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Running Head: COLLECTIVE BARGAINING

Collective Bargaining Paper

MMHRM591/Human Resources Seminar in Problem Solving

Danielle A. Williams

Collective Bargaining Paper Companies have created environments where employees are working hard but employees are not achieving progress in the area of money and benefits they would like to earn. The establishing of unions assisted in creating a platform for individuals to voice concerns and issues to employers to create a better work environment and benefits that employers offer to employees. The Wagner Act of 1935 gave employees the right to organize unions, bargain collectively with employers, and engage in other concerted actions for the purpose of mutual protection. The Norris–La Guardia Act had previously granted these rights the Wagner Act went further and required employers to recognize unions chosen by employees and to bargain with unions in good faith. The Taft-Hartley Act placed the federal government in a position to ensure that union-management relations are conducted fairly by both parties. The act allowed employees the right to organize a union, bargain collectively with an employer, and engage in other concerted activities for the purpose of collective bargaining. Major provisions of the Taft-Hartley Act established a number of unfair union practices unions are not able to coerce employees who do not want to join, force employers to pressure employees to join a union, refuse to bargain in good faith with an employer, force an employer to pay for services not performed (featherbedding). Engage in certain types of secondary boycotts (taking action against an employer that is not directly engaged in a dispute with a union) or Charge excessive initiation fees when union membership is required because of a union shop agreement. A union shop agreement requires employees to join the union and remain members as a condition of employment (Byars & Rue, 2004). The role of the National Labor Relations Board (NLRB) is to safeguard employees' rights to organize and to determine whether to have unions as their bargaining representative and in place to remedy any unfair labor practices initiated by private sectors and unions. The board consists of a five member panel appointed by the president of the United States. Each member serves for a five-year term. One of the five is appointed as board chairperson by the president with Senate confirmation (Byars & Rue, 2004). The board intervenes in labor activities when a request has been filed with one of the NLRB offices. Section 14 (b) of the Taft-Hartley Act is known as the Right to Work Law. There are 21 states that uphold the Right to Work Law these states are Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Iowa, Kansas, Louisiana, Mississippi, Nebraska, Nevada, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and Wyoming. The law states that an individual cannot be forced as a condition of employment to join or not to join a union or pay dues to a labor union. (Byars & Rue, 2004). There are several reasons why individuals make the decision to join a union it can be to resolve unfair treatment by management, employees want higher compensation, unions offer stronger benefit packages and retirement then there employer.
The right to work law allows for an individual to be part of the union but this individual is not required to pay dues. This presents a problem because it assists in the decline of union membership and it is viewed as individuals receiving a free ride while enjoying benefits. In any case when we discuss forming unions there are administrative departments that assist in the operation of that organization. Normally the human resource department serves as management's primary representative in all aspects of the collective bargaining process (Cascio, 2003). The National Labor Relations Act (NLRA) describes the role that HR professionals play in collective bargaining. Individuals assist in avoiding company strikes while acting as a liaison for the company to communicate with employee representatives to bargain or negotiate issues existing within the organization. Conditions that lead to collective bargaining are technological change and increased use of automation, changing government regulations, rising foreign competition, the decline in the percentage of blue-collar employees, and high rates of unemployment are just some of the variables that influence the collective bargaining process (Byars & Rue, 2004). There are industries within the private sector that are characterized by collective bargaining. These industries include automobile manufacturing companies, hotels/casinos and the food industry within the public sector that are not characterized by collective bargaining are independent associations that work on the state or local level and firefighter/police organizations. Within the automobile industry individuals were subject to laboring long hours while being compensated fairly low wages as unions were brought in to establish better working conditions collective bargaining has helped in establishing multi-year contracts, wage increases and various employee work programs. Collective bargaining is prevalent within the hotel/casinos and food industries in relation to the automobile industry these individuals work long hours while facing the issues of low wages and minimal benefits. The key characteristics are that individuals employed within these industries face the same issues which are working for minimum pay and benefits. Industries that are not collectively bargained are paying decent wages to employees while being able to offer retirement and health benefits. Unions are more than likely not visible within these industries as they are within the other mentioned industries. My current organization has employees that are part of two unions and I see both sides of how being in a union helps the business and how it can hinder the business. In a time where the economy has slowed down has put us in a position where we are feeling the financial pinch of being part of the union. Regardless if we are working on outside projects or not we are responsible for paying monthly dues to these unions. This hurts the business because we are not on projects at the present time where we are making a huge financial return so we are still paying out money. As the economy picks up we hope to see a surge in construction projects where we can begin to bid on projects where we will see a profit. Being a part of the union is both good and bad for my company but our line of business is going to shift depending on the economy which we have seen a major set back in the past year but employees are happy with benefits they are receiving through the union. Overall, collective bargaining involves the negotiation, drafting, administration, and interpretation of a written agreement between an employer and a union for a specific period of time. This a way for employees to receive better wages, benefits and retirement there are several types of bargaining that have a place within the work arena that help employees achieve fair compensation.

References
Byars, Lloyd L. & Rue, Leslie W. (2004). Human Resource Management (7th ed.). New York: McGraw-Hill.
Cascio, Wayne. (2003). Managing Human Resources (6th ed.). New York: McGraw-Hill.

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