Labor Law: Collective argaining
It is set out in 29 U.S.C. § 158: U.S. Code -- Section 158: Unfair Labor Practices that unfair labor practices by an employer include the following:
It is an unfair labor practice for an employer to:
(1) interfere with two or more employees acting in unison to protect rights that the Act provides for whether there is the existence of a Union or no existing union;
(2) to dominate or interfere with a labor union being formed or administered;
(3) to discriminate against employees for engaging in a union or union activities or alternatively from refraining from the same;
(4) to discriminate against an employee for the filing of charges with the N.L.R.. Or to discriminate against an employee for taking part in any N.L.R.. proceedings; and (5) to refuse to bargain with the union that is the lawful representative of an employee or employees.…… [Read More]
Labor unions have played an important role in employment practices in the United States for a long period of time. However, union membership and the number of unions have been declining in the recent decades though the decline varies by region. Despite the decline, labor unions have continued to play an important role in the determination of the terms and conditions of employment for employees. Labor unions influence employment terms and conditions for workers through acting as mediators in any employment-related issues. Moreover, these organizations help in advocating for employees' rights and protecting workers from employment discrimination. Therefore, the death of labor unions in the United States would have considerable impacts on employment terms and conditions as well as practices.
If the labor laws were repealed and labor unions made illegal, employment policies and practices will be significantly affected with regards to the terms and conditions of employment…… [Read More]
Labor Laws and Unions Kaiser Permanente
Labor Laws and Unions
In today's competitive business environment, there are a number of facets that must be perfected within any organization in order to succeed within its industry. Any given organization must master practices and procedures in several different professional genres in order to stay competitive within the ever-evolving marketplace. As such, constantly keeping up-to-date with the latest innovations and practices is necessary for any business. This goes for all organizations, including national healthcare organizations. For example, Kaiser Permanente is a major name in the healthcare organization that has had to learn to adapt to local and federal laws in order to stay competitive and successful within its industry and working with unions have helped the organization succeed.
As one of the leading healthcare providers in the state of California and the country at large, Kaiser Permanente has a stellar track record of…… [Read More]
Labor Laws Unions Choose organization familiar unionized. Outline organization chosen including: • Provide background information chosen organization. • Identify legal issues obstacles organization encounter.
One of the best known unions in the world, in terms of the union power and capacity to exert influence in the organization, is the union structure at General Motors. General Motors employees 209,000 people, sells around 6.5 million annually and is considered to be one of the largest companies in the automotive industry
Although the company's competitiveness has been challenged in the mid-2000s, the organization proved sufficiently versatile to penetrate new markets, such as the Chinese market, offering new opportunities.
Historically, the United Automobile Workers (UAW), one of the main unions that groups workers from the automotive industry, has been able to bargain privileged working conditions with the three big producers in the United States, including with General Motors. These ranged from job security guarantees…… [Read More]
Collective bargaining can be separated into three distinct parts: the obligation to meet and discuss; the obligation to bargain in good faith; and the obligation to cover certain subjects. The company is not required to have the same opinion to any exacting contract provision, no matter how sensible or fair it seems to the union. On the other hand, declining to meet at practical times; declining to talk about grievances; declining to talk about wages, benefits, or other obligatory subjects of bargaining; take it or leave it bargaining; or efforts to make deals behind the backs of the negotiating committee would be considered unfair labor practices (Collective Bargaining FAQ's, n.d.).
Unfair labor practices are investigated by the National Labor elations Board. The National Labor elations Board is a self-governing federal agency vested with the authority to defend employees' rights to systematize and to figure out whether to have unions as…… [Read More]
Before the FLSA and COBA laws were passed, there were many employers who were taking advantage of their workforce in several ways.
It was not uncommon to call an employee exempt who really did not qualify for an exempt status. The company would do this for the purpose of avoiding overtime pay. At the same time, the same employers were docking their workers if they called out sick or had to take time off for personal or doctor appointments. Essentially the workers were providing many hours of free labor but not being compensated with the ability to call out sick or go to appointments without a financial punishment. The employers practicing this method of supervision were getting the best of both worlds while the employees were getting the worst of both worlds.
