...Labor Laws and Unions During week two of the class, the individual paper will give a brief background on United Auto Workers Union. It will discuss the legal issues and obstacles that it has or may encounter. This paper will discuss which federal, state, or local laws that could be broken due to the legal issues that has happen. The author will discuss the effects of the union by answering these following questions: What are the organization’s benefits of joining a union, what is the unionization process, how does a union bargain, and what effects does union bargaining have on the organization. The United Auto Worker (UAW) represents workers in the United States and Puerto Rico, and formerly in Canada. It was founded in 1930’s as part of the Congress of Industrial Organizations (CIO). From 1936 to 1950’s UAW grew rapidly; under the leadership of Walter Reuther it had a major role in the liberal wing of the Democratic Party, which include the civil rights and anti-communist movements. According to (UAW, 2010) UAW has more than 390,000 active members and more than 600,000 retired members. A majority of the union’s retirees stay actively involved in the life of their union, which they participate in 703 retiree chapters and play a vital role in the UAW’s community action program (UAW, 2010). The legal issues and obstacles that UAW faced was in the early years the union found itself face to face with the law by promoting wildcat strikes and work stoppages. According to US Supreme...
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...The Enforcement of Rights under Collective Agreement Introduction Historically, the relations between employers and employees were accompanied by numerous conflicts which were determined by natural factors. In fact, the conflicts between the management and employees were and still are inevitable since, even thought they work in the same organizations, they still have different purposes. It is obvious that the major goal of employees is to get the maximum payment for their labor and to have guarantees of social protection in case of some accidents, illnesses, retirement, etc. while managers and the owners of companies attempt to get the maximum profit from their organizations exploiting employees possibly reducing the cost of the labor force and increasing the effectiveness and productivity of labor. As a result, the functioning of both parties within the same organizations is based on different approaches to the job each of the parties does. No wonder such a difference leads to the numerous conflicts when one of the parties or both want to protect their own interests since this inevitably affects the interests of the opposing party. In such a situation, the necessity to develop some common rules of the game is obvious. This is why in the course of the development of relationships between employers and employees the legal basis of their relations was created. In this respect, it is necessary to underline that employees, being initially in a deprived position, attempt to protect...
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...August 30, 2012 So we are now in the contents of CBA. The implementing rules allow a multiple employer bargaining in such a case there will be as many CBA as there are employers. There common provisions but there are also specific provisions in which case there will be one instrument containing several collective bargaining agreements, in which case the ratification must be fulfilled as to each bargaining unit. If there is one BU that does not ratify the multiple employers CBA, what happens? That part of the CBA will not be effective, that part of the instrument will be taken out. So, you have to make a differentiation as to the instrument and the agreement. The agreement is separate and distinct from the instrument, so if you have multiple employers the title would not collective bargaining agreement but collective bargaining agreements. That is why these provisions in the implementing rules of multiple-employer are easier said than done. Multiple CBA saun lang sultihon lisod buhaton. Single enterprise bargaining, multiple employer bargaining you will find that in Rule 16 Section 3 up to Section 7 Book V of the implementing rules. Look at section 7 it says: The two signed copies of the CBA which will be multi-employer bargaining shall be posted for at least 5 days in two conspicuous areas in each work place of the employer units concerned, the said CBA shall affect only those employees in the BU who have ratified it | The same CBA with the department in accordance...
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...(Flynn) -white paper 1994 -white paper Delors -green paper 2006 interactions between union and member states *Regulation *De-regulation(beer Shirac) *Coordination *Financial support *Harmonisation(?) *Eu Social Law (TFE, TEU, Charter fund rights) *directives *Soft law Title X Social policy TFEU -art. 151/152 -art. 153(working, social security and protections, repres and col defense) qualified majority voting/ unanimity -excluded *Collective labour law vs individual labour law(s anc cb: collective) -social dialogue -collective bargaining -Jacques Delors – Val Duchesse process - European trade union confederation - Maastricht Treaty (2 art. Annex) -Business Europe/ CEEP /UEAPME / ETUC - better enforced - 3 conditions: legal infras. /institutional i./practice of industrial relations - biggest proble: inst and legal structure legal inf? * Art. 154: compulsory consultation and power to intervene(agr.soc partners) * Art. 155: vervolg and power to intervene (Implementing European-wide agreements two ways) * National practice to implement...
