...the article, Complying with U.S. Labor Relations Laws in Non-Union Settings written by Gene Thornton. The article discusses the significance of the National Labor Relations Act (NLRA) or Wagner Act regulated by the National Labor Relations Board (NLRB). The NLRA is a federal law that protects employee’s right to organize and engage in concerted activities and bargain with their employers. Furthermore, unions can have a sizeable effect on both unionized and non-unionized employees; in addition, to their pay and employment. The article continues to discuss more about how employees and their rights are protected while in the union. Under the NLRA, all private organizations are prohibited from interfering in unfair labor practices and detail and explain employee rights in section 7. Section 7 states that all employees have the right to join or refrain from joining labor organizations and collectively bargain in the United States (Thornton, 2011). Even if a business crosses state lines the employees are still protected or have the right to join or not join a union; this is covered according to article one, section 8 (commerce clause) of the U.S. Constitution. On the other hand, in non-union settings that include agricultural workers, supervisors, independent contractors, and domestic workers are not cover under the Wagner Act or the Taft-Hartley Act (Labor Management Relations Act - LMRA). The federal workers are not even cover under these acts; their protection or rights fall...
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...The Transcontinental Railroad was the first railroad that spanned the nation from east to west. The railroad was comprised of the Central Pacific and the Union Pacific railroad companies. Together these two railroads were able to bring the nation together, and the railroads contributed to the economic success of a growing nation. In 1839, the Corps of Topographical Engineers was created as a unit of the United States Army.[1] The purpose of this branch was to explore the continent with the hope of achieving the concept of manifest destiny. In 1853, Congress sent out a group of people to explore the west and to find a suitable route for a transcontinental railroad. However, there were other groups that went out on private expeditions. One of the members of this group was John C. Fremont, who made five major expeditions into the west.[2] Once California became a state in 1850, the government wanted to ensure that California did not break away from the Union.[3] One way to ensure this was to build a transcontinental railroad to provide transportation and communication between the eastern and western states. Since an effective route for the railroad had not been officially decided Congress appointed this job to Jefferson Davis, who was the Secretary of War, on March 3, 1853. Congress gave Davis the task of finding the potential route along four different lines of latitude. The people involved in the expeditions faced many problems including Indian attacks, long journeys...
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...Legal Status of Unions Legal Status of Unions The history of the American labor movement coincides with the development of labor unions in the United States, from the initial local craft unions like the Federal Society of Journeyman Cordwainers (shoemakers), to the formation of national unions such as the National Labor Union (NLU) and the Knights of Labor, creation of the American Federation of Labor (AFL), and the Congress of International Organizations (CIO), the merger of the AFL-CIO, and its breakup through the defection of the national unions that formed the Change to Win (CTW) coalition (Fossum, 2012, pp. 27-34, 53-54). Paralleling the union development was a series of national labor legislation: Railway Labor Act (1926), Norris-LaGuardia Act (1932) legitimizing collective bargaining, National Industrial Recovery Act (1933), ruled unconstitutional in 1935, National Labor Relations Act (Wagner Act, 1935) establishing the National Labor Relations Board (NLRB), Taft-Hartley Act (1947), and Landrum-Griffin Act (1959) (Fossum, 2012, pp. 63-75). This paper will examine this evolution of the legal status of American unions and what union activities were restricted by laws and courts; the major contributing causes to the failure of uplift unionism; advantages and disadvantages of a business union vs. labor political party approach; leading personalities contributing to the definition of labor relations in the United States; and the most effective union leaders during the...
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...Major Labor Laws Name of the Student Class Date Abstract This paper describes provisions of major labor laws and their impact on the organizations and union management relationship. The major that have been discussed are The Railway Labor Act, The Norris-La Guardia Act, The Wagner Act, The Taft-Hartley Act and The Landrum-Griffin Act. The Unions Labors in the U.S. have been long struggled for gaining the strength as well as recognition. Many business managers have been viewed the unions as threat. After all, the major aim of the unions has to pressure the employers for raising the wages as well as improve the working conditions. Introduction The labor unions have been existed even in early days of United States republic. Such early unions had been the local crafted unions, consisting of just some members, who had been worked in similar crafted or skilled occupations. A way unions have been negotiated employment contract has known as the collective bargaining. In the collective bargaining, unions represent their members in the negotiations than having every worker individually negotiate with employer. Before Civil War, the unions were local, small as well as poorly organized. They had big trouble while persuading the employers for negotiating with the union representatives. Besides, the employers mostly directly dealt with every employee. Railway Labor Act The RLA (Railway Labor Act) had been enacted in the year...
