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The labor laws are encouraging unionization. This is because the state Labor elations Board determined that the As have a right to form / join a union and they are entitled to collective bargaining. At the same time, the university is recognizing the union as the legitimate representative for the As.
These factors are showing how the law is encouraging everyone to unionize. This is from the state making the legal determination that this kind of organization is legitimate. Despite the fact that they may be students, the As are entitled to greater protections under the law. As a result, a secret ballot can be conducted and the students can organize. The decision made this process much easier. This is because they dismissed a petition from the university questioning if the organization was a lawful union.
Moreover, the UAW has been actively involved in working with and representing…
Economic News Release. (2012). BLS. Retrieved from: http://www.bls.gov /news.release/union2.nr0.htm' target='_blank' REL='NOFOLLOW'>
The bargaining environment in which Magic Carpet Airlines (MCA) found itself was a hostile one. The flight attendants' union (LFA - League of Flight Attendants) wanted much more than MCA wanted to give, but it was also clear that the LFA had legitimate concerns with the way they were treated by MCA and what they were offered financially. LFA was very committed to the idea that concessions needed to be made by MCA, and MCA was committed to the idea that concessions were not necessary. Because that was the case, proposals were drawn up and negotiations were begun. What made the bargaining environment more difficult was that MCA was technically a national carrier, but it was very small so it was seen more as a regional carrier, even by its management. It was also often referred to as a large regional carrier. While this might not seem significant…
Budd, J.W. (2009) Labor relations: Striking a balance (3rd ed). New York, NY: McGraw-Hill Irwin Publishing
Collective Bargaining MLB
Collective Bargaining in the MLB
Locate an article describing a collective bargaining situation that has arisen within the past two years. This article should be from a newspaper, an academic journal, or a credible online news source. Use a minimum of two additional references to support your discussion and to respond to the questions in the assignment.
State the nature of the collective bargaining dispute.
The next collective labor agreement in Major League Baseball (MLB) will expire in 2016 and the interested parties are already speculating on the issues that will be the focus on the next round of labor issues (hite, 2014). There will be many issues that will need to be addressed in the new agreement.
hat are the underlying causes of the dispute?
Many of the rules are to try to create as much of a fair playing field as possible. There are two…
Calcaterra, C. (2014, March 28). MLB, MLBPA announce stronger testing, harsher penalties for PEDs. Retrieved from NBC Sports: http://hardballtalk.nbcsports.com/2014/03/28/mlb-mlbpa-announce-stronger-testing-harsher-penalties-for-peds/
Grossman, M., Kimsey, T., Moreen, J., & Owings, M. (2011). Steroids and Major League Baseball. Retrieved from University of California - Berkeley: http://faculty.haas.berkeley.edu/rjmorgan/mba211/steroids%20and%20major%20league%20baseball.pdf
Inskeep, S., & Goldman, T. (2013, January 11). Major League Baseball Enacts Anti-Doping Policies. Retrieved from NPR: http://www.npr.org/2013/01/11/169117506/major-league-baseball-enacts-new-anti-doping-policies
Ozanian, M. (2014, March 26). Baseball Team Values 2014 Led By New York Yankees At $2.5 Billion. Retrieved from Forbes: http://www.forbes.com/sites/mikeozanian/2014/03/26/baseball-team-values-2014-led-by-new-york-yankees-at-2-5-billion/
It is the purpose of this Agreement to promote and provide for harmonious relations, cooperation and understanding between the city of Miami, the Sheriff and the employees all stakeholders involved in law enforcement. In addition, this agreement is designed to provide an orderly and equitable means of resolving any misunderstanding or differences which may arise out of through the daily work activities of law enforcement within the city of Miami. This agreement is also designed and to create an understanding of all parties involved. This ultimately will allow all stakeholders to reach a result based on good faith negotiations. The topic of this agreement with is that of wages, hours, and other terms and conditions of employment within the city of Miami. It is agreed that the delivery of municipal services in the most efficient, effective, and courteous manner is of paramount importance to the city of Miami…
1) Buidens, Wayne, and others. "Collective Gaining: A Bargaining Alternative." Phi Delta Kappan63 (1981): 244-245.
2) DeGennaro, William, and Kay Michelfeld. "Joint Committees Take the Rancor out of Bargaining with Our Teachers." The American School Board Journal 173 (1986): 38-39.
3) Herman, Jerry J. "With Collaborative Bargaining, You Work with the Union -- Not Against It." The American School Board Journal 172 (1985): 41-42, 47.
4) Huber, Joe; and Jay Hennies. "Fix on These Five Guiding Lights, and Emerge from the Bargaining Fog." The American School Board Journal 174 (1987): 31.
Collective bargaining agreements refer to a document of agreement signed between the management of a firm and its employees prepared by representative labor union that specifies terms of employment such as duration, wages, work conditions etc. In nursing profession, CBA are not something new and while some may oppose it, most still believe that these agreements are for the benefit of nurses and hence must be signed as they offer he job related security a person needs. They also give nurses a membership in representing trade union which may later work for them in case of unfair termination or other actions and they gain the power of collective bargaining which is the key feature of CBA. Collective bargaining is described by Kahn-Freund in the following manner:
By bargaining collectively with management, organized labor seeks to give effect to its legitimate expectations that wages and other conditions of work should be…
National Nurses United website, on the Internet at http://www.nationalnursesunited.org/pages/about (accessed May 4, 2012).
Lena H. Sun, "Growing National Nurses United union steps up strikes in aggressive new strategy," The Washington Post, November 20, 2010, available on the Internet at http://www.washingtonpost.com/wp-dyn/content/article/2010/11/20/AR2010112003592.html (accessed May 4, 2012).
BLS Work Stoppages Program monthly report, June 2010, on the Internet at http://www.bls.gov /wsp/ws062010.htm' target='_blank' REL='NOFOLLOW'>
The fact that there was need for stiffened penalties shows how the players could have been using hard drugs or human growth hormones to enhance their performance. On the other hand, it seems like most of the players were being punished without substantial evidence which lay on the line their careers hence thought it best to include a neutral panel of experts to clarify matters.
esolving the dispute
The dispute was however resolved and the players on their end agreed to ratify the deal by giving an 86 percentage vote out of the 200 players while the owners agreed on the ratification of the deal by a 25-5 vote. This meant that the teams were officially allowed to open their training camps and that the season for free agency that is the season 2011-12 had officially begun. This was conducted by electronic voting.
Importance of an arbiter
Commissioner David Stern…
Turner, Broderick. NBA players, owners ratify collective bargaining agreement. Retrieved April 06, 2012 from http://articles.latimes.com/2011/dec/08/sports/la-sp-nba-labor-20111209
The steel industry, lead by the United Steel orkers of America (USA) has also had a substantial force in the promotion of collective bargaining agreements. As well as being a skilled, blue-collar industry, the steel industry shares with automotive industry the common feature that it is deemed integral to the success of the U.S. economy as a whole, thus increasing worker's bargaining power. "Access to steel supply has been deemed an essential feature of every developing economy," (Mangum 1997, p.4).
This is one reason why in the current economic stimulus bill, protection for the steel industry were included, even though officially the U.S. does not support protectionism. Also, the American automobile industry's rehabilitation is seen as key in the redevelopment of the American economy as a whole: 'As GM goes, so goes the nation,' is the often-repeated common wisdom. Although unions are less powerful today, unions in these industries…
Katz, Harry C., John Paul MacDuffie, & Frits K. Pil (2002, March 7). Collective bargaining in the U.S. auto industry. MIT. Retrieved March 3, 2009 at http://imvp.mit.edu/papers/02/katzauto.pdf
Mangum, Garth L. & R. Scott McNabb. The rise, fall, and replacement of industry-wide bargaining in the basic steel industry. M.E. Sharpe, 1997.
