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 supervisor, Larry Melton initiated a series of inquiries in an attempt to find out which employees had sent for the union organizer and signed authorization for union representation. Melton was fired on December 24 and replaced by Leo Nord. Over the next several weeks leading up to the representational election, the company offered a series of new benefits. On the morning of the election on January 30, Nord told an employee, Cecil Snow, that if the union won the election,…...
mlaReferences
American Bar Association (ABA). (2011). Unfair labor practice law and procedure. Retrieved June 30, 2011 from http://www.americanbar.org/content/dam/aba/migrated/labor/basics/nlra/papers/unfair_labor.authcheckdam.pdf
eNotes. (2011) Drug testing. Retrieved June 30, 2011 from http://www.enotes.com/everyday-law-encyclopedia/drug-testing-2
Lectric Law Library. (2011). Drug testing in the workplace. Retrieved June 30, 2011 from http://www.lectlaw.com/files/emp02.htm
National Center for Chronic Disease Prevention and Health Promotion. (2010). Alcohol and drug use. Retrieved June 30, 2011 from http://www.cdc.gov/healthyyouth/alcoholdrug/index.htm
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 Line test results." "
True or False: "Jack had a right to tack the brochure to the bulletin board per standard organizing rules." "
True or False: "The union would see the comment "We're watching you" as an unfair labor practice under Section 8(a)1 of the NLA."
True or False: "Promoting Jack to supervisor in the last restructuring would have been a legal way to avoid his union participation." "
True or False: "The company can terminate a supervisor at any time for any…...
mlaReference
National Labor Relation Board (2015). Interfering with employee rights (Section 7 & 8(a)(1)). USA.
This was certainly needed as technology has also evolved from time to time and the nature of labor that was being used in the 1920s or so is not the same as is the nature today. This is certainly commendable. Along with the changes in laws, the emphasis on labor and its problems have also been shifted out of the center stage and matters that were directly being dealt with by the Secretaries Office have shifted out. This shows clearly that importance of the problems of labor have now become of a much lower priority and this is also clearly seen in the patterns of development of American business and industry where many production units have transferred their labor problems by shifting them out of United States. The government has also clearly remained out of the ambit of labor laws as no laws are applicable to government laborers. Thus…...
mlaReferences
Norris-LaGuardia Act" Wikipedia. Retrieved at 2 September, 2005http://www.answers.com/topic/norris-laguardia-actAccessed
Taft-Hartley Labor Act" (2001-05) The Columbia Encyclopedia. Sixth Edition. Retrieved at Accessed 2 September, 2005http://www.bartleby.com/65/ta/TaftHart.html .
The NLRB: The Wagner Act of 1935" United States National Labor Relations Board.
Retrieved at Accessed 2 September, 2005http://www.stfrancis.edu/ba/ghkickul/stuwebs/btopics/works/wagner.htm .
Labor
The Department of Labor is present today to promote, foster and develop the welfare of the employees or the labor force in the United States. The labor system focuses on the improvement of the working conditions and the fulfillment of opportunities for more profitable employment. As it would be known, rules and regulations are there to keep things in order. Similarly, the Labor system in the country is guided by laws that guarantee the rights and privileges of the labor force of the country.
The Department of Labor has made laws concerning working conditions, minimum hourly wage, and freedom from employment discrimination, worker's compensation and unemployment insurance. The labor system also aids in job training programs and it helps workers find jobs. Everyone needs a decent source of income and if a person has some sort of skill or talent, they should definitely make use of it.
The basic feature of the…...
mlaReferences
Baron, J.N., Jennings, P.D. & Dobbin, F.R. (1988). Mission control? The development of personnel systems in us industry. American Sociological Review, pp. 497 -- 514.
Bronfenbrenner, K. (1996). Role of union strategies in nlrb certification elections, the. Indus. & Lab. Rel. Rev., 50 p. 195.
Democratizing the Global Economy: Empowering Workers, Building Democracy, Achieving Shared Prosperity. (2005). [e-book] Available through: AFL-CIO [Accessed: 21 Feb 2014].http://www.aflcio.org/content/download/6904/74567/file/res_6.pdf
Lindsey, A. (1964). The pullman strike. Chicago: University Of Chicago Press.