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...This paper will discuss important labor laws and litigation that have empowered both the private and public sector employees with regards to an employee’s First and Fifth Amendment rights of the United States Constitution and their obligations to a labor union. The first part of this paper will discuss the Railway Labor Act and its regulation of union membership or dues as requirement of employment in the railroad and transportation industry. The National Mediation Board was established to administer union membership requirements and the collective bargaining process required by the Railway Labor Act. The second part of this paper explores the National Labor Relations Act of 1935 (NLRA; Wagner Act). The NLRA is the key labor law that governs union activities and collective bargaining in the private sector in the United States (Katz, 2008). The NLRA gives private sector unions the right to organize and regulates the private sector collective bargaining process that allows unions to collect Agency Fees. The National Labor Relations Board (NLRB) administers the NLRA. The third part of this paper explores the individual state laws that regulate the public sector right through collective bargaining to negotiate an agency shop agreement between a public agency and its recognized union, specifically California. In California it is the Meyers-Milias-Brown Act of 1968 (MMBA) that governs public sector collective bargaining. The Public Employee Relations Board (PERB) administers the...
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...Human Resources- Exam 4 Occupational Safety and Health ACT of 1970 “FATAL FORM” Falls- 37% Struck by Object- 10% Electrocutions- 9% Caught-in-between- 3% Categories of Violations 1.Other Than Serious- up to $7,000 for each violation 2.Serious- up to $7,000 for each violation 3.Willful- up to $70,000 for each violation minimum penalty of $5000 for each violation 4.Repeated- $70,000 per occurrence OSHA Prosecutions -Past 20 years- OSHA has failed to seek criminal prosecutions against 93% of companies where willful violation resulted in death -Majority of cases deferred to Department of Justice are never prosecuted Reasons for Lack Of Prosecution 1.Killing a worker due to a willful OSHA violation is a misdemeanor not a felony. The DOJ prefers to use limited resources on felonies. 2. Language of OSHA law- only employers can be charged with a claim. The supervisor is not the employer so it is hard to prove willful violation by employer. 3.OSHA investigators are not trained in criminal law. Employee Rights -Employees have rights if guaranteed by law Job Protection Rights -Employment at Will Doctrine -Wrongful Discharge Privacy Rights -Intrusion into employees personal affairs -Electronic Surveillance Access to Personnel Files -No Federal Laws State Laws -Some say employers must tell them of existence of HR File -Right to inspect their file (limit # of times) -Right to correct information -Right to make copies -Former employees a right to inspect...
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...Legal, safety and regulatory requirements on HR process Name Course Instructor Institution Date Safety, legal and regulatory matters have an enormous effect on the human resource because common sense and compassion in the workplace has been replaced by litigations. In the society today, litigation seems to be an increasing greatly and administrators try to create human resource processes that avoid any possible litigation on them and their organizations (Dimond, 2010). I completely agree with the statement “common sense and compassion in the work place has been replaced with litigation.” The number of employee who are attempting to sue or are suing an organization has increased, the reasons why employees are doing this is out of revenge and not for valid reasons. When the economy begins to spiral downwards, there is always a significant increase in litigations in the workplace. The United States is continually making aware of the reduction in the occupations available. Most people have been left unemployed due to the current recession. There is a number of employees who have been laid off from their recent jobs that they expected to have retained. Finding a job security can be hard and most employees fear their financial security. Employees who fail to land another job often choose to sue their recent employer. With an increase in the number of employees who are attempting or suing the organization that they previously worked for, administrators are adjusting the ways...
