Concessionaire negotiations One area of persistent conflict between unions and employers concerns that when wage increases are mandatory subjects of negotiation. In Acme Die Casting v. NLRB, 26 F.3d 162 (D.C Cir. 1994), the Court of Appeal analysed the employer`s historical practice of fixing the frequency and amount of wage increases and found that the granting of a wage increase was not at the discretion of the employer and could not be decided without negotiation with the union. Until 2003, the U.S. Supreme Court had not resolved this question of whether wage increases were mandatory subjects of collective bargaining, so federal appel courts developed their own rules to address this issue. If an employer does not exercise a margin of appreciation in setting the date or amount of a wage increase, the issue of wage increases is a mandatory subject for collective bargaining. NLRB v. Beverly Enter.-Mass., Inc., 174 F.3d 13 (1st Cir. 1999). Even if an employer exercises a certain margin of appreciation to fix the increase in wages, such as for example. B an annual increase to cover the cost of living, this does not prevent the increase in wages from becoming a mandatory subject if the company has long granted such wage increases.
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