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charges of unfair labor practices by the union, their demand for recognition and bargaining rights, along with counterclaims made by the company. The union held an organizing meeting with janitorial workers of an apartment building and townhouse complex on December 5th. After obtaining signed authorization cards from 6 of 11 employees where one was already a member, a union organizer notified the company, requesting recognition and bargaining rights.
The company's supervisor, Larry Melton initiated a series of inquiries in an attempt to find out which employees had sent for the union organizer and signed authorization for union representation. Melton was fired on December 24 and replaced by Leo Nord. Over the next several weeks leading up to the representational election, the company offered a series of new benefits. On the morning of the election on January 30, Nord told an employee, Cecil Snow, that if the union won the election,…
American Bar Association (ABA). (2011). Unfair labor practice law and procedure. Retrieved June 30, 2011 from http://www.americanbar.org/content/dam/aba/migrated/labor/basics/nlra/papers/unfair_labor.authcheckdam.pdf
eNotes. (2011) Drug testing. Retrieved June 30, 2011 from http://www.enotes.com/everyday-law-encyclopedia/drug-testing-2
Lectric Law Library. (2011). Drug testing in the workplace. Retrieved June 30, 2011 from http://www.lectlaw.com/files/emp02.htm
National Center for Chronic Disease Prevention and Health Promotion. (2010). Alcohol and drug use. Retrieved June 30, 2011 from http://www.cdc.gov/healthyyouth/alcoholdrug/index.htm
Unfair Labor Practice for Company's Position
True or False: "The comment "We know about your little chat" would help management in a Wright Line test."
True or False: "If Jack's production numbers were higher than most, this data would support management in a Wright Line test." "
True or False: "Since this is an employment-at-will state and there is no union in place, management can legally terminate Jack without considering any Wright Line test results." "
True or False: "Jack had a right to tack the brochure to the bulletin board per standard organizing rules." "
True or False: "The union would see the comment "We're watching you" as an unfair labor practice under Section 8(a)1 of the NLA."
True or False: "Promoting Jack to supervisor in the last restructuring would have been a legal way to avoid his union participation." "
True or False: "The company can…
National Labor Relation Board (2015). Interfering with employee rights (Section 7 & 8(a)(1)). USA.
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
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' target='_blank' REL='NOFOLLOW'>
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…
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
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/ .
While cases such as that of Kukdong graphically illustrate the importance of CS and codes of conduct, anti-sweatshop activists continue to display considerable hesitation and equivocation as they wrestle with implementing CS in China. In the words of the late activist Trim Bissell of the Campaign for Labor ights, China has become a "planetary black hole" attracting global production with its cheap labor, but "the anti-sweatshop movement has been without a China strategy."9For example, in January 2000, the University of California (UC) announced that it would not allow any university-licensed products to be produced in countries that do no tallow freedom of association and collective bargaining, in effect banning products made in China (China and the American Anti-Sweatshop Movement (http://22.214.171.124/search?q=cache:MfmUl9ll5pwJ:laborcenter.berkeley.edu/globaleconomy/china_american.pdf+china+sweatshops+unions&hl=en&gl=us&ct=clnk&cd=9&ie=UTF-8)."
Efforts are underway to accomplish several things when it comes to China's sweatshops. The first thing that the union and labor leaders are demanding is that the world pay closer…
Frequently Asked Questions About Sweatshops and Women Workers
http://www.feminist.org/other/sweatshops/sweatfaq.html (Accessed 5-25-06)
US union to tour China factories (Accessed 5-25-06)
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
If the foundations of the NLA are to be supported, the illegal worker will need to be provided with the complete display of NLA solutions. With that said, the tension still remains.
Statistics do show that illegal aliens are accounting for 21% of the foreign born populace in the U.S. In 2000 with that amount snowballing to 30% by 2005(Abraham, 2002). With numbers progressively going up each year, a lot have started asking why. They want to know where are the immigrants coming from and why are there so many of them that are allowed to come into the nation. Statistics display that Mexico is the major distributor of illegal and legal immigrants (http://cis.org/illegal). Statistics show that more than half of the Mexicans that are living in the U.S. In the year 2000 were illegitimate (odriguez, 2006). By 2004, 10.5 million illegal and legal immigrants that were Mexican…
Foreign sourcing decisions under the duty to bargain under the nlra. (1973). The International Executive (Pre-1986), 15(1), 17.
Abraham, S.E. (2002). The supervisory exclusion under the NLRA: Has the Supreme Court gone too far? Working USA, 6(1), 77-77.
Cimini, C.N. (2008). Ask, don't tell: Ethical issues surrounding undocumented workers' status in employment litigation. Stanford Law Review, 61(2), 355-415.
Delaney, J.T., Lewin, D., & Sockell, D. (1985). The NLRA at fifty: A research appraisal and agenda. Industrial & Labor Relations Review, 39(1), 46-46.
But when it just recently occurred in 2004 at a store in Jonquiere, British Columbia, the reader must appreciate that a real battle had been won. The original efforts of that particular store for example had the local labor Commission reject certification by a margin of 74 to 65. When the union announced that it won the coveted certification at Quebec, it was quite a blow to the retailer. The Quebec Labour elations Commission issued the order certifying the United Food and Commercial Workers Union (UFCW) as the bargaining agent of employees in Wal-Mart's store in Jonquiere. As noted, the reason a victory of this magnitude is huge is because of the policies and tactics used by Wal-Mart. The retailer works diligently to prevent its workforce from engaging in any collective action and they have consistently shown that they are willing to cross the line to guarantee their position.
Baek, Seung Wook. (2000.) "The Changing Trade Unions in China." Journal of Contemporary Asia: March.
Budd, John W. (1994). "The Effect of Multinational Institutions on Strike Activity in Canada." Industrial and Labor Relations Review.
Corbett, Brian (2002). "Southern hospitality." Ward's Auto World, August.
Delsohn, Gary. (1997.) "UPS Strike May Revive American Labor Movement." Knight Ridder/Tribune Business News: Sept.
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
The CBA is good for a set period of time, and the union watches the employer to make sure the employer carries out the contract. If a union thinks an employer has violated the CBA, the union can file a complaint, which may be in the end resolved through a process known as arbitration. Union members pay dues that are used to cover the union's costs. Most union's employee full-time staff that is responsible for running its operations. Even though the staff is paid by union dues, members occasionally volunteer within the union. Some unions also form strikes funds that are used to support workers in the event of a strike. A union works rather like a democracy. Unions hold elections in order to determine officers who will then make decisions and represent the members of the union (Silverman, 2010).
The United Auto Workers has recently organized several auto parts…
Reynolds, Morgan O. (2008). Labor Unions. Retrieved May 13, 2010, from Library of Economics and Liberty, Web site: http://www.econlib.org/library/Enc/LaborUnions.html
Silverman, Jacob. (2010). How Labor Unions Work. Retrieved May 14, 2010, from How Stuff
Works Web site: http://money.howstuffworks.com/labor-union5.htm
Splintered, but Unbowed, Are Unions Still Relevant? (2005). Retrieved May 13, 2010, from NY
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…
International Social Science eview, 85(1-2), 62-63.
Halachmi, a. & Bouckaert, G. (1996). Organizational performance and measurement in the public sector. Westport, CT: Quorum Books.
How has congressional agenda setting changed over time?
