...Case Study in Unfair Labor Practice Labor unions have been in decline over the last few decades. However, labor unions in the healthcare industry have been in the news recently, in particular, large and well-funded nursing unions. Sanders and McCutcheon (2010) point out that there is a sense of urgency among nursing unions in large numbers and that nurses in these unions aren’t just concerned about wages, hours and benefits, but patient care and nurse patient ratios. This issue is a key factor in the 2013 case of New York State Nurses Associations v. Olean General Hospital. In this case, the union, the New York State Nurses Association (NYSNA) filed a complaint that Olean General Hospital (OGH) had violated Section 8(a)(1) in the National Labor Relations Act (NLRA) which is the interference with employees’ Section 7 rights and Section 8(a)(5), failure to engage in good faith collective bargaining duty with certified unions. This paper will look at the case, the National Labor Relations Board’s (NLRB) decision and why it had merit. New York State Nurses Association v. Olean General Hospital In 2013 NYSNA filed charges against OGH alleging that the hospital had violated Sections 8(a)(1) and (5) by implementing the Dedicated Education Unit (DEU), a program where nurses in the bargaining unit acted as clinical teachers for Alfred State University. The main issue with the program was that the union believed it was significantly different than other programs the hospital had with...
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...owned company and expands operations globally, this paper will focus on the employment and labor laws, along with legal considerations that influence company operations. It is important to keep in mind that XYZ uses a mix of manning methodologies throughout the company; a full time staff as the core of the company, while maximizing the use of contracted labor in the execution of projects. Employment Law Employment law is a broad category of law that encompasses all areas regarding employee/employer relationships except for the negotiation process and collective bargaining, which is covered by the narrower focused category of labor law. Employment laws consist of thousands of federal and state statutes, regulations, and judicial decisions that are designed to govern the rights and duties of employers and workers. The US Department of Labor (USDOL) reports that there are 180 federal laws alone managed by 28 different agencies within the department. (United States Department of Labor [USDOL], 2014) Employment laws are focused on providing a safe and fair work place for employees and employers, alike, and have their origins in the constitution. They were founded based on public outcry against oppressive practices during the industrial revolution. The first laws founded in the 1920s were focused on fair wages, compensation for injuries, a standard work week, and on eliminating child labor. In the 1960s and 70s, statutes focused on anti-discrimination and unsafe work environments...
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...MG420 Research Assignment 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...
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...Pros & Cons of Union Representation from Individual, Organizational and Society Perspective The rise of unions from the 1930s through the early 1950s was due to the convergence of a number of events, an economic policy that attempted to restrict competition beginning in the 1930s, the belief that labor markets were noncompetitive and that individual workplaces were unfair and union premiums were low. The passage of favorable legislation, in the form of the Wagner Act, was a reflection of the idea that unions could actually improve the functioning of labor markets and serve as a countervailing power to big business. Over the past several decades, union membership has declined because government policy became pro-competitive, it became clearer that labor markets were relatively competitive, HR practices developed that reduced the amount of opportunistic behavior of employers, and unions increased the percentage premium they enjoyed in industries where rents were available. In this environment, the public-good aspect of labor unions and their ability to improve the functioning of labor markets was being questioned. The passage of amendments to the NLRA that were unfavorable to unions was a reflection of this changed sentiment as to the public good aspect of unions as well as to the adoption of pro-competitive market policies in general. Consequently the future trend in union mass will depend on the competitiveness of the economy and on the related question of the number of...
