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. (29 U.S.C. § 158: U.S. Code…...
mlaBibliography
29 U.S.C. § 158: U.S. Code - Section 158: Unfair labor practices (2012) Find Law. Retrieved from: http://codes.lp.findlaw.com/uscode/29/7/II/158/
Goldman, Alvin L. And Corrada, Roberto L. (2011) Labour Law in the U.S.A. Kluwer Law International, 4 Feb 2011.
Rice, William G. Jr. (1951) A Paradox of Our National Labor Law. Marquette Law Review. Vol. 34. No. 4. Spring 1951. Retrieved from: http://scholarship.law.marquette.edu/cgi/viewcontent.cgi?article=3301&context=mulr
The National Labor Relations Act (2012) Stewards Update. Retrieved from: http://home.earthlink.net/~local1613/nlra.html
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 fom 112…...
mlareferences to the laws themselves; useful appendices.
Guide to American law: everyone's legal encyclopedia. (Ref KF156.G77 1983) & Annual Supplements. 1984. 12 v. Start with the subject index in v.12.
Kelly, M.A., Labor and industrial relations: terms, laws, court decisions... (Ref. KF3369.K45 1987)
American Directory of Organized Labor. (Ref. HD6504.A63 1992) describes "parent unions" with brief history & background of each
Grossman, J., The Department of Labor. (HD 4835.U4G76) 1973. Includes history of the Dept. And also brief descriptions of major laws administered by the Dept. And the subdivisions, which enforce them.
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…...
mlaReferences
About UFCW. (2011). Retrieved from http://www.ufcw.org/about_ufcw/how_we_work/index.cfm
Collective Bargaining FAQ's. (n.d.). Retrieved from http://clear.uhwo.hawaii.edu/CB-FAQ.html#Q1
Kroger. (n.d.). Retreived from http://www.thekrogerco.com/corpnews/corpnewsinfo_history.htm
National Labor Relations Board. (n.d.). Retrieved from http://www.nlrb.gov/
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
Gulf Business
Arab Emirates Embassy
Arab Emirates Embassy
Main Idea
UAE Labor Law Articles
New proposed labor law reviewed
Examines debate over labor law
Explanation of Labor ights in the UAE
Main Idea
Cabinet of Minister's esolution
Al Nowais (2014)
AL TAMMI & CO
Main Idea
Examines 2003 Amendment to Labor Laws
Examines emiritization as it realtes to labor law in the UAE
Examines disciplinary actions in UAE labor law
Main Idea
B
Daiija World
Oxford Business Group
Notron ose Fulbright
Geisel (nd)
Main Idea
A
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 Law
Geisel Ind)
UAE Civil Society
Khaleej
Main Idea
A
Provides thorough overview of UAE labor law
Examines the state contracts in labor law to assess person trafficking risk in the UAE
Examines civil society in the UAE…...
mlaReferences
UAE Labor Law (nd) Gulf Talent. Retrieved from:
www.gulftalent.com/repository/ext/UAE_Labour_Law.pdf
UAE Mulls New Labor Law for Private Sector (2013) Gulf Business. 17 Feb, Retrieved from: www.gulftalent.com/repository/ex
Labor Rights in the UAE (2015) United Arab Emirates Embassy. Retrieved from: http://www.uae-embassy.org/uae/human-rights/labor-rights
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 termination…...
mlaWorks Cited:
Mealey, L. (2010). Employment Laws Every Restaurant Owner Should Know. About Restaurants.
Parpal, M. (2012). How To Terminate Restaurant Employees. Food Service Warehouse.
Part-time Employees
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 qualify for the…...
mlaReferences
"Oregon State Laws Regulating Minimum Wage and the Payment of Wages." (2009). Oregon Bureau of Labor and Industries. Retrieved from http://www.oregon.gov/BOLI/WHD/index.shtml .
"The Fair Labor Standards Act." (2010). U.S. Department of Labor. Retrieved from http://www.dol.gov/compliance/laws/comp-flsa.htm .