The agenda of the U.S. Congress has been closely aligned with its role as the legislative branch of the U.S. government. According to Black's Law Dictionary (1991), "The first Congress under the Constitution met on March 4, 1789 in the Federal Hall in New York City" (p. 301). Indeed, the creation of the U.S. Congress coincided with the adoption of the U.S. Constitution. In this regard, Black's (1991) adds that, the U.S. Congress was created pursuant to Article I, Section 1, of the Constitution, adopted by the Constitutional Convention on September 17, 1787 providing that "all legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and…
Black's law dictionary. (1991). St. Paul, MN: West Publishing Co.
Colker, R. (2007). The mythic 43 million Americans with disabilities. William and Mary Law
Review, 49(1), 1-3.
Vile, J.R. (1994). Constitutional change in the United States: A comparative study of the role of constitutional amendments, judicial interpretations, and legislative and executive actions. Westport, CT: Praeger Publishers.
20th Century a Good Century for Labor?
By all accounts, the early 20th century was a terrible time to be a worker in the United States. ages were low, benefits were virtually nonexistent, and safety considerations were not even a consideration. There was no unemployment or disability insurance for the vast majority of workers, and the labor movements that emerged during the early and middle 20th century were largely in response to these conditions. Further, a number of key pieces of legislation were passed during the 20th century that helped to address these inequities in the workplace. Unfortunately, a downside to the emergence of labor unions was a concomitant increase in the corruption and collusion between big business and labor leaders who did not always have their constituents' best interests at heart. To determine whether the 20th century ended up being a good century for labor or not, this paper…
Abraham, Steven E. (1996). "The Impact of the Taft-Hartley Act on the Balance of Power in Industrial Relations." American Business Law Journal, 33(3):341.
Condit, Celeste M. And Enid M.I. Sefcovic. (2001). "Narrative and Social Change: A Case
Study of the Wagner Act of 1935." Communication Studies, 52(4):284.
Cooper, Marc. (2002, December 9). "Labor Pains: Unions Are Edging into the Peace
An increase in employee-management teamwork and communication likewise reduced the need for labor union representation. Labor unions, thus, no longer play the critical role they once did in labor-management relations (Encyclopedia of Small usiness, Maxwell).
A New Global Labor Federation
Representatives from trade unions throughout the world organized a new global labor federation to insure that workers' rights are not overlooked in economic globalization (Associated Press, 2006). The new body, the International Trade Union Confederation, replaced the International Confederation of Free Trade Unions. It would adapt itself to the fresh challenges to the rights of unionized workers. It would also take bolder steps against forced and child labor. Appointed head of the new federation was Guy Ryder, who assured everyone that "the strong tradition of solidarity" would continue. He emphasized the importance of trade union unity in the international level in insuring effective representation of workers rights and interests in…
Associated Press (2006). Delegates launch global labor union. Deseret News: Deseret
News Publishing Company. Retrieved on June 8, 2009 from http://findarticles.com/p/articles/mi_qn4188/is_20061102/ai_n16831637/?tag=content;col1
Encyclopedia of Small Business (2002). Labor unions. CBS Interactive, Inc. Retrieved
on June 8, 2009 from http://findarticles.com/p/articles/mi_qx5201/is_2002/ai_n19121346/?tag=content;col1
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
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.
LABO UNIONS IN THE U.S.: Evaluation of Social Theory as Applied to the Concept of Organized Labor
CHAPTE IN BIEF INTODUCTION history of labor unions, their composition and development in the U.S. over time, discussion of the "building blocks" of such organizations
ELEVANCE OF LABO UNIONS ACCODING TO SOCIAL THEOISTS discussion of the relevance of labor unions according to the following social theorists: Durkheim, Simmel, Weber and Marx. Why labor unions are formed according to each of the social theorists; the idea of labor unions as a positive or negative force; labor unions as collective representatives of society; labor unions as reflective of society's need to collectively gather; who is represented by labor unions; economic factors in labor gatherings (Marx, on the idea that labor unions are created to promote the economic interests of employees within organizations)
Labor unions were created for a variety of reasons, in part to…
Hurst, Charles E. Living Theory. The Application of Classical Social Theory to Contemporary Life. Boston: Allyn and Bacon, 2000.
Schuster, Frederick. Human Resource Management. Reston: Reston Publishing
Turner, Jonathan; Beeghley, Leonard; Powers, Charles. The Emergence of Social
Labor elations: Work Hard for the Money
Today, the U.S. National Labor elations Board, an independent federal agency, is tasked with the enforcement of laws controlling the relationship between private sector employers and unions. To determine the function of the NLB and how it accomplishes this responsibility, this paper explores the NLB Web site to evaluate the role of the agency with respect to labor disputes, commerce, employees, employers and labor organizations. Finally, an explanation concerning how the agency can provide the information and tools needed to resolve labor disputes is followed by a summary of the research and important findings concerning the NLB in the conclusion.
eview and Analysis
Evaluation of the role of the NLB as it pertains to labor disputes, commerce, employees, employers, and labor organizations
The National Labor elations Board (NLB) was created by the U.S. Congress in 1935 in response to growing civil unrest concerning…
Amodeo, D. B. (2014, January 1). Fair notice: Reassessing NLRB authority to inform employees of their rights to unionize. American University Law Review, 63(3), 789-793.
Facilitate settlements. (2016). National Labor Relations Board. Retrieved from https://www. nlrb.gov/what-we-do/facilitate-settlements.
Labor law - LMRA - Ninth Circuit holds that dispute over private card check agreement is subject to primary jurisdiction of NLRB - International Union of Painter & Allied Trades, District 15, Local 159 V. J & R Flooring, Inc. (2011, May). Harvard Law Review, 124(7), 1821-1825.
Who we are. (2016). National Labor Relations Board. Retrieved from https://www.nlrb.gov / who-we-are.
Outsourcing Jobs and Labor Laws
Outsourcing Jobs to Foreign Countries Without Fair Labor Laws
government currently does not prohibit companies from outsourcing jobs to foreign countries that do not have unions and/or fair labor laws. Whether this practice is acceptable or should be stopped is worthy of consideration. There are two main reasons for researching this topic. First, the cost to outsource to foreign countries is often much less than the cost to pay employees in the United States to do the same work (Baldwin, 2006; Dine, 2007). That means that the profit for the company can be larger, and the amount customers have to pay for the products can be lower, which benefits both the customers and the company (Panitch & Swartz, 2003). Second, not all countries have the same types of labor laws, and some countries have no unions and few labor laws at all (Schifferes, 2004). This…
Aneesh, A. (2009). Global labor: Algocratic modes of organization. Sociological Theory 27:4.
Buchholz, T.G. (2004). Bringing the jobs home: How the left created the outsourcing crisis - and how we can fix it. New York: Sentinel.
Krugman, P., Obtsfeld, M., & Melitz, M. (2012) East Asia: Success and crisis, in International Economics: Theory and Policy. NY: Addison-Wesley.
Part III -- Persuasive Paper: Possible Disadvantages and Answers
Striking is not deemed to be an acceptable method of dispute resolution under the Taylor Law. According to Section 209, an impasse is deemed to exist if the parties fail to achieve agreement at least one hundred twenty days prior to the end of the fiscal year of the public employer. Specific provisions of Section 209 pertain to certain, select public employment bodies, such as police and fire unions, which must submit directly to binding arbitration because of the vital nature of the services they provide. The PERB can assist resolution by appointing mediators, and if this fails, it can create a fact-finding board with the power to make recommendations. If an impasse is still manifest the dispute is shifted to the chief executive officer of the government involved and to the employee organization involved.
