...[Type the company name] | Illegal Immigrants and The NLRA: | Protection for All? | | | | What rights are illegal immigrants afforded under the National Labor Relations Act? | This paper seeks to investigate whether or not illegal immigrants should be protected under the National Labor Relations Act (NLRA). An illegal immigrant (alien) is anyone who is foreign borne and has entered the United States of American without examination or admitted provisionally and stayed past the time they are required to leave (http://cis.org/illegal). Once reading this definition, as outlined by the Center for Immigration Studies; precisely one would say no, he or she is here illegally. We will first question why individuals have entered the country illegally, their reason for being here, employer responsibly, the Immigration Reform and Control Act and how or why should illegal workers be protected under the NLRA. Illegal aliens accounted for 21% of the foreign born population in the U.S in 2000 with that number increasing to 28% by 2005. With numbers steadily increasing each year, many have begun asking why. Where are the immigrants coming from and why are so many entering into the United States? Statistics show that Mexico is the biggest importer of legal and illegal immigrants (http://cis.org/illegal). More than half of the Mexicans living in the U.S. in the year 2000 were illegal (Edwards, 2000). By 2004, 10.5 million legal and illegal Mexican immigrants were living in...
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...Chapter 01 Contemporary Labor Relations: Objectives, Practices, and Challenges Answer Key True / False Questions 1. (p. 4) Fundamentally, a labor union is a group of workers who join together to influence the nature of their employment. TRUE Difficulty: Easy 2. (p. 4) The widening gap between the richest and poorest individuals in the U.S. is in part due to the weakened position of labor unions. TRUE Difficulty: Easy 3. (p. 5) When an employer uses an employee suggestion box to gather ideas and concerns from its employees, it is primarily addressing the labor relations goal of efficiency. FALSE Difficulty: Moderate 4. (p. 5) The goals of efficiency, equity, and voice in the workplace rarely conflict with one another. FALSE Difficulty: Easy 5. (p. 6) A key role of unions is to negotiate work rules and practices that ensure fair treatment of employees by their managers and employers. TRUE Difficulty: Easy 6. (p. 6-7) In the United States, employees have broad protections against arbitrary dismissal such that employers must provide a good, business related reason for firing someone. FALSE Difficulty: Moderate 7. (p. 6) The official policy of the Unites States is to protect workers’ rights to act together for mutual aid and protection in the workplace and to promote collective bargaining as a way to resolve workplace conflict. TRUE Difficulty: Moderate 8. (p. 7) In the U.S., workers can generally...
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...Introduction Among this country’s greatest strengths has been its economic structure and diversity. As citizens and business professionals, we owe a lot of this to the Constitutional system of government. With a balance of power between the states and the Federal government, this country is ripe for economic development. Wall Street is one of our country’s icons, and affluent business tycoons such as Donald Trump, J. Willard Marriott, Sam Walton, and Warren Buffett receive celebrity status. This economic strength has carried us through war and peace. In fact, images of Rosie the Riveter represent how we secured the home front during World War (National Park Service). More recently, it was economic strategy (and this country’s outright economic dominance) that led to the fall of Communism and the end of the Cold War. (Garrity, 2002). Individual prosperity is a fundamental principle of our economic system, and is as important as collective wealth. One need not belong to an elite class or family (although it does help if you are related to millionaires), nor does one have to obtain special permission from the government. Another element of the economic system is the way it rewards success. If you seek it, you can find it; all you need is to find a way to build a better widget, or a better way to build what everyone else has been making. At least in theory, the system is designed in such a way as to reward ingenuity, work ethic, and perseverance. Unfortunately, not...
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...the legally enforceable expectation that union representatives will treat all bargaining unit employees the same. The present case involves seven truck drivers, who took it upon themselves to stop 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...
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...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 negotiating process between employers and employees...
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...Abstract The goal of unions is to band together and protect employee rights. The paper begins with an introduction as to the purpose of the labor union. The question is also posed if labor unions are a necessity in today’s society. The paper begins with an interesting look at the history of labor unions. The paper explores how the Industrial Revolution and Haymaker Riot were instrumental in the formation of labor unions. The history of the two largest labor unions is explored. Next some basic information is given on labor unions such as who can join and the benefits associated with joining a labor union. The paper then shifts to look at legislation that governs the formation and policies in a labor union. More specifically, the National Labor Relations Act, National Labor Relations Board, Taft-Hartley Act, and the Labor Management Reporting and Disclosure Act of 1959 are explored in detail. The paper will then examine the most common ways an HR employee will interact with the union. This is discussed through grievances and collective bargaining agreement. The process for both of these is examined in detail including which parts of the collective bargaining agreement are mandatory and permissive issues. Next, the paper explores the process a HR manager would go through in order to keep a healthy, happy, and productive relationship with the union. Finally the paper reexamines whether labor unions are necessary in today’s society. A conclusion is drawn based...
