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Management 1 Page

Good Faith Negotiations

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Title: Good Faith Negotiations
Length: 1 pages (550 Words)
Style: N/A

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Good Faith Negotiations

Do you believe the company was or was not bound to sign the agreement? Explain

The company was not bound to sign the agreement. It was obvious from the beginning of the negotiations that the final signature and declaration was beyond the chief negotiators’ capacity. The union representatives were informed in of the capacity of the company negotiators- seeing as even they (union negotiators), repeatedly demanded the presence of J. Lee in the negotiating proceedings; conscious of her pre-approval necessity for the agreement to hold. 

The circumstances of the negotiation also support a conclusion that Yokohama communicated the necessity of pre-approval by J. Lee and that the union understood this. Even though the union negotiators cited foul play in positing that an agent assigned to negotiate a collective bargaining agreement is clothed with apparent authority to bind the principal unless notice is given to the contrary, it is evident that Yokohama made their powers clear to the union team well before any discussions were instituted. In essence, the company negotiators were not in a position to ratify an agreement or conclusion reached on the negotiating table until the principal, who was in this case J. Lee, had approved of them. 

Further, seeing as the agreement reached was only a tentative one, not a conclusive binding draft, either party had the right to reject it after presentation to the principal, J. Lee and as is such she lawfully rejected it.

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