification must be of the whole contract. Oncr a part is accepted, it is an implied acceptance of the whole contract (sec 199). There cannot be partial rejection and partial acceptance.

What happens if there is an impasse in collective bargaining? ›

Your union and employer must bargain in good faith about wages, hours, and other terms and conditions of employment until they agree on a labor contract or reach a stand-off or “impasse.” If negotiations reach an impasse, an employer can impose terms and conditions so long as it offered them to the union before impasse ...

Is there a time limit on ratification? ›

The U.S. Constitution contains no time limit for ratification of constitutional amendments. In fact, the 27th Amendment to the Constitution prohibiting immediate congressional pay raises was ratified 203 years after its introduction.

What happens when a union rejects a final offer? ›

Members accept or reject the contract.

If the majority of your bargaining unit votes no and rejects the contract, the bargaining committee and the company will typically restart negotiations and continue trying to work out a solution that both sides can agree on.

How do you determine best and final offer? ›

“A best and final offer is when a home buyer is asked by the seller to present the best terms they are willing to offer,” says Emily Jones, an agent with Keller Williams Edge Realty. “All factors considered, like the closing date, price and conditions, [should be] the best the buyer can do.”

Do contractors expect you to negotiate? ›

Remember to treat the contractor as an ally who can help you lower costs if any figures are too high. They want your business just as much as you want their help. So if you're open with them about cost concerns, they should try to meet you halfway.

How long does it take unions to reach first contracts? ›

[1] Robert Combs, How Long Does it Take Unions to Reach First Contracts, Bloomberg Law, (June 1, 2021), (analyzing that, on average, it takes 409 days for new union locals and their employers to sign an initial CBA).

How long should a negotiation take? ›

Mediation can take as little as a few hours or as much as several days. If you still cannot agree during the mediation, you might decide to file a lawsuit. Overall, the settlement negotiation process typically takes a few weeks to a few months.

How can a company break a union? ›

The process to decertify a union starts with filing an RD petition at the regional National Labor Relations Board (NLRB) office or electronically on the NLRB website. If 30 percent of the bargaining-unit employees sign the petition, the NLRB may hold a hearing and authorize an election to decertify the union.

What is the difference between bargaining and negotiating? ›

Bargaining is a discussion about what the other side wants. Negotiation is a discussion about why they want it. You cannot fully engage the other side in a discussion about what they want until you understand why they want it.

What are the rules for union contract ratification? ›

The process of putting the contract to the members to approve is known as ratification. Usually, the contract does not become valid unless a majority (50% + 1) of the members vote to approve the terms of the contract.

What is last best final offer in collective bargaining? ›

Last, Best and Final Offer: A formal offer that one side (usually the employer) submits to the other for an agreement. It is supposed to include all compromises that the offering party is willing to make, but that is not always the case.

What is the outcome of collective bargaining agreement? ›

The outcome of collective bargaining is typically a collective agreement. Such agreements can regulate both the procedures for relations between the signatory parties and the terms and conditions of employment of those workers covered by the agreement, such as pay and working time.

What is the final product of collective bargaining negotiations? ›

The result of collective bargaining procedures is a collective agreement.

What states have laws against collective bargaining? ›

Five, mostly overlapping, states –Georgia, North Carolina, South Carolina, Virginia, plus Texas– do not allow collective bargaining for teachers. North Carolina, South Carolina, and Virginia have blanket statutes that prohibit collective bargaining for all public-sector employees and do not make exceptions.

Who can make and agree on collective agreements? ›

A collective bargaining agreement is an agreement between an employer and a trade union. In a collective bargaining agreement, an employer can agree to terms and conditions of employment with the union in relation to employees who are covered by the agreement.

What are the requirements for a collective agreement? ›

Section 23(1)(d) provides that a collective agreement binds employees who are not members of the trade union or trade unions party to the agreement provided that three conditions are met, viz the employees are identified in the agreement; the agreement expressly binds the employees; and the trade union or trade unions ...

What are two mandatory subjects of collective bargaining? ›

Examples of subjects that are mandatory for bargaining include wages, benefits such as health care and pension, grievance and arbitration procedures, contract length, seniority, union security clauses, strikes and lock outs, management rights clauses, and other terms and conditions of employment.

