Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice.

On November 17, 2007, there was a presentation in San Francisco, CA by members of the University of California on labor unions.  Where do management rights come from?

Management rights come from the core of a business.  Management rights are derived from British common law.  It relates with the right to run a business.  Over time, social legislation has provided benefits to all workers.  These were the benefits unions used to provide for. 

When someone starts a business, the person determines how to run the business.  For unions, management rights are the rules for conducting business.  For example, the procedures for requesting vacations.  There needs to be a legitimate reason for the management rights. 

When someone begins employment, there may be a probation period.  This is the at will period when a company does not have progressive counseling.  After the probation period, the person needs to have just cause, such as warnings in order to get terminated. 

There is a difference between meet and discuss and meet and confer in labor talks.  Meet and discuss means there is no statutory obligation to talk.  Meet and confer means there is an obligation to bargain. 

Managers are agents of an organization.  They are more responsible than other employees who are not supervisors.  Once a manager knows of something going on, it is equivalent to the organization knowing.