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What do you believe are the benefits to being an employee of a company vs. A contractor? Which would you prefer to be? Why?
The benefits of being an employee include the right to self-organization, to bargain collectively, or form a labor organization (Carrell & Heavrin, 2007). Employees have pre-determined work days and duties under the leadership and direction of the employer and are not required to incur costs or make investments in the work they produce. Typically, only general education and experience is required, with some employers paying for additional training and specializations. All income, Social Security and Medicare taxes that fall under the Federal Insurance Contributions Act (FICA) are handled by the employer (Strawson, 2003) For most employees, there are also employer contributions made to pensions and other retirement plans, health and disability insurance for self and family members, and unemployment compensation after a lay off…
Carrell, M.R., & Heavrin, C. (2007). Labor relations and collective bargaining: Cases, practice, and law (8th ed.). Upper Saddle River, NJ: Prentice Hall.
Fleck, L.M. (2011). Just Caring: Defining a Basic Benefit Package. Journal of Medicine & Philosophy, 36(6), 589-611
Unions give security of jobs and prevent a worker from being sacked without a good reason. It teaches the workers of their rights and prevents them from being oppressed by their workers. Unions provide improved working conditions for the workers. If the workers are working in a hazardous environment, it provides them with all the necessary clothing and gadgets that can prevent them from being harmed. Unions allow workers to claim compensation for any injuries sustained during work. Workers in a unionized environment receive better health benefits and are given time to go on vacations. Those in nonunionized environment lack such benefits. Unions give employees the right to strike and picket when oppressed by the employers Gottfried, 1992()
Disadvantages of labor movement
The disadvantage of labor unions is that the individual voices of employees are lost. The elected members of the unions negotiate for all employees as a whole. Employers…
Cornwell, B., & Harrison, J.A. (2004). Union Members and Voluntary Associations: Membership Overlap as a Case of Organizational Embeddedness. American Sociological Review, 69(6), 862-881.
Dixon, M. (2010). Union Threat, Countermovement Organization, and Labor Policy in the States, 1944 -- 1960. Social Problems, 57(2), 157-174.
Gottfried, H. (1992). The Impact of Skill on Union Membership: Rethinking Gender Differences. The Sociological Quarterly, 33(1), 99-114.
Krinsky, J., & Reese, E. (2006). Forging and Sustaining Labor-Community Coalitions: The Workfare Justice Movement in Three Cities. Sociological Forum, 21(4), 623-658.
What changes are needed for unions to maintain support from their membership, the community, and the employers?
In order to maintain support from their membership, the community, and the employers, unions have decided to change the dynamics of organizing by changing the environment and conditions where organizing occurs. They have become conversant with the idea that when the employers decide to use the entire 'arsenal' at their disposal, it becomes impossible for unions to win organizing campaigns. Their organization is basically pegged on employer mistakes hence union's insistence that laws have to be changed.
Unions are fighting hard to influence behavior and attitude of employers with regards to collective bargaining. Using corporate campaigns, they try to prevail on companies to deal fairly and equitably with unions. Corporate campaigns involve exerting pressure on financial backers to discourage employer resistance to union organizing. This is primarily used during contract negotiations.…
Anonymous. (2012). Generation Y: the millennials ready or not, here they come. Retrieved August 22, 2012 from http://www.scribd.com/doc/2607132/GENERATION-Y-THE-MILLENNIALS .
Blewett, M.H. (1988). Men, Women, and Work: Class, Gender and Protest in the New England
Shoe Industry, 1780-1910. Urbana, IL: University of Illinois Press.
Feinstein, F. (2005). Renewing and maintaining union vitality: new approaches to union growth.
Prescription coverage is one of the most difficult features of medical coverage to find in the private market, and is also one of the most expensive. The deductible and percentage coverage of the new medical plan described in the case study is certainly reasonable for the employees, and the savings to the company will allow their continued operation. If the company fails, the employees will not be receiving any medical coverage through the company; not only does management have the right to make this change, but it is one of the most cost effective and reasonable steps they can take to ensure the continued employment -- and medical coverage -- of their labor force. Ultimately, the issues comes down to one of contractual obligations, and given the vagueness in the contract concerning medical coverage there is nothing to prevent management form making this change.
Another major component of the current…
Steps in preparing for first round of bargaining with the union
In preparing for the first round of bargaining with the union would be to review the proceedings from previous negotiations with the company or other companies. In reviewing the minutes or notes available from previous negotiations, the managers of the company will be able to analyze the arguments being presented by the union to determine whether they were covered in previous negotiations or not. They will be able to review the minutes of past negotiations to find tactics, concessions, timings and gains and this can be a predictor of the upcoming union negotiations. This is the time when settlement agreements are reviewed and where written commitments were made, these are also analyzed to see how they proceeded. The managers will also be able to determine whether they have been able to keep their end of the bargain…
Bagwell, K., & Staiger, R.W. (2011). What Do Trade Negotiators Negotiate About? Empirical Evidence from the World Trade Organization. The American Economic Review, 101(4), 1238-1273. doi: 10.2307/23045898
Busch, M.L., & Krzysztof, J.P. (2010). The Politics of Judicial Economy at the World Trade Organization. International Organization, 64(2), 257-279. doi: 10.2307/40608015
Chen, H., Kacperczyk, M., & Ortiz-Molina, H. (2011). Labor Unions, Operating Flexibility, and the Cost of Equity. The Journal of Financial and Quantitative Analysis, 46(1), 25-58. doi: 10.2307/23018516
Dawkins, C. (2010). Beyond Wages and Working Conditions: A Conceptualization of Labor Union Social Responsibility. Journal of Business Ethics, 95(1), 129-143. doi: 10.2307/40784943
The Potential Conflict egarding Employment Production Standards
Production standards have been a point of contention between employers and employees for many years, as both parties have legitimate, but potentially conflicting interests. Looking at both sides will demonstrate the different perspectives.
The primary role of a business is to make money for the owners, which include the shareholders. Employers may be the owners or the agents that act for the owners, so they have a responsibility to ensure efficient use of resources to create a profit. One of controls is the use of production standards; if production of employees can be increased this is a more efficient use of staff and the cost of production for each unit will decrease, as the same employees are doing more (Sloan and Whitney, 2010). If the employees production levels decrease, and employees do less work or achieve lower levels of output, the…
Buchanan, D; Huczynski, A, (2010) Organizational Behavior, Harlow, FT/Prentice Hall
Sloane, A. A; Witney, F. (2010). Labor relations (13th ed.). Upper Saddle River, NJ: Prentice Hall.