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...Scholarship Repository University of Minnesota Law School Articles Faculty Scholarship 1988 Discovery in Labor Arbitration Laura J. Cooper University of Minnesota Law School, lcooper@umn.edu Follow this and additional works at: http://scholarship.law.umn.edu/faculty_articles Part of the Law Commons Recommended Citation Laura J. Cooper, Discovery in Labor Arbitration, 72 Minn. L. Rev. 1281 (1988), available at http://scholarship.law.umn.edu/ faculty_articles/307. This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in the Faculty Scholarship collection by an authorized administrator of the Scholarship Repository. For more information, please contact lenzx009@umn.edu. Discovery in Labor Arbitration Laura J.Cooper* The mere statement of the topic, discovery in labor arbitration, suggests a paradox. Is not the essence of the arbitration process an effort to avoid the procedural complexities that make litigation comparatively slow and costly? More than forty years ago, Learned Hand admonished a litigant distressed with the procedural failings of an arbitration proceeding: Arbitration may or may not be a desirable substitute for trials in courts; as to that the parties must decide in each instance. But when they have adopted it, they must be content with its informalities; they may not hedge it about with those procedural limitations which it is precisely its purpose...
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...Explain what HR management is and how it relates to the management process. There are five basic functions that all managers perform: planning, organizing, staffing, leading, and controlling. HR management involves the policies and practices needed to carry out the staffing (or people) function of management. HR management helps the management process avoid mistakes and to get results. 2. Give several examples of how HR management concepts and techniques can be of use to all managers. HR management concepts and techniques can help all managers to ensure that they get results--through others. These concepts and techniques also help you to avoid common personnel mistakes such as: hiring the wrong person; experiencing high turnover; finding your people not doing their best; wasting time with useless interviews; having your company taken to court because of discriminatory actions; having your company cited under federal occupational safety laws for unsafe practices; have some employees think their salaries are unfair and inequitable relative to others in the organization; allow a lack of training to undermine your department’s effectiveness, and commit any unfair labor practices. 3. Illustrate the HR responsibilities of line and staff managers. Line managers are someone's boss; they direct the work of subordinates in pursuit of accomplishing the organization's basic goals. Some examples of the HR responsibilities of line managers are: placing the right person on the...
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...responsibilities: management rights, just cause discipline and discharge, subcontracting, safety standards. (Budd, p. 11) According to ABC News, Brian Bennett from ESPN talked about Northwestern players get Union Vote. The NLRB ruled that Northwestern Football players qualify as an employee of the university and can unionize. This was accepted after three years member colleges and universities have worked to re-evaluate the current rules. This is beneficial for employees in this case the athlete and employer in this case university. The player is an employee since the player sign a contract for the university and as result obtain a scholarship. For now, the push is to unionize athletes at private schools, such as Northwestern, because the federal labor agency does not have jurisdiction over public universities. (ABC NEWS) Jack Murtha, a writer for Greater Media Newspaper website writes about Township of Marlboro, settles new contracts for incoming employees. The new terms of these contracts provide less paid time off and a reduction in benefits, according to municipal...
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...Unions, Occupational Safety and Health Administration (OSHA), Employee 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...
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...Labor Laws and Unions HRM/531 Labor Laws and Unions Unions employ labor laws to protect their members from organizations that operate in violation of the National Labor Relations Board. It is imperative that organizations such as Lewis & Lambert have a clear understanding of their union contract and the laws set forth by the NLRB. Lewis & Lambert Lewis & Lambert is Sheet Metal Contracting entity located in Fort Worth, Texas established in 1965 that prides itself in performance, quality, and value. The company is a unionized entity under contract with Sheet Metal Workers (SMW) Local 68. Lewis & Lambert's additionally owns a subsidiary, Sigma Building Services, providing HVAC, and plumbing services. Union Benefits. Lewis & Lambert employees gain the rewards of union benefits. "Union members earn better wages and benefits than workers who aren't union members" (AFL-CIO, 2011, para. 1). Additionally, Sheet Metal union members realize the advantages of health insurance benefits and stable workforce. Unionization Process. The organization employees entered the union upon its inception. The organization collected signatures of the employees calling for union representation and willing to pay union dues to Sheet Metal Workers (SMW) Local 68. According to HR Hero (2011), a minimum requirement of 30% of employees must propose induction prior to an election process (HR Hero, 2011, para. 2). Union Bargaining and Effects. Union representatives...