Labor elations
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 for workers.…...
mlaReferences
Brudney, J.J. (2004). Isolated and Politicized: The NLRB's Uncertain Future. The National
Labor Relations Board in Comparative Context: Introduction. Comparative Labor Law & Policy Journal, 26(221), 221-260. Retrieved from http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1136&context=faculty_scholarship
Meyerson, H. (n.d.). If Labor Dies, What's Next? Retrieved March 28, 2015, from http://prospect.org/article/if-labor-dies-whats-next
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 was…...
mla3. Do you think management's reaction to employee interest in unionization differs if the employer already has a high union density among other employee groups?
Why should it make a difference, one way or another whether an employee in already in the Union, or decides to join the Union later. Management's primary focus should be on whether or not my Union employee is producing and turning a profit for the company.
"The NEA has existed since 1857 and the AFT since 1916, but teachers didn't have real influence until
Labor Laws
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 statutes and a…...
mlaWorks Cited
Befort, S.F. (2002). Labor and Employment Law at the Millennium: A Historical Review and Critical Assessment. Boston College. Retrieved July 14, 2013, from http://www.bc.edu .
Malek, J. (2013). Should labor unions be abolished? Helium. Retrieved July 14, 2013, from http://www.helium.com .
Zafonte, V. (2012). Falling Union Membership Shows Labor Laws Need to Change. The Heritage Foundation. Retrieved July 14, 2013, from http://www.myheritage.org .
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 the way…...
mlaReferences
____(2005) 14 Pointers to Help You Understand the Essentials of COBRA. IOMA's Report on Managing Benefit Plans.
____(2004) FLSA Interpreting the Rules of Change.. IOMA's Report on Managing Benefit Plans.
Bikoff, Laura (2004) 2004 COBRA Survey, Fewer Were Eligible, More Elected. Employee Benefit Plan Review 2004. pg 10
Bonnecaze, Randy (2005) Fair Labor Standards. Louisiana Contractor Vol 54 pp 39
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 staying competitive within…...
mlaReferences
Ella, John V. & Kaitfors, Nora. (April 20, 2009). Diagnosing employment law issues in the healthcare industry. The Hennepin Lawyer. Retrieved April 17, 2012 from http://hennepin.timberlakepublishing.com/article.asp?article=1327&paper=1&cat=147
LMP. (May 25, 2010) Kaiser Permanente and Coalition of Kaiser Permanente Unions reach Tentative Agreement for new Union Contract. Retrieved April 16, 2012 from http://www.bargaining2010.org/165/kaiser-permanente-and-coalition-of-kaiser-permanente-unions-reach-tentative-agreement-for-new-union-contract
Partnership. (April 16, 2012). L+M Partnership. Retrieved April 16, 2012 from http://lmpartnership.org/home
The Fair Labor Standards Act (FLSA), enacted in 1938, represents a cornerstone of labor law in the United States, setting forth a national minimum wage, overtime pay requirements, recordkeeping standards, and child labor regulations impacting full-time and part-time workers in the private sector as well as in federal, state, and local governments (U.S. Department of Labor, 2021). One of the Act's most significant aspects is the mandate of overtime pay for eligible employees who work more than 40 hours in a workweek. However, over time, some employers have engaged in practices aimed at flexing work arrangements to avoid the payment of overtime, raising questions about labor rights and the core intent of the FLSA.
To comprehend this phenomenon, it's essential to understand the FLSA's provisions related to overtime. Under the Act, non-exempt employees - typically hourly workers - must receive overtime pay at a rate of one and one-half times their…...