What is an illegal subject for collective bargaining? ›

Illegal subjects include, for example, closed-shop provisions, hiring-hall provisions granting referral preference for union members, and provisions inconsistent with your duty of fair representation. Refuse to sign a writing that incorporates a collective-bargaining agreement you have reached with the employer.

What is bad faith bargaining? ›

In each of these instances, a party entered into a negotiation, bargaining in bad faith, with no intention of closing a deal or following through on negotiated commitments. Such behavior is inconsiderate at best, immoral and even potentially illegal at worst.

What is conflict in collective bargaining? ›

Conflict arises when after long negotiations the parties cannot reach a collective agreement and the trade union decide to start industrial action instead of continuing to negotiate.

Can a company refuse to allow a union? ›

Almost all employers are eligible for union organization—there is no minimum size or type of industry required for a union to represent employees. However, there are strategies employers can use to minimize the likelihood that a union would be accepted by employees.

Can a company ignore a union? ›

It's supposed to—but too often it doesn't. Under the law, employers are not allowed to discriminate against or fire workers for choosing to join a union. For example, it's illegal for employers to threaten to shut down their businesses or to fire employees or take away benefits if workers form a union.

Are labor unions required to bargain? ›

Your union and employer must bargain in good faith about wages, hours, and other terms and conditions of employment until they agree on a labor contract or reach a stand-off or “impasse.” If negotiations reach an impasse, an employer can impose terms and conditions so long as it offered them to the union before impasse ...

How long does a union have to negotiate a contract? ›

Often times when negotiations drag on for more than a year and employees do not perceive they are getting value from their representation, they file a petition with the NLRB to remove the union before a labor contract is finalized. This makes the 409 day average time for a first agreement even more interesting.

What are some examples of bad faith bargaining? ›

The five most common examples of bad faith bargaining that I have witnessed are the following:
  • Surface Bargaining;
  • Sending Unauthorized Representatives;
  • Knowingly Misleading the Union;
  • Reneging on Bargaining Positions; and,
  • Refusing to Recognize the Union as Bargaining Agent;

How hard is it to get fired from a union job? ›

Union Workers' Job Security

Since non-union workers are typically hired "at will" and without a union contract behind them, they can be fired for no particular reason. Workers with union jobs can only be terminated for "just cause," and the misconduct must be serious enough to merit such action.

Can a union protect you from being fired? ›

If you are covered by a union contract, you are probably protected from being fired without a good reason. If you are fired, and you believe there is not sufficient cause for your discharge, you should request the union to file a “grievance” on your behalf against the employer.

Why companies don t like unions? ›

The most common reason companies say they oppose labor unions is because they want to have a direct relationship with their employees. It also costs them more money. Research shows that the growth of union jobs correlates to higher wages for the lowest-paid workers.

Can an employer ever withdraw recognition of a union and stop bargaining with it and end all bargaining? ›

Employers have been privileged to withdraw recognition of a union when presented with objective evidence that the union has lost majority support of employees, but have faced significant legal risks in doing so under NLRB precedent.

What is the one man unit rule? ›

The basis for the declaratory-judgment claim is the National Labor Relations Board's (“NLRB”) “one-man unit rule,” which provides that “'if an employer employs one or fewer unit employees on a permanent basis[,] the employer, without violating Section 8(a)(5) of the [National Labor Relations] Act, may withdraw ...

What states are unions banned in? ›

The states that have laws against union membership as a condition of employment are Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Nebraska, Nevada, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, ...

What are 2 things that labor unions always want? ›

Equal opportunities, and protection against discrimination. Unions fight for equal opportunities in the workplace. Trade unions have fought for laws that give rights to workers: the minimum wage, maximum working time, paid holidays, equal pay for work of equal value as well as anti-discrimination laws.

Why do unions hate right to work? ›

States with Right-to-Work laws require union contracts to cover all workers, not just the ones who are members of the union. This problem can reduce the union's bargaining strength, which ultimately results in lower wages and benefits.

What are unfair labor practices by unions? ›

What is an unfair labor practice by the union?
  • Restraining or coercing the employer or employees in exercising the rights provided by the NLRA.
  • Causing the employer to discriminate against employees.
  • Refusing to bargain in good faith.
  • Inducing strikes for forbidden reasons such as secondary boycotts.

References

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