Once the FLSA laws went into effect there was an immediate and significant changes across the nation in…… [Read More]
This lawsuit should be settled between the players union and the NFL, with the NFL agreeing to cut Vilma's suspension in half as a compromise. Carrying this bitter debate out in a public display of acrimony would not serve the NFL or the players well.
hat are the benefits of joining a union? Union members are allowed to negotiate on "…pay standards, benefits, and safety and security issues (Hamlett, 2010). Also, if there is unfairness in pay or working conditions, unions can legally go on strike. As to unionization, the NLRA authorizes workers to legally attend meetings held by union leaders hoping to set up a union. The passing out of pro-union literature (including petitions) can be done on the worksite during breaks or at lunchtime. Section 7 of the NLRA says that employees have the right to "…self-organization, to form, join, or bargain collectively through representation of their own…… [Read More]
labor law encourage or discourage unionization?
I have always felt that historically, the relationship between labor laws and management was built on conflict to discourage Unions. I feel that the interests of labor and management have always been seen as basically at odds, with each treating the other as the opponent. But I truly think that times are changing. In today's corporate world, Management has become increasingly aware that successful efforts to increase productivity, improve quality, and lower costs require employee involvement and commitment. And I also feel that similarly, today's labor unions are recognizing that they can help their members more by cooperating with management rather than fighting them.
In today's Corporate America, many of the U.S. labor laws are created in a cloud of mistrust and antagonism between labor and management, thereby creating a barrier to both parties becoming cooperative partners. For example, "the National Labor Relations Act…… [Read More]
Labo Law: Mine Safety and Health Act
The Fedeal Mine Safety and Health Act passed in 1969 and wee last substantially amended in 1977. Thee has been just one amendment to the Act since 1977; that was a penalty incease in 1990 enacted not fo safety and health policy easons, but to aise evenue fo the fedeal govenment.
The Coal Mine Health and Safety Act of 1969, and the Mine Safety and Health Act of 1977, have been among the most successful laws that the Congess has evey enacted. It povides fo a compehensive appoach to mine safety and health combining enfocement with education and taining as well as a wide ange of coopeative effots to pomote safety and health thoughout the mining industy. Total mine fatalities in the decade befoe enactment of the 1977 law anged fom 435 to 254. In the 1990's, annual deaths in mining have anged…… [Read More]
Individuals are in fear in regards to their own personal finances. Unemployment is high, individuals are saving more, and the future is very unlikely in regards to economic prosperity. This is in turn beyond the control of the current legislation and can not be altered unless a subsequent change in consumer sentiments is enacted.
This affects homeland security because its funding source, the consumer, is not spending. If the consumer is not spending, then less income is generated by the government. If less income is generated by the government, the defense budget will not be adequately funded. If the homeland security budget is not properly funded then union workers will get laid off or fired, thus reducing the union's power. We will see real world examples of this in the section below.
Research relating to police unions, firefighter unions and collective bargaining
Labor Unions have power as they can control…… [Read More]
Should American labor laws be abolished?
The answer to that question is no, but labor laws in the U.S. need serious revision, according to Professor Stephen F. Befort of Boston College. In a 42-page research paper on the historical and contemporary issues that relate to labor laws in the U.S., Befort states: "Simply put, it's a mess." Befort generalizes the problem by stating that the "…legal structures of employment have failed to keep pace with dramatic changes in working life" (Befort, 2002, p. 1). The present legal "landscape" that results from laws governing employment is "a very complicated one," Befort explains.
It is "garbled by a maze of potential claims and forums," and when an employee is terminated, there are a number of possible claims that can be used to challenge the employer's decision to fire that employee, Befort continues (p. 18). There are multiple forums and federal…… [Read More]
NC Labor Laws
The cost of violating labor laws within the state of North Carolina is punishing. It is important for human resources departments across the state to obey and follow all of the rules and regulations regarding these issues. The purpose of this essay is to describe a hypothetical situation in which a human resources department for a company is tasked to address the issues related to their need for seasonal employees who may be from another country.
