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If you were a top manager engaged in contract bargaining with

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If you were a top manager engaged in contract bargaining with a union, which theory of management rights would you pursue—the residual theory or the trusteeship theory? Why?
Submitted: 1 year ago.
Category: Business Law
Expert:  John replied 1 year ago.

EmplmntLaw1 :

When negotiating a collective bargaining agreement I would pursue a residual rights theory. Residual rights allow management to expressly retain any and all management rights not negotiated away during bargaining the contract. In other words if management doesn't agree to something in the agreement, it is still management's unilateral right to control that particular condition of work. On the other hand if I were to subscribe to the trusteeship theory, I would essentially be agreeing that the collective bargaining relationship and resultant fact that there is a contract fundamentally morphs any management rights to an implied right by the union to have a say in most workplace decisions regardless of whether the contract covers the subject matter or not.

EmplmntLaw1 :

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Expert:  John replied 1 year ago.
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Customer: replied 1 year ago.

Hi Your answer is great, I need at least 250 words. Can you add to this?

Expert:  John replied 1 year ago.
Sure, One moment
Customer: replied 1 year ago.

Ok Thanks.

Expert:  John replied 1 year ago.

When negotiating a collective bargaining agreement I would pursue a residual rights theory. Residual rights allow management to expressly retain any and all management rights not negotiated away during bargaining the contract. In other words if management doesn't agree to something in the agreement, it is still management's unilateral right to control that particular condition of work. On the other hand if I were to subscribe to the trusteeship theory, I would essentially be agreeing that the collective bargaining relationship and resultant fact that there is a contract fundamentally morphs any management rights to an implied right by the union to have a say in most workplace decisions regardless of whether the contract covers the subject matter or not.

While an express reservation of any management right not succeeded by management may call into question the reasonability and substance of what is a management right. On the other hand, an agreement that is totally silent on the matter calls into question whether management meant to reserve any rights to control the workforce. This may ultimately cause management great difficulty if it wants to begin new business practice, alter its workforce, eliminating past practices or do any number of other things, which, if not otherwise reserved for management, may call into question whether it is required to negotiate with the union when implementing such change.

While it is practically impossible for management to foresee all substantive areas in which it desires to reserve rights, and, thus, there will always be some question of whether trusteeship exists in its expression of rights, management’s failure to at least attempt to reserve rights could ultimately cause it to be crippled in a competitive business environment wherein it needed to alter or amend some element of its operations that had an effect on its workforce.

Customer: replied 1 year ago.

Fantastic! I have another question for you but I'll close this one out. Thanks!

Expert:  John replied 1 year ago.
Great. Thanks
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