Phelps, Shirelle. (2006). "Teacher's Unions/Collective Bargaining." Encyclopedia of Everyday
Law. Gale Cengage. eNotes.com. 2006. Retrieved March 3, 2009 at http://www.enotes.com/everyday-law-encyclopedia / teacher-s-unions-collective-bargaining
This will make it more difficult to anticipate the other side's position. Thus, I should be prepared to slow the process down as information about the other side becomes available as part of the negotiation. Our side should be prepared to pause and complete further research when necessary in order to make up the knowledge gap.
The other implication is that this opening negotiation will set the tone for future ones. The other side will be less prepared as well -- they may approach the issue with a set of demands but are unlikely to have a strong sense of our demands. This means I would not only gather as much information as possible in preparation, but use it aggressively. This will involve setting specific priorities, objectives, and initial positions. If sufficient preparations are done, the negotiating process will not only proceed more smoothly but our outcomes will more thoroughly…
The process of administering a collective bargaining unit includes two primary tasks. The first of these is to negotiate the contract that determines the conditions to which both workers and managers have to agree. (This process is repeated whenever the contract has to be renegotiated: How long a contract is in place is determined at the time that each contract is finalized.)
The second major function of the union and management leaders who administer a collective bargaining agreement is to file and address grievance is a complaint filed by a worker who is a member of the bargaining unit who believes that either an element of the union contract has been violated or that a law (such as an overtime law or one addressing workplace safety) has been violated.
An example of a grievance occurred last year when the Professional Engineers in California Government filed a grievance with…
http://dailyreporter.com/blog/2009/09/23/federal-card-check-bill-clings-to-life / http://www.ipetitions.com/petition/ta_rights/
http://www.sportsagentblog.com/2010/02/01/mls-collective-bargaining-agreement / http://sportsillustrated.cnn.com/2009/writers/soccer_america/08/05/MLS.forecast/index.html
State the nature of the collective bargaining dispute.
The nature of the dispute occurred in the State of Oregon. What is happening is the state has been aggressively cutting funds for education. This is because they are seeing declining tax receipts (which is forcing legislators to make drastic changes). To achieve these objectives, they have given school districts greater amounts of authority in determining where these reductions will take place. However, the teachers union is arguing that the school districts are using this as an excuse to reduce teacher pay and restrict their rights. The combination of these factors has outraged educators to the point that they have begun to strike several school districts (most notably: Multnomah County, Gresham-Barlow and Parkrose). (Mayer, 2012)
What are the underlying causes of the dispute?
The causes of this dispute are based upon the tremendous cuts that are required from educators every…
Mayer, J. (2012). Teacher Strikes in Three Districts. Bend Bulletin. Retrieved from: http://www.bendbulletin.com/article/20120422/NEWS0107/204220366/
Collective argaining - Labor Relations Topic: Define dues-collection method called "checkoff," Taft-Hartley Act. Essay Question: Define dues-collection method called "checkoff," referencing regulations Taft-Hartley Act.
The checkoff arrangements refer to those conventions between management and unions whereby the employer collects union dues from the employee's salaries and ensures that they are passed on to the union fund (Sloane, Witney, 2010). The first two advantages that come out of this arrangement is that (1) the union's institutional position is strengthened and (2) there are significant time and money benefits that derive from the fact that management handles the entire financial operation.
In terms of the latter, checkoff arrangements help both the employer and the union, particularly in those situations where employment is conditioned by belonging to the union. In these situations, the employee might have avoided to pay the dues until the last moment, which would have meant that both the union…
1. Sloane, A.A. & Witney, F. (2010). Labor relations (13th ed.). Upper Saddle River, NJ: Prentice Hall
2. Boyce Gonzalez Melissa. N.a. NLRB Reverses 50-Year-old Precedent and Holds Dues Checkoff Clause Survives Collective Bargaining Agreement. On the Internet at http://www.xperthr.com/news/nlrb-reverses-50-year-old-precedent-and-holds-dues-checkoff-clause-survives-collective-bargaining-agreement/8724/ . Last retrieved on September 27, 2013
Collective Bargaining - Labor relations Topic: Identify differences theories management rights. Essay Question: Identify differences theories management rights. Discuss reasons poles determining management responsibilities maximize managerial authority.
The two types of theories regarding management rights are the residual theory and the trusteeship theory. The residual theory proposes the idea that there is no need to introduce a specific clause (or several clauses) in the agreement between management and labor, because the management only gives up those rights that are explicitly listed as such in the agreement. The residual theory stipulates that there is no need to put in additional clauses, since the management is well aware of what rights it is giving up on: those clearly states as such in the agreement.
Following this description of the residual theory, it is relatively easy to understand that this theory defends the rights of management. The understanding that labor only has the…
Collective Bargaining - Labor relations Topic: Reasons poor performance unions 1920s Essay Question: hat reasons poor performance unions 1920s? Discuss reasons. Essay 250 words length APA format.
One of the first reasons why unions failed in the 1920s was that prices had remained constant ever since the beginning of the century. hile workers were accustomed to high wages from the 1917-1920 period, they had no one to turn to when wages experienced a dramatic fall during the 1920s.
Secondly, employers throughout the U.S. saw the opportunity to discredit unions and got actively involved in a process of having the masses less and less interested in unions.
The third reason is somewhat a continuation of the second, as it involves the introduction of welfare capitalism. Employers were determined to emphasize that unions were bad for the U.S. And they installed a series of programs that were dedicated to help employees --…
Sloane, A.A. & Witney, F. (2010). Labor relations (13th ed.). Upper Saddle River, NJ: Prentice Hall.
Van Tine, W.R. (1973). The Making of the Labor Bureaucrat: Union Leadership in the United States, 1870-1920. Univ of Massachusetts Press.
Collective Bargaining - Labor relations Topic: The facets job arbitrator. Essay Question: What facets job arbitrator? Cite examples ethical considerations, past practice, fairness, traits responsibilities.
What are three reasons an arbitrator's decision may not be the final and binding decision? Provide court examples defending your reasons.
Most organizations set their own limits as to what conditions may be subject to arbitration and the scope of final arbitration decisions (ules of conditionally binding arbitration, 2013, BBB). However, regardless of company policy, there are conditions in which the final arbitration decision may be overturned. If Title VII rights are involved, such as in cases of discrimination based upon 'protected' categories, the decision of the arbiter may not be final and binding. An arbiter cannot make a decision that violates an employee's civil rights, which are specified in the Civil ights Act of 1964. In the Alexander v. Gardner-Denver decision, the decision of…
Rules of conditionally binding arbitration. (2013). BBB. Retrieved:
Sloane, A.A. & Witney, F. (2010). Labor relations (13th ed.). Upper Saddle River, NJ: Prentice
Strikes in particular have been used as a bargaining chip during collective bargaining negotiations. Players unions can use the threat of a strike to motivate owners to capitulate to their demands. If this is unsuccessful, then players can follow through on their threat and effectively shut down the professional sports industry. For the human resources professional, the potential of a strike is a significant problem. It hinders the smooth and desired negotiations in collective bargaining and undermines the productivity of the organization as a whole. If it is the role of human resources departments in an industry, professional sports included, to keep workers working, then even the possibility of a players strike would be anathema to the H professional.
The strikes that occur in professional sports can almost invariably be traced back to underlying labor policies placed on players, specifically those restraint systems that are designed to restrict players' mobility…
Adams, W. And Brock, J.W. (1997, Fall). Monopoly, monopsony, and vertical collusion: antitrust policy and professional sports. Antitrust Bulletin, 42(3), pp. 721-747.