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 chairman elected…...
mlaReferences
Linda H (1995). Labor laws in the European Union. New York: St. Martin's
Press
Richard F & James M (1984) Role of the Unions. New York: Basic
Books
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 handled in…...
mlaWorks Cited
North Carolina Department of Agriculture and Consumer Services. Migrant Workers. Viewed on 9 Feb 2013. Retrieved from http://www.ncagr.gov/aglaw/migrant_workers.htm
North Carolina Department of Labor. Labor Laws. August 2011. Retrieved from http://www.nclabor.com/laborlaws.pdf
North Carolina Department of Labor. Verification of Work Authorization (E-Verify). North Carolina General Statutes Chapter 64, Article 2. Viewed on 9 Feb 2013. Retrieved from http://www.nclabor.com/legal/e_verify/E-VerifyStatute&Rules.pdf
United States Department of Labor. The Migrant Seasonal Agricultural Worker Protection Act (MSPA). Viewed on 9 Feb 2013. Retrieved from http://www.dol.gov/compliance/laws/comp-msawpa.htm
Employment-at-Will Doctrine
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,…...
mlaReferences
Governor's Office of Business and Economic Development. (2015). At-Will Employment and Wrongful Termination. Governor's Office of Business and Economic Development. Retrieved July 30, 2015 from http://www.business.ca.gov/StartaBusiness/AdministeringEmployees/EqualEmploymentOpportunityLaws/AtWillEmployment.aspx
Hameed, S. (2012). Lidow v. Superior Court: California Law Applies to Wrongful Terminations Claim by Officer of Foreign Corporation. Camada and Hameed Advocates. Retrieved July 30, 2015 from http://cabadahameed.com/?p=1130
Muhl, C.J. (2001). The Employment-at-Will Doctrine: Three Major Exceptions. Monthly Labor Review, 1(1), 3-11.
Office of Justice Programs. (2013). Electronic Communications Privacy Act of 1986 (ECPA). Office of Justice Programs. Retrieved July 30, 2015 from https://it.ojp.gov/PrivacyLiberty/authorities/statutes/1285
1. The impact of child labor on education and opportunities for children in developing countries.
2. The ethical implications of companies using child labor in their supply chains.
3. The role of government regulations in combating child labor.
4. The psychological and emotional effects of child labor on children.
5. The connection between poverty and child labor.
6. The historical roots of child labor and its prevalence throughout different time periods and regions.
7. The relationship between globalization and child labor.
8. The effectiveness of international organizations and initiatives in addressing child labor.
9. The intersectionality of child labor with other social issues, such as gender inequality and....
1. The Historical Roots and Evolution of Child Labor: An Exploration of Causes and Consequences
Trace the origins and development of child labor practices throughout history
Examine the social, economic, and political factors that have perpetuated child labor
Analyze the impact of industrialization, globalization, and social movements on the prevalence of child labor
2. The Ethical Implications and Human Rights Violations of Child Labor: Confronting Exploitation and Injustice
Discuss the ethical dilemmas posed by child labor and its violation of fundamental human rights
Examine the psychological, physical, and developmental hazards faced by child laborers
Evaluate the role of international conventions and....
Lesser-Known but Interesting Essay Topics on Code of Ethics for Supply Chain Management
1. The Ethical Implications of Artificial Intelligence (AI) in Supply Chain Management
Explore the ethical considerations surrounding the use of AI in automating supply chain processes, such as decision-making, inventory management, and supplier selection.
2. Ethical Supply Chain Management in the Era of Globalization
Examine the challenges and opportunities in maintaining ethical practices in global supply chains, considering issues of cultural diversity, labor laws, and environmental standards.
3. The Role of Blockchain Technology in Enhancing Ethical Supply Chains
Investigate the potential of blockchain technology to ensure transparency, traceability, and accountability....
Labor Unions: Uniting Workers for Collective Empowerment
Labor unions have played a pivotal role in shaping the modern workforce, empowering workers to collectively bargain for better working conditions, wages, and benefits. Through their advocacy efforts, unions have been instrumental in establishing crucial labor laws and safeguarding workers' rights. However, their impact extends beyond the economic sphere, fostering a sense of solidarity and community among members and contributing to broader social and political change.
The Historical Role of Labor Unions
The origins of labor unions can be traced back to the early days of industrialization, when workers faced rampant exploitation and unsafe working conditions.....
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now