What is the difference between a collective bargaining agreement and a contract?
The difference between a collective bargaining agreement (CBA) and a contract is an important one to understand for those in South Carolina who are involved in labor relations law. A CBA is a written agreement between an employer and a union representing the employees. It sets forth the terms and conditions governing the workers’ wages and working conditions, such as hours of work, job duties, health and safety concerns, and other issues. The CBA is negotiated by both the employer and union representative and is legally binding in all states, including South Carolina. A contract, on the other hand, is a legally binding agreement between two or more parties, such as an employer and employee. It adds detail to an agreement and spells out specific terms and conditions of the employment relationship, such as the employee’s job description, duties, and compensation. Contracts must also be in writing and signed by both parties for them to be enforced in court. The primary distinction between a CBA and a contract is that a CBA is negotiated by the union and is designed to benefit a group of employees, while a contract focuses on a specific individual or entity. Additionally, a CBA is binding on a much larger scale than a contract, as it applies to all employees within the bargaining unit, while a contract typically only applies to a single employee and employer.
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