Automation in the Workplace
Technology has changed the workplace with the potential to automat many processes. The jobs which have been impacted may be seen in many industries. Initially, automation was seen as impacting on manufacturing, where the creation of robots to undertake many of the manufacturing process as seen as having the potential to eliminate almost all manual manufacturing jobs (Sloane and Witney, 2010). These were over estimates, as problems have meant that although robots may be used extensively, they have not been able to replace all manufacturing jobs. However, automation is not simply the use of robots, it is any process that ay be automated. Other jobs that have been impacted can be seen where there is the prudential for computers or computer control process to take over from human processes (Sloane and Witney, 2010). Jobs such as dock workers have been reduced due to the…
Buchanan, D; Huczynski, A, (2010) Organizational Behavior, Harlow, FT/Prentice Hall
Sloane, A. A; Witney, F. (2010), Labor relations (13th ed.). Upper Saddle River, NJ: Prentice Hall.
Labor Relations Manager Interview Synopsis
Labor relations can be defined as the study of managing employees who are under the union. This division is normally found in the Human Resource area and mainly complies of the history of labor, the union involved, and contracts that have been signed. Labor regulations are normally regulated by law or sometimes traditions. Labor relations can be termed as the relation between workers and management on their working conditions. Some companies have managed to avoid the unions meaning they don't have a labor office. General Motors is a unionized company, and an interview with the labor relations was a success. The officer had a lot to say about the labor relations office.
In order for a company to maintain the excellence of life work for its members of staff, the organization should look into their grievances. This can enhance the work performance which would lead…
All these 'Best Practice' strategies are allocated and implemented by the management with the help of the workers Union because the Unions negotiates with the management during the establishments of code-of-conduct or rule-of-working. The effects of unions on the organizations can be summarized as improvement innovations, quality of work, reduction of production costs and increase in productivity, improvement in opportunities for investors, improvement of workers training facilities and an increment in job creation processes of organization. (Secord, 2003)
Are unions still relevant in the United States?
Unions face opposition from both the workers and management. In some cases, workers complain of tyranny of Union representatives. Often well-educated and skilled workers prefer not to be a part of workers union and union is slowly becoming the representing unit of unskilled and less educated workers. With the implementation of ight-To-Work Laws, the membership levels of union are also decreasing. Some…
Holley, William H; Jennings, Kenneth M; Wolters, Roger S. (2008) "The Labor
Relations Process" Cengage Learning.
Jones, Brent. (2008) "United Steelworkers, Arcelor Mittal reach agreement"
USA Today, p. 6.
Dr. Theresa Bowen
BUS405- Labor relations
The Ford Motor Company is one of the leading multination organizations in the production of the auto motors. Based in Dearborn, Michigan in America, the organization manufactures vehicles and purchases to other available customers all over the world. Ford Henry established the Ford firm in the year 1903, June 16. The Ford organization branded with the unique brand hence purchasing its products worldwide. In the recent years, the Ford organization specialized in the manufacturing of the heavy tractors and trucks. The firm also provides automotive components sold to people owning cars hence need spare parts (Colaprete, 2007). Currently, Ford firm acquires most of its income through the purchase it is of the manufactured cars and sales of the spare parts. However, the most recognized aspects of Ford organization is the strategic management and interrelation that exists between the…
Dowling, P., Festing, M., & Engle, A. (2010). International Human Resource Management, 5th ed. Mason, OH: Cengage Learning.
Colaprete, F.A. (2007). Internal investigations: A practitioner's approach. Springfield, Ill:
Charles C. Thomas, Publisher.
Carroll, A.B., & Buchholtz, A.K. (2010). Business & society: Ethics and stakeholder management. Mason, OH: CL-South-Western Cengage Learning.
Determination of Supervisory Status
In another case, five docking captains employed by Pacific Coast Docking Pilots sought to unionize with a secret vote of five to zero being entered in favor of adopting the union as the bargaining agent for these docking pilots with the company. Pacific Coast Docking Pilots refused to recognize the union as the legal bargaining entity, claiming that the docking pilots were not employees but were actually supervisors as defined by the Labor-Management Relations Act. As such, the docking pilots would not be eligible to form a collective bargaining unit with the protections of the Act and the National Labor Relations Board. The union field an unfair labor practices grievance against the employer and won a summary judgment, which was then appealed by the employer with the above arguments cited as a reason. Determining whether the docking pilots are actually supervisors is not as simple as…
However, his request was denied. His commanding officer explained that his letter did not provide sufficient evidence that Nguyen was likely to engage in homosexual acts, and therefore did not constitute a reason for separation (Prince, 2002).
United States Navy hospitalman, oy Hill, endured a similar scenario. He too came out to his commanding officer, in a letter. However, his commanding officers stated that "homosexual conduct is grounds for separation only if the commanding officer has received 'credible evidence of such conduct'" (Prince, 2002).
Although some gay servicemen have been discharged since the United States went to war in Iraq, cases such as Nguyen's and Hill's show that this is not always the case. Not only are military commanders not accepting simply a statement of homosexuality as proof, but also they are relying on the "for the good of the service" loophole to retain homosexual service members as well. As…
Dahir, M. (Feb. 2003). Prospect of war exposes hypocrisy of 'Don't ask, don't tell'. Lesbian News, 28(7). Retrieved February 21, 2005, from Academic Search Premier database.
Don't ask, don't tell. (15 Feb. 2005). Retrieved February 21, 2005, at http://en.wikipedia.org/wiki/Don%27t_ask_don%27t_tell .
Don't ask, don't tell takes a break for war. (May 2003). Contemporary Sexuality, 37 (5). Retrieved February 21, 2005, from Academic Search Premier database.
Prince, C.J. (26 Nov. 2002). Don't ask, don't tell, don't go. Advocate, (877). Retrieved February 21, 2005, from Academic Search Premier database.
