...Kim Paper 1 Professor Jack McGrory PA 530 5/23/2015 The Need to Strike Introduction The pubic sector in this country is currently under attack. Wages are stagnating, and benefit plans are getting slashed. It used to be a wide known fact that public sectors employees earn less than private sector employees, but in the public sector you earn better benefits and have better job security. This is no longer the case as Republican led legislators are fighting to cut public sector benefits and the right of public sector employees to collectively bargain. Public sector unions are still very strong, and the union members need to trust these unions to bargain for them. To put the union topic in perspective, back in 1974, most of the biggest unions--except for the National Education Association--were private-sector unions. However, by 2007, most of the biggest unions were public-sector union. Second, both the biggest union in 2007 (the NEA) and the fifth-biggest union in 2007 (the UFCW) were substantially larger than the first- and fifth-biggest unions in 1974. This trend has shifted as we see almost no private sector unions, and the ones in the public sector constantly under attack. Throughout this paper, I will argue for the need for public sector employees to be allowed to strike as part of the negotiation process. I will also go over the history of collectively bargaining laws, how they apply to the public sector, and talk about unions in general throughout the process. ...
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...530 Should Public Employees be allowed to strike? Strikes are a movement by employees when they feel their labor is being unappreciated or there is a wrong doing with their pay and possibly retirement plan. This will cause employees to band together and strike. A strike is when employees refuse to do the work that their employer has asked of them. It is usually the last step in labor management negotiations and is something that both sides typically want to avoid. Since when employees go on a strike both sides lose out on something. Employees do not get paid and the employers do not get their productivity done. In history, public employees never had the right to strike and they never struck before the 1960’s. That is the movement that they began to fight for their rights as public employees and it caused a major movement for public employees to stand up for themselves and fight back against the union that was violating their rights as public employees. Until the late 1960s, public employee strikes were illegal in every jurisdiction in the U.S. Yet when the idea took hold and the context was right, hundreds of thousands of public workers struck anyway, violating state laws and court injunctions. And they generally won—achieving recognition and good contracts, and forcing lawmakers to amend state laws to permit public employee bargaining. - See more at: http://labornotes.org/2014/06/inspiration-look-history-public-worker-strikes#sthash.G0co1ed1.dpuf Public employee...
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...a) Either party can terminate at any time C. Exceptions 1. Limited statutory exceptions to employment at will 2. Unions a) If in one, may only be fired for just cause under labor K Wrongful Discharge Cause of Actions A. Common Law 1. Can’t order reinstatement if employees are fired and they sue for breach of K 2. Reinstatement is a traditional remedy only under statute B. California Causes of Action 1. Generally a) Tort claims—get damages including emotional distress, punitive damages. 1) Can’t get those through breach of K 2) Easier to find a lawyer to take case under tort claims b) Whistle blowing 1) Under statute, must complain to a govm’t official, not just internally c) Affects private employees 1) Public employees can’t be deprived of their jobs without due process and just cause 2. Discharge in violation of public policy a) Employee can have tort action if fired in violation of public policy b) Must be fundamental public policy violated, or policy tethered to a statute c) SOL—one year 3. Implied/Express K a) May sue for breach of K if companies behavior gives implied promise that he can only be fired for good cause b) Needs sufficient facts—this COA is fact sensitive...
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...labor unions is that most of them are enterprise unions, in other words they are attached to a company, while in France they speak in the name of an occupation or an industry as a whole. That is why labor unions are an important feature of the management system in Japan. In response to the 1950s and 1960s’ huge waves of labor protests and struggles, union leaders relationships operated a shift from confrontation to cooperation and collaboration. In the same time, to resolve the problem of stagnating productivity, the companies started to follow the guidance of the Japan Productivity Center by improving the relationship between workers and management. The establishment of this relationship of trust led to a decrease in the number of strikes, as it enabled both parties to reach an agreement without using force . Thanks to this relationship of collaboration, most management executives have a high opinion of the labor union, and think it contributes to the...
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...Apprentices picked up their knowledge of the trade from masters. Industrial unions tend to take a different direction than craft unions. These type of unions are geared towards industrial sectors, which usually include transportation or food services. The International Brotherhood of Teamster’s just happens to be the largest industrial union in the United States of America. The first industrial union job was perceived to be long hauling. Unions struggle not only with race, but also gender. Labor and labor organizations were typically viewed as a masculine work environment since it required physical labor. The unity of the AFL and the CIO in 1955 brought upon a more masculine image involving two muscular arms shaking hands. World War II allowed women to enter labor jobs since men were out fighting the war. However, it did not change the masculinity of the work force; instead it showed women being just as muscular as men. Propaganda posters around this time started to appear. These posters depicted a woman by the name of Rosie, who would be in denim attire and a red headband. She would be flexing her bicep with a caption above stating “We...
