...Collective Bargaining My Name here February 24, 2013 The University Collective Bargaining It is common to define collective bargaining as a negotiation between an employer and trade union. Collective bargaining, however simple that short definition may be, is a complex labor process defined by several discussion topics; collective bargaining is governed by strict definitions and rules, extensive long-standing laws that support it, and specific methods and people to administer agreements reached in the collective bargaining process. The best way to discuss collective bargaining is to approach each of these topics in order to round out the full spectrum of knowledge required to full understand and define collective bargaining with ease. In this paper, you will approach each of these complex topics with the intent of learning more about collective bargaining. The best approach is to begin by defining collective bargaining. Defining Collective Bargaining Collective bargaining is the process by which employers and a group of employees negotiate and agree upon the scope of employment relationships (wages, hours, working conditions, benefits, other employment terms). The employees are typically represented by a labor union in collective bargaining. In the US labor system, when collective bargaining leads to mutual agreement of the sides, the agreement terms become the basis of a Collective Bargaining Agreement (CBA) or union contract that is a legally enforceable...
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...labor relations MG420 RESEARCH assignment pAPER MG420 Labor Relations July 2015 TABLE OF CONTENTS Topic Page 1. Collective Bargaining 2 * Four Components of a Collective Bargaining Agreement 2 2. Three U.S. Laws Supporting Collective Bargaining 5 * Three Examples of Employer Unfair Labor Practices 5 3. Establishing and Decertifying a Collective Bargaining Unit 9 * Part of the Process of Establishing a Union 9 * Part of the Process of Decertifying a Union 9 4. Administering a Collective Bargaining Agreement 12 * Role and Function of an Arbitrator 12 Conclusion 14 Works Cited 16 1. Define the term “collective bargaining” and list and describe four issues that are mandatory components of a collective bargaining agreement. Include and discuss [showing relevance or applicability] at least one reference found in our text, along with a current web-based news item/magazine article about a real life example of a collective bargaining action. Pick any two of the four mandatory components you've listed and include and discuss [showing relevance or applicability] at least one reference found in our text, along with a current web-based news item/magazine article about each of those [two] collective bargaining issues in action. Collective bargaining is the process of negotiations involving the representatives of the employer and employee for terms and conditions of employment that will apply to the employee. In the United...
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...MG420 Labor Relations Research Assignment 21 February 2016 Instructor: 1. Define the term “collective bargaining” and list and describe four issues that are mandatory components of a collective bargaining agreement. Efficiency, equity, and voice are the fundamental goal of labor relations and collective bargaining is a critical tool in maintaining and achieving this goal (Budd, 2013, p. 5). Collective bargaining are negotiations between employee and employer representatives concerning terms and conditions of employment that applies to the employees (Cornell University Law School, n.d.). The collective bargaining process results in a legally binding agreement between upper management and union members. The agreement through collective bargaining cover many areas, to include: compensations (wages, benefits, holidays/vacations, shift premiums and profit sharing), personnel policies and procedures (layoff, promotion, transfer policies, overtime and vacation rules), employee rights and responsibilities (seniority rights, job standards and workplace rules), employer rights and responsibilities (management rights, just cause discipline and discharge, subcontracting and safety standards), union rights and responsibilities (recognition as bargaining agent, bulletin board, union security, dues checkoff, shop stewards and no strike clauses) and dispute resolution and ongoing decision making (grievance procedures, committees, consultation and renegotiation procedures) (Budd...
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...a writer by the name of Amanda Terkel writes about the labor conflicts that happened in Wisconsin, Ohio, and Indiana states. Governor Scott Walker from the state of Wisconsin tried to deprive the state’s public-employee unions for having collective bargaining rights. He stated that this will make it possible to shore up the states estimated 3 billion loss. The legislative action that has caused major protest in Madison, Wisconsin, with gatherings around 25,000 protestors while Wisconsin’s Democratic senators have fled the state to stop the bill from being voted on. Thousands of opponents of Ohio’s Senate proposed collective bargaining overhaul surrounded the statehouse with chants of kill the ill prior to the hearing of Ohio’s Senate Bill 5. The bill is written to do away with collective bargaining rights to state employees and cut back the rights of local level government employees. While the state of Indiana’s legislature is considering a bill that will strip Indiana teachers of their collective bargaining rights between local districts and the teachers union. The goal of this bill is to focus on wages and wage related benefits. It would also limit teacher contracts to a length of two years to match with the length of the state of Indiana’s budget cycle. Ms. Terkel’s article makes a point to tell her readers that the middle class of the United States of America is attacked from newly elected and establish representatives...