Besack, M. (1997, September). In this ballpark, HR is the name of the game. Workforce, pp. 31-32.
Brown, M.K. (1997-98). Bargaining for social rights: unions and the reemgergence of welfare capitalism, 1945-1952. Political Science Quarterly, 112(4), pp. 645-674.
Capelli, P. And Crocker-Hefter, a. (1996). Distinctive human resources are firms' core competencies. Organizational Dynamics, 28(2), pp. 7-21.
Underlying Causes Of The Dispute
On September 10, 2012, the 26,500 members of the Chicago Teachers Union went on strike, and this strike was not specifically related to the teachers' demand for higher wages, but rather it was based mainly on teacher evaluations. Teachers objected to the district basing the pay of teachers on standardized tests that reflect student achievement (Bureau of Labor Statistics). Placing "…too much emphasis on standardized test scores…diminishes children's education and punishes teachers unfairly," said Stephanie Gadlin, a spokesperson for the Chicago Teachers' Union (Liebelson, 2012). There were other issues too that sent teachers into the streets for 8 days until September 18. One additional important issue was related to the school district's plan to take more out of teachers' paychecks to cover health insurance costs; the teachers wanted to maintain "existing benefits and sick days without increasing the contribution rate" (Liebelson, 2012).
Davey, M., and Yaccino, S. (2012). Teachers End Chicago Strike on Second Try. The
New York Times. Retrieved January 2, 2015, from http://nytimes.com .
Liebelson, D. (2012). What Happened With the Chicago Teacher Strike, Explained. Mother Jones. Retrieved January 2, 2015, from http://www.motherjoines.com.
Pearson, M. (2012). Wins, losses and draws in Chicago school strike. CNN. Retrieved
Between 1907 and 1926, the unions made four separate attempts to secure uniform working rules, with great progress made during the period of federal control and operation from 1918 to 1920, during orld ar I. Over that time, wages and rules were established on a national basis, and though many of the pay rates and working condition rules were not renewed once government control ended, a precedent had been established so that by 1926, there were a number of uniform working rules in the industry. In framing the Railway Labor Act, legislators could therefore look to existing conditions in the industry and could reflect the collective bargaining structure that already existed (eber 219).
Under the act, disputes are categorized as major or minor, with disputes involving proposed changes in rates of pay, rules, or working conditions being called major, and with those growing out of grievances or out of the…
Bargaining Under the Railway Labor Act." Independent Pilots Association (2005). October 29, 2005. http://www.ipapilot.org/media/rla.asp#What%20is%20the%20Railway%20Labor%20Act?.
Johnson, Emory R. Government Regulation of Transportation. New York: D. Appleton & Company, 1938.
McCulloch, Frank W., Tim Bornstein, The National Labor Relations Board. New York: Praeger, 1974.
Millis, Harry A. How Collective Bargaining Works: A Survey of Experience in Leading American Industries. New York: Twentieth Century Fund, 1942.
Labor elations & Globalization
Argue for or against the use of the "school voucher program." Which do you believe is right? Explain your answer.
Both the National Education Association (NEA) and the American Federation of Teachers (AFT) identify school voucher programs as a threat to public employees (Carrell & Heavrin, 2007). Critics say that school vouchers provide families with public funds that can be used for private schools with private agendas. Advocates say school vouchers give all families a level playing field in selecting quality school options for their children, and thus force public schools to improve their educational standards.
I would agree that school voucher programs are beneficial. Wealthy parents have a choice of schools for their kids; poor parents should have the same choice. Private schools are often very expensive, thus wealthier parents have the advantage of giving their children an education from only those schools with the…
Carrell, M.R., & Heavrin, C. (2007). Labor relations and collective bargaining: Cases, practice, and law (8th ed.). Upper Saddle River, NJ: Prentice Hall.
Mosley, L. & Uno, S. (2007) Racing to the Bottom or Climbing to the Top? Economic Globalization and Collective Labor Rights. Comparative Political Studies 40(8). doi: 10.1177/0010414006293442
Collective Bargaining in Labor Relations -- an verview of Chapters 5-8 of Labor Relations, by Arthur a. Sloane & Fred Witney
In an effective relationship of labor relations and management, the entities representing labor and management must not view one another simply as adversaries, but as potentially complementary parties in the pursuit of a general, common goal of agreement. This does not mean that representatives of labor and management cannot also see themselves also as occasionally adversarial parties with strategically different objectives. The labor organization wishes to gain the best possible settlement for its workers. Management wishes to maximize profitability and cut costs.
These simultaneous but conflicting desires may mean that the goals and roles of management and labor may be at odds in many tactical situation, regarding many specific points. In other words, management may view cutting workers benefits or even jobs as the best way to…
One of the most controversial views of labor and management in negotiation, to make just one example of the different theoretical overviews of the negotiation process that are debated between scholars as well as individuals living in the 'real world,' is that of Boulwarism, an idea that management and labor are inherent partners in the profitability of any company, and that their desires are never fundamentally split. This idea was originally derived from the theoretical concepts of General Electric towards the end of the 1940's and was quite controversial and derided by union activists of its day. Now that unions have become more professional in their organization and ideology, it is less demonized as a theoretical concept. However, the viewpoint still is tenuous -- assuming that both groups rely upon the financial survival of the corporation in question, the needs of management and labor are always seen by Boulwarists as harmonious rather than in conflict.
An overview of some of the potential areas of conflict between an individual employee, employees as a collective, and the corporate entity as a whole belay such an easy resolution. Although quality and cost control may ultimately be the most important things to the consumers of products that create the need of manufacturing and thus generate jobs, this does not meant that every individual employee will be willing to sacrifice his or her vacation time or flexible pay, simply to increase corporate profits and maintain his or her job security. The individual decisions of workers thus come under the labor union's role of advocacy, even if in theory they may go against the collective of managerial desires.
In any negotiation process, there are always numerous interests thus at hand -- that of the individual worker, the union who purports to represent the individual worker but also represents its own interests and the collective interests of workers (which may deviate from certain, individual interests of particular classes of employee) as well as the interests of management and the corporation as an entity. The multiplicity of these interests is one reason that independent arbitration can be so valuable -- to say nothing of the value of the interested parties patience and willingness to make concessions in the face of seemingly insurmountable differences and obstacles.
Collective Bargaining Process According to John Piskulich in: "Collective Bargaining in State and Local Governments"
In his book John Piskulich attempts to uncover why and how to manage collective bargaining. "Collective Bargaining in State and Local Governments" discusses how the collective bargaining process in the public sector has grown from a state of infancy to maturity. He makes note that policymakers are currently in a state of flux, constantly changing and modifying current regulations to keep up with the dynamic environments in which they work. John Piskulich emphasizes in his work that public-sector unions act as a significant force in operating government agencies.
One cannot consider the collective bargaining process without also acknowledging the role unions play in the policy making process. He also notes that unions have much control over labor costs and procedures that govern conduct and behavior in the workplace. The purpose of his book is to…
Piskulich, John Patrick. 1992. Collective Bargaining in State and Local Governments. New York: Praeger
Labor Union Negotiations
The Zinnia Hotel
Labor negotiations for the labor pool at The Zinnia Hotel should focus on various factors that are present in the current situation. Of these factors, the most important one is the fact that there have been positive reports on the stabilizing of the economy and companies in general are no longer feeling the impacts of the global recession. While at one time, companies could make the argument that the company and the labor force should share in the consequences of the recession, this argument is becoming increasingly irrelevant since the economy is getting healthier. Another factor that should serve as a foundation for negotiations is the fact that immigrant work has become such a large percentage of the local hospitality industry; which is definitely unfair to the domestic workforce.