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...can all learn from the bus strike Against the backdrop of the now famous bus strike, there have been efforts undertaken by the following parties: The Singapore Government calling on all parties to voice their grievances through the appropriate channels and a flurry of measures adopted by SMRT in response to public and government sentiment. Whilst the reactions and actions undertaken after the strike are laudable, one can’t help but express concern that the underlying issues of wages, worker’s living conditions and a clear lack of communication channels between all relevant parties have surfaced only via the drastic action of a strike. Indeed, all parties involved have to clearly reflect on the events of the past week and do their utmost to prevent future occurrences of such incidents. Complacency setting in Citing how strikes would affect workforce productivity and deter potential investors, the Singapore Government has long taken a dim view towards strikes and strikes have been few and far between throughout the annals of Singapore’s history. This has and still must be the key driving policy: A zero tolerance towards illegal strikes. In an attempt to maintain the welfare of general workers in Singapore, the National Union Trade Congress, businesses and National Employer’s Federation had been established. Tripartism was vaunted as the the way to progress and to cultivate the symbiotic relationship between businesses, employers and employees. Indeed, the system of tripartism...
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...Right- to- Work When it comes to unionization in the workplace there are many policies in position to protect the worker, not only from the employer but from the union itself. One of these laws is called the right- to- work law which was brought on by the signing of the Taft- Hartley Act of 1947. There are 22 states in the U.S. that have right- to- work laws and in this paper I will be discussing what this means and whether or not it is a desirable public policy. I will also cover what it means to the employee, employer and the union. I’m going to start by defining what right- to- work means. Some people may misinterpret the meaning by thinking that it means that every person is ensured work or may be fired for any reason. This in fact is closer to the meaning of at will employment. This doesn’t ensure work but it does give the employer or employee the right to terminate at any time for any reason as long as it does not violate any laws. The purpose of right- to- work laws is to protect the employee by stating that you do not have to be part of a union to work for a certain company. So what exactly does right- to- work mean? According to the Mackinac Center, Right to Work facts authors Washburne and Kersey: “Right- to- Work is a state law that prohibits employers and unions from requiring an employee to pay dues or fees to a union in order to keep his or her job. While right- to- work laws do NOT allow individual workers to negotiate their own contracts, they...
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...to Air India Submitted By : Sapana Sarawagi (MS-49) Sonam Gensapa (MS-52) Sandeep Jorasia ( MS-46) Case: Air India employees go on a strike after their grievances regarding parity in wages, delay in payment of their salaries and issues relating to working conditions could not be resolved. Currently the issue is going on as they have threatened to go on a strike on March 9, 2011. Background: In May 2007, India's Ministry of Civil Aviation announced that Air India Limited (AI), India's national flag carrier and Indian Airlines Limited (IA), the government owned domestic airline, would merge with effect from July 15, 2007.1 The new airline formed by the merger was to be called 'Air India,' and would operate in both the domestic and international sectors. The AI-IA merger was expected to create one of the biggest airlines in the world in terms of the fleet size. According to information posted on IA's website, the increasingly intense competition faced by AI and IA from private and global airline companies, was the main reason for the merger of the two airlines. . However, the proposed merger was not without its share of critics. Initially there was opposition from the employees of the two airlines as they feared that the merger would result in job cuts. The Aviation Minister, Praful Patel, had allayed their fears and assured the employees unions of the two airlines that employment conditions, wages, seniority and career progression, would largely remain unchanged...
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...Walker, were crushed to death by a faulty garbage truck compactor to stay out of the rain (“Martin Luther King Jr”). The City of Memphis, under Mayor Henry Loeb, in order to preserve money in the economy, had continued to use this old and outdated machinery in the Public Works Department when it should have been discarded (Honey). “The city paid most of its 1,300 sanitation workers a minimum wage of one dollar and sixty cents per hour; they worked until their routes were done, often putting in sixty hours a week at forty hours of pay” (Honey). The wages of these workers were so low that they were forced to live on welfare as well as food stamps to simply live day to day and feed their families (“Sanitation Workers Strike”). The city provided unskilled black workers with no job benefits, no access to supervisory jobs, no rights or respect and minimal health coverage. The families of both Cole and Walker received only small payments from the city government who claimed that the employees were not covered by Tennessee’s workmen’s compensation law (“Memphis, Tennessee”). In another occurrence on February 1, also due to the weather, 22 black sewer workers were sent home without pay while their white supervisors were allowed to work for the day earning their usual wages (“Martin...