This essay will examine all the state and federal laws regarding this issue in order to derive a plan that confines with these laws. I will first describe the scenario and develop an action plan designed to address this issue. The essay will continue to evaluate this plan by stating the competitive advantages and disadvantages of this plan. Finally this essay will speculate what might happen if the situation was not…… [Read More]
Greek and French Labor Laws
French trade unions are the weakest in terms of membership in the entire Europe. Generally trade unions are divided confederations; there is rivalry between the confederations since they compete for the same membership (Linda 1995)
The Greek government has a right to organize the economy at the interest of the Greek people, and in that regard their decisions cannot harm the basic government economic plan. The Greek government is heavily involved in their economic planning. In Greece the law permits unions to hold a strike. There is a board that deals with collective labor agreements, that is the Organization of Mediation and Arbitration Board. The board deals with any discrepancies. The board is made up of 11 members six of whom are elected by workers and employers, two from academic institutions, one specializing in labor relations, one representative from the Ministry of Employment and one…… [Read More]
Bradley Stonefield -- Landslide Limousines
From: Traci Goldeman -- Atwood and Allen Consulting
Review of Applicable Labor Laws
Department of Labor -- age and Hour Division
Labor laws are important to keep in mind and be knowledgeable about. The Fair Labor Standards Act (FLSA) has established the minimum wage for workers, the way overtime should be paid, how to keep proper records for full time and part time employees. The FLSA applies to private employers, state and federal employees, the U.S. Postal Service and of course your business will be impacted by the FLSA. Currently in Texas the minimum wage is $7.25. The penalty for failure to pay at least the minimum wage is, in general, is up to $1,100 "for each violation" (DOL). There is a provision in the FLSA that if your employees receive tips (on a regular basis) you may be able to "pay them…… [Read More]
labor law in the UAE and whether private firms adhere to the government declared labor laws in the UAE. Fifteen sources are reviewed and findings reported.
LABO LAW IN THE UAE
UAE Labor Law (nd) Gulf Talent
Arab Emirates Embassy
Arab Emirates Embassy
UAE Labor Law Articles
New proposed labor law reviewed
Examines debate over labor law
Explanation of Labor ights in the UAE
Cabinet of Minister's esolution
Al Nowais (2014)
AL TAMMI & CO
Examines 2003 Amendment to Labor Laws
Examines emiritization as it realtes to labor law in the UAE
Examines disciplinary actions in UAE labor law
Oxford Business Group
Notron ose Fulbright
Covers the labor laws to be amended in the UAE
Examines UAE Labor Laws
Examines UAE labor laws
Examines law issues in the Gulf States
UAE Labor…… [Read More]
Given the large number of part-time employees at CST, it is important to understand how Federal and state laws govern their employment and pay. In general, part-time employees are defined as any employees working regular hours under 40 hours a week. These employees are generally covered as non-exempt, hourly employees under Federal law.
While some states have laws requiring benefits for part-time employees working more than 25 hours a week, Oregon is defined as an "at-will" state, which means that it allows companies themselves to determine the level of benefits offered to part-time employees. According to Oregon state law: "For purposes of employee benefits, there are no statutory definitions of "part-time" or "full-time," and minimum weekly hours for benefits eligibility are determined by an employer's policy or by the terms of the group health coverage plan the employer adopts."
According to CST's company policy, part-time employees do not…… [Read More]
Captain, Crunch and Associates in Labor Law:
I am the office manager for the Italian Brothers restaurant. e are preparing to dismiss a part-time employee and while we do so reluctantly, we do consider it a necessary measure. e thank you for your consideration of the facts, our position and our request for counsel.
In short, Niko is a part-time employee who worked a variant of hours, had always been reliable and has generally been eager to learn more both as a server and an aspiring chef. A student nearing graduation, Niko had a bad night in which he burnt his hand on hot running water and, subsequently, lost his temper with a customer. Shortly thereafter, rumors emerged that Niko was planning on opening a competing Italian Restaurant nearby. Recognizing that Niko has learned and even written down our establishment's family-developed recipes, we are concerned about his intentions. e consider…… [Read More]
A lot of controversy surrounds the question of whether California is still an at-will state given all the exceptions it has made to the doctrine over the last few decades. Simply stated, the employment-at-will doctrine is a Common Law concept that gives employers and employees the right to terminate an employment contract at any time, with or without just cause. This basically implies that an employer can fire an employee at any time, for any reason or no reason at all; in the same way, an employee can quit their job at any time without necessarily giving reasons for the same to the employer (Muhl, 2001). Four states, including Florida, Georgia, Louisiana, and hode Island subscribe to the at-will doctrine fully, with no exceptions; the rest of the states, however, make varying exceptions to the doctrine as a means of protecting the rights of employees. The doctrine, however,…… [Read More]
Review of “New Evidence on the Effect of Right-To-Work Laws on Productivity and Population Growth”
Right to work laws allow workers to work in unionized workplaces without being union members or being required to pay union dues (National Right to Work, 2018). In right to work states, workers thus have the options of working in industries dominated by unions without having to feel that they must join the union to take a job in the field. The study by Hicks, LaFaive and Devaraj (2016) focuses on how right to work states promote population growth and productivity. This paper will summarize the article, discuss relevant points made by the authors, critique the article and apply the concepts presented in the article to the real world.