" The "financial support" clause of Section 2 does not appear to have been broken, since the employer is allowed to confer with the employees on company time. The only point of question is the direct management participation in the committee. This could be interpreted as being more than conference. The employee committees, in order to fulfill the criteria of Section 2, would have to be comprised strictly of employees. These employees would then be able to conference with management, but management would not be considered an active participant or a voter in these committees. However, in an architecture firm where all employees are professional and projects are often completed collaboratively, the union's dogmatic schism between "labor" and "management" is probably anachronistic. In that type of business, those definitions are more fluid, such that "management" on the committees may not be any different from any other employee in many aspects…
National Labor Relations Act, Section 8a. Retrieved February 24, 2013 from http://everything2.com/title/National+Labor+Relations+Act%252C+Section+8%253A+Unfair+labor+practices
XYZ Senior Management
The isks and ewards of an Organized Workforce
The United States is one of the least unionized countries among developed nations (Brown & Warren, 2011). Germany, Canada, and Norway have workforces that range between 20 to over 50% unionized, but in the U.S. just 10% of the workforce was unionized in 2007. The American economy is considered one of the most robust in the world, so maybe there are several economic disadvantages to having a unionized workforce. This memorandum will address this issue and discuss any limitations to what management may say or do during labor organizing activities.
isks and ewards from an Organizational Perspective
Brown and Warren (2011) provided an overview of the historical progression of organized labor in North America, paying special attention to the U.S. labor market. Their orientation is from a human resource management perspective, so their main interest is in…
American Rights at Work. (n.d.). Why stronger penalties are needed. Retrieved from http://www.americanrightsatwork.org/index.php?option=com_content&task=view&id=334&Itemid=93 .
Brown, T.C. & Warren, Amy A. (2011). Performance management in unionized settings. Human Resource Management Review, 21(2), 96-106.
Chintrakarn, P. & Chen, Y. (2011). Do unions impact efficiency?: Evidence from the U.S. manufacturing sector. Contemporary Economic Policy, 29(3), 431-440.
Human Rights Watch. (2007). Discounting rights: Wal-Mart's violation of U.S. worker's right to freedom of association. Human Rights Watch, 19(2), 1-211. Retrieved from http://www.hrw.org/reports/2007/04/30/discounting-rights .
1 that in the event of a layoff, the employer must lay off individual employees in reverse order of seniority, provided that the remaining employees have the skill and ability to do the job required. However, this could alienate younger workers from becoming members of the union, particularly since Section 8.2 reads that employees will be recalled in order of seniority (provided that they have the skill and ability to do the job required). This could, within the union, result in charges of age discrimination and ultimately undermine the union's power in the workforce.
According to Article 10 regarding bereavement leave, 10.1 stipulates that bereavement leave shall be granted over the course three regularly scheduled consecutive workdays' leave without loss of regular pay and benefits, in the case of the death of a member of the immediate family. However, the consecutive nature of this may be questionable -- a worker…
This is particularly since Section 8.2 reads that employees will be recalled in order of seniority provided that they have the skill and ability to do the job required.
At present, the Maple Leaf Company, along with the union, was forced, during the first round of negotiations the parties was forced to set aside the issues of contracting out and technological change. It might, if so much control was wrested away from its employment hiring in firing, forcing it to sacrifice quality at the expense of seniority, in order to stay afloat in the industry, feel a need to do so, as doing so will give itself more choice regarding the hiring and firing of quality employees. Such issues have been set aside to temporarily reach an agreement, but this does not mean that the issue will not come to the forefront later on, even though such issues bracketed for…
" The status of the union is not uncalled-for. Making the remuneration impasse worse, strategies fostered by unions have attempted to keep going the idea that "a teacher is a teacher." (Koppich, 2005) emuneration packets have been futile to appreciate that there are certain teaching assignments which are comparatively demanding than others or the fact that some teachers have more skills in comparison to others. (Koppich, 2005)
In effect, as a result of the absence of competition and perks for excellence, teacher unions have a monopoly relating to government schools. (Haar, 1998) n the process of attempting to shield their domination, school district union employees spend majority of the resources at their disposal to lobbying as well as collective bargaining. The NEA and AFT stand for the sole unions that the teachers may prefer to enroll. (Julka, 2004) egardless of the historical competition between the NEA and the AFT, they…
Campbell, Jim; Kyriakides, Leonidas; Muijs, Daniel; Robinson, Wendy. (2004) Assessing
Teacher Effectiveness. RoutledgeFalmer.
Erskine, Roger; Urbanski, Adam. (2000) School Reform, TURN, and Teacher Compensation.
Phi Delta Kappan, Vol. 81, No: 3; pp: 53-56
The modern working environment has been characterized by numerous changes including demographic changes and increased diversity of the workforce. These changes are attributable to various factors including rapid technological advancements and globalization. In light of these changes, different countries have adopted different labor relations processes depending on the characteristics of the workforce. This paper examines labor relations processes in several European Union (EU) countries and the United States. The similarities and differences in labor relations processes between these countries are discussed as well as outcomes from different approaches in labor relations. Additionally, a good model and bad model of labor relations are also discussed in this paper.
The United States and German labor relations processes utilizes elements of codetermination, which refers to an institutionalized employee voice with which employees engage in workplace decision-making (Budd, 2017). However, in the U.S., employees can determine whether to be represented by a trade union…
Budd, J.W. & Colvin, A.J.S. (2007, May 10). Improved Metrics for Workplace Dispute Resolution Procedures: Efficiency, Equity, and Voice. Retrieved from University of Minnesota website: http://jbudd.csom.umn.edu/RESEARCH/buddcolvin.pdf
Budd, J. W. (2017). Labor Relations Strategies (5th ed.). Dubuque, Iowa: McGraw Hill Education.
Coe, R. (2014, February 20). Labor Relations in the U.S. and Germany. Retrieved April 21, 2018, from https://www.aicgs.org/2014/02/labor-relations-in-the-u-s-and-germany-volkswagen-chattanooga/
Thus, in this country the government has procured labor relations so that it "should not attempt to interfere with market forces by fixing the terms of employment…" (Aaron, 1982, p. 1254). It attempt to keep a free market, in which individuals can capitalize off of the labor for others without suitably compensating them, or providing the aforementioned benefits that Europe does for its workers, encourages the continual prosperity of the government and the huge, multinational corporations that keep its economy thriving. However, the workers are the ones who are capitalized on -- which goes a long way towards supporting Aaron's argument that labor relations in this country are inferior to those of Europe, especially for the common worker.
After critically examining Aaron's argument, there are several points one can find in it that suggest that labor relations are better in Europe than in the America. One is the perception of…
Benjamin, a. (1982). "Labor relations law from the United States from a Comparative perspective." Washington and Lee Law Review. 39 (4): 1247-1265.
Sinclair, U. (1981). The Jungle. New York: Bantam Classic.
Labor elations and Unionization
Labor relations have emerged as an important element in the work environment since they help determine labor practices. egardless of the industry or market where they operate, organizations are required to have policies that contribute to fair treatment of employees as part of ensuring effective labor relations. While organizations and employers understand the significance of effective labor relations, some of them do not ensure suitable labor policies and practices for employees, which results in significant challenges. This tendency has contributed to the emergence of labor unions that adopt various measures and approaches towards promoting effective labor practices and relations in the work environment. The unions utilize the various measures including collective bargaining based on the provisions of The National Labor elations Act.