Since a strike is not effectively beneficial to either party in this situation, the negotiations…
Hill (2006) proposes measuring this by way of comparisons of measure ability and preparation for new teachers place in all districts.
The current measures in regards to collective bargaining often affect the costs of entire school districts. The incomes in districts are often determined separately of their costs which make it very hard for some schools to meet the costs that are imposed on them by collective bargaining. Another effect that these measures have on schools is the weakening of poverty neighborhood schools. Teachers often get to choose where they want to teach and most do not pick the poorer neighborhoods. Most prefer to work in neighborhoods where parents are supportive, students are easy to mange and the environment is safe (Hill, 2006).
Although the costs of collective bargaining are becoming clearer, there is still a great deal that needs to be looked at going forward. According to Hill (2006)…
Collective bargaining and labor arbitration: an overview. (n.d.). Retreived from http://www.law.cornell.edu/wex/Collective_bargaining
Hill, P.T. (2006). The Costs of Collective Bargaining Agreements Collective Bargaining in Education. Negotiating Change in Today's Schools. In J. Hannaway & A.J. Rotherham.
pp.89-110. Cambridge, MA:Harvard Educational Pub Group
Pynes, J.M. & Lafferty, J. (1993). Local Government Labor Relations: A Guide for Public
This paper provides a summary of the Illinois Policy Institute’s Bargaining for Better Schools: An Introduction to Collective Bargaining in Illinois Public Education. The policy paper discusses how teachers unions take advantage of the collective bargaining process in Illinois by working with school boards. The school board members are elected thanks in part to the campaign funds provided by the unions. When it comes time to negotiate teachers’ salaries and benefits, the boards are thus in the pockets of the unions, as they feel compelled to reciprocate by giving the unions what they want. Taxpayers are left in the dark about much of this because of the misleading communications provided them by the unions.
Keywords: Illinois public schools, Illinois teacher unions, Illinois collective bargaining
This paper examines the Illinois Policy Institute’s (n.d.) Bargaining for Better Schools: An Introduction to Collective Bargaining in Illinois Public Education. It will provide…
Elliott, H. (2013, January 6). NHL, players reach tentative deal on new collective bargaining agreement. LA Times [Los Angeles], pp. 1-3.
Collective bargaining can occur in a variety of fields, from sports, to politics. It enables settlement of disputes that can benefit both parties as well as produce a result that isn't too one-sided. Collective bargaining is "the negotiation of wages and other conditions of employment by an organized body of employees" (Beal, Wickersham, & Kienast, 1972, p. 5). In an article by LA Times, collective bargaining arises in contract disputes of the NHL.
The collective bargaining dispute stems from the NHL players Association and their laor dispute with the NHL. "Kings fans had waited 45 years for their beloved team to win the Stanley Cup last June, so it seemed cruel that a labor dispute between the National Hockey League and the NHL Players' Assn. delayed their chance to…
Beal, E.F., Wickersham, E.D., & Kienast, P. (1972). The practice of collective bargaining. Homewood, Ill: R.D. Irwin.
Elliott, H. (2013, January 6). NHL, players reach tentative deal on new collective bargaining agreement. LA Times [Los Angeles], pp. 1-3. Retrieved from http://articles.latimes.com/2013/jan/06/sports/la-sp-nhl-lockout-20130107
Collective Bargaining - Labor relations Topic: explain duties national union president executive board members Essay Question: List explain duties national union president executive board members, illustrate remuneration considered "fair compensation" compared CEO-counterpart U.
List and explain the various duties of the national union president and executive board members, and illustrate how their remuneration is not always considered "fair compensation" as compared with their CEO-counterpart in the U.S. corporations.
The national union president administers the union constitution and enforces the union's official policies (Sloane & Witney 2010: 167). Union presidents act as the public voice of the organization, appearing as public speakers at union conventions and before the public. They also testify before congressional committees on pertinent issues. They may act as advocates for unionization in non-union shops, strive to protect pro-union policies and laws and deal with management when contentious issues arise such as wildcat strikes or closed…
Epstein, J. (2011). Union presidents make six figures. Politico. Retrieved from:
Sloane, A.A. & Witney, F. (2010). Labor relations (13th ed.). Upper Saddle River, NJ: Prentice
Successful Collective Bargaining
The following is labor relations interaction between one of the supervisors, Dr. Gael and me, Nordic. The interaction touches on the idea called collective bargaining processes.
Me: As we have learned in the past six weeks, collective bargaining is the simple process of taking bargains between the employees and employers. The main aim of carrying out a collective bargaining in an organization is to determine the working conditions and the terms fixed in the employment process. Moreover, it serves to regulate the nature of relations between employers, workers, and the representatives of them. The process of collective interaction includes the interactions that take place parties participating in the collection of the bargaining process agreement. Tomal & Schilling, (2013) state that collective bargaining includes a collection of all the communications and correspondences that take place during, before, and after negotiations. If I may ask you a question, Dr.…
Creighton, B. & Forsyth, A. (2012). Rediscovering Collective Bargaining: Australia's Fair Work Act in International Perspective. London: Routledge
Tomal, D. R. & Schilling, C. A. (2013). Managing Human Resources and Collective Bargaining. New York: Rowman & Littlefield
Labor elations and Collective Bargaining
What is European Union's Social Charter
The Social Charter of Europe is a treaty by the European Council which guarantees fundamental economic and social freedoms. It is an equivalent of the European Human ights Convention, which deals with political and civil freedoms. It guards a wide range of day-to-day freedoms of human beings that have to do with education, housing, social welfare and protection, employment and health. The Charter is particularly focused on protecting minority people like children, the disabled, the aged as well as migrants. The Charter emphasizes on the granting of the freedoms stated above, free from discrimination. The Charter is the only Pan-European legal instrument that has the power to give such complete and extensive social rights protection. It is also used as reference in the laws of the EU. In fact, the Fundamental ights Charter of the EU came up with…
Council of Europe. (n.d.). The charter in four steps. Retrieved from http://www.coe.int/en/web/turin-european-social-charter/about-the-charter
Council of Europe. (n.d.). The European Social Charter. Retrieved from http://www.coe.int/en/web/turin-european-social-charter/home
Kowal, T. (2011, May 13). The differences between public and private sector unions. Union Watch. Retrieved from http://unionwatch.org/the-differences-between-public-and - private-sector-unions/
Labor elations/Collective Bargaining
The discussion below is a review of the case between Mach Mining and EEOC
A close look at the sex discrimination case against March Mining LLC, EEOC, and the respondent decided that there was enough ground to believe that the company engaged in hiring malpractices. Mach Mining LLC and the complainant were requested to attend conciliatory proceedings. They were also notified that an appointed representative would contact them to start the meetings. After one year, Mach Mining was sent a letter notifying them that the conciliation process had hit a deadlock and, thus, failed. The commission formally sued Mach Mining in the federal court. Mach Mining on its part claimed that the commission had not made the conciliatory efforts in good faith. The commission sought to demonstrate that it had fulfilled its judicial responsibility, and pointed out the act of sending Mach Mining the letters (MACH MINING,…
(n.d.). Home - Supreme Court of the United States. MACH MINING, LLC v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Retrieved September 2, 2016, from http://www.supremecourt.gov/opinions/14pdf/13-1019_c1o2.pdf
(2015). National Law Review: latest business law news and legal analysis. Supreme Court's Decision in Mach Mining Impacts Employers' Approach to Conciliation with the EEOC - The National Law Review. Retrieved September 2, 2016, from http://www.natlawreview.com/article/supreme-court-s-decision-mach-mining-impacts-employers-approach-to-conciliation-eeoc
Collective argaining and Civil Rights
Postal Service (USPS) entered into a Collective argaining Agreement (CA) with the American Postal Workers Union (APWU) in November of 2000. This CA addressed issues such as wage increase and promotion procedure, reassignment and reduction in force protection, as well as accommodation for deaf and hard of hearing postal employees. Specific measures for accommodating deaf and hard of hearing employees were established. Instituting the use of training videos with captions and using sign language interpreters during meetings, especially safety meetings, are a couple of measures outlined in the 2000 CA.