Public employees are allowed to unionize by law (and, indeed, it could be…
1980s and 1990s, the hosiery industry experienced major issues. Increasing foreign competition as well as imports created downward pressure on the profitability of Canadian hosiery manufacturers (Trefler, 2001, p. 62). Several hosiery manufacturers tried to reverse this by extensively engaging in intensive capital investments in new technologies. hile no figures on SGA were available similar companies such as KDH in the U.S. experienced similar technology issues (Nichol, 2004, p. 10). In addition, they reorganized their company structures, downsized plants and also instituted to improved employee productivity and efficiency programs. SGA was no exception to this trend with international sales falling from $26 million to $10 million CND. This plus increasing imports and weak consumer sales forced SGA to lay off 1,500 employees, reduce wage rates and to rescind many of the benefits that the workers had enjoyed previously under Anderson families ownership. Many of these changes drew worker protests and…
Dingwall, J., & Chippindale, N. Department for Government and Labour Law and Administration. Labour administration in canada (ontario). Geneva, Switzerland: Winwaed Consulting.
Nichol, N. (2004). kentucky derby hosiery: giving the customers what they want.
Retrieved from http://www.legsource.com/tha/mar-apr04/kentucky-derby.pdf
Unfair labor practice. (2001). Retrieved from http://research.lawyers.com/glossary/unfair-labor-practice.html .
A dispute occurred in a unionized workplace involving John and Eric who were both hourly employees in the finishing department. Jack has been complaining that Eric is trying to get him to quit so that Eric's friend can be employed in Jack's job. He says Eric has bullied and harassed him because he helped in union organizing activities last year while Eric is anti-union. He also states that Eric complains about nearly anything he does and Eric does not pass him important information about daily work, which creates the impression that Jack is underperforming. Since his attempts to resolve the issue by talking to the finishing foremen have been futile, Jack has filed a formal grievance with the union about this situation. On the other hand, Phil, the first-shift finishing foreman, thinks that Jack is the problem and threatened to fire him for insubordination if he filed the…
Donais, B. (2006, June). Why Professional Unions Make Good Conflict Management Partners.
Retrieved May 13, 2014, from http://www.mediate.com/articles/donaisb1.cfm
Dunlop, J.T. & Zack, A.M. (n.d.). Mediation of Employment Disputes. Retrieved from Harvard University website: http://www.law.harvard.edu/programs/lwp/people/staffPapers/zack/MEDIATION%20OF%20EMPLOYMENT%20DISPUTES%20dunlop%20and%20zack.pdf
The only questionable charge made by the union is that the company promised to pay employees for certain medical benefits to discourage them from supporting the union, although the announcement of such benefits does seem to come at a questionable time.
Concerning the granting of improved sickness and health benefits in late December, the company contended that the improved benefits were part of the company's annual review of its benefit program and the decision regarding the change of benefits was designed to coincide with the Christmas season, which seems possible. However, to 'cover' its actions by stating that of "most" Milton's statements and questions to employees were not coercive is not enough. It is still responsible for the egregious behavior of Milton. Milton's shadowing of employees, questioning, remarks about Thompson's apartment and demands to be informed of union activities are in clear violation of sections (a) and (b) of the…
com). Finally, healthcare providers may specifically resist the idea of striking, because of the potential to compromise the care of the individuals in their charge.
If the company elects to resist unionization, what steps should the company follow?
Management should be aware of what they can and cannot do in thwarting union membership. For example, threatening employees with loss of jobs or benefits if they join or vote for a union or engage in protected concerted activity is prohibited by federal law. Managers cannot question employees about their union sympathies or activities. Particularly important is to remember that managers cannot directly promise benefits to employees to discourage their union support. Instead, to resist unionization, the company must recognize legitimate employee grievances, and create a dialogue between representatives of the staff to provide employees with a more attractive employment package, ideally one that matches those negotiated by the unions in other…
The National Labor Relations Board and You." (2008). NLRB. Retrieved 9 Jan 2008 at http://www.nlrb.gov/nlrb/shared_files/brochures/engulp.pdf
Union Pros and Cons." (2007). About.com. Labor Issues. Retrieved 9 Jan 2008 at http://labor.about.com/od/unions/a/unionization_2.htm?p=1
" In fact, Richard S. Tedlow, Harvard usiness School professor of business administration said in his interview with the LA Times that: "You could argue that some of what Wal-Mart does to cut costs has been win-win."
"What's being squeezed out is waste."
In spite of all that negative effects of Wal-Mart, those that have promise and stick with Wal-Mart are laughing all the way to the bank on payday with store managers earning $95,000 (including bonuses) on an annual basis and managers at Supercenter managers. It should be said that long hours are required in fact, usually over 80 a week and an individual better be ready to relocate if need be.
All of this is good and fine in an idealistic world, where supplies are endless and everyone is the society is in a state of balanced advantage and opportunities. However, in the "real" world where mom and…
The Wal-Martization of America" (2003)
http://www.laborrights.org/press/walmart_ editorial_112503.htm' target='_blank' REL='NOFOLLOW'>
legal framework which provides the foundations for the American system of labor / management relations.
The state of labor / management relations today is very different than it was 100 years ago. Workers can actually reason with their employers and, more than anything else, employers often find themselves at the mercy of employees (due to the unions) and having to kow tow to their demands. This has both negative and positive ramifications.
The history of the labor / management relations synthesis started in the 1860s when the Industrial Revolution created a surplus of labor and competition between factories for workers. Few laws had existed for workers and employers had been cheap with their wages. Unions had existed in the past and workers had often been fired from unions. In fact, workers who had banded together had been perceived as criminals.
The first national union that succeeded, the Knights of Labor,…
Baird, Charles W. "Right to work before and after 14 (b)." Journal of Labor Research 19.3 (1998): 471-493.
Chron. The Evolution of the Labor-Management Relationship http://smallbusiness.chron.com/evolution-labormanagement-relationship-36056.html
Jasper, Margaret C. 2002. Labor Law. Dobbs Ferry, N.Y.: Oceana.
Lareau, N. Peter, et al. 2003. Labor and Employment Law. Conklin, N.Y.: Matthew Bender.
advise the independent living home management to do? Should they oppose unionization?
Happy Trails should oppose unionization because it can create many problems for the nursing home in the form of higher wages, frequent strikes and paid vacations etc. However it will not be possible to oppose unionization without offering employees some additional attractive benefits. It is impossible to avoid unionization without offering some benefits like overtime allotment and bonuses. The reason we say this is because if employees are asked not to join unions, they may actually become more resistant to the organization's request and resent such an order. For this reason, Happy trials needs to be proactive and must reach its employees before the union has had a chance to reach them. Unions tend to fight for higher wages and other benefits but since Happy Trails has been a cost cutting program and cannot afford to raise wages,…
features of the economies in the leading nations, those of the U.S.A., Japan, and Germany, have many essential features of their economies that are similar. Yet these countries also have many differences. By examining these similarities and differences as they relate to wages, benefits, productivity, and living standard, we can better understand each nation's economic practices.