Labor Relations in Public Sector
Collective bargaining in the public sector organizations will be quite different from that of the private sector organizations. The factors that drive the collective bargaining process in the private sector might not be present in the public sector. Private sector organizations are more concerned on the profit maximization philosophy whereas the public sector firms are more focused on serving general public therefore their priorities would be totally different and management approaches to collective bargaining would also be different. Moreover, private sector firms project for long-term budget forecasting, whereas in the public sector it is managed through third party legislature depending on the voters. These create challenges for the public sector to formulate a policy document that looks after the labor relations.
The Public Employees Fair Employment Act, commonly known as the Taylor Law, is a labor relations ruling policy document that covers public employees in New York…...
Labor and Union Case Study
The objective of this work in writing is to conduct a case study on labor and unions and to answer the questions of: (1) Is the grievance process an effective method for resolving workplace disputes? And (2) How would you suggest that unions and employers improve their ability to correctly interpret the collective agreement?
In the case study at focus, several employees have a discussion, which results in an altercation, and two employees are fired as a result. The employees were then advised that they could file a grievance. One of the employees, named Green met in the cafeteria with a representative of the Grievance Committee and related her side of the story and believed that by meeting with the Grievance Committee member that she had filed an official grievance. One week later the other employee, Swallows, was reinstated. When Green inquired about the grievance, she was…...
mlaBibliography
Borrell, Charles A. (2006) How Unions Can Improve Their Success Rate in Labor Arbitration. All Business. Dispute Resolution Journal Feb-Apr 2006. Retrieved from: http://www.allbusiness.com/human-resources/workforce-management-hiring-recruiting/4081239-1.html
Travis, Mark C. (nd) Improving the Grievance Process: Grievance Mediation As An Alternative to Arbitration. Retrieved from: http://www.adrspecialists.com/docs/IMPROVING%20THE%20GRIEVANCE%20PROCESS%20-%20Grievance%20Mediation%20(IIRHRC).pdf
All of the employees on an airplane, for example, could form themselves into a vertical bargaining unit if they chose, the unit including stewards and stewardesses, as well as pilots. Similarly, in a school, teachers, janitors, and office staff could all form a vertical unit. In contrast a horizontal bargaining unit unites all those who perform similar work. The fact that the pilots at Spirit Airlines belong to a pilots union that includes pilots from other airlines means that they constitute a horizontal bargaining unit. As well, teachers in the Chico school could form a horizontal bargaining unit if they joined with other teachers at different schools, and even in different districts. Members of a bargaining unit agree to work together because they share common interests and goals. Bargaining units appear either as elements of unions or as workers uniting for a common purpose. An entire union is also…...
mlaWorks Cited
"Arbitration panel rules in Favor of Spirit Airlines pilots in days-off conflict." Airline Industry Information, 18 March 2009. URL: http://www.allbusiness.com/labor-employment/labor-relations-labor/11818635-1.html .
Beam, Christopher. "Uncivil Union: Does card check kill the secret ballot or not?" Slate.com. 10 March 2009. URL: http://www.slate.com/id/2213352/ .
Craggs, Tommy. "King NBA: What's with the overpraise for pro-basketball commissioner David Stern?" Slate.com. 19 February 2009. URL: http://www.slate.com/id/2211157/pagenum/all/#p2 .
Epstein, Richard a. "Epstein: Mandatory Labor Arbitration." Washington Times. 24 March, 2009. URL: http://www.washingtontimes.com/news/2009/mar/24/mandatory-labor-arbitration/ .
While cases such as that of Kukdong graphically illustrate the importance of CS and codes of conduct, anti-sweatshop activists continue to display considerable hesitation and equivocation as they wrestle with implementing CS in China. In the words of the late activist Trim Bissell of the Campaign for Labor ights, China has become a "planetary black hole" attracting global production with its cheap labor, but "the anti-sweatshop movement has been without a China strategy."9For example, in January 2000, the University of California (UC) announced that it would not allow any university-licensed products to be produced in countries that do no tallow freedom of association and collective bargaining, in effect banning products made in China (China and the American Anti-Sweatshop Movement (http://64.233.161.104/search?q=cache:MfmUl9ll5pwJ:laborcenter.berkeley.edu/globaleconomy/china_american.pdf+china+sweatshops+unions&hl=en&gl=us&ct=clnk&cd=9&ie=UTF-8)."