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...Kendrick Meekins - 12/9/12 Assignment 7.2 A northern facility within our company experienced a union campaign in 2010. The employees were angry about the company relocating it distribution capabilities to another location. The move was to improve cost competitiveness but associates viewed the decision as a threat to their job security since approximately 40% of the workforce would lose their jobs. The union campaign challenged the interest of all parties. Some employees viewed the campaign as an opportunity to achieve job security while other employees felt that a union would not change the reality that their facility was not cost competitive for the company. The company’s leadership made a tough decision to improve our company’s delivery performance and long term outlook but felt their plans were challenged by a campaign. The customers saw the campaign as a threat to our company’s delivery commitments and a potentially disrupted supply chain through the duration of the campaign. Ultimately, the workforce did not vote for the union but the door was open for dialogue and change. The HR department had the responsibility to uphold one of our company’s core values. Our company’s value of “independence” influenced the creation of a union avoidance strategy that, at its core, fosters an environment where associates can freely represent themselves in any matter and expect the company to work directly with associates to resolve their issue. An HR Professional should ethically...
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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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...their work without the permission of the plant manager, in order to pressure the company to increase their wages. Managers often use distributive bargaining strategies to negotiate over wages. Employers often use bulletin boards to post information, such as policy changes, holiday schedules, work-related news, and information for employee development. Keywords: Bargaining Strategies, Bulletin Boards, Duty of Fair Representation, Strikes Selected Views on Labor Relations: The Duty of Fair Representation and Other Issues A union’s duty of fair representation refers to the legally enforceable expectation that union representatives will treat all bargaining unit employees the same (Holley, Jennings, & Wolters, 2009). This fair treatment is visible in two main processes. First, union leaders should invite employees to exercise their voice and discuss their opinions openly in terms of what is best for everyone in negotiating the collective-bargaining agreement. This process ultimately affects wages, the standard of living, and labor costs (Stewart & Brown, 2009). Secondly, the union has a duty to avoid arbitrary conduct. This latter aspect of the union’s duty of fair representation applies mainly to the need to follow up on legitimate employee grievances that appear to involve management in some way (Holley et al., 2009). The first of these processes conforms to the central role of unions, which is the duty to be the voice of the bargaining unit in speaking with management. If union...
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...are able to retire. Roosevelt signed the Social Security Act in 1935 which did help provide income for poor elderly persons. During these ruff times and being elderly was not easy. The Great Depression cause age discrimination within jobs and made it hard for the elderly to find jobs. The next thing to help the economy was the Wagner Act that came into effect in 1935. The Wagner Act was a guarantee right that workers were treated right and with respect. It made it possible for workers to have fair pay and have justified labor. The Wagner Act established the rights of employees to organize, join, or aid labor unions and to participate in collective bargaining through their representatives. The act also authorized unions to take intensive action for these purposes. This meant that workers could lawfully strike and take other peaceful action as a way of placing pressure on an employer. This was banned employers from engaging in unfair labor practices that interfere with the union rights of...
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...The action of the XYZ Company “seems” to have violated Section 7 and Section 8(a)(1) of the National Labor Relations Act. Section 7 rights are that employees have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, as well as the right to refrain from any or all such activities. Section 8(a)(1) of the NLRA states that it is an unfair labor practice for an employer to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in Section 7 of the Act. XYZ Company violates the section 7 rights of allowing their employees the “right to self organization, to form, to join and assist labor organizations.” They did this by first instilling a fear in their employees that by talking to union representatives they would be at risk of losing their job. However, the reason that it is “seeming” that the company has violated this section is because we employees were confronted of the situation and if they could substantiate the owner’s statement, no one was able too. If the owner of XYZ Company did state that they would shut down the factory or fire employees for this, then they most definitely are violating Section 7 rights. The Section 8(a)(1) rights that the XYZ Company violated were that they allegedly threatening and coercing employees in to...
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...this discussion I will provide a synopsis of 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...
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