One of the main features of any economy is the ability to obtain private ownership of the means of production, including land. This ability provides a competitive system of labor, which translates to higher wages, and more opportunity for a better standard of living ("Economics," Columbia University, 2002). In the United States, the means of production are generally privately owned, as they are in Great Britain. Conversely, though private production plays a major role in the economy of Japan, it has a centrally planned industrial policy in which bankers, industrialists, and labor unions meet…
American Federation of Labor (AFL). "How and Why People Join Unions." The Union
Difference. Washington, D.C.: The American Federation of Labor. 2002
Benson, J.E. "Garden City: Meatpacking and Immigration to the High Plains."
Immigration and the Changing Face of Rural America: Focus on the Midwestern States. Manhattan:
The union, as the filer and continued impetus behind the grievance, has the burden of proving that the company in some way violated its labor contract in so doing. The level of proof needed is fairly basic; the contract can be carefully read by the arbitrator, and any actions that were illegal according to the terms of the contract could be identified. The burden of proof must lie with the union just as an alleged criminal is supposedly "presumed innocent until proven guilty" -- it is a basic logical necessity. The company can no more prove that it has not violated the contract and more than a suspect can prove he did not rob a bank (for exmple); it is impossible to prove a negative. If the contract had been violated, there would be clear evidence of this for the union to point to.
Instead, the union's accusation is full…
Add to this confusion the growing prevalence of telecommuters and the issues of the FLSA become even more complicated. Of course some telecommuting positions fall into the exempt category, and therefore are not subject to overtime pay, however some do. Due to the freedom to engage in 'private pursuits', employers may monitor when a virtual employee logs onto his or her computer and may require that he or she get permission before working overtime (Gabel & Mansfield 2003, 316). Only by fully understanding the FLSA and the legislation that has evolved from its implementation, can Human Resource professionals be certain to obey the regulations and not compromise their organization.
In addition to the monitoring of ever-changing compensation laws, Human Resource professionals must also be well versed in discrimination legislation as well. The Civil Rights Act of 1964, one of them of the most important pieces of discrimination legislation created,…
Affirmative Action. (12 Oct. 2004). Online. Available at http://en.wikipedia.org/wiki/Affirmative_action [accessed 15 October 2004].
Crampton, Suzanne M., Hodge, John W., Mishra, Jitendra M. "The FLSA and Overtime Pay." Public Personnel Management 32, no. 3 (Fall 2003): 331-354. Database online. Available from ProQuest database.
DeLeire, Thomas. "The Wage and Employment Effects of the Americans with Disabilities Act." Journal of Human Resources 35, no. 4 (Fall 2000): 693-715. Database online. Available from Business Source Premier database.
EEO Poster. (No date). Online. Available at http://www.dol.gov/esa/regs/compliance/posters/pdf/eeopost.pdf [accessed 11 Oct. 2004].
American Meat Packing Corp., 362F.3d 418 (7th Cir. 2004).
On November 15, 2001, 350 workers at the American Meat Packing Corporation (AMPC) showed up for work and were told they had been terminated. Because they were not notified 60 days prior to termination, the Worker Adjustment and etraining Notification Act, U.S.C. § 2101-2109, the WAN Act, did not apply. The purpose of the 1989 WAN Act was to create a buffer for workers who anticipate mass layoffs or plant closings that have been unanticipated. Under the WAN Act, the 60 day notice of plant closings or any mass layoffs may be waived or reduced if a business closure is "caused by some sudden, dramatic, and unexpected action or condition outside the employer's control." 20 C.F.. § 639.9(b)(1).
The fundamental issue of this case is that of foreseeability. Business situations that are likely to cripple or close a firm may be…
partnerships (8th ED), Thomson Retrieved http://esl.rutgers.edu / graduate_writing_program courses/academic_writing_II/media/b_paper.pdf
Internet sources assessed.
Employers' ole During Union Organization Campaigns
Union organizing has become a major issue in today's working environment because of increased efforts by workers to promote suitable conditions in the workplace and obtain compensation that suits their contributions to the organization. Even though the number of unionized employees or membership of labor unions has declined significantly in the past few years, unionization is still an important component of today's labor force. As employees continue to join labor unions to advocate for their welfare in the workplace, the role of employers during union organization campaigns has been a slightly controversial issue. The controversy relating to this issue is attributable to the tendency by company management to attempt undertaking measures that defeat the union during union organization campaigns. However, the National Labor elations Act defines the role employers should play during union organization campaigns. This paper examines whether employers should sack their employees…
Domhoff, G.W. (2013, February). The Rise and Fall of Labor Unions in the U.S. Retrieved from University of California at Santa Cruz website: http://www2.ucsc.edu/whorulesamerica/power/history_of_labor_unions.html
Marchetta, J.S. (1983). NLRB v. Transportation Management Corp.: Allocation of the Burden of Proof in Section 8(a)(3) Mixed Motive Discharge Cases. Catholic University Law Review, 33(1), 279-312.
Mehta, C. & Theodore, N. (2005, December). Undermining the Right to Organize: Employer Behavior During Union Representation Campaigns. Retrieved May 26, 2017, from http://www.newunionism.net/library/organizing/ARW%20-%20Employer%20Behaviour%20During%20Union%20Organizing%20Campaigns%20-%202005.pdf
Society for Human Resource Management. (n.d.). How Can We Prevent a Union from Organizing in Our Company? Retrieved May 26, 2017, from https://www.shrm.org/resourcesandtools/tools-and-samples/hr-qa/pages/preventunionorganization.aspx
delete them, please note where the information came from. THANKS!
Define and discuss the term "collective bargaining." The term "collective bargaining" refers to a process in which employers and employees (or their representatives, like trade unions, etc.) come together and voluntarily negotiate working conditions. Typically, these discussions come up at the end of a contractual period and focus on things like wages, work hours, benefits, safety of the workplace, overtime procedures, grievance and mediation procedures, and the level at which owners and management will allow workers to participate in the operation and strategic mission of the company.
In order for there to be collective bargarining, however, there needed to be a philosophy of labor; the term itself was first used in 1891 but the concept of unions and labor vs. management and owners, of course, harkens back to Karl Marx and even labor issues prior. Collective bargaining in the contemporary,…
For instance, decertification petitions must be signed by no fewer than 30% of employees, must be filed when a contract is NOT in effect or agreed upon window, and must also be free of any coercive influences from management. Once the petition and preliminary work is done, a formal document must be filed with National Labor Relations Board, which will schedule a decertifying election, typically within 60 days. During that time period, management and labor may campaign. Once the election is held, the NLRB will decertify the union if a simple majority, 50.1%, votes against the union.