With the events that occurred on September 11th, 2001, and subsequent mailings of the potentially deadly biochemical Anthrax, safety of our U.S. Postal Service workers became a top priority. Numerous meetings were held to inform and instruct employees of potential hazards and proper handling procedure for packages suspected of containing anthrax. Vital information and procedures…
1. Deaf/Hard of Hearing Task Force Update. Retrieved 8/17/05, from APWU http://apwu.org/doh/index.htm
2. Goldberg, (11/21/2000). Collective Bargaining Agreement Between American Postal Workers Union, AFL-CIO and U.S. Postal Service. Retrieved 8/17/2005, from APWU http://apwu.org/dept/ind-rel/sc/082002ir2000cba.pdf
3. Kloepfer, Gary, (4/20/2004). Certified Interpreter Should Have Been Used for Safety Talk ((Airs # 40281-K98C-IK-C02029061). Retrieved 8/17/05, from John Durben http://www.newal.org/news/archives/00000138.htm
4. No'l Decker, ( 5/14/2003). Deaf Employees File Class Action Lawsuit Against the United States Postal Service for Civil Rights Violations. Retrieved 8/17/05, from APWU http://apwu.org/doh/stdeafhohlawsuit.htm
Some of the differences found in state governments and how they treat their employees can be discerned by how many or how few collective bargaining rights those employees are afforded. For example, West Virginia allows their employees the right to join unions and have exclusive bargaining while Arizona and Arkansas; while allowing employees the right to join unions, do not offer exclusive bargaining. Although these three states do not offer collective bargaining policies per se, they differ from other states that are in the same category by offering their employees the right to join unions and have the unions bargain for them. Some states, such as Virginia and North Carolina, have passed laws against public employees joining unions at all.
Those states that do not allow for collective bargaining are oftentimes able to accomplish the goals and objectives of collective bargaining by offering local governments the right to…
Industrial Conflicts and Collective Disputes:
Efficient and good industrial relations are usually dependent on the consistent, just and reasonable treatment as well as participation of the staff in issues and decisions that have an impact on them. The ideological framework of industrial relations involves the maintenance and enhancement of human resources procedures and policies. This framework of industrial relations also ensures that there is unbiased and consistent application of joint and consultative agreements. In this case, it includes the approved procedures of tackling disputes, grievances and issues regarding discipline. Industrial conflict basically refers to all the expressions of displeasure in the employment relationship particularly those that are related to employment contract and the effort bargain.
This type of conflict can also be defined as a pulling out from work by a group of employees or the rejection by employers to permit employees to work (Prit, 2008). The major…
Gernigon, B, Odero, A & Guido, H (2000), 'ILO Principles Concerning Collective Bargaining,'
International Labour Review, vol. 139, no. 1, viewed 4 June 2011,
Industrial Relations -- Naukrihub.com (n.d.), Collective Bargaining Process, Industrial Relations
-- Naukrihub.com, viewed 4 June 2011,
Purpose of Interest Based Bargaining
The collective bargaining process is hardly ever dull or unexciting. Every now and then, there is significant tension as one of the participating parties or the other comes to the realization that it will fail to reach the expectations of its constituents. From time to time, there is significant eagerness and passion as resourceful options emanate with the potential to render mutual gains. In different occasions, apparently negligible or routine issues of contract terminology or working state of affairs have the potential to be fiery and tense on the basis of how they are addressed (Kochan and Lipsky, 2003). Interest based bargaining is founded on the ascertainment and determination of mutual interests instead of the resolution of specific bargaining demands. Interest based bargaining can be delineated as a process of solving problems that is conducted in a moral manner that generates efficacious solutions and at…
Merging of Unions in ecent Years
Collective Bargaining -- Labor relations Topic: The merging unions recent years Essay Question: What reasons unions, affiliated AFL-CIO amalgamated, merged unions recent years site examples mergers? Essay 250 words length APA format.
Technological changes or the changes in the marketplace have also made unions to merge or become obsolete. According to Sloane and Witney (2010)
unions that are faced with technological changes and are on the verge of becoming obsolete have merged with other unions in order to die respectfully. A good example is the Cigar Makers which merged its 2,500 members with the etail Wholesale, and Department Store Union. The merger was done because the Cigar Makers union had been faced with changes in the marketplace that it could no longer manage.
Growth of the managerial conglomerate is another reason why unions have merged. For example, The Tobacco Workers, Bakery and Confectionery Workers…
Holley, W.H., Jennings, K.M., & Wolters, R.S. (2011). The Labor Relations Process, 10th ed. Boston, MA: South-Western Cengage Learning.
Sloane, A.A., & Witney, F. (2010). Labor relations (13th ed.). Upper Saddle River, NJ: Prentice Hall.
Black Women in White Male Industries
evise and esubmit
You have chosen in this paper a topic that has both national and international significance. How indeed inclusive, fair, and just are so called "inclusion or set-aside" initiatives? How open and accessible are the programs to new immigrants and minorities? These are all very interesting questions that your paper raises.
But you don't fully address whether or not the rational approach considers such programs to be either fair, effective, and even legitimate. Are these programs acceptable or legitimate in the eyes of a policy analyst or maker who subscribes to the rational choice perspective? Why and why not? Your paper also seems to contain a few sentences at the end that are not properly paraphrased but yet are not under quotation marks. This needs to be paraphrased or removed or quoted to avoid plagiarism.
Please find below your Paper 1 Grade…
Clemons, R., Mcbeth, M., (2001). Public Policy Praxis: A Case approach for understanding policy and analysis.
Miller, G. (2004). Frontier Masculinity in the oil industry: The experience of women engineers. Gender, Work & Organization, 11(1): 47-73.
Williams, C., Kilanski, K., Muller, C. (2014). Corporate diversity programs and gender inequality in the oil and gas industry. Work and Occupation, 41(4): 440-476.
Collective Bargaining Dispute
Seattle's $15 Minimum Wage Agreement: Collective Bargaining eborn?
The article covers the negotiation process that was held over a number of weeks in Seattle between the business class, the labor movement and the concerned task force. It was a classic example of the tradition of collective bargaining as it was used in the case of the Seattle workers to negotiate for the increment of the pay rise from $9.32 per hour to $15 per hour. The mayor spearheaded the entire process and it came to be adopted by the business community, labor and the task force that were involved in the entire process of negotiation and bargaining. This model of bargaining has been hailed as a unique one since it is like none other experienced in the U.S. Indeed of the 24 members who were involved in the collective bargaining, 21 of them endorsed the proposal and…
Meyerson H., (2014). Seattle's $15 Minimum Wage Agreement: Collective Bargaining Reborn? The American Prospect. http://prospect.org/article/seattles-15-minimum-wage-agreement-collective-bargaining-reborn
Australia began shifting to a limited Welfare State at the end of the Second World War (1945) and has continually supported privatization and deregulation. The 1904 Industrial Conciliation and Arbitration Act and 1988 Industrial Relations Act (IRA) both have set a strong precedent for workers' rights and the right to create and form unions. From an ER standpoint these laws and compliance requirements are also constrictive as they are one-size-fits-all in approach.