Efforts are underway to accomplish several things when it comes to China's sweatshops. The first thing that the union and labor leaders are demanding is that the world pay closer attention…...
mlaReferences
Frequently Asked Questions About Sweatshops and Women Workers
(Accessed 5-25-06)http://www.feminist.org/other/sweatshops/sweatfaq.html
US union to tour China factories (Accessed 5-25-06)
Employers' ole During Union Organization Campaigns
Union organizing has become a major issue in today's working environment because of increased efforts by workers to promote suitable conditions in the workplace and obtain compensation that suits their contributions to the organization. Even though the number of unionized employees or membership of labor unions has declined significantly in the past few years, unionization is still an important component of today's labor force. As employees continue to join labor unions to advocate for their welfare in the workplace, the role of employers during union organization campaigns has been a slightly controversial issue. The controversy relating to this issue is attributable to the tendency by company management to attempt undertaking measures that defeat the union during union organization campaigns. However, the National Labor elations Act defines the role employers should play during union organization campaigns. This paper examines whether employers should sack their employees during…...
mlaReferences
Domhoff, G.W. (2013, February). The Rise and Fall of Labor Unions in the U.S. Retrieved from University of California at Santa Cruz website: http://www2.ucsc.edu/whorulesamerica/power/history_of_labor_unions.html
Marchetta, J.S. (1983). NLRB v. Transportation Management Corp.: Allocation of the Burden of Proof in Section 8(a)(3) Mixed Motive Discharge Cases. Catholic University Law Review, 33(1), 279-312.
Mehta, C. & Theodore, N. (2005, December). Undermining the Right to Organize: Employer Behavior During Union Representation Campaigns. Retrieved May 26, 2017, from http://www.newunionism.net/library/organizing/ARW%20-%20Employer%20Behaviour%20During%20Union%20Organizing%20Campaigns%20-%202005.pdf
Society for Human Resource Management. (n.d.). How Can We Prevent a Union from Organizing in Our Company? Retrieved May 26, 2017, from https://www.shrm.org/resourcesandtools/tools-and-samples/hr-qa/pages/preventunionorganization.aspx
National Labor elations Act of 1935, and discuss how it protects employees.
The National Labor elations Act
The conventional union law, which constitutes much of labor law, concentrates on workers and worker rights collectively. One may distinguish this from employment legislation which deals largely with matters pertaining to individual workers' rights. Of the many rules and legislations that constitute labor law, the most important would be the 1935 NLA (National Labor elations Act), codified at 29 U.S.C. § 151-169. This piece of legislation aims at serving U.S. national interests with respect to labor relations in the nation. As one may observe in times of extensive labor strikes, tense employer-workforce relations can swiftly have serious, nationwide negative impacts. Well-defined policies with regard to management and labor foster the nation's best interests of maintaining maximum economic production. Peace in the manufacturing sector is critical to a successfully operating economy. Thus, the Act aims…...
mlaReferences
(n.d.). HR and Employment Law Hot Topics Index. National Labor Relations Act (NLRA) - HR Topics for human resources. Retrieved September 19, 2016, from http://topics.hrhero.com/national-labor-relations-act-nlra/#
(n.d.). LII / Legal Information Institute. National Labor Relations Act (NLRA) - Wex Legal Dictionary / Encyclopedia - LII / Legal Information Institute. Retrieved September 19, 2016, from http://www.law.cornell.edu/wex/national_labor_relations_act_nlra
If the foundations of the NLA are to be supported, the illegal worker will need to be provided with the complete display of NLA solutions. With that said, the tension still remains.
Key Issues
Statistics do show that illegal aliens are accounting for 21% of the foreign born populace in the U.S. In 2000 with that amount snowballing to 30% by 2005(Abraham, 2002). With numbers progressively going up each year, a lot have started asking why. They want to know where are the immigrants coming from and why are there so many of them that are allowed to come into the nation. Statistics display that Mexico is the major distributor of illegal and legal immigrants (http://cis.org/illegal). Statistics show that more than half of the Mexicans that are living in the U.S. In the year 2000 were illegitimate (odriguez, 2006). By 2004, 10.5 million illegal and legal immigrants that were Mexican were…...
mlaReferences:
Foreign sourcing decisions under the duty to bargain under the nlra. (1973). The International Executive (Pre-1986), 15(1), 17.
Abraham, S.E. (2002). The supervisory exclusion under the NLRA: Has the Supreme Court gone too far? Working USA, 6(1), 77-77.
Cimini, C.N. (2008). Ask, don't tell: Ethical issues surrounding undocumented workers' status in employment litigation. Stanford Law Review, 61(2), 355-415.