It has been said that "a company that deserves a union gets one," suggesting that if proper leadership and motivation techniques are employed and…
Anderson, A., MacDonald, E.S. & O'Reilly, J.F. (2012, July). Impasse Resolution in Public
Sector Collective Bargaining -- An Examination of Compulsory Interest Arbitration in New York. St. John's Law Review, 51(3), 453-515.
Asper, A.C. (2001, November 22). Role of Government in Improving Industrial Relations.
Retrieved April 22, 2015, from http://www.ffw.org.ph/bin/DEPARTMENTS/PSI%20UPDATES/Role%20of%20government%20in%20improving%20industrial%20relations.pdf
HM Employee and Labor elations:
Target Company is one of the several companies that have continued to enjoy huge profitability in the market despite being without unionized employees. Actually, the firm has continued to enjoy a reputation that is similar to that of Wal-Mart stores as an antithesis. The company enjoys a reputation as a replica corporate organization that sells the latest trends in cheap chic. Unlike Wal-Mart, Target Company offer competitive wages to its workers and benefits that are considered to be relatively better. In its store in Valley Stream, New York, Target has usually focused on developing trust between managers and employees in attempts to avoid employee unions. Actually, none of the firm's 1,755 stores in America has unionized employees because of the increased emphasis in building the relationship and trust between managers and its workers.
Working Conditions that have Provoked Employee Attention:
As an employee in this…
Cooke, S. (2009, January 31). How to Start a Union in Ten Steps. Retrieved July 18, 2012, from http://www.pej.org/html/modules.php?op=modload&name=News&file=article&sid=7592
Geller, M. & Wohl, J. (2011, June 17). Target Employees at NY Store Vote on Union. Retrieved July 18, 2012, from http://www.reuters.com/article/2011/06/17/us-target-union-idUSTRE75G50C20110617
Greenhouse, S. (2011, May 23). Union Effort Turns Its Focus to Target. Retrieved July 18, 2012,
After World War I, the Soviets evolved their own labor relations model, in which the employees were motivated and encouraged by the unions to work hard for increasing the production activities, the union introduced and promoted industrial discipline which was responsible for the unprecedented rise in the production activities. The unions played a crucial role and responsibility of the 'transmission belt' as per the guide lines of the Communist Party, the purpose of the exercise was to ensure 'a loyal and willing following' (ichard, 1991). After the formation of Yugoslavia at the end of World War II, another theoretical model of labor relations evolved which was based on the concept of self-management. As per the model, the 'unions function much less as a transmission belt for the party than in the Soviet model' (ichard, 1991). The model made the union experience severe stress, although the production activities were on rise,…
Hans Slomp. Labor Relations in Europe: A History of Issues and Developments. New York, Greenwood Press, 1990
Richard E. Dwyer. Labor Relations: A History of Issues and Developments. Monthly Labor Review
Bert Essenberg. Labor relations in a changing industry. International Labor Office Publications. 1999
Y. Suzuki. Deregulation of road freight transport: Labor implications. International Labor Office Publication. 1996
1. The National Labor Relations Act ensures workers’ right to strike, especially in sections 7 and 13. Section 13 is most explicit about the right to strike, asserting, “Nothing in this Act, except as specifically provided for herein, shall be construed so as either to interfere with or impede or diminish in any way the right to strike, or to affect the limitations or qualifications on that right,” (National Labor Relations Board, n.d.). However, there are limitations on the right to strike. Not all collective bargaining agreements between labor unions and management will include provisions protecting the right to strike, and this is especially true for industries with services deemed essential. Strikes are legal when the workers affirm a clear purpose for striking; in other words, strikes cannot be arbitrary. The timing of the strike must also be relevant and as non-disruptive as possible. Workers should absolutely continue to have…
Eastlund, H. (n.d.). Labor-management relations. PA Times. Retrieved online: http://patimes.org/labor-management-relations-return-collaboration/
Fossum, J. (2012). Labor Relations. 12th Edition. Kindle Version.
National Labor Relations Board (n.d.). The right to strike. Retrieved online: https://www.nlrb.gov/strikes
Pope, J.G., Bruno, E. & Kellman, P. (2017). The right to strike. Boston Review. Retrieved online: http://bostonreview.net/forum/james-gray-pope-ed-bruno-peter-kellman-right-strike
Reed, J. (n.d.). Arbitration in labor disputes. Retrieved online: https://www.calpelra.org/pdf/Reed,%20Jeff.pdf
Schneider, T.J. & Stepp, J.P. (1998). The evolution of U.S. labor-management relations. Retrieved online: http://www.restructassoc.com/case/06.pdf
“Using Arbitration to Resolve Legal Disputes,” (n.d.). Find Law. Retrieved online: http://adr.findlaw.com/arbitration/using-arbitration-to-resolve-legal-disputes.html
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…
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.…
Freeman, R. (1996). Solving the new inequality. Boston Review. Retrieved April 13, 2007 at http://bostonreview.net/BR21.6/freeman.html
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
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…
(n.d.). HR and Employment Law Hot Topics Index. National Labor Relations Act (NLRA) - HR Topics for human resources. Retrieved September 19, 2016, from http://topics.hrhero.com/national-labor-relations-act-nlra/#
(n.d.). LII / Legal Information Institute. National Labor Relations Act (NLRA) - Wex Legal Dictionary / Encyclopedia - LII / Legal Information Institute. Retrieved September 19, 2016, from http://www.law.cornell.edu/wex/national_labor_relations_act_nlra
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/
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…
Employee rights. . (2011). National Labor Relations Board (NLRB). Retrieved February 22,
2011 at http://www.nlrb.gov/rights-we-protect/employee-rights
FAQ. (2011). National Labor Relations Board (NLRB). Retrieved February 22, 2011 at http://www.nlrb.gov/faq/nlrb
National Labor Relations Act. (2011). National Labor Relations Board (NLRB). Retrieved
Functions of labor relations office
The responsibilities of the labor relations manager
In this paper, I present an interview that I conducted with the Labor elations Officer/Manager within the Human esource department of our company. The aim of this interview is to reveal the real world the functions performed by labor relations.
Summary of the interview
My interview with the labor relations officer revealed to me several things on the functions of the labor relations department. Good labor relations are a recognizable as well as a legitimate part of a given organization. A good labor relation involves a rather complex relationship between several people, organizations as well as other organizational variables.