Role of Stakeholders- the Government, Unions, Workers,
Both Australia and Germany are comparable in the depth and sophistication of systems, processes and procedures to support stakeholders. Of the two, Germany ahs been architecture far more to support and protect the unionized work. The German Trade Union Confederation, combined with the German series of laws to protect the worker has lead to protectionist approaches when it comes to allowing new businesses into Germany. MNCs looking t expand into Germany…
China is very clear on its use of labour laws, with a country-wide precedent set in 1995 with their Labour Law of China. This was the first employment law enacted by the CCP. There is also the Labour Contract Law passed in 20087 that require all employers to provide employees a written contract within a year of employment, and fines employers who do not do this. There are also labor dispatch providers and support for verbal contracts in the Labour Contract Law of 2008. In 1993 China based the Enterprise Minimum Wage Regulation and amended it in 2004 to serve as a framework for the countries' growing economy.
The Labour laws in Australia on the other hand are much more oriented towards a shared level of responsibility and arbitration. The Australian ER reform includes the ACTU/Federal ALP Government accord passed in 1983 and 1993 and the Industrial Relations Reform Act of 1993. The Workplace Amendment (Work Choices) Act of 2005 and Fair Work Act of 2009 all support the more progressing nature in ER relative to Germany.
delete them, please note where the information came from. THANKS!
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,…
For instance, decertification petitions must be signed by no fewer than 30% of employees, must be filed when a contract is NOT in effect or agreed upon window, and must also be free of any coercive influences from management. Once the petition and preliminary work is done, a formal document must be filed with National Labor Relations Board, which will schedule a decertifying election, typically within 60 days. During that time period, management and labor may campaign. Once the election is held, the NLRB will decertify the union if a simple majority, 50.1%, votes against the union.
Source: Ohio Hosptial Association, "The Decertification Process," Cited in:
multiple elements of the perceived prescriptive nature of collective bargaining agreements and analyze the arguments to the contrary.
The various elements of a collective bargaining agreement include: a signed contract and the terms / conditions that must be followed. Inside the document there will be a number of provisions that will be spelled out such as: employee rights / responsibilities, the authority of management and how any kind of changes can be made to the labor agreement. The combination of these factors is important, because they are creating a foundation for protecting the employees. While at the same time, they are establishing provisions to ensure that the staff is able to meet the objectives of the organization. This is the point that the agreement is addressing the needs of both sides.
However, some will argue that collective bargaining hurts the ability of an employer to adapt to changes. In some…
Hess, F. (n.d.). Collective Bargaining in Education: Negotiating Change in Today's Schools.
Pynes, J. (n.d.). Local Government Labor Relations.
Striking is not deemed to be an acceptable method of dispute resolution under the Taylor Law. According to Section 209, an impasse is deemed to exist if the parties fail to achieve agreement at least one hundred twenty days prior to the end of the fiscal year of the public employer. Specific provisions of Section 209 pertain to certain, select public employment bodies, such as police and fire unions, which must submit directly to binding arbitration because of the vital nature of the services they provide. The PERB can assist resolution by appointing mediators, and if this fails, it can create a fact-finding board with the power to make recommendations. If an impasse is still manifest the dispute is shifted to the chief executive officer of the government involved and to the employee organization involved.
Public employees are allowed to unionize by law (and, indeed, it could be…
" (Rouillard, 1987) There was a desire to "humanize the economy" based on the value of work being "more important than capital since the individual had to take priority over the accumulation of goods." (Rouillard, 1987)
VIII. LIERAL HUMANISM & ECONOMIC PLANNING
In 1958 this liberal humanism of the CTCC "manifested itself in a new theme that appeared...economic planning." (Rouillard, 1987) Abuses of the system were corrected by the intervention of the state even though it was symbolic intervention only and it even "further directed the economy toward satisfying the real needs of individuals." (Rouillard, 1987) the CTCC gradually became nondenominational over the years and finally in 1960 the CTCC dropped 'Catholic' from its title and "all direct references to the Church's social doctrine." (Rouillard, 1987)
IX. ETHNICALLY SUMERGED SPLIT LAOUR MARKET
The work of Calliste entitled: "Sleeping Car Porters in Canada: An Ethnically Submerged Split Labour Market" (1987) states…
Calliste, Agnes (1987) Sleeping Car Porters in Canada: An Ethnically Submerged Split Labour Market. Canadian Ethnic Studies. 1987 Canadian Ethnic Studies Association.
Gindin, Sam (1987) Globalization, Nationalism, and Internationalism (1987) the Modern Era (1960-1990).
Iacovetta, Franca (1987) From Contadina to Workers: Southern Italian Immigrant Working Women in Toronto, 1947-1962. The Modern Era. (1960-1990)
McDowell, Laurel Sefton (1987)the Formation of the Canadian Industrial Relations System During World War Two. Labour/Le Travail 1987 Memorial University of Newfoundland.
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.
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.
Role of Labor Unions in Industrial Relations
In their definition, labor unions have always been known as organizations that have always aimed at getting their members both financial and non-financial benefits. The role of labor unions is however bigger than that and they have been known to aid in helping employers improve the productivity and discipline of their workers. Labor unions respond to issues differently. This is explained by the differences in industrial relations contexts and also policies of different states as well as strategies of the various employers around the country.
Employees come together to form a labor union to achieve a common goal. Labor unions have several goals. Some of the goals include agitating for higher retirement benefits as well as other benefits for its members. They also seek to increase the number of workers assigned for specific job tasks. They ensure that employees work under good and…
Baglioni, G. And C. Crouch (eds.) (1990) European Industrial Relations. The Challenge of Flexibility (London: Sage).
Barrow, C. (2013). Industrial Relations Law. New York: Routledge.
Blanpain, R. (2007). Decentralizing Industrial Relations and the Role of Labor Unions and Employee Representatives. New York: Kluwer Law International.
Blanpain, R., & Baker, J. (2010).Comparative Labor Law and Industrial Relations in Industrialized Market Economies. New York: Kluwer Law International.
Professional Issues in Nursing
Things that surprised me
The chapter on collective bargaining has some surprising aspects with respect to nursing. Collective bargaining has a number of difficulties while being implemented at nursing profession. Nurses have a number of predicaments that can easily bar them from accessing and delivering quality services to patients. In order to arrive at an equitable ground where success is determined and assessed by use of collective bargaining, nurses and any other worker should exist in groups of palatable ground of service.
As indicted in chapter 17 of the book, nurses and many people working in organizations have difficulties in accessing policies that demonstrate their capabilities. Nurses encounter difficulties, which are often directed to their organizations. Nursing is a difficult activity that deserves a lot of sacrifice and affection from the people involved. Moreover, it is surprising to know that there are no direct segments within…
Huston, C.J. (2010). Professional issues in nursing: Challenges & opportunities.
Philadelphia: Wolters Kluwer Health/Lippincott Williams & Wilkins.
Letter Against Unionization
Dear Mr. Hines
Thank you for our recent discussion regarding the American Professionals Union's attempt to organize our nursing staff. The nurses have made their many grievances known and I have listened intently to their rationale about unionizing. With the widespread shortage of nurses, many hospitals have given way to unionization. This is not a new trend. It is a popular way for nurses to resolve challenges and negotiate salaries. The American Nurses Association first endorsed collective bargaining in the later 19040s and at the time, viewed it as the road to improving both wages and working conditions (Carrell & Heavrin, 2007). Today, nurses' attention has shifted from wages, benefits, and work conditions, to also include patient issues. ecent strikes in California, Minnesota and Pennsylvania have focused on nurse to patient ratios in particular, after extensive research revealed a direct correlation between minimum nurse to patient ratios…
Carrell, M.R., & Heavrin, C. (2007). Labor relations and collective bargaining: Cases, practice, and law (9th ed.). Upper Saddle River, NJ: Prentice Hall.