Delaney, J.T., Lewin, D., & Sockell, D. (1985). The NLRA at fifty: A research appraisal and agenda. Industrial & Labor Relations Review, 39(1), 46-46.
But when it just recently occurred in 2004 at a store in Jonquiere, British Columbia, the reader must appreciate that a real battle had been won. The original efforts of that particular store for example had the local labor Commission reject certification by a margin of 74 to 65. When the union announced that it won the coveted certification at Quebec, it was quite a blow to the retailer. The Quebec Labour elations Commission issued the order certifying the United Food and Commercial Workers Union (UFCW) as the bargaining agent of employees in Wal-Mart's store in Jonquiere. As noted, the reason a victory of this magnitude is huge is because of the policies and tactics used by Wal-Mart. The retailer works diligently to prevent its workforce from engaging in any collective action and they have consistently shown that they are willing to cross the line to guarantee their position.
Wal-Mart…...
mlaReferences
Baek, Seung Wook. (2000.) "The Changing Trade Unions in China." Journal of Contemporary Asia: March.
Budd, John W. (1994). "The Effect of Multinational Institutions on Strike Activity in Canada." Industrial and Labor Relations Review.
Corbett, Brian (2002). "Southern hospitality." Ward's Auto World, August.
Delsohn, Gary. (1997.) "UPS Strike May Revive American Labor Movement." Knight Ridder/Tribune Business News: Sept.
However, in recent history, the NLB has not always been a 'friend' to nurses. Precisely who constitutes a supervisor and an employee is of critical importance in determining who has the right to engage in collective bargaining under the law. In 2006, the National Labor elations Board (NLB) "dealt a severe blow to nurses' and other workers' rights to join unions and bargain collectively….the board ruled that many charge nurses were supervisors, and therefore excluded from the protections under the National Labor elations Act" (NLB, 2006, AFSCME). The relative ease of defining certain employees as supervisors has been used to limit the ability of nurses to strike. According to the current terms of the National Labor elations Act, a supervisor is "any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to…...
mlaReferences
Employee rights. . (2011). National Labor Relations Board (NLRB). Retrieved February 22,
2011 at http://www.nlrb.gov/rights-we-protect/employee-rights
FAQ. (2011). National Labor Relations Board (NLRB). Retrieved February 22, 2011 at http://www.nlrb.gov/faq/nlrb
National Labor Relations Act. (2011). National Labor Relations Board (NLRB). Retrieved
The CBA is good for a set period of time, and the union watches the employer to make sure the employer carries out the contract. If a union thinks an employer has violated the CBA, the union can file a complaint, which may be in the end resolved through a process known as arbitration. Union members pay dues that are used to cover the union's costs. Most union's employee full-time staff that is responsible for running its operations. Even though the staff is paid by union dues, members occasionally volunteer within the union. Some unions also form strikes funds that are used to support workers in the event of a strike. A union works rather like a democracy. Unions hold elections in order to determine officers who will then make decisions and represent the members of the union (Silverman, 2010).
The United Auto Workers has recently organized several auto parts…...
mlaReferences
Reynolds, Morgan O. (2008). Labor Unions. Retrieved May 13, 2010, from Library of Economics and Liberty, Web site: http://www.econlib.org/library/Enc/LaborUnions.html
Silverman, Jacob. (2010). How Labor Unions Work. Retrieved May 14, 2010, from How Stuff
Works Web site: http://money.howstuffworks.com/labor-union5.htm
Splintered, but Unbowed, Are Unions Still Relevant? (2005). Retrieved May 13, 2010, from NY
NLRA
Private Sector Labor
The National Labor Relations Act (NLRA) and the regulations promulgated under it were enacted to help manage the relationship between private sector employers, employees, and labor unions. These labor laws protect employees' right to unionize. Furthermore, the labor laws protect the rights of both employers and employees to engage in certain protected activities, for example, strikes and lockouts. Almost all employers and employees engaged in businesses that effect interstate commerce are covered under the NLRA and are subject to the jurisdiction of its governing board, the National Labor Relations Board (NLRB).
However, the NLRA does not apply to relations between government employers and their employees. Therefore, government employees do not have the same right to organize and join labor unions as non-government workers, even when engaged in professions where they would otherwise be able to join labor unions. Instead, employees employed by the Federal government are generally protected by…...
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