Source: Ohio Hosptial Association, "The Decertification Process," Cited in:
population of California underwent dramatic changes in the last 60 years. In the 1940s, the Latinos were a minority of only 6% of the state or roughly 374,000 (autista 1991). ut by 1980, the Latino population grew to 4 million, almost doubling the figure and increased to more than 7 million in the 90s. In the 2000s, Latinos accounted for a third of California's total population, creating huge political, economic and social impact upon its entire society (autista). esides sheer volume, the continuously increasing Latino population has developed the distinct feature. efore the 60s, immigrants were rare and less than 20% of these Latinos were foreign born, most of them from Northern Mexico. Immigration, however began to fill the ranks since the 80s so that, today, the majority of adult Latinos in California are immigrants. These developments are among the most important criteria to social and demographic policy makers in…
California Labor and Workforce Development Agency. (2004). 1975 Agricultural Labor Relations Act. Agricultural Labor Relations Board. http://www.alrb.ca.gov
Democrats Assembly. (2004). Measure to Prohibit Employers from Locking In Their Workers Passes Assembly. California State Assembly. http://democrats.assembly.ca.gov/template/ademmain.sp?articleid=122&zoneid=2
Full Assembly Approves Proposed Increase in the State's Minimum Wage. http://democrats.assembly.ca.gov/templates/ademmain.asp?articleid=106&zoneid=2
House of Representatives. ((1998). Hearing on the Failures and Promises of the California Garment Industry. 105th Congress, Subcommittee on Oversight Investigations, Committee on Education and the Workforce, serial 105-110. http://commdocs.gov/committee/edu/hedo&i5-110.html
As well when the same individuals were polled responses given stating that they believed that unions would become weaker in the future totaled 53%. It is certain that should unions fail to exist that individuals in today's work and labor forces would certainly receive less compensation, less vacation and leave time, less fringe benefits and that they would receive much less in the way of pension from the company following retirement.
Recommendations for Future Research
Arising from this brief review are recommendations for further research for the purpose of examining why it is that labor and worker unions are likely to become weaker in the future than they are presently.
Mishel, Lawrence and Walters, Matthew (2003) How Unions Help All Workers. Economic Policy Institute. 26 Aug 2003. Online available at: http://www.epi.org/publications/entry/briefingpapers_bp143/
Grabelsky, Jeff (2004) uilding and Construction Trades Unions: Are They uilt to Win? ILR Collection 2004. Online available…
Mishel, Lawrence and Walters, Matthew (2003) How Unions Help All Workers. Economic Policy Institute. 26 Aug 2003. Online available at: http://www.epi.org/publications/entry/briefingpapers_bp143/
Grabelsky, Jeff (2004) Building and Construction Trades Unions: Are They Built to Win? ILR Collection 2004. Online available at: http://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1057&context=articles
Majorities Say They Agree That Labor Unions Are Necessary to Protect the Working Person, but Plurality Believe Unions Will Become Weaker in the Future (2010) Public Agenda Organization. 1 Mar 2010. Online available at: http://www.publicagenda.org/charts/three-quarters-americans-say-they-agree-view-labor-unions-are-necessary-protect-workers-half-say
Sirolli, Carmen J. Sr. (nd) Bargaining Units vs. Management: Are Police Unions Necessary? Online available at: http://www.fdle.state.fl.us/Content/Florida-Criminal-Justice-Executive-Institute/Docs/sirolli-carmen-final-paper-(1).aspx
Furthermore labor laws in terms of the international workforce have been entirely ignored, as workers are paid less than half of minimum wage in China, for example. his is earned for shifts of 16-20 hours per day (Hightower, 2002).
Public knowledge of such practices has become so prominent that citizens are opposing Wal-Mart's expansion even in the face of its promise to cut prices lower than any of its competitors. Apparently the ethics of the average American citizen are higher than that of Wal-Mart (McKay, 2004).
he proposed superstore in Los Angeles would cover about 25 acres and employ 600 workers. Of course the surface benefit of this is both job creation and lower prices for goods. Yet the deeper truths have become too prominent to be ignored.
Wal-Mart's success on the other hand is indicative of the state of the American workforce, which is impoverished to a state where…
The cycle is perpetuated by Wal-Mart's practice of buying offshore for the cheapest possible prices, thus at the same time encouraging foreign sweatshops and undermining American jobs and wages. American workers are thus forced to lower their standard of living and of working as a result, accepting lower wages with fewer benefits in order to benefit large corporations such as Wal-Mart (McKay, 2004).
The fact that corporations such as Wal-Mart are fed by impoverished labor forces results in an increasing gap between rich and poor, and even rich and the middle classes (McKay, 2004). The diversity of the economy in terms of small businesses and people-focused retailing is thus undermined. The unfair labor practices of Wal-Mart thus affects not only its own profit margins, but the income level of an entire nation, while also spreading its toxic influence abroad. The corporation thus remains in business as a result of those who have little choice but to take the offer of lowered prices, regardless of non-existent ethics.
The inability of Wal-Mart to keep its unfair labor practices under wraps has resulted in a general public disdain for its practices and philosophy. The increasing knowledge that the public has gained about Wal-Mart's labor practices Indeed, many consumers have made the decision to avoid Wal-Mart after learning of the company's practices (Hightower, 2002). One manifestation of this feeling is the public resistance of the company's
Carrabine, Lee and South 193)
As has been said before, the UK no longer makes anything, builds anything or sells anything tangible. The decline in industrial production has resulted in an overall decline in employment of industrial workers, who have not been aided by a failing system to transition to other work.
Some would say that the changes occurring in the UK, at this time with the increased importance of service industry work and intelligence rather than physical labor employment is a natural byproduct of globalization and an evolutionary product of the next phase as a "developed" nation.
They evidence this by observing that all developed nations are leaning in this direction. Yet, the transition has not and will not be easy, whether it is normal or not, a point which remains to be proven.
ith the education system in the UK in serious need of reform…
http://www.questia.com/ PM.qst?a=o&d=5000677576' target='_blank' REL='NOFOLLOW'>
Case Study: SGA Industries
The impetus for the Amalgamated Clothing and textiles Workers union (ACTWU) to organize an effort to create worker protection at SGA industries was provoked via a variety of reasons. SGA industries had always been a workplace where they invested a lot of money to protect and elevate workers. SGA made a concerted organizational and financial effort to ensure that their employees and their families had a very high quality of life. However, with foreign competition becoming so aggravated in the mid-1980s, the entire hosiery industry was under siege, and the company didn’t have the luxury to invest so heavily in the happiness of their employees. As the case study clearly explained, “Growing foreign competition and imports had a negative impact on domestic hosiery manufacturers. Many manufacturers attempted to reverse the impact by intensive capital investments in new technology, by the reorganization and downsizing of plants,…
Operations Evaluation of Nike Incorporated
Marketing Mix Price
Marketing Mix Place
Factories Based on Region and Product
Current Situation of Footwear Industry
Marketing Mix Product
Nike Current Situation
Marketing Mix Promotion
Changes in Operations orkers at Factories
Code of Conduct Grade Assessment
Operations Evaluation of Nike Incorporated
Understanding how globalization affects a company will be analyzed to explore how Nike Incorporated handles the multiple risks and capitalizes on the benefits of such expansion. As Nike has faced immense growth and criticism due to the complex business model that has led to the number one position in the athletic footwear industry. It has been a challenge to balance strong organizational performance along with required corporate ethical standards expected for a global leader. A critical evaluation of Nike Inc. will…
Harvard Business Case. "Hitting the Wall Nike and International Labor Practices." Case
Number 9-394-198. 2010.
Locke, Richard M. MIT. "Promises and Perils of Globalization" Nike. 2010. <
http://www. scribd. com/doc/31654319/NikeCaseStudy
It is imperative to appreciate the fact that the Drake and Keeler's employer meets all workplace standards for coverage as stipulated under LMRA. The article states elements of constructive discharge, layoff, discipline, suspension, non-recall from layoff, demote, or adverse actions taken against employees. This is because of the protection awarded to the concerted activities. Damages in a notice lieu include Salary as well as other forms of remuneration that employees receive at reasonable opinions. The elements include commissions, profit shares, bonuses, benefits and loss to employee pension benefits due to loss of contributions to the pension scheme. Constructive dismissal is implemented when changes to the employment relationship between two parties are viable.