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...Mg420 Research Assignment By Dwayne Logan MG420 DL Labor Relations Research Assignment April 29, 2012 1. Define the term “collective bargaining” and list and describe four issues that are mandatory components of a collective bargaining agreement. Include and discuss [showing relevance or applicability] at least one reference found in our text, along with a current web-based news item/magazine article about a real life example of a collective bargaining action. Pick any two of the four mandatory components you've listed and include and discuss [showing relevance or applicability] at least one reference found in our text, along with a current web-based news item/magazine article about each of those [two] collective bargaining issues in action. Write succinct and complete [individual] summaries on the contents of each of the articles you've provided along with your critical comments about each article. Support your findings with referenced research. (40 points) Three primary objectives of labor relations are efficiency, equity, and voice of employees, and even of some management personnel. Equity and voice are beneficial for employees at the work place, on the contrary, management under usual conditions prefers efficiency. The key to making both employees and employers happy is to attempt to balance all three components. The goal is to gain an overall happy medium for both employers and employees. Collective bargaining is how to reach happy medium, it is the...
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...NLRB determine if the bargaining unit proposed by the labor organization is appropriate? The statutory provisions in section 9(b) of the Taft-Hartley Act give to the National Labor Relations Board the power or the exclusive jurisdiction to determine the appropriate unit for collective bargaining purposes when such a decision is required in a representation case or an unfair labor practice case brought before it. In making the determination, the Board's discretion is subject to various limitations. Section 9(b)(1) prohibits the certification of any unit as appropriate for collective bargaining if it is composed of both professional and nonprofessional employees unless the majority of the professional employees vote to be included in such a unit. Section 9(b) (2) states that no craft unit can be declared inappropriate for collective bargaining purposes on the grounds that a different unit has been recognized by an earlier Board determination (NLRB.gov). Furthermore, section9 (b) (3) provides that no unit can be certified as appropriate for bargaining if it includes guards and watchmen with other employees; and a unit of guards cannot be certified if this labor organization admits employees other than guards to membership or if it either directly or indirectly affiliates with any other labor organization that admits members other than guards. Section 9(c) (5)' prevents making the extent of organization the controlling factor in the determination of the appropriate unit. It has...
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...HRM 703 Week 1 Overview: Upon completion of this week, you will be able to: 1. Discuss the employment relationship between workers and the company. 2. Discuss how employers can exist without unions but unions cannot exist without employers. 3. Identify reasons why workers unionize. 4. Discuss why unionization is declining in the United States. 5. Analyze the difference between the public sector labor relations and private business. Introduction to this week's topics: Labor relations is the set of processes and activities unions and employers develop and use to clarify, manage, reduce, and resolve conflicts between employees and their representatives while accommodating the various goals of each. The practice of labor relations is governed by contracts negotiated by and agreed to by both parties. Contracts are renegotiated periodically to take into account changing goals and objectives of both parties and changes in the economy and society. Within larger employers that operate several establishments, labor relations will differ depending on what is produced in each establishment and whether different unions represent employees in different establishments. Employers would like complete freedom to alter the terms and conditions of employment in their workplaces, as necessary, to maximize returns on investments and achieve organizational goals. While labor is somewhat mobile, with workers able to move between employers as opportunities occur,...