Summary of the Article
The article by Hicks et al. (2016) first provides a review of right to work literature and research to give the…… [Read More]
Employment-at-will doctrine is a law that requires both the employer and the employee to either enter into a contract of employment willfully or terminate such a contract willfully. Under this law, an employer may employ an employee if the employer is willing to employ specific employees willing to accept the job under the given terms and conditions. Moreover, this doctrine allows the employer to terminate the employment contract of an employee for any reason even if it is not justified and without prior notice. Similarly, the doctrine allows the employee to terminate their contract of employment with an employer without prior notice (Mixon, 2014).
Some exceptions apply to the Employment-at-will doctrine. These exceptions include all situations in which the employment at will doctrine may not apply. The first exception to the employment-at-will doctrine is in cases where employees and employers have collective bargaining agreements. Employees who are members of the…… [Read More]
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 it…… [Read More]
Laws and Wages
Legislation and Wages: An Intricate Dance, but Who's Leading?
Government and employment have always had and will necessarily continue to have a complex and mutually influential relationship, not least in the area of wages. What people are able to earn has always been a pressing issue in any capitalist system, and can influence the formation and the actions of government in numerous direct and indirect ways. In the other direction, legislation enacted by the government can both directly impact employees' wages and have indirect impacts through the changing of burdens that employers must contend with in compensating employees and operating their businesses. This paper briefly examines the relationship between government and wages, and specifically between legislation and employers' abilities to pay wages and utilize wages as an effective workforce motivator and stabilizer. This examination shows that good intentions can sometimes have questionable results, even when the ethical…… [Read More]
Goodyear which effectively denied employees the right to sue for wage discrimination after the passing of 180 days that "Justice Ruth ader Ginsberg was so incensed she read her scathing dissent aloud from the bench. She defended Lilly Ledbetter's right to sue her employer, Goodyear Tire & Rubber Co., Inc. For pay discrimination on the basis of sex, giving a not-so-gentle reminder of the realities of the American workplace." (Steiger, 2007) Specifically written by Justice Ginsburg is that as follows:
worker knows immediately if she is denied a promotion or transfer, if she is fired or refused employment. And promotions, transfers, hirings, and firings are generally public events, known to co-workers. When an employer makes a decision of such open and definitive character, an employee can immediately seek out an explanation and evaluate it for pretext. Compensation disparities, in contrast, are often hidden from sight." (Steiger, 2007)
Steiger reports that…… [Read More]
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…… [Read More]
Many Chinese workers, including children, are forced to work in poor conditions (Ka Wai, 2004). Many workers are working in the town ship and village factories. According to a government report in 1984, the majority of township and village enterprises in China have at least one major problem that causes occupational disease. Many factory workers are working in dangerous conditions, in which poisonous chemicals, dust, and noise are predominant. As a result, many workers suffer from a variety of preventable health conditions.
Companies like Nike and eebok often subcontract factories in poor countries because they do not have to deal with production. By distancing themselves through subcontracting, benefiting from low production costs without having to take responsibility, they make huge profits.
In Indonesia, United States sportswear company Nike is often at the center of labor concerns (CNN, 2001). Workers at nine Indonesian factories under contract by Nike say they have…… [Read More]
"eak protections under U.S. law allow children as young as 12 to work unlimited hours outside of school on tobacco farms of any size, and there is no minimum age for children to work on small farms. Despite the known risks of nicotine poisoning, there are no special provisions in U.S. laws or regulations to protect children from the unique hazards of tobacco work."