Functions of labor relations office
According to the interview the labor relations office is mandated with the coordination of activities with workers in their formal as well as informal groupings. This includes aspects such as trade unions, representatives…
Frederickson, GH (1969).Conflict within and between Organizations . Administrative Science Quarterly
Vol. 14, No. 4, (Dec., 1969), pp. 595-606
Forbath, WE (1994)The Presence of the Past: Voluntarism, Producerism, and the Fate of Economic Democracy: [Commentary]Law & Social Inquiry Vol. 19, No. 1 (Winter, 1994), pp. 201-215
Kathleen A. Curran, KA (1990)The National Labor Relations Board's Proposed Rules on Health Care Bargaining Units Virginia Law Review Vol. (76) 1, pp. 115-164
1. Initial IBB Preparations.
2. Preparing with constituents.
3. Opening statements.
4. Identifying issues.
5. Developing a list of standards.
6. Identifying interests on each issue.
7. Identifying options for each issue.
6. Identifying the acceptable option.
8. Accepting the option as a tentative agreement. (Alfano, 1997)
During initial IBB Preparations the parties should choose a facilitators and the sharing of costs should be discussed. A plan should be laid out should an impasse occur and a schedule for meeting should be set as to time, place, and choosing someone to keep the minutes or record of the meetings. A list of standards needs to be developed for evaluation of proposed solutions for elimination of the unacceptable and toward finding the acceptable solution. The development of this list allows for the sharing of beliefs and better understanding each other
IBB Preparation Checklist
1. Employer and Union representatives meet to agree…
Alfano, John C. (1997) Maine Labor Relations Board April 1996 Revised: March 28, 1997
Advisory, Conciliation and Arbitration Service, 2000. Annual Report 1999 -- 2000. October.
Addison, J.T., and M.L. Blackburn, 1999. Minimum Wages and Poverty. Industrial and Labor Relations Review. 52 (3), April.
Osterman, P. (1994): How common is workplace transformation and who adopts it?, in Industrial and Labor Relations Review, 47(2), pp. 173-188
In 1981, President onald eagan fired many striking air traffic controllers employed by Federal Aviation Administration. In the face of various challenges confronting labor unions, the union membership drastically, continue to decline. Since support from political party has declined, many workers believe that union's ability to protect their interests has drastically declined, and thus, many private workers belief that it is no longer necessary to be union members.
oberts, (1997) argue that labor unions have faced hard times and sustained membership loss. The hard times ranging from diminishing influence of bargaining to the intense of global competition and technological changes.
Added to the political influence that contributes to the decline of the union, there are other external dynamics affecting labor unions. Globalization has been identified as the one of the external dynamic that has impact on the unions' strategies.
External Dynamics affecting the Labor Unions
One of the external dynamics…
ASHHRA (2010). The Workplace Multigenerational Strategies & Solutions for healthcare employers. American Society for the Administration of Healthcare Human Resources (ASHHRA)
Devinatz V.G.(2011). U.S. Trade Unionism Under Globalization: The death of Voluntarism and the Turn to Politics. Labor Law Journal. 62 (1).
Estreicher, S. (2010). Trade Unionism Under Globalization: The Demise of Voluntarism. Saint Louis University Law Journal .54: 415-426.
Griswold, D. (2010). Unions, Protectionism, and U.S. Competitiveness. CATO Journal. 30 (1): 181-196.
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.
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…
interview that they conducted with Labor Relations Ms. Sheila Brown, a Labor Relations Specialist who works with the U.S. government in Columbia, SC. The interview paper involved an interview where she answered questions and answers about her job so that the author could get a better understanding of her type of work. In addition to the interview, the project essay will begin with a literature review that will relate labor relations theory application that links to the actual job processes and/or functions. Then, we will relate the results of Ms. Brown's interview to gain real world insights into her profession and how it functions in the U.S. government. The literature review will give us an idea of how the discipline is different in the private sector.
Ms. Brown is officially known as a Labor Relations Officer/Manager (LROs) or Chief Human Relations Officer (CHRO). These terms can and are…
Ciccarelli, M.C. (2011). Trust at the top . Retrieved from http://www.hreonline.com/HRE/story.jsp?
Conaty, B., & Charan, R. (2010). The talent masters: Why smart leaders put people before numbers.
(1st ed.). New York, NY: Crown Business.
mployment and Labor Relations
The National Labor Relations Act of 1935 (or Wagner Act) protects the rights of most workers in the private sector of the United States to organize unions, to engage in collective bargaining over wages, hours, and terms and conditions of employment, and to take part in strikes and other forms of concerted activity in support of their demands. The Act does not, on the other hand, cover those workers who are covered by the Railway Labor Act, agricultural employees, domestic employees, supervisors, independent contractors and some close relatives of individual employers.
The Wagner Act established a federal agency, the National Labor Relations Board, with the power to investigate and decide unfair labor practice charges and to conduct elections in which workers were given the opportunity to decide whether they wanted to be represented by a union. The NLRB was given more extensive powers than…
Effective Communication of Laws, Regulations and Organizational Policies
An employee handbook (or employee manual) details guidelines, expectations and procedures of a business or company to its employees. Employee handbooks are given to employees on one of the first days of his or her job, in order to acquaint them with their new company and its policies. While it often varies from business to business, specific areas that an employee handbook may address include a welcome statement, which may also briefly describe the company's history, reasons for its success and how the employee can contribute to future successes. It may also include a mission statement, or a statement about a business' goals and objectives.
Orientation procedures usually involves providing a human resources manager or other designated employee completed income tax withholding forms, providing proof of identity and eligibility for employment (in accordance with the Immigration Reform and Control Act of 1986), proof of a completed drug test (by a designated medical center) and other required forms. An area devoted to definitions of full- and part-time employment, and benefits classification also describes timekeeping procedures, such as defining a "work week." This area may also include information about daily breaks, for
Compounding that problem, Massey had also failed to properly vent the mine shaft of methane gas and coal dust. Forensic analysis suggests that methane gas and/or coal dust (both of which are highly combustible) were almost certainly responsible for the explosion. Moreover, the mine had been cited for fifty different MSHA violations in the moths before the explosion, of which no fewer than twelve related directly to the methane and/or coal dust venting issue. The mine had been cited sixty-eight times by inspectors for violations that were "high-negligence" category and three violations that were considered "reckless" disregard for safety considerations. In addition to the citations for methane and coal dust issues, the mine had also been cited specifically for its failure to maintain adequate escape pathways and to mitigate the risk of structural collapse.
