The union, as the filer and continued impetus behind the grievance, has the burden of proving that the company in some way violated its labor contract in so doing. The level of proof needed is fairly basic; the contract can be carefully read by the arbitrator, and any actions that were illegal according to the terms of the contract could be identified. The burden of proof must lie with the union just as an alleged criminal is supposedly "presumed innocent until proven guilty" -- it is a basic logical necessity. The company can no more prove that it has not violated the contract and more than a suspect can prove he did not rob a bank (for exmple); it is impossible to prove a negative. If the contract had been violated, there would be clear evidence of this for the union to point to. Instead, the union's accusation is full of inferred motives and presumed intentions of the company. It is even possible that these accusations are true, and that the company was not acting in good faith during the reevaluation of the janitorial jobs. This is not an issue of good faith, hwoever, as it was not an instance of collective bargaining. The union was attempting, after the evaluation, to enforce a rage increase as stipulated in the already-bargained contract. The company enacted their right, stipulated in the same contract, to contract the work out rather than pay a higher wage. This might be disadvantageous to the company in the long run, but it does not violate the contract. As a general guideline, the union could insist in fewer contracts that any proposals by the company to contract out work for jobs formerly held by union employees, or that replace jobs held by union employees (in the case of reevaluations), must be bargained for by the union first (i.e., the union has a chance to bargain for any jobs that might be lost to subcontractors)....
A relatively simple clause in the labor agreement could achieve this, to the benefit of both parties.
Unfair Labor Practice for Company's Position Case Analysis True or False: "The comment "We know about your little chat" would help management in a Wright Line test." True or False: "If Jack's production numbers were higher than most, this data would support management in a Wright Line test." " True or False: "Since this is an employment-at-will state and there is no union in place, management can legally terminate Jack without considering any Wright
charges of unfair labor practices by the union, their demand for recognition and bargaining rights, along with counterclaims made by the company. The union held an organizing meeting with janitorial workers of an apartment building and townhouse complex on December 5th. After obtaining signed authorization cards from 6 of 11 employees where one was already a member, a union organizer notified the company, requesting recognition and bargaining rights. The company's
The organization explains that consumers can take the initiative to speak out against companies that use sweatshops. (Ten Ways to end Sweatshops) They can also join campaigns such as OXFAM which attempt to ensure that special events such as the Olympics are not utilizing products created in sweatshops. Ten Ways to end Sweatshops) Conclusion The purpose of this paper was to discuss sweatshops, the impact that they have on the world and what
Labor Law: Collective Bargaining It is set out in 29 U.S.C. § 158: U.S. Code -- Section 158: Unfair Labor Practices that unfair labor practices by an employer include the following: It is an unfair labor practice for an employer to: (1) interfere with two or more employees acting in unison to protect rights that the Act provides for whether there is the existence of a Union or no existing union; (2) to dominate
Prescription coverage is one of the most difficult features of medical coverage to find in the private market, and is also one of the most expensive. The deductible and percentage coverage of the new medical plan described in the case study is certainly reasonable for the employees, and the savings to the company will allow their continued operation. If the company fails, the employees will not be receiving any
Labor Relations What do you believe are the benefits to being an employee of a company vs. A contractor? Which would you prefer to be? Why? The benefits of being an employee include the right to self-organization, to bargain collectively, or form a labor organization (Carrell & Heavrin, 2007). Employees have pre-determined work days and duties under the leadership and direction of the employer and are not required to incur costs or
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