I was aware that there were a few exceptions to child labor laws on family farms. This alone is a sensitive issue given the potential for injury with lifelong consequences, along with the conscription of children into farming labor that may detract from their ability to pursue other careers. Yet until reading this passage, I had no idea that child labor was still permitted in a larger context in the United States, especially in large farm contexts. hen it comes to exposure to pesticides, dangerous…… [Read More]
The open and free market economies proved successful from a management perspective, and government supported the primacy of the profit motive.
The consequences of these fluctuations has been a system that favors management in the United States. Labor unions have been systematically ridiculed socially, lumped together with communism and therefore derided by the American public. Similarly, labor unions have lost their political clout to a certain degree, and management has secured political power over laborers. Wages have remained deplorably low, so low that income disparity in the United States resembles that of Third World nations. Income disparity in the United States is the steepest of any other industrialized nation. Countries with strong labor laws such as the nations of northern Europe tend to be more egalitarian societies with fewer class distinctions and less of a wealth gap. The American model allows unbridled business growth at the expense of social justice.…… [Read More]
One example is when Teamsters president Ron Carey, during the UPS strike, was scheduled to stand for reelection against James P. Hoffa (Baird pp). Shortly before the UPS strike, questions were being raised by government officials regarding alleged illicit campaign donations to Carey's campaign in exchange for Teamster donations in the congressional and presidential elections of 1996 (Baird pp). Many believe that the strike diverted attention from Carey's legal problems and helped to solidify the political support and create the illusion that he was securing significant gains for the rank-and-file (Baird pp). Union officials routinely claim that the strike-threat system makes unionized workers much better off than nonunion workers, however the data from EPF disputes such claims (Baird pp).
Yet labor strikes have played an important role in the economic, political and social life throughout its history (Labor pp). From strikes by shoemakers, printers, bakers, and other artisans in the…… [Read More]
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…… [Read More]
Labor When it's Flat on its Back," by Thomas Geoghegan.
Specifically, it will discuss whether I agree or disagree with Geoghegan's question and title of his book.
THE LABO MOVEMENT
Geoghegan is a labor lawyer who has a dim view of the modern American labor movement. He believes it is past its prime and usefulness, and will eventually dwindle away, dying a lingering and painful death, and leaving millions of Americans unrepresented in its wake. He believes this will occur if total labor union membership falls below 10% in the United States. "U.S. manufacturing has gone down the drain, and with it, it seems, the entire labor movement. Just 16% of the workforce now , down from 20-25% ten years ago. Maybe it will drop to 12. Once it drops to 10, it might as well keep dropping to zero" (Geoghegan 3).
Unfortunately, the author's predictions seem to be coming…… [Read More]
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://18.104.22.168/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…… [Read More]
The procedures, rules and regulations for creating the unions are varying in different parts of the world. Moreover, those labors are not accustomed to the working conditions, rules and regulations and provide less desirable attributes for labor works. Hill (2007) also explained with extensive research statistics for the establishment of union programs in different regions such as Mexico.Despite rules and regulations, the labors are forced to work as salves. They are not given the complete incentives that their job description offers. With this in mind, the labor unions continue to present an idea on its rapid growth so that labors can be given their rights with freedoms. According to Hill (2007), labor unions though provide some solutions for immigrant labors however; effective programs and measures are working towards the change that is needed by these unions (Hill, 2007). The formation of labor unions can be useful to control the illegal…… [Read More]
The prevailing child labor practices in the world not only jeopardize the childhood of the children but also adversely effects their cognitive, physical, mental, behavioral and social aspects of life. The child labor practices are followed due to the rate of increased poverty and cultural beliefs which enforces the children to contribute in the house hold income. The lawsuits against the child labor exist but are not applied to the fullest due to the poverty rate and lack of educational and institutional services for the under privileged children. Therefore, the awareness among the parents and adults should be increased about the hazards of child labor on the life of children and families should be provided with adequate support to refrain their dependency on the earnings of their children.