Furthermore, the evidence in the case suggests that on the day of the explosion, the mine…
Union vs. Nonunion Environments Labor elations
Although non-unionized employees work in organizations, they are not members of any labor unions. The notion means that they are not represented by any work union at their workplaces. Conversely, unionized workers are engaged in certain unions that represent them at their workplaces. Such labor unions are pertinent because they serve as bargaining liaison. U.S. is among nations where both unionized and non-unionized workers are present. It is important to affirm that there are varied labor relations in these different working environments. The purpose of this paper is to compare the labor relations system in the U.S. and another country regarding union and non-union working environments. In this case, labor relations in India are compared to that of the U.S.A.
Evidently, India is among countries where labor unions are limited. There exists a difference in labor relations in both countries. As seen from the…
Holley, W., Jennings, K. & Wolters, R. (2011). The Labor Relations Process. New York: Cengage Learning
Lewin, D. & Kaufman, B. E. (2011). Advances in Industrial and Labor Relations. New York: Emerald Group Publishing
Future of Unions in Labor Relations
Unions came about from the struggles and pain that individuals had to go through early on in history. Unions were something that did not spring up overnight, but rather took a great deal of time to develop as individuals began working out for themselves what types of organizations would be the best to protect their rights and ensure that they could not be treated cruelly or unfairly by those that they worked for (Kearney, 2001). The right to collective bargaining took almost 200 years in the United States but today these rights are held in almost every country (Kearney, 2001).
For many years unions were thought to be very important in labor relations. At least, employees have thought so. Much of the opinions had by those who have had to deal with unions in a dispute situation have been less than tolerant of unions…
BBC News. (2004, March 1). U.S. grocery strike is finally over. Retrieved 7 March 2004 at http://news.bbc.co.uk/2/hi/business/3521601.stm
Bell, S. (1999, April 1). Union strategy, member orientation and union effectiveness: an exploratory analysis. Labour & Industry.
Kearney, R.C. (2001). Labor relations in the public sector. 3rd Ed. New York: Marcel Dekker, Inc.
Pritchard, J. (2002, September 30). As ships idle, longshoremen and shippers exchange threats. Ledger-Enquirer/Associated Press. Retrieved 8 March 2004 at http://www.ledger-enquirer.com/mld/ledgerenquirer/4181155.htm?template=contentModules/printstory.jsp
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
McCullough stated she was being disciplined because of her complaints regarding what she saw as the hostile work environment at Hyundai.
The court found that although McCullough may have acted in a vocal and confrontational manner as an employee, based upon the evidence presented, the specific rules she was accused of violating were not clearly worded. McCullough had met with her colleagues to discuss her feelings during lunch outings, not on company premises. She also addressed numerous complaint letters and emails to management, thus following through with the employee handbook's wording about the need to consult with a supervisor, regarding any difficulties. These complaints were ignored, by and large, which only lead to further escalation of McCullough's activities. Even McCullough's email policies were not specifically prohibited according to the handbook.
Although McCullough may not, based upon her description, seem like the model employee in terms of her social persona, it…
Hyundai America Shipping Agency, Inc. Vs. Sandra L. McCullough. (201). NLRB.
Retrieved February 27, 2011 at http://www.nlrb.gov/search/nlrbdocsearch/hostile%20work%20environment
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…
Norris-LaGuardia Act" Wikipedia. Retrieved at http://www.answers.com/topic/norris-laguardia-actAccessed 2 September, 2005
Taft-Hartley Labor Act" (2001-05) The Columbia Encyclopedia. Sixth Edition. Retrieved at http://www.bartleby.com/65/ta/TaftHart.html . Accessed 2 September, 2005
The NLRB: The Wagner Act of 1935" United States National Labor Relations Board.
Retrieved at http://www.stfrancis.edu/ba/ghkickul/stuwebs/btopics/works/wagner.htm . Accessed 2 September, 2005
Discuss the similarities and differences between at least three labor organizations discussed in Chapter 3.
The Knights of Labor was a standard labor union comprised of individual workers across the nation. They were inclusive in terms, employing both skilled workers in crafts industries as well as unskilled laborers such as coalminers. (Rayback, 1966, p. 168). They had limited political objectives such as the eight-hour workday and the prohibition of child and convict labor. Their broader objectives were social: to improve the image and social status of the working man.
The AFL was not a labor organization, but a federation of affiliated labor unions. (Dubofsky & Foster, 2004, p. 138). The AFL was exclusive, accepting skilled workers in crafts industries and skilled workers in industry. The AFL's goals were economic, they provided financial and political support for affiliated labor unions in contract negotiations with employers. (Dubofsky & Foster, 2004,…
Chaison, G. (2006). Unions in America.
Foner, P.S. (1997). History of the Labor Movement in the United States, Vol. 4: The Industrial Workers of the World 1905-1917.
Rayback, J.G. (1966). A History of American Labor.
Dubofsky, M. & Foster, R. (2004). Labor in America: A History.
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.
Baron, J.N., Jennings, P.D. & Dobbin, F.R. (1988). Mission control? The development of personnel systems in us industry. American Sociological Review, pp. 497 -- 514.
Bronfenbrenner, K. (1996). Role of union strategies in nlrb certification elections, the. Indus. & Lab. Rel. Rev., 50 p. 195.
Democratizing the Global Economy: Empowering Workers, Building Democracy, Achieving Shared Prosperity. (2005). [e-book] Available through: AFL-CIO http://www.aflcio.org/content/download/6904/74567/file/res_6.pdf [Accessed: 21 Feb 2014].
Lindsey, A. (1964). The pullman strike. Chicago: University Of Chicago Press.
"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…
Dorsey, James. "Study asserts that controversial gulf labor regime reduces global inequality." The World Post. 2014. Retrieved online: http://www.huffingtonpost.com/james-dorsey/study-asserts-that-contro_b_6131756.html
Motivations for Taking Up Union Office
The role of local union official is usually an unpaid position, even where compensation is offered it will be constrained; this indicates motivation for those who do take up the office is unlikely to be financial (Sloan and Witney, 2010). So why do people take up that office?
In a seminal study on the path to union leadership has indicated that several preconditions exist prior to an individual considering taking up union office. An individual will need to perceive themselves as having the suitable qualifications to stand for leadership, and will not stand unless they believe others to hold the same perception (Koziara et al., 1982). In most cases, the qualifications will include previous experience in union administration (Koziara et al., 1982), which itself indicates that standing for office is likely to be part of a progression. The same study also notes…
Buchanan, D; Huczynski, A, (2010) Organizational Behavior, Harlow, FT/Prentice Hall
Koziara, Karen S; Bradley, Mary I; Pierson, David A, (1982, Feb), Becoming a union leader: the path to local office, Monthly Labor Review, p44-46
Sloane, A, A; Witney, F, (2010), Labor Relations (13th ed.). Upper Saddle River, NJ: Prentice Hall
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…
"Arbitration panel rules in Favor of Spirit Airlines pilots in days-off conflict." Airline Industry Information, 18 March 2009. URL: http://www.allbusiness.com/labor-employment/labor-relations-labor/11818635-1.html .