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...Lyceum of the Philippines University - Batangas Graduate School | Employment Rights | Trends and Issues | | Ma Chere Gracita C. Reyes-Bilog | 04/25/2015 | Name: Ma Chere Gracita C. Reyes-Bilog C/Y/S: Masters in Business Administration S/T/R/D: MBA 518 / 1-4 PM / SHL 203 / Sat Professor: Dr. Leon R. Ramos, Jr. | Abstract Objectives: A. Cognitive: Identify the different rights of an employee. B. Affective: Develop a better understanding of the rights of the employee. C. Psychomotor: Apply the concepts to real-life situations and work conditions and be guided by the knowledge acquired in developing good corporate governance policies relating the rights of the employees. Definition of terms: Authorized Causes refers to the grounds of dismissal s to the grounds of dismissal that are allowed by law on grounds of business or organizational necessity (Atienza, 2004). Casual Employment refers employment which is neither regular, nor for a fixed period nor seasonal (Labor Code). It is one where an employee is engaged to perform a job, work or service which is merely incidental to the business of the employer, and such ob, work or service, is for a definite period made known to the employer at the time of the employment (Omnibus Rules Implementing the Labor Code). Constitution refers to the standard of validity for all acts, both public and private. It is a written instrument that serves as the fundamental or supreme law of the land (Carmelo...
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... Sunshine laws When negotiations are a concern to the general public, citizens have the right to know what is going on. These laws require parties in public-sector labor relations to make contract negotiations open to the public. National Labor Relations Act/date (Wagner Act) Also known as the National Labor Relations Act of 1935, this act gave employees the right to form and join unions and to engage in collective bargaining. Ex. Wages, hours, and terms and conditions of employment National Labor Relations Board (NLRB) Consists of 5 members appointed by the president; Established to administer and interpret the Wagner Act, the NLRB has primary responsibility for conducting union representation elections. They only have remedial and not punitive powers. NLRB vs Bildisco & Bildisco/date 1984; The Supreme Court upheld a company’s right to file bankruptcy and have a labor contract nullified. Later legislation gives requirements for companies to set aside a labor agreement. Union busting an attempt by an employer to break and remove a trade union in order to secure a non-union workforce. Union avoidance Representation certification (RC) The election process whereby employees vote in a union as their representatives. Occurs once every 12 months. Representation decertification (RD) The election process whereby union members vote out their union as their representative. If majority of the members vote the union out, it’s gone. Injunction a court order to cease...
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...Herzberg (intrinsic and extrinsic), the Adams’ Equity Theory of motivation states that positive outcomes and high levels of motivation can be expected only when people perceive their treatment to be fair. A person can develop a belief of inequity when assessing whether they have received adequate compensation for their contribution (Kreitner & Kinicki, 2010). So it goes, when people feel fairly or advantageously treated they are more likely to be motivated; when they feel unfairly treated they are highly prone to feelings of cynicism and dissuasion. The way that people measure this sense of fairness is at the heart of Equity Theory. Mr. Bailey’s perception of inequity is identified in his concern over the financial strength of the symphony vs. the opera. The opera has reserves and is financially stable whereas the symphony has not reached its fund-raising goals and has a more inflexible schedule than the opera. He also has concern that the opera would lose its identity. 2. Scott Parker, chairman of the board of the Utah Symphony wants to convince Mrs. Abravenal to support the merger. One way to do this might be appeal to Mrs. Abravenal’s need for esteem. Maslow noted two versions of esteem needs, a lower one and a higher one. The lower one is the need for the respect of others, the need for status, fame, glory, recognition, attention, reputation, appreciation, dignity, even dominance. Mrs. Abravenal is concerned that the merger will in some way diminish her husband’s...
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...ISSUE WHETHER OR NOT COMPLAINANT WAS ILLEGALLY CONSTRUCTIVELY DISMISSED GOOD MORNING TO MY DEAREST HONOR! I AM BENGIE S. CATEQUISTA; I AM A LAWYER OF THE FOUR COMPLAINANTS MR. TOLENTINO P. GATELA, MR. WILSON L. MABAO, MR. JONARY C. BENGAN AND MR. ELY T. BERNARDO. TO MY HONOR I HAVE LETTER OF ISSUE ABOUT TO MY COMPLAINANTS, WHY THEY ARE CALLED ILLEGALLY CONSTRUCTIVELY DISMISSED, BECAUSE MY COMPLAINANTS THEY ARE REGULAR EMPLOYEE OF HEREIN RESPONDENT COMPANY AND INDIVIDUAL MEMBER OF THE BUKLURAN NG MANGGAGAWANG PILIPINO (BMP), A TRADE UNION POLITICAL CENTER DULY REGISTERED BEFORE THE DEPARTMENT OF LABOR AND EMPLOYMENT. EVENTHOUGH THE COMPLAINANTS THEY CANNOT SIGN HAVE CONTRACTED BUT THEY HAVE MORE PAPERS TO PROVE THE COMPLAINANTS THEY ARE ILLEGALLY CONSTRUCTIVELY DISMISSED. THEY HAVE XEROX COPIES OF COMPLAINANTS’ TIME CARDS; COPIES OF THE PAYROLLS ARE IN THE CUSTODY OF THE RESPONDENT COMPANY AND PAY SLIPS. AS A LAWYER THAT ARE NOT ONLY A PROVEN TO MY COMPLAINANTS. BECAUSE THEY HAVE RELATIONSHIP EMPLOYER TO EMPLOYEE, THE FOUR ELEMENTS MOST IMPORTANT IS RIGHT OF CONTROL TEST, WHY? BECAUSE THE COMPLAINANTS EVENTHOUGH THEY WILL NOT TO SIGN OF CONTRACT BUT THEY WORK ARE OKEY UNTIL END OF WORK OF THE COMPANY SO THEY HAVE GOOD RELATIONSHIP EMPLOYER TO EMPLOYEE. ACCORDING ARTICLE 280 THE COMPLAINANTS ARE REGULAR EMPLOYEE. AND ALSO INDEPENDENT CONTRACTOR CAUSE THEY WILL NOT SIGN OF CONTRACT, ARTICLE 279 SECURITY OF TENURE, ARTICLE 281 PROBATIONARY EMPLOYMENTS AND FOOTNOTES. BECAUSE THE...