Causes of Child Labor
Child Labor Statistics
Law Suits against Child Labor
Steps to Eradicate Child Labor…… [Read More]
American History after 1865: Labor Unions
As technology and the Industrial Revolution advanced following the end of the Civil War, more and more factories opened and more and more workers of all ages were being hired to fill the demanding schedules that factory owners required. Various industries—such as the meat packing industry of the 1900s (memorialized by Upton Sinclair in The Jungle)—were notorious for unsafe working environments. There were no child labor laws in effect nor any wage laws. Workers were often expected to put in long workdays, which led to overwork and an increase in workplace accidents (Schultz, 2018). From 1865 to 1940, the development of labor unions was generally a positive force leading to economic stability and the implementation of necessary laws that made businesses safer and promoted job growth.
By 1871, workplace conditions in factories were already terrible. Whitaker (1871) showed as much in his treatise “The…… [Read More]
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…… [Read More]
Labor and Employment Law
Situation A -- The Family Medical Leave Act of 1993 or FMLA was enacted to help employees balance family and work requirements (WHD, 2013). It aims at protecting and helping those with family or personal health problems. The rise in single-parent households and women employees often leads them to compromise work for family or vice versa. The law intends to strike a balance between. If an employer is connected to FMLA, an employee who has worked for one year or 1,250 hours in the preceding year is entitled to 12 weeks of unpaid leave within the 12-month period. The employer is qualified to offer FMLA if it has 50 or more employees. Employee A and his employer are, thus, qualified (WHD).
The qualified employer is obliged by law to grant FMLA leave when the qualified employee requests it with a qualified reason (WHD, 2013).…… [Read More]
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…… [Read More]
The question is should a worker have the ability to stop work as part of their collective bargaining rights at the expense of the public good. And, how much is the public good actually represented by the interests of the organization the company is striking against vs. its own selfish interests?
Ultimatately wokers should have the right to choose when they will work and under what conditions. The Taft-Harley Act is aply labeled the "slave-labor" bill. As economist Murray Rothbard explains,
There is no moral excuse, in a socity claiming to be opposed to slavery and in a country which has outlawed involuntary servicture, for any legal or judicial action probibiting strings-or jailing union leaders who fail to comply. Slavery is all too often more convenient for the slavemasters."
Further, if the public good is truly at stake, public pressure will help ensure that a strike is quickly resolved by…… [Read More]
Labor and Union Studies in ashington and Oregon States
The United States labor movement has its roots in the complex trappings of the industrial revolution. Laborers were just starting to come to the United States from foreign countries because they had learned that there were many jobs available for even the most unskilled worker. People were also moving from rural areas in America to the cities in an attempt ti have a better life also without the uncertainties that governed farm profits. The growth in many industries was a result of new technologies that allowed people to purchase items that had previously been made by hand far cheaper because the products could now be mass produced in the factories. The problem was that the owners of these factories did not care how the workers were treated because there were many more begging to have a low-paying job in a factory…… [Read More]
Surveys have found that the public find business leaders to be more trustworthy than union leaders and many members of non-union families disapprove of unions. Other factors include the increased trend towards smaller sizes of new factories. Moreover, the American workforce has changed significantly in terms of composition, i.e. age, sex, education and race. Some cyclical phenomenon in the political, social and economic environment in the U.S. has also lead to the decline in union membership. These cyclical explanations for the decline include economic factors like the rising unemployment rates in the U.S., the mounting influence of the epublicans since 1952 in national politics, and the drop in class conflicts in the country. The unions also must take a major portion of blame for failure to deploy significant portions of their budgets for organizing new union activities. (Caplow; Bahr; Chadwick; Modell, 1994); (Goldfield, 1989)
As of 2006, only 12.5% of…… [Read More]
The more effective such systems of transport, the easier it is for labor to either to commute to work a fair distance from their home. Cities provide concentrated sources of labor that may not need to commute far distances. Also, the willingness of laborers to leave their home communities and relocate is an important cultural factor to remember, as well as the cost of transportation. Finally, in some areas, gas for cats is quite expensive, while public transportation is fairly cheap, which will affect labor patterns of migration and may be different than one might expect from one's experience in America.
Local attitudes to international companies, towards a diverse workforce, and to employing refugees may vary from country to country.