The coverage of the law includes engagement off in interstate commerce activities coupled with specific employee rights. Requiring reasonable termination notice does not have the unique composure to existing employment contracts. The implication is…
Estreicher, Samuel. Global Labor and Employment Law for the Practicing Lawyer. New York: Kluwer Law International, 2010. Print
Forsyth, Anthony, and Stewart, Andrew. Fair Work: The New Workplace Laws and the Work Choices. New York: Legacy Federation Press, 2009. Print
Wright, John. Unfair Dismissal Law Fourth Edition. New York: Lulu.com, 2014. Print
NLB vs. Weingarten
Highlights of the Case
When a representative of a respondent interviewed a respondent's employee regarding theft at the respondent's store, the employee was denied to have representatives of the union at the interview session; although the employee had placed such a request. Consequently, the Union filed a suit for unfair labor practice against the respondent with NLB. In it construction, Mobil Oil Corp. 16 of NLB 1052 was denied, Quality Mfg Co., 195 NLB denied, 482 F. 2d 842 and 481F.2d 1018, revised post. It was held by the NLB that the respondent had violated the law by engaging in an unfair labor practice. It issues a desist order that was however declined by the Court Of Appeals for enforcement, in which case it was pointed out that an employee did not need the presence of a union representative in an investigatory interview (NLB v. J. Weingarten,…
Fanning, J. H. (1982). National Labor Relations Board v. J. Weingarten, Inc.-An Overview of the Development and Application of the NLRA Section 7 Right to Representation. W. New Eng. L. Rev., 5, 1.
NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975).
Discharged for Facebook Comments
The National Labor elation Board (NLB) has protected the right of free speech of employees posting messages on social media so long as that speech is limited to discussions about "wages and working conditions ... in an effort to improve them" (Kasle). In so far as Nelson's comments on Facebook regarding her supervisor were not constructive in the sense of advocating an improved workplace environment, they are not protected by NLB's law. Thus, Nelson's employer did have the right to terminate her employment.
When does an employer have a legal right to discipline or discharge an employee for comments the employee makes about the company? It is a controversial question. Free speech advocates might suggest that all speech is protected. However, business advocates suggest that corporations and companies have a right to protect themselves. In this context, NLB has stipulated that all criticism of employers must…
"Discipline and Workplace Rights." AFSCME. 13 Nov 2009. Web.
Kasle, Whitney. "When Can You Legally Terminate an Employee Because of a Misstep
on Social Media?" New Brand. 28 Jan 2014. Web.
Sussman, Jessica. "Are there any circumstances under which it is unlawful to discipline an employee for posting negative comments on Facebook or another social networking site?" XPertHR. 2015. Web.
Social Networking: Using Social Media and Networking to Address Productivity Issues
Using Social Media and Networking to Address Productivity Issues: Social Networking
Walmart is the world's largest retailer, and the world's largest company by revenues. Its success over the years draws largely from its mission of providing everyday low prices to enable consumer live better. Despite its inherent success, however, Walmart faces serious problems in regard to unfair labor practices and customer satisfaction in product offerings. This text demonstrates how social media and social networking technologies could be used to address these problems.
Using Social Media and Networking to Address Productivity Issues: A Case Study of Walmart
Walmart is the world's largest retailer, and the largest company by revenues. Starting off with Sam Walton's idea of offering everyday low prices in the 1960s, the company grew to become one of the world's most valuable brands, operating in over 27 countries,…
Adler, N. & Gundersen, A. (2008). International Dimensions of Organizational Behavior (5th ed.). Mason, OH: Thomson Learning Inc.
Brunn, S. D. (2006). Walmart World: The World's Biggest Corporation in the Global Economy. New York, NY: Taylor & Francis.
Ferrell, O. C., Fraedrich, J. & Ferrell, J. (2009). Business Ethics 2009 Update: Ethical Decision-Making and Cases (7th ed.). Mason, OH: Cengage Learning.
Gandolfi, F. & Stratch, P. (2009). Retail Internalization: Gaining Insights from the Walmart Experience in South Korea. Review of International Comparative Management, 10(1), 187-199.
In other respects, however, the evidence does not readily conform to theoretical predictions. For example, if gross job turnover is taken as a rough proxy for labor market flexibility -- and since stringent EPL reduces both hiring and firing -- it is quite surprising to find that job turnover rates are very loosely related to EPL rankings. Most remarkably, not only are the estimates for Italy and France, at 21 and 24 per cent respectively, very high in absolute terms (one in every five jobs is either created or destroyed each year), but they are also extremely close to the estimates for the United States and Canada despite the much heavier regulation of dismissals in the European labor markets." (Bertola, Boeri, & Cazes, 2000)
Once the company settled into the Canadian market they faced the new challenges regarding labor. The Canadian business philosophy continued to be pro-union. In Canada, Wal-Mart…
Bertola, Giuseppe, Boeri, Tito, & Cazes, Sandrine (2000). Employment Protection in Industrialized Countries: The Case for New Indicators. International Labour Review, Vol. 139.
Chicago Bureau Chief Weber (2002, July). The Lingering Lessons of Andersen's Fall. Business Week Online. Retrieved on January 18, 2005, at http://www.businessweek.com /magazine/content/02_26/b3789017.htm' target='_blank' REL='NOFOLLOW'>
That bargaining agreement did contain a clause for arbitration of disputes, and these disputes included having differences regarding the meaning and application of the agreement, as well as a provision that required back pay and reinstatement for employees that were fired or otherwise let go if the company was in any way in violation of that agreement by ending the employment of these individuals.
This is by far the most groundbreaking and fascinating case of the steelworkers trilogy, largely because it looks at an arbitration that did take place and the subsequent refusal of the company to comply with the award that was determined during arbitration. The individuals that had been terminated from the company went to arbitration to have their cases heard after the collective bargaining agreement had expired, but had been terminated during the time that it was still in force. During the arbitration, the arbitrator found that…
United Steelworkers of America v. Enterprise Wheel & Car Corp. 363 U.S. 593 (1960).
United Steelworkers v. Enterprise, 1960.
United Steelworkers of America v. Warrior & Gulf Navigation Co. 363 U.S. 574 (1960).
Veteran/Purple Heart Recipient
Highly qualified and well-rounded healthcare administrator that has a strong and diverse background in healthcare, operations, facility management, strategic planning, Lean, healthcare development and redesign background. This includes sixteen years of hands-on patient care experience as well as over ten years' experience successfully providing executive level leadership in clinical, administrative, facility planning and overall hospital disciplines. Highly skilled with implementing and managing complex issues at all levels in order to plan, develop, organize, decipher and perfect policy. Able to evaluate hospital-wide operational management programs and needs. Sixteen years of in-depth management experience with healthcare-related development projects for both ambulatory and non-ambulatory settings throughout all disciplines of healthcare. Active security clearance.