Beam, Christopher. "Uncivil Union: Does card check kill the secret ballot or not?" Slate.com. 10 March 2009. URL: http://www.slate.com/id/2213352/ .
Craggs, Tommy. "King NBA: What's with the overpraise for pro-basketball commissioner David Stern?" Slate.com. 19 February 2009. URL: http://www.slate.com/id/2211157/pagenum/all/#p2 .
Epstein, Richard a. "Epstein: Mandatory Labor Arbitration." Washington Times. 24 March, 2009. URL: http://www.washingtontimes.com/news/2009/mar/24/mandatory-labor-arbitration/ .
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…
Foner, Eric. Give Me Liberty!: An American History. New York: W.W. Norton, 2004.
Gordon, Jerry. "The Taft-Hartley Act: Why the American Labor Movement Called it a "Slave Labor Bill. http://www.owcinfo.org/campaign/ILWU/Slave%20Labor%20Act.htm
Harry S. Truman." The American Presidency Project. http://www.presidency.ucsb.edu/ws/index.php?pid=12675
Taft-Hartley Act. http://en.wikipedia.org/wiki/Taft-Hartley_Act "Taft-Hartley Labor Act http://www.infoplease.com/ce6/bus/A0847620.html
Labor and Monopoly Capital
HAY BAVEMAN's book Labor and Monopoly Capital carries the tradition of Marxist schools. The author focuses on the labor process under the Fordism, arguing that how the work, under the discipline of scientific management, becomes disjointed, dull, and repetitive. According to him, the work is degraded. Like Marx, Braverman is a deterministic and looks into the question of how technological change in Fordism affected the attributes of work and the discrimination of working class.
The labor process under capitalism is one of the central themes of Braverman. Its main emphasis lies in providing a voice to the working-class movement. Taking his insights from Marx, Braverman is considered the latest follower that has accurately appreciated the profundity of Marx's work. Supporting his work from Marx himself, and drawing on his own experience as a trained craftsman, a socialist militant and journalist, and a manager of two publishing…
Harry Braverman, "Automation: Promise and Menace," The American Socialist, October, 1955, pp. 7-12.
Harry Braverman, "The World of Work," The American Socialist, June 1959, pp. 12-18.
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…
Cohen, J. (2015). MLS' CBA negotiations: Federal mediation, salary cap and steps toward free agency. Law in Sport. Retrieved April 5, 2015 from http://www.lawinsport.com/articles/item/major-league-soccer-s-collective-bargaining-negotiations-federal-mediation-salary-cap-and-steps-toward-free-agency
Parker, G. (2014). MLS hopes of growth, grandeur could be slowed by contract negotiations. Al Jazeera. Retrieved April 5, 2015 from http://america.aljazeera.com/articles/2014/4/18/mls-union-contract.html
Brenner, S. (2015). Will MLS players go on strike? The CBA dispute explained. The Guardian. Retrieved April 5, 2015 from http://www.theguardian.com/football/2015/feb/16/will-mls-players-go-on-strike-the-cba-dispute-explained
Carlisle, J. (2015). The details of Major League Soccer's new collective bargaining agreement. ESPN FC. Retrieved April 5, 2015 from http://www.espnfc.us/major-league-soccer/19/blog/post/2332341/the-details-on-major-league-soccers-new-collective-bargaining-agreement
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…
Author not available. "An Interview With Labor Lawyer and Author Tom Geoghegan." All Things Considered (NPR). 25 Oct. 1995.
Editors. "U.S. Union Membership." The Labor Research Association. 2002. 6 Dec. 2002. http://www.lraonline.org/charts.php?id=29
Geoghegan, Thomas. Which Side are You on? Trying to be for Labor When it's Flat on its Back. New York: Farrar, Straus & Giroux, 1991.
Lowery, James. "Do We Need Labor Unions in America?" Resources for Labor Union Organizing (RLUO). 2001. 6 Dec. 2002. http://union-organizing.com/edit.html
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…
Baldwin, R.E. (2002). The Decline of Us Labor Unions and the Role of Trade. Washington, D.C.: Institute for International Economics.
This book depicts the history of labor unions and tells us the circumstances under most of the labor unions declined. It tells us about the role played by labor unions in the past and what were their failures due to which they faced their decline. Besides this, it also relates the labor unions with trade.
Compa, L. (1993). Labor Rights and Labor Standards in International Trade. Law and Policy in International Business, 165-191.
Compa, in this article describes the problems that labor faces in many companies and how due to these problems many of the members of these unions leave their team. This article tells that it is imperative that labor unions should not involve in each and every matter of the company but should only involve in such matters where they think it is suitable.
Conflict, Debate or Struggle in the Contemporary U.S. Labor Movement
The work of utkowski and Dirkin (2010) reports that a kosher food company in Williamsburg is "locked in a battle with former workers who charge they were stiffed out of overtime pay - and then fired when they complained." The investigators for the National Labor elations Board is stated to have found that Flaum Appetizing Corporation "illegally booted the workers, and ordered the company to cough up around $260,000 in back pay." (utkowski and Dirkin, 2010) However, owner of the company, Moshe Grunhut is stated to have "refused to comply -- saying he won't' pay the workers because they're undocumented immigrants." (utkowski and Dirkin, 2010)
The methodology employed in this study is one of a qualitative nature that has involved a review of the literature in regards to case of failure to pay overtime on the part of Flaum…
Efrem, Maia (2010) Fired Workers Protest, Prepare for NLRB Hearing in Two-Year Union Fight. The Jewish Daily Forward. 4 Aug 2010. Retrieved from: http://www.forward.com/articles/129832/
Brandworkers Focus on the Food Chain Files Class Action Lawsuit Against Beverage Distributor. 1 February 2010. Brandworkers International. Retrieved from: http://www.brandworkers.org/en/news?page=1
Kosher Business Refuses to pay $250,000 in back wages to fired workers (2010) Workers of the World 27 Nov 2010. Retrieved from: http://www.iww.org/en/node/5278
Rutkowski, I and Durkin, E (2010) Kosher business refuses to pay $260,000 in back wages to fired workers. Daily News. 26 Nov, 2010. Retrieved from: http://www.nydailynews.com/ny_local/brooklyn/2010/11/26/2010-11-26_his_blood_sweat__tears_kosher_biz_refuses_to_pay_260g_in_back_wages
decision will need to be made about the future of each one. Each decision will be supported with an analysis of the situation using the relevant legal framework. In general, companies are allowed to terminate employees if the termination is part of a downsizing, which in this case it is. Naturally, however, the issue of severance will be raised, and must be taken into consideration for each of the employees in question. The format will be a discussion of each individual employee, his or her situation, but then the final decision about who to terminate and how will be conducted at the end of the report. The microbrewery is probably a qualified company, with at least 15 employees, or this discussion would not be taking place.