The diversity of the labor force, whether it is primarily skilled or unskilled, diverse or homogeneous in its ethnic, age, or skill composition will affect what types…… [Read More]
ubstance Abuse Testing - the substance abuse testing policy for the construction industry that are union workers in British Columbia allows for: (1) pre-access testing prior to entering a job site; (2) voluntary testing; (3) post-accident testing; (4) reasonable suspicion testing; (5) return-to-work testing; and (6) testing following a probationary status. (eale, 2008) However, pre-employment and random testing for substances is considered unacceptable in British Columbia. (Harassment - the law in British Columbia makes it a violation of an employer to allow or contribute to sexual harassment of an employee in the workplace. Ministry of Attorney General, British Columbia, 2008)
Employment Contracts and Restrict Covenants - Restrictive covenants make the provision for several limitations: (1) Employee may be prohibited from working for business competition for a period of time after they leave their employment:; (2) territorial limits may restrict the employee from joining competition within defined a defined territory; (3)…… [Read More]
Law of Demand
Changes in supply and demand of goods and services lead to a shift in equilibrium. Business managers have to be seized of how market equilibrium is sought in order to make robust business decisions that can pay-off. Market equilibrium is attained when the quantity demanded by the consumers corresponds to the quantity that the firms are willing to supply bearing in mind that equilibrium is basically the price quantity pair where the quantity demanded corresponds to the quantity supplied (Vienneau, 2005). Business enterprises have to be aware of the nuances of the market equilibrium.
Economists postulate that other things held constant, an increase in price of a commodity will make the quantity of that commodity demanded to decline and vice-versa. The demand of a commodity is the amount of that commodity that is bought per unit time at a particular price. An individual will demand a specific…… [Read More]
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 frequently…… [Read More]
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,…… [Read More]
In refusing to bargain or negotiate with Mr. Bolton, attorney for Mr. Allen, the Postal Service was upholding its contract with the Union to consider the Union the sole bargaining agent for Mr. Allen and other rural mail carriers. The Union's claim that management discounted the information provided by Mr. Bolton because he was a non-bargaining agent is a gross misrepresentation of the occurrence; no real information was provided by Mr. Bolton that had bearing on this case, and management politely but firmly denied to further correspond with the attorney for matters it had contracted to negotiate through the union. Management had stated that Allen would be reinstated should the charges be dropped or Allen acquitted, and until that time the grievance and dismissal were solely labor -- and not criminal -- concerns.
There is no reason that the Union should not be allowed to provide character witnesses attesting to…… [Read More]
Laws elating to Different Businesses
Laws elated to Different Businesses
Entrepreneurship is the hallmark of the U.S. economy and more people are starting their own ventures today than ever before. While starting a business, one of the most overlooked aspect is the laws and legal requirements. A good amount of time and effort should be spent on understanding and implementing these related laws because they will make the operations and expansion easy in the future.
Federal, State and Local Agencies
The exact agencies and laws that govern your business depend upon its nature. Starting a pizza business comes with permits and licenses from different health agencies. The local health department of your city or county is responsible for issuing a permit, requesting an inspection or filing a complaint. Your business also needs a business license or tax permit from the city or county revenue department (SBA, 2011). For a web…… [Read More]
Other employment prospects in fields such as petty trading, retailing, transportation and domestic service also developed simultaneously in urban areas. In the nineteenth century, when the industrial working class became much larger and more important in the social structure they begin to assert themselves socially, politically and economically, evolving into the social order we see today.
Growth of Cities
According to Jeffery G. Williamson (1990) Britain grew at an unusually rapid growth rate during the first part of the nineteenth century. Census data of the period indicates that some nineteenth-century cities grew at rates "that would bring cold sweat to the brow of twentieth-century housing committees" (p.2). Glasgow grew at 3.2% annum in 1830's, Manchester and Salford at 3.9% in the 1820's; Bradford at 5.9% in the 1830s, and Dukinfield nearly tripled in size the 1820's. These were the fast-growing cities and towns in the industrializing north.