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...Brett 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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...in 1945 when 35 percent of the nonagricultural workforce were union members, unions are still a powerful influence in the United States (and even more powerful in many other countries). (Silverman, J., 2012) They are also an important and fundamental part of the history of United States commerce and the country’s growth into an economic powerhouse. Unions began forming in the mid-19th century in response to the social and economic impact of the industrial revolution. National labor unions began to form in the post-Civil War Era. The Knights of Labor emerged as a major force in the late 1880s, but it collapsed because of poor organization, lack of effective leadership, disagreement over goals, and strong opposition from employers and government forces. (Silverman, J., 2012) The American Federation of Labor, founded in 1886 and led by Samuel Gompers until his death in 1924, proved much more durable. It arose as a loose coalition of various local unions. (Silverman, J., 2012) It helped coordinate and support strikes and eventually became a major player in national politics, usually on the side of the Democrats. American labor unions benefitted greatly from the New Deal policies of Franklin Delano Roosevelt in the 1930s. (Silverman, J., 2012) The Wagner Act, in particular, legally protected the right of unions to organize. Unions from this point developed increasingly closer ties to the Democratic Party, and are considered a backbone element of the New Deal...
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...Retirement Income Security Act (ERISA), and Fair Labor Standards Act (FLSA). Employee Privacy Federal Law – General Privacy Laws * Driver’s Privacy Protection Act of 1994 – 18 U.S. Code 2721. This law limits disclosures of personal information maintained by the Department of Motor Vehicles. * Electronic Communications Privacy Act of 1986 – 18 U.S. Code sections 2510-2522, 2701-2711, 3121, 1367. This law amends the federal wiretap law to cover different types of electronic communications i.e. e-mail, radio-paging devices, cell phones, private communications carriers, and computer transmissions and extends ban on interception to the communications of wire or electronic communication services and restricts access to stored wired and electronic communication/transaction records. * Family Education Rights and Privacy Act of 1974 (FERPA) – 20 U.S. Code section 1232g. This law restricts the disclosure of educational records. * Fair Credit Reporting Act (FCRA) – 15 U.S. Code sections 1681-1681u. This law promotes accuracy, fairness, and privacy of information gathered by credit bureaus and sold to creditors, employers, and other businesses. * Fair Debt Collection Practices Act – 15 U.S. Code sections 1692-1692p. This is to eliminate abusive debt collection practices by debt collectors and promotes consistent State action to protect consumers against debt collection abuses. * Federal Privacy Act of 1974 – 5 U.S. Code section 552a. This law applies to...
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...of the decision………………………………………………………………………………………….5 Arguments against the decision……………………………………………………………………………………………..X Current events related to the decision…………………………………………………………………………………….X Future outlook on the decision…………………………………………………………………………………………………X Works Cited……………………………………………………………………………………………………………………………. Imagine a world without corporation, without structure, and without the complexity of the working world today. Some may even think of these corporations and businesses as individuals with the same rights that you and I have as human beings. Those with this frame of mind would not be too far from the truth. Our economic structure and business establishment has grown in such a way over past centuries that we depend on these conglomerates as a foundation of economic stability. In turn, they seek from us the same rights as businesses that we as individuals are granted as citizens of this great country. In the following pages, we will explore this concept further in understanding what Corporate Personhood is and discovering the case of Citizens United v. Federal Election Committee, including the parties involved, reasons for the case, arguments for and against the case, how this historic event relates to current events, and finally how the decision on this case affect our future in the corporate world. In order to better understand how corporate personhood works, it is important to understand where this idea comes from and how...
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...the battle against the Personnel Management school practices. Most integral to the recent personnel management approaches is Employee Involvement. “Fifty-two percent of employees in the Workplace Representation and Participation Survey reported that some form of employee participation program operates in their workplace and 31 percent indicate that they participate in an employee involvement program” (Commission on the Future of Worker-Management Relations). Employee Involvement and empowerment practices are thought to weaken labor unions; as the approach to rewards and empowerment is distributed to individuals instead of being collectively bargained. While employee involvement has demonstrated to bring enhanced productivity and effectiveness, there is concern that employee involvement programs violate Section 8(a)(2) of the NLRA; this section of the law states: “Sec. 8. [§ 158.] (a) [Unfair labor practices by employer] It shall be an unfair labor practice for an employer--(2) to dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it: Provided, That subject to rules and regulations made and published by the Board pursuant to section 6 [section 156 of this title], an employer shall not be prohibited from permitting employees to confer with him during working hours without loss of time or pay” (National Labor Relations Act). While employee involvement programs increase productivity and ...