Employee #1 -- Mike illiams. illiams is a member of a protected group, being Asian. His performance has been above the median, which gives…
Department of Labor. (2012). Employee rights under the National Labor Relations Act. U.S. Department of Labor. Retrieved April 21, 2013 from http://www.dol.gov/olms/regs/compliance/EmployeeRightsPoster11x17_Final.pdf
Unions give lots of credit to workers who have seniority because unions are known for their wiliness to repay loyalty, for one thing. If a worker has been in a union for a lengthy period of time that shows dedication to the union and the company; and also it shows respect for the union leadership. According to journalist Gregory Hamel, gaining seniority in a union takes a long time, so workers may be "reluctant to quit their jobs because doing so might erase their seniority" (Hamel, 2012). A new hire in a union will receive a certain base pay rate, and a worker who has been in the union for five years would also receive that base pay rate "plus an additional amount based upon years of service" (Hamel, p. 1). Union workers with seniority may get more vacation time, and in the event of a layoff, new…
Hamel, G. (2012).How Is Seniority Important to a Union? Demand Media. Retrieved April
16, 2015, from http://smallbusiness.chron.com .
HR Council. (2011). Keeping the Right People / Performance Management. Retrieved April 16, 2015, from http://hrcouncil.ca .
Magloff, L. (2012). Compressed Working Seek Vs. Flextime. Demand Media. Retrieved April 16, 2015, from
Contrary to popular belief, improved performance by employees in a particular organization is not always linked to incentives; in today's dynamic business environment, it is crucial for human resource managers to balance the needs of individuals with those of the organization. One critical component that leads to good individual as well as organizational performance is the application of an effective performance management process. In fact, companies that invest in good performance management practices generally perform better than those that do not measure and manage their performance (Leeuw and Berg, 2010). According to Cardy and Leonard (2011), performance management can be defined as the integrated and strategic approach used by human resource managers to deliver successful results by improving the performance of all the individuals in the organization. It ensures that the goals of an organization are achieved in an efficient and effective manner, while at the same time maintaining good…
Cardy, R & Leonard, B. (2011). Performance Management: Concepts, Skills and Exercises. (2nd Ed.) New York, NY: Routledge
Leeuw, S & Berg, J.P. (2010) Improving operational performance by influencing shopfloor behavior via performance management practices. Journal of Operations Management Vol. (29)1 224-335. Retrieved 9 April 2015 from http://www.isihome.ir/freearticle/ISIHome.ir-21006.pdf
Riccio, S. (2014) Hudson College Scenario C: Performance Management. Society for Human Resource Management. Retrieved 10 April 2015 FOM https://www.shrm.org/Education/hreducation/Documents/Riccio_Hudson%20College_Scenario%20C_Student%20Workbook_FINAL.pdf
Stone, R.N. (2009) Achieving Results with a Performance-Centered Design Framework. Performance Improvement Vol. (48)5 37-44. Retrieved 10 April 2015 from http://search.proquest.com.proxy-campuslibrary.rockies.edu/docview/237234715/4155FCBF55844623PQ/1?accountid=39364
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.
America is a competitive place and many of the economic and social systems in place reflect this quality. Economically, capitalism and all of its market specific rules apply to the many working people in this nation as well. The purpose of this essay is to describe how labor unions are affecting these economic processes and how they can contribute to the greater conversation revolving around the economy and employment issues. This essay will describe a union election from the standpoint of a campaign manager of union candidate to express my personal feelings and strengths towards this analysis. The second part of this essay will address the GMFC case study and explain my actions with a philosophy on employee relations.
Corporations appear to have much of the political power in the country today as far as labor realations are concerned. Labor unions are dwindling in power every year as…
Griswold, D. (2010). Unions, Protectionism and U.S. Competitiveness. Cato Journal, 30 (1), Winter 2010. Retrieved from http://www.cato.org/sites/cato.org/files/serials/files/cato - journal/2010/1/cj30n1-10.pdf
US Department of Labor. Unions and Union Members. Viewed 2 Aug 2013. Retrieved from http://www.dol.gov/compliance/topics/unions-elections.htm
US Department of Labor. Conducting Local Union Officer Elections. Viewed 2 Aug 2013. Retrieved from http://www.dol.gov/olms/regs/compliance/localelec/localelec.htm
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…
Abrams, Jim (2009) House Approves Bill to Fight Wage Discrimination. Yahoo News. 9 Jan 2009. Online available at http://news.yahoo.com/s/ap/20090109/ap_on_go_co/pay_equity
Barko, N. (2000. June 19). The Other Gender Gap. (Online) Available http://www.prospect.org/archives/V11-15/barko-n.html .
Bland, T.S. (1999, July). Equal Pay Enforcement Heats Up. HR Magazine, p. 138-145.
Bland, T.S., Nail, T.N., Knox, D.P. (2000, May). OFCCP, White House push comparable worth. HR News, p. 22-24.
Labor and Union Case Study
The objective of this work in writing is to conduct a case study on labor and unions and to answer the questions of: (1) Is the grievance process an effective method for resolving workplace disputes? And (2) How would you suggest that unions and employers improve their ability to correctly interpret the collective agreement?
In the case study at focus, several employees have a discussion, which results in an altercation, and two employees are fired as a result. The employees were then advised that they could file a grievance. One of the employees, named Green met in the cafeteria with a representative of the Grievance Committee and related her side of the story and believed that by meeting with the Grievance Committee member that she had filed an official grievance. One week later the other employee, Swallows, was reinstated. When Green inquired about the grievance,…
Borrell, Charles A. (2006) How Unions Can Improve Their Success Rate in Labor Arbitration. All Business. Dispute Resolution Journal Feb-Apr 2006. Retrieved from: http://www.allbusiness.com/human-resources/workforce-management-hiring-recruiting/4081239-1.html
Travis, Mark C. (nd) Improving the Grievance Process: Grievance Mediation As An Alternative to Arbitration. Retrieved from: http://www.adrspecialists.com/docs/IMPROVING%20THE%20GRIEVANCE%20PROCESS%20-%20Grievance%20Mediation%20(IIRHRC).pdf