Harrison, M. (2012). Nurses Need the Right to Strike to Protect Patients. Nursing Standard, 26(34), 33.
Gillen, S. (2012). Under deconstruction -- employers chip away at Agenda for Change. Nursing Standard, 26(34), 12-13.
Sherwood, C. (2012) Untruths. Retrieved June 7, 2012 from http://www.stopunions.com .
The Rise of Collective Bargaining
According to Brody (1993), the collective agreement signed between unions and employers meant that the unions were no longer pushing for activism, but rather they were running the unions as a business. The unions were mostly concerned with ensuring that employees had job security and they worked hard to quell any disturbances that might arise. With employees working as expected and employers willing to pay the employees as agreed, there was a need for the unions to honor their contractual agreements. The contracts removed the unions from management and offered the company managers leeway to run the business as deemed fit. Unions opted to have collective bargaining agreements that in the long run meant that the unions were powerless and the power of workers no longer rested with the unions (Aidt & Tzannatos, 2002). Adopting collective bargaining agreements meant that unions had to adhere to…
Characteristics of Nursing Employment Settings Without Collective Bargaining
Collective bargaining, which is what is done by unions, is generally thought by most people to be beneficial, but there are some health care settings where the nurses choose not to be part of collective bargaining agreements or unions. These employment settings are generally characterized by nurses who have an affinity for their job, and who would do that job as a volunteer if they did not get paid. In other words, these nurses believe that they are doing what is right for their patients, and that is what matters to them. Sure, many of them have bills to pay and mouths to feed at home, and they understand the value of their paycheck. However, they want to be paid on the merits of what they are doing, not because a big group of people got together and said that they were…
The union, however, must be part of the process of determining a reasonable accommodation where the reasonable accommodation would cause a material, substantial or significant change in working conditions" to the unionized employees (Johnson, 2007).
However, negotiating reasonable accommodations, "may conflict with the NLRA prohibitions on direct dealing and unilateral changes to terms and conditions of employment," which must be established during the collective bargaining process (Johnson, 2007). Thus the provisions of the ADA and NLRA may conflict. Furthermore, unlike Title VII, the "ADA does not contain an exception for collectively bargained seniority systems. Most likely, therefore, an employer can not automatically reject a requested accommodation that conflicts with or affects the terms of a collective bargaining agreement, such as request for a light duty job without the requisite seniority or a request for job restructuring, but must show that the accommodation would be an undue hardship, that is, unduly…
Laurie M. Johnston. (2007). The ADA and Collective Bargaining Issues. DLRP.
Retrieved 10 Jun 2007 at http://www.dlrp.org/html/publications/employment/otherlaws/collective_bargaining.html
These techniques gather information and create networks of people and they help promote the interests of the unions at the level of policy making.
In terms of the future, this is difficult to foresee. Nonetheless, a feature which gains more and more popularity is the possibility for the No Child Left Behind Act to further increase the bargaining powers of the teacher and their unions. In such a context then, the policy making process would be more influenced by the teachers' unions.
At the same level of impasses which need resolution, Joan E. Pynes and Joan M. Lafferty take a more distant approach. Unlike Paul Manna, who emphasizes on the specifics of the NCLB act, Pynes and Lafferty take a more objective stand to the problems in the public sector and create a list of the means to be used in resolving impasses; their approach is more distant and more…
Gewertz, C., Collective bargaining bumping up against No Child Left Behind Law, Education Week, http://www.edweek.org/ew/articles/2004/09/08/02philly.h24.html last accessed on November 9, 2011
Manna, P., Teachers unions and No Child Left Behind
Pynes, J.E., Lafferty, J.M., Impasse resolution in the public sector
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…
We tend to think of labor unions as a thing of the past. Not, of course, that workers no longer need protection. But since the beginning of the first eagan administration, we have become used to workers' rights being chipped - and sometimes hacked - away by the powerful interests of capital. (The same powerful interests, of course, that unions were designed to fight against). The overall percentage of workers who belong to unions has been falling for generations, in part because of eagan-era legal decisions that lessened the power of unions and in part because of globalization and a shift away (in the United States and in othe First World countries) from the heavy-industrial jobs that have tended to be the most heavily unionized, as Boeri (2001) notes.
But even as heavy industry is losing jobs and unions are losing those same workers, in other parts of the…
Boeri, T. (2001). The Role of Unions in the 21St-Century. Oxford: Oxford UP.
Riccucci, N. (1990). Women, Minorities, and Unions in the Public Sector. Miami: Greenwood.
Stadelbacher, D. (2003). Interview,
Wheeler, H.N. (2002). The Future of the American Labor Movement. Cambridge: Cambridge University.
Labor Negotiating Practices
The issue of labor negotiating practices is one of the most important issues that companies must address. This is because the sensitiveness of labor problems is reflected in their legal implications. The battle between employers and employees becomes more and more difficult and requires advanced negotiation skills.
Company's Stance towards Labor Issues
The company that is analyzed in this case is represented by the companies that joined their forces in order to purchase Twinkies and other important brands from Hostess in their attempt to invest in their revival. These companies are represented by Metropoulos and Co. And Apollo Global Management. The potential of these brands has been acknowledged by the two companies that are interested in opening up new production plants. This means that they will hire a large number of employees. However, the issue in this case is that these companies are not interested in allowing…
1. Feintzeig, R. (2013). New Twinkie Maker Shuns Union Labor. The Wall Street Journal. Retrieved May 20, 2013 from http://online.wsj.com/article/SB10001424127887324474004578443062380660262.html .
2. Farrell, J. (2013). Twinkies and Labor Unions: Explaining the Hostess Collapse. Retrieved May 21, 2013 from http://www.policymic.com/articles/19288/twinkies-and-labor-unions-explaining-the-hostess-collapse.
Unions and Collective Bargaining
Employees join labor unions because the union represents the rights of the employee in the bargaining process with the company. This can be helpful as there can be a lot of subtle nuances within a contract that only an experienced representative would understand. Another reason employees join labor unions is to have solidarity with other employees, which allows them to exercise grievances more effectively. A union is an organization that is meant to look out for the interests and rights of laborers, so an employee will join the union for these two reasons: to protect his interests and to better assert his rights.
Two reasons that organizations prefer that unions do not represent their employees is that unions can often bog down the contract process and put up obstacles in the way of what the organization wants to accomplish in terms of employee compensation. The other…
Fecteau, M. (n.d.). Legal Boundaries of Collective Bargaining. Clas.Wayne.Edu.
Retrieved from http://clas.wayne.edu/multimedia/lsc/files/collectivebargaing.pdf
Jeanty, J. (n.d.). Collective Bargaining and Employee Rights. eHow. Retrieved from http://www.ehow.com/info_8275359_collective-bargaining-employee-rights.html
Schwartz, B. (2015). The Legal Rights of Union Stewards. MA: Work Rights Press.
(AFL-CIO, 2011e) These are the benefits to workers from unions and the result when they are not allowed to have unions. There are problems and benefits to the business from unions rather than workers from the unorganized sector.