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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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...change labor reform. The Act was passed in the middle of the Great Depression to stop legal and judicial barriers preventing workers to organize unions in the United States ("Norris-La Guardia Act | United States [1932] | Britannica.com," n.d.). Employers used to make the potential worker sign yellow-dog contracts that stated if they were to join a union they would be terminated from their job, this became illegal with the passing of the new legislation. Before the Act was passed the law and courts always sided with the employer issuing injunctions prohibiting workers from going on strike and picketing ("Norris-La Guardia Act | United States [1932] | Britannica.com," n.d.)....
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...Introduction This paper will talk about the employment relations from two perspectives, a unitatist perspective and a pluralist perspective, and then make an analysis of the Australian Waterfront Dispute 1997-1998 from these two perspectives. In order to make clear the changes of the stevedoring industry in Australia, one has to understand the disputes occurred between 1997 and 1998. These disputes were not simple because they demonstrated the employment relations in the industry or even the whole economy (Trinca and Davies, 2000). Thus, what is the Australian Waterfront Dispute 1997-1998? And how it happens and changes? About these two questions, the paper will give a clear outline on the changes and related issues of the Dispute in its third part. And to be in accordance with the question requirements, the paper will also tackle what are unitarist and pluralist perspectives in the second part. The detailed information about these two perspectives are based on the PPTs in class and related theories, as well as some philosophical ideas. After clarifying the two perspectives, making an analysis of the Australian Waterfront Dispute 1997-1998 is essential to answer the question. As mentioned, this section will be included in the third part. Now it comes to the last part, the conclusion part. In this part, the paper will give an overall evaluation on the two perspectives in the process of dispute changes, and show the author’s standpoint on this issue. Analysis of Australian...
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...After the Civil War and Reconstruction, the United States experienced an influx of immigrants. The arrival of more immigrants contributed to the rapidly growing industrial era as well as the population. Farmers moved out west to get away from the growing cities and to find more land to produce food and products for the growing population. The Homestead Act enabled more farmers to move out west in hopes of having a better life. The General Land Office gave away 160 acres of land to anyone who was willing to live on the land for five years. Once the five-year period ended the settlers were able to purchase the land. The construction of the Transcontinental Railroad also enabled farmers to move out west. The railroads allowed the farmers to send their crops to markets on the coast where third parties were in charge of actually selling the crops. One big issue for the farmers was economic decline. Farmers were often victims of steep price drops and low profitability. Western farmers blamed the economic decline on multiple factors. Farmers blamed the railroads for high freight rates, banks for charging high interest rates on loans, monopolies held on grain silos, and third party middlemen. Middlemen were responsible for selling the farmer’s goods at the markets on the eastern coast. These middlemen often took a majority of the farmer’s profit as the stated in the Declaration of Purposes of...
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...Target, justifies his company’s antiunion philosophy by saying that Target “simply doesn’t believe that third-party representation would add anything for our customers, our employees, or our shareholders. We just do not believe it’s productive and adds value.” Using information from chapter 6, evaluate this position. Target has built a reputation of being a high end discounted retail store that caters towards the urban trendsetting families. When a consumer hears the name of Target Stores, the association with low wages or anti-union statements typical do not come to mind. The statement made by CEO Bob Ulrich and the company’s antiunion philosophy is a common feeling most organization have towards unions. The company is entitled to have such viewpoints and has the authority to express them freely as long as the company does not participate in unfair labor practices that will intimidate an employee’s legal right of inquiring into unions. Target has a right to be vocal about the organization’s stance and sway employees not to join a union. The biggest reason for employees to form unions is collectively, “employees feel their employer is treating them unfairly and a union can change that (Mitchell & Simpson, 2009). In fact, employers have greater supremacy to improve workplace conditions sooner, then employees implementing a union. As organizations continues to increase employee benefits such as work-life balance, competitive pay, along with the comprehensive study of employee...
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...previous date, there have been nearly 40 indictments on these union officials that we trust to look out and support this nation’s hard working employees. Although the labor union’s original intent was to protect the common interests of workers, as shown by the labor union’s beginning roots, but by the time of President John F. Kennedy’s presidency, labor union officials stopped caring about the worker and started caring more about lining their own pockets. Today they continue to support their own interests by their continued pilfering of union dues and pension plans, as evidenced by my own experience, as well as their increased affiliation with political affiliates that will help them continue to gain power. Originally, the labor movement began when the National Labor Union succeeded in limiting the number of hours in a workday to eight hours for federal employees; however, they couldn’t do the same for private sector workers (Cussen). In 1914, Congress passed the Clayton Antitrust Act of 1914 that allowed employees to strike those they work for (Reeher). It was during the Great Depression when the unions grew very strong under President Roosevelt’s New Deal Policy (Miller). As the economy grew worse, membership in unions increased as workers looked for jobs and the protection of those jobs through the local trade unions. This history allowed the unions to fight for...
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