PROFESSIONAL STRENGTHs & CERTIFICATIONS
• BLS certified
• HIPAA-Trained & Certified
• Certified in Food Protection and Safety
• Advanced skills with Microsoft Office, Defense Medical Logistics Standard Support Automated Information System, Armed Forces Health…
The international company to be featured in this paper is Avon International. Avon is a cosmetics company located in about seventy-five countries in five geographical locations: Latin America, North America, Central, Eastern and estern Europe, Middle East and Africa, and Asia Pacific. In addition to cosmetics (fragrances, skin care, personal care and color cosmetics), Avon also produces fashion items (fashion jewelry, watches, apparel, footwear, accessories and children's products) and products for the home (gift and decorative products, house wares, entertainment and leisure products and nutritional produces) (Forbes, 2014).
Avon was founded in 1886 in the United States and has 36,700 employees; Avon has annual sales of around $9.98 billion and is ranked #70 in Forbes' list of "orld's Most Powerful Brands" (Forbes, 2014).
The company is unique in that it doesn't generally sell its products in department stores or other retail venues. It hires women to go door-to-door…
Avon. (2013). Code of Conduct / Avon South Africa / Avon Products. Retrieved January 11, 2015, from http://www.avoncompany.com .
ENSafrica. (2013). General corporate information for foreign clients: establishing a business
In South Africa. Retrieved January 11, 2015, from http://mandarin.ensafrica.com .
Harris, D. (2014). China Law For Foreign Companies Doing Business In China. It's Real.
For an industry that is fast becoming a verifiable and sustainable model of energy development, the labor that supplies the demand will likely get its fair share of attention (Goldemberg, 2007).
On the marketing end of the industry, there is the automobile manufacturing boom of flex cars, and the new multi-billion dollar deals between the largest ethanol producer in Brazil, Cosan Limited, and Royal Dutch Shell. The most recent joint venture between these fuel giants is worth an estimated $12 billion dollars. However, Cosan has encountered pushback due to its treatment of employees, and even global market giants like almart have suspended contracts with Cosan until this issue is resolved. Additionally, the banks of Brazil have put holds on any future lending until Cosan deals with the labor issue (Martinelli & Filoso, 2008).
On the ethanol end of business, Royal Shell and British Petroleum are to date the only major…
Delgadoa, R., Araujo, A., & Fernandes, J.V. (2007). Properties of Brazilian gasoline mixed with hydrated ethanol for flex-fuel technology. Fuel Processing Technology, 365-368.
Goldemberg, J. (2007). Ethanol for a Sustainable Energy Future. Science, 808-810.
Martinelli, L., & Filoso, S. (2008). EXPANSION OF SUGARCANE ETHANOL PRODUCTION IN BRAZIL: ENVIRONMENTAL AND SOCIAL CHALLENGES. Ecological Society of America, 885-898.
Compare the presidencies of Roosevelt, Taft, and ilson. hat made them Progressive presidents? Identify what you believe to be the most important pieces of legislation passed during each administration. hy are these so significant? Finally, be sure to indicate what each president did to expand the meaning of freedom for American
Theodore Roosevelt is often called our nation's first Progressive president. Roosevelt used the Sherman Anti-Trust Act to break up heavily consolidated industries that were having a stifling effect upon American commerce and limiting the choices of the American consumer. Roosevelt was also an advocate against child labor and unfair labor practices in general. One of his first noteworthy achievements as president involved negotiating an end to a crippling coal strike. Roosevelt was the first president to pass food and drug safety laws; mandated government supervision of insurance companies; investigated child labor violations and also passed the Hepburn Act,…
Freidel, Frank & Hugh Sidey. "William Howard Taft." White House Historical Association.
2006. Web. 30 Jan 2015.
"Woodrow Wilson's New Freedom." U.S. History. 2014. Web. 30 Jan 2015.
Yarborough, Jean. "Theodore Roosevelt: Progressive Crusader." The Heritage Foundation. Web.
ut help is on the way. A elgian theologian is cited as saying: 'It is important and healthy for women, for families, for societies, that we are dealing with the return of the human male, almost from the dead'." (2007) It is interesting to note that there appears to be great fear among the Polish majority mindset that the strong role of men in their society will somehow be diminished by women also entering into a role that is modified from the present role attributed to Polish womanhood and strengthened. The media in Poland has actively and imaginatively played with the Polish nationalist party and served to drive the country back into pre-E.U. accession mindset.
The cover of Wprost in May 2004 is stated to feature a man "placed well above the woman" who is looking "proudly and sternly ahead, into the future; the woman teeth bared in a submissive…
Abizadeh, Arash (2004) Liberal nationalist vs. postnational social integration: on the nation's ethno-cultural particularity and 'concreteness. Nations and Nationalism 10 (3), 2004, 231 -- 250. r ASEN 2004
Agnieszka Graff (2005) The Return of the Real Man: Gender and E.U. Accession in Three Polish Weeklies. Online available at: http://www.iub.edu/~reeiweb/events/2005/graffpaper.pdf
Alsop, Rachel and Hockey, Jenny (2004) in: In Women in society: achievements, risk, and challenges. Nova Publishers, 2004
Dizard, R., Korte, H. And Zamejc, A (2007) Right-Wing Nationalism in Poland: A threat to human rights? 2007 by Rachael Dizard, Henrike Korte and Anna "amej." Online available at: http://humanityinaction.org/docs/Reports/2007_Reports_P oland/Dizard_Korte_Z
During the turn of the century, maverick muckraking journalists dug up dirt on unfair labor practices including the use of child labor. Muckrakers also drew attention to unsanitary working conditions and the lack of systematic health regulations in meat and food production. President oosevelt responded by initiating a series of labor-related legislation including the Pure Food and Drug Act in 1906. However, oosevelt at the same time publicly denounced muckrakers and lent them their derogatory name. oosevelt's passion for environmental conservation reflected his personal interests and beliefs more than it did the results of investigative journalism. Environmental conservation emerged as of the main issues that distinguished the progressivism of oosevelt and that of Wilson.
Presidents oosevelt and Wilson transformed the role of the federal government in the United States. Both wielded their executive powers to protect the rights of the poor and working class, to abolish some of the powers…
Theodore Roosevelt." AmericanPresident.org. Retrieved Oct 6, 2006 at http://www.americanpresident.org/history/theodoreroosevelt/
Theodore Roosevelt." Wikipedia. Retrieved Oct 6, 2006 at http://en.wikipedia.org/wiki/Theodore_Roosevelt
Thomas Woodrow Wilson." AmericanPresident.org. Retrieved Oct 7, 2006 at http://www.americanpresident.org/history/woodrowwilson/
Woodrow Wilson." Wikipedia. Retrieved Oct 7, 2006 at http://en.wikipedia.org/wiki/Woodrow_Wilson#Presidency_1913-1921
It is expected that by 2025, nearly fifteen percent of the world population will likely to be over sixty years of age. With increasing life expectancy the population of developing countries is aging much faster than that of industrial countries. It is expected that in 2030, approximately eighty percent of the total elderly population will reside in developing countries. A more relevant measure of the sustainability of old-age support systems is the dependency ratio, which calculates the elderly (normally those above 65) as a percentage of the working age population (between 15 and 64 years old). The International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (the "International") has two pension plans, the Teamster Affiliates Pension Plan (the "Affiliates Plan") and the International Brotherhood of Teamsters Retirement and Family Protection Plan (the "Family Plan").