From the point-of-view of business also the unions have helped the business boost productivity. As per the contention of Professor Harley Shaiken at the University of California-Berkeley where unions exist there is greater productivity, less absenteeism and better workplace communication and team spirit. There is also the possibility of having a better trained workforce. Consequently it leads to better performance, and competitiveness, and health safety and product quality. This in turn gives the firm a competitive edge in the economy. The study by Harley Shaiken shows that from 1943 to 1973 the wage rise and the rise in productivity were correlated while after 1973 with the union and collective bargaining…
AFL-CIO. (2011a) "America's Union Movement." Retrieved 26 January 2010 from www.aflcio.org
AFL-CIO. (2011b) "Collective Bargaining Raise Wages -- Especially for Women and People
of Color" Retrieved 26 January 2010 from http://www.aflcio.org/joinaunion/why/uniondifference/uniondiff4.cfm
AFL-CIO. (2011c) "Nonunion worker pay is significantly lower in nearly all occupational groups" Retrieved 26 January 2010 from http://www.aflcio.org/joinaunion/why/uniondifference/uniondiff5.cfm
A labor union refers to an association of employees that have come together in pursuit of common goals, such as better pay. Labor relations are wider in scope; they refer to the interactions between the labor unions (employees' representatives) and employers - and usually deal with the maintenance of collective bargaining agreements.
Labor relations date way back to the formation of the very first significant unions: the Knights of Labor, the American Federation of Labor (AFL), and the Congress of Industrial Organizations (CIO). The Knights of Labor, however, failed to achieve its objectives due to its large membership. AFL, unlike the other two, initially restricted its membership to skilled tradesmen. However, with the 1935 formation of CIO, which incorporated both skilled and unskilled laborers, conflicts resulted and the two unions later merged.
Enacted in 1926 and later on expanded to rope in the airline industry, the…
In this regard, Osorio adds that, "The strike put deregulation on hold, giving the airlines a respite from intense competition and more time to plan for the post-deregulation era" (2000, p. 114). The PATCO strike also severely hampered further governmental employee unionizing activities for decades (Osorio, 2000).
The research showed that in 1981, the Professional Air Traffic Controllers Organization engaged in an illegal strike for more money, better working conditions and updated equipment that violated Title VII of the Civil Service eform Act of 1978. Notwithstanding the legitimacy of the union's demands, the manner in which they pursued them was violative of the law of the land and the President of the United States took matters into his own hands as chief executive officer and fired the lot of them in response, replacing them with supervisors, military air traffic controllers and newly hired controllers. The PATCO strike also had…
Grimes, P.W. (1999). The decline of strike activity and the post-PATCO era. Atlantic Economic
Journal, 32(2), 37.
Manheim, J.B. (2001). The death of a thousand cuts: Corporate campaigns and the tttack on the corporation. Mahwah, NJ: Lawrence Erlbaum Associates.
Minchin, T.J. (2000, Spring). Torn apart: Permanent replacements and the Crossett Strike of
GOP Aacks on NLRB
Labor Movemen & Srucure of he NLRB
In his paper I explore he sae of he curren relaionship beween he Republican Pary and he Labor movemen in he Unied Saes. In par one I briefly race he hisory of he labor movemen in he Unied Saes and he passage of he Naional Labor Relaions Ac and he emergence of he Naional Labor Relaions Board. . In he paper's second secion, I discuss he GOP's sraegy a he sae level-wih special aenion paid o Wisconsin and Ohio. In par hree, I discuss he GOP's sraegy a he naional level wih respec o heir aacks on he Naional Labor Relaions Board, focusing specifically on he House's refusal o appoin and approve anymore Board Members and heir recen passage of he Proecing Jobs from Governmen Inerference Ac. Finally, I explore boh he fuure prospecs of union busing sraegies and…
to the Board's duties and mission. The site houses a copy of the National Labor Relations Act of 1935 and its subsequent amendments, in addition to an explanation of the duties of the NLRB, its dispute resolution process, directions regarding how to file a complaint, and the life cycle of labor law violations.
Zieger, R.H., & Hall, G.J. (2002). American workers, american unions: The twentieth century. (pp. 13-56). Baltimore: John Hopkins University Press.
Zieger and Hall catalogue the history of the American Labor Movement by beginning with a frank look at the state of unregulated industry in the first quarter of the twentieth century. They move on to catalogue the rise and fall of the American Labor Movement including the emergence of the strikes, the legal battles, the issue of race and labor, and finally the nature of labor in the United States at the beginning of the 21st Century. Zieger and Hall provide an extensive historical and legal overview of the rise of the unions.
If a violation of worker's rights occur, these unions can be contacted with complaints. Once again, if the worker's unions cannot resolve the problem adequately, consultation with higher authority figures is an option.
Being a unionized institution, collective bargaining is very much part of the employment process. This generally occurs at the departmental level. Generally, higher-level positions are filled by persons already employed by the University. The collective bargaining process entails the establishment of a contract that both an employee and employer find agreeable. uch a contract concerns the conditions of the workplace, including the hours, rules, regulations, and wages.
Once an employee is accepted at the University, the head of department encourages this person to join a union. The employee is then included in a meeting with a union representative and the head of department to discuss the terms of the contract. When an agreement is reached, the…
Bensimon, Estela M., Neumann, Anna and Birnbaum, Robert. "Higher Education and Leadership Theory.
Birnbaum, Robert. (1989, Jul). The Latent Organizational functions of the Academic Senate: Why Senates do not work but will not go away. The Journal of Higher Education. 60 (4).
Dill, David D. (1982). The Management of Academic Culture: Notes on the management of meaning and social integration. Higher Education, 11.
Downey, James (1996, Winter). The University as Trinity: Balancing Corporation, Collegium, and Community. Higher Education, Vol. 21, No. 2.
Police Systems and Practices Question Set
Discuss how temperament can impair communication?
The ability control one's temperament at all times while working as a police officer is crucial to the performance of daily duties, because there are many instances when law enforcement personnel may be provoked to reaction in a purposeful manner. If an officer is unable to refrain from responding to insults in kind, or begins to yell or otherwise express anger, the course of an investigation or civilian interaction will become irrevocably altered. Simply put, ordinary people are less willing to cooperate with police officers and other authority figures who are openly frustrated, angry, spiteful, impatient, or otherwise perturbed -- so it is imperative that maintaining an even-keeled temperament become both a departmental and personal priority.
Discuss how failure of supervisors to act can impede future communication from subordinates.
A police officer's locker room is like any other…
Union Security Provisions Should Be Negotiated in Labor Agreements
Union security provisions are an important issue of collective bargaining and have become a crucial point of controversy between employers and unions. As such, it must be incorporated in the vast majority of collective bargaining contracts. This can be achieved by employers encouraging monthly deductions from the employees' monthly salaries. Obviously, fines and special security provisions will have an added advantage to the union (Carrell & Heavrin, 2011). Safety and security to the unions has an added advantage of the labor organizations in terms of time and money savings to strengthen its institutional status. For this reason, most companies are not happy about the union security provisions even though most people have acknowledged it a method of collecting dues for their organizations. Once willing to grant union security provisions, employers are likely to make it a major issue of bargaining per…
Carrell, M.R., & Heavrin, C. (2011). Collective bargaining and labor relations: Cases, practice, and law. New York: Merrill Pub. Co.
Sloane, A.A. & Witney, F. (2010). Labor relations (13th Ed.). Upper Saddle River, NJ: Prentice Hall.
1. Maslow's Hierarchy of Needs Theory
Maslow's Hierarchy of Needs Theory states that every individual has different levels of needs that must be met for them to reach their ultimate potential. The basic level includes the necessities of life, such as food, clothing, and shelter, while the more advanced levels require such things as positive social relationships and self-esteem. An officers job can be difficult, especially over a number of years. The reality that most officers eventually face is how to deal with stress and staying motivated. Applying Maslow's model can be beneficial to ensure that as many officers needs are as possible so that they can be resilient in their roles and maintain a positive attitude.
2. Herzberg's Hygiene/Motivators Theory
The hygiene/motivators theory considers satisfaction on two different dimensions. Factors such as salary, benefits, work environment, and others may lead to a satisfied officer who is not necessarily a…