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...Legal Obligations Arising From the Employment Relationship Shelena McClinton HRM 546 November 12, 2012 David Cory Legal Obligations Arising From the Employment Relationship The privacy of the individual is the most important right. Without privacy, the democratic system that we know would not exist. Privacy is one of the fundamental values on which our country was founded. There are exceptions to privacy rights that created by the need for defense and security (MBA Knowledge Base). This paper will discuss legal invasion of privacy method’s that employers can use. The violation of these rights lead employees to form unions to make their voice heard. Health Insurance Cost vs. Privacy The question of whether or not something constitutes discrimination is completely dependent on the evaluator’s point of view. For example, if a person believes that a pre-employment drug screen is discrimination because it is no one’s business if someone has an alcohol or substance abuse problems an employee may have. If an employee is getting his or her job done, it does not matter what he or she is doing in their personal life. On the other hand, if an employee job requires driving for work related business and they drive under the influence. What if they injure someone or he or she need to go to rehab, thus filing numerous insurance claims, would it have been nice to know the potential risk before hiring? Companies are always looking for ways to reduce cost; this forces employer...
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...Chapter 5 COLLECTIVE BARGAINING: LEVELS AND COVERAGE* A. INTRODUCTION AND MAIN FINDINGS Industrial relations systems, operating at national, sectoral and local levels, play an important role in determining economic and labour market performance. They constitute a “web of rules” relating economic agents who, while pursuing their self-interests, generally find it beneficial to reach a degree of consent and some form of (more or less conflictual) co-operation. In providing procedures for consensus-building and conflict resolution, these arrangcments are shaped by specific national legislation and labour market conditions, and by each country’s prevailing attitudes towards work, conflict and co-operation. There are many ways to analyse systems of labour relations in OECD countries. For example, Chapter 4 of the 1991 Employment Outlook examined trade union density (the proportion of workers who are union members), and noted widely differing rates of unionisation across countries, ranging from around 10 per cent in France to over 80 per cent in Sweden. Union density is just one indicator of the character of a country’s industrial relations system. The extent to which employees are covered by collectivc agrccments concluded at various levels - national, regional, sectoral or company - is another important feature of the system by which wages and other employment conditions are set. In many countriec, workers who are not union members are in fact - through extension and enlargement...
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...MANAGEMENT ADVANCEMENT PROGRAMME 120 LABOUR RELATIONS INDIVIDUAL ASSIGNMENT Facilitator : Mrs Vanessa Botha Student Name : Carine Sanama Student Number: 1311024 Date : Monday 29 June 2015 Words Count: 1189 Table of Contents i. Executive Summary ii. Introduction and Background iii. Literature Review a. Definition of Terms b. The Evolution of the South African Labour Relations : Pre and Post-Apartheid c. The right to strike in South Africa : Legal VS Illegal iv. Discussions v. Conclusion vi. References Appendix 1 I. Executive Summary The rising number of labor strikes in South Africa should be a wake-up call the government. They should take the following into consideration so the improve on the country socio-economic state: First, look at labor markets with a renewed interest to revise laws governing the role and powers accorded to collective bargaining unions with a view to streamline them. Second, revise minimum wages, wage increases and dispute resolution policies in line with the latest economic developments in the country and international standards to ensure fairness and equity. Third, ensure that negotiations involving unions that represent essential emergency professionals do not break down and go to strike since people’s lives could be at stake. Finally, deliberately incorporate wage increase policies in the national budgeting process. These reforms would go a long way in minimizing the growing number of strikes...