Pension plan is a retirement plan that is paid by the employers for…
DRIVE- Democrat, Republican, Independent Voter Education. The Ladies auxiliary DRIVE program was started in 1959 by Josephine Hoffa as apolitical action committee. The group grew and became very successful working through grassroots organizing and lobbying to defend and promote workers rights legislation on capital Hill.
Teamsters Funds. This includes health and welfare funds and pension funds for all members.
The International Brotherhood of Teamsters (IBT), the largest private sector union in North America, can make a convincing case for the most notorious, feared, and recognized union in U.S. history. The IBT, with such renowned officials as Jimmy Hoffa, Frank Fitzsimmons, and Tony Provenzano to its credit, has been the focus of numerous investigations by the FBI, Internal Revenue Service, and law enforcement agencies across the nation. The controversies and charges brought forth by government against the IBT can fill several pages, but the Teamsters seem to successfully negotiate each obstacle that is presented to them. The International Brotherhood of Teamsters has survived a turbulent history that has included indictments, convictions, and a death that has yet to be solved. It has even incited former Attorney General Robert F. Kennedy to say the Teamsters were once "the most powerful institution in the country, next to the government itself." The IBT has in some way managed to overcome adversity while continuing to grow and fiercely oppose unfair labor practices in the meantime.
Services and Capabilities: Global Outsourcing
Global outsourcing has become a common trend in the last few decades. Organisations, especially multinationals, have increasingly taken advantage of globalisation, technological advancements, and worldwide political and economic integration to outsource business processes and manufacturing operations to off-shore entities. Indeed, outsourcing is no longer a mere temporary or short-term solution to cost minimisation -- it is now part of business and corporate strategy (Oshri, Kotlarsky & Willcocks, 2015). Today, organisations in diverse sectors and industries rely on global outsourcing to keep up with consumer demand and competition while at the same time maximising operating margins. Nonetheless, global outsourcing presents its own fair share of challenges. This paper explains the pros and cons of global outsourcing and provides examples of firms that have successfully adopted supply chain globalisation.
A major advantage of global outsourcing is cost reduction. Generally, outsourcing is motivated by the need to produce…
Oshri, I., Kotlarsky, J., & Willcocks, L. (2015). The handbook of global outsourcing and offshoring. 3rd ed. New York: Palgrave Macmillan.
Barrar, P., & Gervais, R. (2006). Global outsourcing strategies: an international reference on effective outsourcing relationships. Hampshire: Gower Publishing.
Global Warming: Why it is not the greatest fear of the industrializing world, why it is such a great fear for the industrialized world
There is a threat that currently looms upon the horizon, in danger of choking the fragile health of the developing economies of the so-called Third World. This threat is not the so-called global warming phenomena. The long ranging environmental results of the build up of greenhouse gases in the atmosphere still remains unknown, and the data is far from conclusive. What is known by international economists is that the threat of global warming, as deployed as a kind of buzz word and media scare tactic of the environmentalist movement could impede the growth of industrialized nations and reduce the chance of Third World countries improving their living standards.
Despite the words 'Trade not Aid,' as bandied about by corporations such as the Body Shop, there is…
gainst "Opinion-Based" Decision Making:
The Wal-Mart Case
One of the most reviled events in the business world -- from the largest corporations to the smallest privately-owned business is the discrimination lawsuit. In whatever form it takes; whether age, sex, religion, disability, or any of the other myriad conditions for which discrimination is illegal, the ramifications for the company can be severe. In the current class action case against Wal-Mart, allegations of gender discrimination impact literally thousands of current and former employees, who stand to gain significant compensation should the court find against the retail giant. Sadly, such a case could have been prevented entirely by paying strict attention to anti-discrimination policies, training and research.
Wal-Mart holds sway as the nation's biggest employer (Wal-Mart.com, 2005). s such, it not only enjoys tremendous success, but is also faced with an immense amount of possible liability should it fail to follow through on…
Although many may mourn the loss of personal judgment in employee decision making, careful training can demonstrate the practicality of the shift away from subjective decision making. Further, education on the nature of "hunch" motivation, especially with regard to culture and the transmission of stereotypes can help alleviate any misgivings. In the end, there simply is no avoiding the fact that using subjective judgment increases liability, as well as unfair labor practices. In order to safeguard both the company's interests, as well as the employees, the shift from personal opinion to statistical justification must be made.
Curry, Myron. (2004). "Wal-Mart Class Action Gender Discrimination Case Holds Warnings for All Employers." Business Training Media. Web site. Retrieved on July 12, 2005, from, http://www.business-marketing.com/store/article-walmart.html
Wal-Mart. Staff. (2005). "Employment Overview." Wa-Mart.com. Home Page. Retrieved on July 12, 2005, from, http://www.walmartfacts.com/doyouknow/default.aspx#a26
Whole Foods Market
Which Organizational Diagnosis Model Is Best to Use at Whole Foods Market
Open Systems Theory
Weisbord's Six-Box Model
McKinsey 7S Framework
Likert System Analysis (1967)
Nadler-Tushman Congruence Model
Methods to use this Tool
Analyze each key element separately
ecognize the people that can help to get the work done and help in accomplishing the goals of the organization
Analyze how these Elements Interrelate in the Organization
Plan to Create and Maintain Congruence
Issues of Whole Foods Market
Poor Working Conditions
Failure to Support Farmworkers
Best Model to esolve Issues of Whole Food Markets
In this modern competitive era of rapid transformation and advancement, new organizations must be evolved and developed continuously. More effective learning processes need to be adopted and goal setting and planning processes must be learned and time should be spent to improve and advance the goal-setting…
Hedge, J.W. (2002). Implementing Organizational Interventions: Steps, Processes, and Best Practices. San Francisco: Jossey Bass.
Lusthaus, C. (2002). Organizational Assessment: A Framework for Improving Performance. Ottawa: International Development Research.
Miner, J.B. (2002). Organizational Behavior: Foundations, Theories, and Analyses. Oxford.
Pheysey, D.C. (1993). Organizational Cultures: Types and Transformations. New York: Routledge.
This can also lead to feelings of inadequacy and low self-esteem.
It is also noted that religious discrimination can be both overt and covert. Overt discrimination is a more obvious form of discrimination, such as name -- calling and physical intimidation ( Perceived eligious Discrimination and its elationship to Anxiety and Paranoia among Muslim Americans). Covert discrimination is often more insidious and psychologically harmful in that it is suggested by innuendo and veiled remarks that are often less able to be attacked or defended against.
It is also claimed that continued stress as a result of discrimination can lead to mental health problems such as depression and anxiety. However, there is a paucity of research in this area; for instance, "Although the effects of discrimination and hate crimes among various minority member's mental health is documented, no research to date examines the correlates of perceived discrimination among Muslim Americans" (Perceived…
Employment Discrimination Based on Religion, Ethnicity, or Country of Origin. Retrieved from http://www.eeoc.gov/facts/fs-relig_ethnic.html .
DISCRIMINATION BASED ON RELIGION. Retrieved from http://www.oregon.gov/BOLI/CRD/C_Religion.shtml .
Discrimination- Introduction. Retrieved from http://www.compactlaw.co.uk/monster/empf28.html
Discrimination: Religion. Retrieved from http://www.aflcio.org /issues/jobseconomy/workersrights/rightsatwork_e/disc_religion.cfm