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Define and discuss the term "collective bargaining." The term "collective bargaining" refers to a process in which employers and employees (or their representatives, like trade unions, etc.) come together and voluntarily negotiate working conditions. Typically, these discussions come up at the end of a contractual period and focus on things like wages, work hours, benefits, safety of the workplace, overtime procedures, grievance and mediation procedures, and the level at which owners and management will allow workers to participate in the operation and strategic mission of the company.
In order for there to be collective bargarining, however, there needed to be a philosophy of labor; the term itself was first used in 1891 but the concept of unions and labor vs. management and owners, of course, harkens back to Karl Marx and even labor issues prior. Collective bargaining in the contemporary, especially post World War II world is quite different than the union vs. management mentality that so occupied the history of labor in the 19th and early 20th centuries.
Source: "Collective Bargaining," Cornell Law School. Cited in: http://topics.law.cornell.edu/wex/collective_bargaining
Part 2 -- Identify and discuss three laws that support collective bargaining.
Law 1 -- The Railway Labor Act (1926) -- This act was passed to govern labor relations for the railroad and airline industries; but was ammended in 1934, 1936, and 1951 to substitute bargaining, arbitrtation and mediation for strikes as a way to reduce and resolve labor issues. In part, this was in response to the 1922 national railroad strike that crimplled the nation, reduced transportation, and showed Congress that something needed to be put in place with more authority.
Law 2 -- the National Labor Relations Act of 1935 -- or some call it the Wagner act, was put into place and signed by Franklin Roosevelt that established legal limits to how companies could deal with labor unions, collective bargaining, and strikes. This was part of Roosevelt's plan to allow more workers to get back into the workforce without frightening companies about increased labor strikes.
Law 3 -- The Fair Labor Standards Act -- (1938) -- Sometimes known as the Wages and Hours Bill, this is a federal statute. The FLSA established a few new wage issues that were important in helping the nation recover from the Great Depression. It guaranteed time and a half for overtime in certain jobs; prohinited employment of minors in oppressive child labor, and helped establish precedent for the 40-hour work week. It has been amended a number of times to keep pace with technology, labor supply and demand, and cultural issues.
Sources: "Wages and Hours," (December 13, 1937). Time Magazine. Cited in: http://www.time.com/time/magazine/article/0,9171,758587,00.html
Part 3 -- Define and discuss four issues that are potential components of a collective bargaining agreement. Of course, each situation bnetwen labor and management is different. However, in general, the four issues that are potential components of a collective bargaining agreement are:
Compensation -- which includes base wages, any benefits, vactions, holiday time, over time, etc. -- anything dealing with the montary side of the labor issues.
Peronnel Policies -- Procedures that govern layoffs, promotions, transfers, vacation rules, sick-leave rule.
Employee Rights and Responsibilitiews -- Senotiryt, jiob standards, workplace rules.
Employer Rights and Responsibilities -- Managerial hiring, jobs, discilpine for just cause and firing procedures, subctontracting, workplace safety issues.
Source: Collectie bargaining, Cornell Law School. Cited in:
Part 4 -- Discuss the process of establishing a union in the workplace. Working within the U.S. Government and several legal cases, the AFL=CIO has established steps to establishing a union in the workplace"
1. Organize a committee to act as the focal point in bettering working conditions. This is the organizing committee that is responsible for providing leadership as the process of unionizing happens.
2. Affiliating with a larger union -- Affiliation with the AFT or other national, regional or state union.
3. Working to establish the union -- a) employer can voluntarily recognize, b) employer can recognize the union after a majority vote of the workers, or c) union may petition state labor board for official ballot on whether the company should organize.
4. Determin the bargaining unit and who it will cover. Only those elgible (covered) may vote.