The British population…… [Read More]
A collective bargaining dispute was recently settled between Major League Soccer (MLS) and its players, on the eve of the 2015 season. The league had just finished averting a dispute with its officials, who formed a union in 2012, when the dispute with the players arose (Parker, 2014). The MLS Player's Union (MLSPU) and MLS had just seen their prior five-year deal expire, and the union was seeking more flexibility for its members. The structure of Major League Soccer is that the league owns all of the contracts for the players. The teams are franchises, and negotiate deals with the players, but ultimately the league has final say over player movements. This restricts the rights of the players with respect to free agency. Soccer players in Europe, where several leagues act as competitors with MLS for playing talent, players enjoy full free agency when their contract ends. In…… [Read More]
Maryland Labor Laws
A knowledgeable and well-trained human resources department in any organization is a very valuable asset due to the scope and importance of employment relations and the effects that those relations have on the profitability of that organization. New laws and regulations regarding employee relations appear often and the ability to manage these rules and regulations is mandatory if that business desires to be successful. The purpose of this essay is to explore a specific human resources issue and design a plan to address the problems that may arise from this issue.
This essay will examine the important circumstances that arise when dealing with employees with disabilities. The human resources plan presented in this example will address the issue of an introduction of new technology for employees who may experience physical limitations. Before detailing the plan, I will list and describe the federal and Maryland state laws…… [Read More]
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…… [Read More]
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.
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…… [Read More]
3408 Term 1 Coursework 2012-13
Law 3408 course work
Employers engage workers on either contracts of service or contracts for services. Therefore, any person engaged under a contract of service qualifies as an employee and enjoys full protection as per the employment legislation. In addition, a self-employed individual must possess a contract for services with the party for whom one offers their services. It is important for people to acknowledge their status whether they fall under the employed or under the self-employed (Sargeant and David, 2012). In Victoria's case, it is apparent that she does not have a written contract; or rather, a contract to indicate what terms she works under. This clearly verifies that Victoria does not fall under any category of employment because she lacks a contract.
Under the employment law, it is evident that if there is no contract between two parties (employer and employee),…… [Read More]
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…… [Read More]
Employment Law in Vietnam
Summary of Minimum Statutory Entitlements
Form of Contract
Data Privacy Legislation
The Mandatory Social Security Fund
Summary of Visa Requirements www.mayerbrownjsm.com
This booklet provides general advice only and should not be treated as a substitute for legal advice. While care has been taken to ensure that details are correct, no responsibility can be taken for losses arising from the reliance upon its contents. Should you have any speci? c questions please contact Dao Nguyen on +84 8 822-8860 or email at dao.- -- .
© 2008. Mayer Brown LLP, Mayer Brown International LLP, and/or JSM.
Mayer Brown is a global legal services organisation comprising
legal practices that are separate entities ("Mayer Brown Practices").
The Mayer Brown Practices are: Mayer Brown LLP, a limited liability partnership established in the United States; Mayer Brown International
LLP, a limited liability…… [Read More]
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…… [Read More]
During that time he was director of labour market policies, coordinated technical work in eastern Europe following the collapse of the erlin wall and was director of the ILO's Socio-Economic Security Program. In 1998-99, he served as a member of the transition team of the new Director General Juan Somavia. It would be fair to say that he knows the ILO inside out. Now Professor of Economic Security at the University of ath in the UK, he is well placed to reflect on the organization's potential and failings. (Standing)
Focus of the ILO
The roots of the ILO's current problems began in the 1970s, according to Standing, with the rise of economic philosophies that tended to view any kind of regulation as a 'market distortion'. It was not long before the ILO was seen as a symbol of an antiquated way of thinking. The U.S.A. actually pulled out from 1977…… [Read More]
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…… [Read More]
" (Turkstra, 2008)
VII. CHURCH & LAOR ALLIANCE ENDS
The alliance between labour and the church began to notably weaken and in 1921 the printers' strike in Toronto "was the final blow that ended the alliance between the churches and labour." (Turkstra, 2008) Turkstra states that this conflict centered around the Methodist ook Room and the refusal of the superintendent S.W. Fallis to agree to the demand of workers for a 44-hour workweek. This strike is stated to have caused "irreparable damage to the alliance between labour and the churches..." (Turkstra, 2008) the labour leaders had been willing to engage with the churches prior to the war because."..a complete rejection of the churches might have alienated potential supports. Also they would have recognized that church bodies and ministers were important models in the community and an alliance, therefore, would help put pressure on the government to pass legislation that was…… [Read More]
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…… [Read More]