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...INTRODUCTION Human Resource Management is defined as a strategic and coherent approach to the management of an organization’s most valued assets – the people working there who individually and collectively contribute to the achievement of its objectives. HRM is a distinctive approach to employment management which seeks to achieve competitive advantage through the strategic development of a highly committed and capable workforce using an integrated array of cultural, structural and personnel techniques (Storey, 2001). Beer et al, (1984) defined HRM as a strategic approach to the management of human resources that involves all management decisions and actions that affect the relationship between the organisation and employees. John Storey (1987) believes that HRM can be regarded as a ‘set of interrelated policies with an ideological and philosophical underpinning’. He suggests four aspects that constitute the meaningful version of HRM: 1. a particular constellation of beliefs and assumptions; 2. a strategic thrust informing decisions about people management; 3. the central involvement of line managers; 4. Reliance upon a set of ‘levers’ to shape the employment relationship. In today's litigious workplace environment, being on top of legal issues that directly affect individual employees and organization is critical to the success of the HR profession. In this study, we will critically analyze and evaluate legal issues as it affects the functions of HRM in Nigeria and...
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...4/5 Rule – 80% rule – used to calculate how many of a minority class will need to be hired. Example: If 100 men were interviewed for a job and 20 were hired, according to the 4/5ths rule how many women must be hired if 75 were interviewed? 20/100 men were hired for a selection rate of 20%. You can't have a selection rate for the women less than 80% of the male selection rate. 80% of 20% = 16% selection rate minimum. 16% of 75 interviewed = 12 Railway Act – 1st federal law that dealt with labor relations – designed to ensure timely railway operations with minimum dispute between union and railway board. Mediators vs. Arbitrators - both are 3rd parties – Arbitrator – has the power to make a binding decision, Mediator – does not have that authority Evaluation methods: Manager or Supervisor Appraisal -- conducted by employees superior and is then reviewed by a more senior manager Subordinate appraisal – occurs when an employee carries out an appraisal on a manager (conducted for developmental reasons) Peer Appraisal – conducted by manager with input from peers. It is not common – there are concerns of stereotyping and fear the peer will find out Team Appraisal – based on Total Quality Management – stresses team achievements rather than individual performance. TQM sets performance standards derived from customer needs. Customer Appraisal – based on feedback from both internal and external customers with many managers setting Customer Service Measures as a performance...
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...Prepared by: Lisa Fell The Effect of the “Right to Work” Law on Unions and Union Workers in the United States Capstone Co-ordinator: Ted Seath Faculty Advisor: Gary Gannon Table of Contents CHAPTER I 1 DEFINITION OF THE PROBLEM 1 Background Statement 1 Problem Statement 2 Purpose Statement 3 Limitations of Study 3 Reliability 4 Availability 4 Timeliness 4 Precision Error 4 Researcher Prejudice 5 CHAPTER II 5 LITERATURE REVIEW 5 Selected Review of Literature 5 The Effect of Right-to-Work Laws on Workers and Wages 5 Right-to-Work Laws are Beneficial to Unions and Union Workers 10 Right-to-Work Laws Negatively Affect Unions and Union Workers 16 Free-Riders are the Cause of Union Demise 23 Free-Riders Make Unions More Accountable 26 Results Summary 28 Right-to-Work Laws Weaken Labor Unions 28 Workers Gain Fewer Benefits from Economic Growth under Right-to-Work Laws 28 The Broader Economic Effects of Right-to-Work Laws are Difficult to Separate 29 CHAPTER III 29 CONCLUSIONS AND RECOMMENDATIONS 29 Conclusions 29 Recommendations 30 WORKS CITED 32 CHAPTER I DEFINITION OF THE PROBLEM Background Statement The typical factory worker in the late nineteenth century worked ten hours a day, six days a week. Unskilled workers were paid between $1.00 and $1.50 per day. Children were a significant part of the labour force after the Civil War. Workplace accidents were common, and the idea of compensating workers...
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