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...Running Head: Harassment Harassment in the Work Place Celina Delgado English 306 Park University ABSTRACT Sexual Harassment in the workplace can be very critical for an employer. Not only can it ruin the company’s reputation but also it can be left in debt due to lawsuits for cases left unattended. The employer must open their eyes that sexual harassment in fact can happen in any workplace and we should take steps to prevent this from happening. “Sexual harassment is any unwelcome sexual advance or conduct on the job that creates an intimidating hostile or offensive working environment” (Wikipedia 20012). Although I personally feel you see it more in men then in women. Certain laws have been placed so that employees could keep the company in a positive and comfortable environment. In order to keep the workplace comfortable everyone must know exactly what sexual harassment is and threatening it could be not only for the individual but also for the employer. TABLE OF CONTENT Title page 1 Abstract 2 Table of Content 3 What is harassment in the workplace 5 Types of harassment 6 Ramifications of Harassment 7 Surveys 9 Conclusion and Solution 10 References 11 Executive Summary The Purpose for my report is to make you aware of what exactly...
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...Running Head: Harassment Harassment in the Work Place Celina Delgado English 306 Park University ABSTRACT Sexual Harassment in the workplace can be very critical for an employer. Not only can it ruin the company’s reputation but also it can be left in debt due to lawsuits for cases left unattended. The employer must open their eyes that sexual harassment in fact can happen in any workplace and we should take steps to prevent this from happening. “Sexual harassment is any unwelcome sexual advance or conduct on the job that creates an intimidating hostile or offensive working environment” (Wikipedia 20012). Although I personally feel you see it more in men then in women. Certain laws have been placed so that employees could keep the company in a positive and comfortable environment. In order to keep the workplace comfortable everyone must know exactly what sexual harassment is and threatening it could be not only for the individual but also for the employer. TABLE OF CONTENT Title page 1 Abstract 2 Table of Content 3 What is harassment in the workplace 5 Types of harassment 6 Ramifications of Harassment 7 Surveys 9 Conclusion and Solution 10 References 11 Executive Summary The Purpose for my report is to make you aware of what exactly...
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...Major Employee Groups (exempt and non-exempt) that Make up an Organization Julie Lindelien Saint Leo University HRA 562- Compensation: Strategic Perspective [ November 4, 2012 ] Dr. Richardson Abstract A majority of jobs are overseen by the Fair Labor Standards Act (FLSA), while some are not a part of the FLSA coverage by statute of the job. Others jobs are mandated by the FLSA but are considered to be exempt from the FLSA overtime rules (www.flsa.com/coverage.html). The FLSA of 1938 was put into place to addresses issues that had intensified during the depression when the United States was transitioning from one of agriculture to industrial enterprises. Exempt and non-exempt take into consideration the status of an employee in regards to their overtime pay under FLSA and if the employees position does not come under a particular category i.e. administrative, professional, and executive, then that job is considered to be covered by overtime and minimum wage provisions (Martocchio, 2011). Major Employee Groups (exempt and non-exempt) that Make up an Organization Employee groups come under two general headings, those of exempt and non-exempt. Both take into consideration the status of an employee in regards to their overtime pay under FLSA and if the employees job doesn't fall into a certain category i.e. administrative, professional, and executive, then they are generally covered by overtime and minimum wage provisions (Martocchio, 2011). The FLSA was written...
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...LABOR RELATIONS MG420 Kevin Erne Instructor: Stephen Fant Park University Internet Campus A course paper presented to the School for Arts and Sciences and Distance Learning in partial fulfillment of the requirements for the degree of Baccalaureate Labor Relations Park University November, 2012 1. Define the term “collective bargaining” and list and describe four issues that are mandatory components of a collective bargaining agreement. The Cornell University School of Law defines collective bargaining as the process of negotiating the conditions of employment between a group of employees and their employer (Cornell University Law School). In most cases, the employees are represented by a labor organization or union. The union bargains with the employer over such categories as compensation, personnel policies and procedures, employee rights and responsibilities, employer rights and responsibilities, union rights and responsibilities, and dispute resolution and ongoing decision making (Budd, 229-230). If all goes well and all parties involved come to an agreement the result of the negotiations ends with a collective bargaining agreement (CBA). If you were to conduct a Google search for “collective bargaining” your search results would be endless. I ran a search under news and came up with an article in the Huffington Post titled “Michigan Proposal 2: Should Voters Guarantee The Right To Collectively Bargain In the State Constitution...