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...BY: Travis Jones 1.) Define and discuss the term “collective bargaining.” Include and discuss [showing relevance or applicability] a current web-based item/magazine article about a real life example of a collective bargaining action. Write a succinct and complete summary on the contents of the article you’ve provided along with your critical comments about that article. Support your findings with reference research. When the system is working effectively, efficiency, equity, and voice are achieved through collective bargaining. In collective bargaining, representatives of the employer and the employees negotiate the terms and conditions of employment that will apply to the employees. (txt book CH1 pg.18). New Farmer Health Insurance Relies On Collective Bargaining MADISON, Wis. (AP)--A new group health insurance program for Wisconsin farmers is the first of its kind in the country and will serve as a model for others to follow, designers of the plan said. The program promises to offer comprehensive insurance plans at cheaper rates than farmers could get on their own and with more extensive coverage and benefits. "People are waiting in the agricultural community for an option like this that will provide the health care they deserve," said Sandi Cihlar, 57, a dairy farmer in Mosinee, who attended Monday's news conference announcing the plan. The Farmers' Health Cooperative of Wisconsin relies on the collective bargaining power of the state's farmers and agri-businesses...
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...struggles of billionaires vs. millionaires; both players and owners are competing for human capital by trying to capture the loyalty of the fans. They do this fully aware that the $9 billion dollars they are wrangling over comes from the fans. The same Fans who attend games, buy jerseys, and sit-through television ads. Do this with the expectation that everyone plays by the same rules, and that the game they love, will be back next year. “For many years, the collectively bargained system—which has given the players union enhanced free agency and capped the amount that owners spend on salaries—has worked enormously well for the NFL, for NFL players, and for NFL fans.” Goodell’s first argument is clear, that the status quo has worked out “enormously well” for every party involved. Unfortunately this argument is problematic, given that it was actually the NFL whom decided to opt out of the collective bargaining agreement (CBA). In 2008 the Owners voted unanimously to exit the CBA after the 2010 season, even though the 2006 extension would have been valid through the 2012 season. The Owners shortened the deal by two years because they believed the players were receiving too much of the NFL’s adjusted gross revenues. From the beginning of his Op-ed article, Goodell’s begins to imply that it was the NFL Players Association (NFLPA) that walked out of the existing agreement when in actuality, the NFLPA offered to continue to operate under the CBA until a new agreement could be negotiated;...
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...then redefine ourselves and our goals. Process The career planning process has four steps: Step 1: knowing yourself Step 2: finding out Step 3: making decisions Step 4: taking action Step 1: knowing yourself Begin by thinking about where you are now, where you want to be and how you’re going to get there. Once you have thought about where you are at now and where you want to be, you can work on getting to know your skills, interests and values. Begin by asking yourself the following questions: Where am I at now? Where do I want to be? What do I want out of a job or career? What do I like to do? What are my strengths? What is important to me? At the end of this step you will have a clearer idea of your work or learning goal and your individual preferences. You can use this information about yourself as your personal ‘wish list’ against which you can compare all the information you gather in Step 2: finding out. Your personal preferences are very useful for helping you choose your best option at this point in time, which you can do in Step 3: making decisions. Step 2: finding out This step is about exploring the occupations and learning areas that interest you. Once you have some idea of your occupational preferences you can research the specific skills and qualifications required for those occupations. Explore occupations that interest you and ask yourself how do my...
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...Law and its application for settlement of disputes (highlights on ADR) Lecture |Largely ADR | |Two categories | Informal & indigenous mode of ADR formal or court-annexed ADR (As old as the society itself) (Since the decades of 17th in USA) USA-since 1970s, public talk- against civil justice system because of excessive delay, expense, inflexibility and technicality In a speech in 1976, Warren Burger (CJ) of USA discussed with the problem of delay, high costs unnecessarily expenses and diminish the velue of the judgment. CJ made several suggestions –reform, including giving a greater role to ADR. He urged for “divert litigation to other channels”, particularly the channel of Arbitration. ‘Multi-door Courthouse’ Burger Harvard (law professor) Frank E.A Sander proposed that court be transformed into “dispute resolution centers”, in which ‘the grievance would first be channeled through a screening clerk who would then direct him to the process most appropriate to his types of cases. The ‘dispute resolution centers’ would have a separate room for screening, mediation, arbitration, fact finding, malpractice, a civil court and an ombudsman. ADR history in Bangladesh (To be traced two different view points) 1. History of informal (shalish) and quasi-formal (village court) ADR: Informal ADR is as old as the society itself. Shalish is a non-state justice system and a reformed version of shalish is being...
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