Should managerial appointments be subject to MBL negotiations?

If the employer is bound by a collective agreement, the employer must negotiate with the trade unions in the event of major changes to the business in accordance with Section 11 of the MBL. The appointment of managers, including acting managers, typically constitutes such major changes that must be negotiated. The appointment of a consultant can also be such an important change.
The aim is for the employer to give the trade unions the opportunity to express their views and discuss the employer's proposals before the employer takes a decision. However, the union does not have the right to decide who should be appointed as manager. Once the negotiations have been completed, the employer has fulfilled its obligation to negotiate, and if the parties do not agree in the negotiations, the employer decides.
According to Section 18 of the MBL, the trade union parties have the right to see the written documents and documentation that the employer has as a basis for the MBL negotiation, such as the applicant's CV.
Exceptions to the obligation to negotiate may be permitted if it is a very temporary, one-off solution.
It is difficult to say exactly how long appointments can be allowed without negotiation. The length may be considered to depend on how senior the managerial position is. If it is a very senior management position with an impact on the whole organization, only a very short period should be allowed. If it is a lower management position with less authority, a slightly longer period should be allowed.
Systematically appointing managers on short-term contracts, in order to avoid negotiation, can be seen as a circumvention of the obligation to negotiate.
If the employer is not bound by a collective agreement, there is no obligation to negotiate.

If you have any further questions or concerns, please contact our Members' Advisory Service!