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...Labor Laws and Unions HRM/531 April 2, 2012 Susan Frear Labor Laws and Unions The United Postal Service (UPS) is a unionized company. A brief background will be given as well as legal issues and obstacles they may encounter, how the federal, state, and local laws could be breached because of the legal issues and why, and recommendations how to mitigate the possible litigation. As a part of the analysis the subsequent questions will be answered what are the benefits of UPS joining the union, what is the unionization process, how do they bargain, and what effects does the bargaining have on the organization. UPS started out as a messenger company in 1907 and has grown into a multibillion dollar corporation (UPS, 2011). Ups is the world largest package delivery company and leading global provider of specialized transportation and logistics services (UPS, 2001).UPS has 185,000 union members and 75,000 non union members. The majority of the UPS union members are a part of the International Brotherhood of Teamsters (IBT) which are a part of the (AFO-CIO) (Proyect, 2012). UPS operates under the National Labor Relations Act (NLRA), commonly known as the Wagner act (Thomas, 2001). Some of the legal issues include the legality of the proposals by UPS to change benefit packages, 2006 legal issue concerning the IBT’s right to designate a representative on a safety committee established by its collective bargaining agreement with UPS, and “The employee Free Choice...
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...Strikes that are covered under the National Labor Relation Act (NLRA) is economic strikes, unfair labor strikes, and jurisdictional strikes. Economic strikes that occur due to disputes between management and employees pertains to wage and benefits (Budd, 2013). Unfair labor strikes carried out by employees and pertain to illegal acts on the part of the employer is covered. In addition, jurisdictional strikes are covered due to unfair assignment of work related tasks in regards to unorganized employees or unions (Budd, 2013). There are unprotected strikes that are not covered by the NLRA. Those groups include airline, railway, government employees, Federal Reserve Bank employees, and political/state. All employee strikes should be treated equally. This will prevent biases in the organizations. Strike Replacements Strike replacement refers to replacing the worker who is on strike (Budd, 2013). Strike replacement is an issue because it commences the hiring of permanent replacement workers pertaining to a strike. Bans on strike replacement assures elimination of the risk pertaining to the conflicting parties. This negates the workers right to strike...
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...Labor Laws and Unions HRM/531 Jan 16 2012 Christine Healy Labor Laws and Unions In the following discussion will be an analysis of UPS (United Postal Service) which is currently unionized consisting of background information, legal issues and obstacles they may encounter, how the federal, state, and local laws could be breached because of the legal issues and why, and recommendations how to mitigate the possible litigation. As a part of the analysis the subsequent questions will be answered what are the benefits of UPS joining the union, what is the unionization process, how do they bargain, and what effects does the bargaining have on the organization. UPS started out as a messenger company in 1907 and has grown into a multibillion dollar corporation ("About Ups Highlights (company History) ", 1994-2012). Ups is the world largest package delivery company and leading global provider of specialized transportation and logistics services ("Company History (timeline)", 1994-2012).UPS has 185,000 union members and 75,000 non union members (). The majority of the UPS union members are a part of the international brotherhood of teamsters (IBT) which are a part of the (AFO-CIO) (Proyect, 2012). UPS operates under the National Labor Relations Act (NLRA, commonly known as the Wagner act.) (Thomas, 2001). Some of the legal issues include the legality of the proposals by UPS to change benefit packages, 2006 legal issue concerning the IBT’s right to designate a representative on...
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...Legal, Safety, and Regulatory Issues HCS 341 April 4, 2011 Abstract Legal, Safety, and regulatory issues all have a large impact on the human resources process as they relate to the statement “Common sense and compassion in the workplace has been replaced by litigation.” In today’s society litigations seem to be an increasing greatly, and administrators do their best to create human resources processes that avoid any possible litigations on them and or their organization. I completely agree with the statement “common sense and compassion in the workplace has been replaced by litigation.” There has been an extremely large increase in the number of employees who either sue or attempt to sue an organization and often out of revenge and not because of a valid reason. It seems that litigations in the workplace increase more as the economy continues to spiral downward. America is constantly made aware of the reductions in jobs that are still available. Many individuals are left without a job due to the recession that the economy is currently going through. There are many individuals who have also been laid off from the jobs that they once were employed by and expected to always have available to them. Job security is hard to find and employees fear for their financial security. What’s more, those who are unable to land with another employer often choose to sue (Maatman Jr.). Due to the rise in the number of employees who sue or attempt to sue the organization that...
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