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...Inquiry Feel Free to Contact us: studentsoffortunes@gmail.com For More Tutorials Visit: ( http://www.studentsoffortunes.com/ ) (Product Description) MG 420 Midterm Exam ( All Possible Questions Solutions ) (1) After having signed a contract with a binding arbitration clause in it, an employer is legally bound to accept an arbitrator’s decision on a particular issue even if they disagree with that decision (2) The “labor problem” can be defined as undesirable outcomes created out of an employment relationship which is inequitable, contentious, and exploitive (3) Conflicts between what employees want and what employers want are generally resolved privately between the individual and his/her employer (4) The last step in the grievance process for nearly all union contracts in both the public and private sector is usually: A hearing before the NLRB Mediation by the Federal Mediation and Conciliation Service A unilateral decision by management Final and binding arbitration (5) According to the Wagner Act (NLRA), if two employees walk off the job and proceed to picket their employer’s place of business to protest unsafe working conditions, the employer is not allowed to retaliate against them (e.g.,...
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...Labor Relations and Legislation Labor relations are defined as the relationships between the employer and the employee, specifically the unionized employee. It is a set of activities and procedures used to clarify, manage, reduce, and resolve conflicts between an employer and union members (Fossum, 2005). Federal and state laws and regulations govern the conduct of employers and unions in the administration of employee representation and collective bargaining. Prior to the 1930s few laws were in place to protect workers who were unionized or seeking to join or create a unionized work force. Instead, employers had the liberty to spy on, question, punish, black list and fire union members or workers seeking to unionize. However, with the enactment of the Wagner Act, also known as the National Labor Relations Act (NLRA), in 1933 the tide of opposition began to turn in favor of the unionization of workers. United States labor law consists primarily of the Norris-LaGuardia, Wagner, Taft-Hartley, Landrum-Griffin Acts, and Public Law 93-360. These laws enable collective bargaining, regulate labor and management activities, and limit intervention by the federal courts in lawful union activities. Norris-LaGuardia Act In 1932, the Norris-LaGuardia Act was passed. This act had several provisions. It established the law that workers should be free to unionize without employer interference. It removed the federal courts jurisdiction to issue injunctions in nonviolent labor disputes...
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...Legislations That Shaped Labor Unions For centuries, the divide between laborers and their controllers have come with a high price. From wealthy farmers to corporate presidents, their subordinates have had to work hard to achieve their personal goals and that of employers. At times, employees have been exploited by working outrageous hours under horrible conditions for a measly pay. Such abuse was absorbed by the needy and continued for years, until the government stepped in and demanded labors to be implemented. Such laws gave the rights and freedom that many were looking for in order to work stable hours and for reasonable pay. Like many laws, it took time and effort but such laws came to fruition by legislations such as The Wagner Act, The Taft-Hartley Act, and the Civil Rights Act of 1964. The Wagner Act, also known as The National Labor Relations Act of 1935, is the foundation for all unions that are now in existence in the United States. Prior to The Wagner Act, employees had no say as to whether or not they wanted to come together and agree on proposals for better and healthier work environments by being represented by unions. The Wagner Act gave employees the ability to work together, unionize and designate employee representatives that would be the voice of the employees when it came to collective bargaining (Department of Labor (DOL), 2014). This act specifically required employers to bargain in good faith over mandatory bargaining issues such as wages, hours,...
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...-solutions/ (1) After having signed a contract with a binding arbitration clause in it, an employer is legally bound to accept an arbitrator’s decision on a particular issue even if they disagree with that decision (2) The “labor problem” can be defined as undesirable outcomes created out of an employment relationship which is inequitable, contentious, and exploitive (3) Conflicts between what employees want and what employers want are generally resolved privately between the individual and his/her employer (4) The last step in the grievance process for nearly all union contracts in both the public and private sector is usually: A hearing before the NLRB Mediation by the Federal Mediation and Conciliation Service A unilateral decision by management Final and binding arbitration (5) According to the Wagner Act (NLRA), if two employees walk off the job and proceed to picket their employer’s place of business to protest unsafe working conditions, the employer is not allowed to retaliate against them (e.g., fire them) (6) The first national labor unions began to develop in the 1850s, due in part to: the advent of the rail industry which made it easier for union leaders to travel to various organizing points. powerful labor leaders. favorable legislation and courts that were friendly toward unions. increasing emphasis on craft development (7) When an employer allows supervisors to arbitrarily discipline employees without cause, it is most directly violating...
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...are tangible and take both monetary and nonmonetary forms. * Role of the HR unit in compensation * Internal equity * External equity * Meet/lag/lead strategies * FLSA * Exempt / nonexempt * 5 categories of exempt employees * Overtime * Training & travel time * Independent contractors * How to classify * Tax implications for employers / employees * Market pricing and pros/cons * Pay grades * Red/green circle employees * Pay adjustments (e.g. seniority) Chapter 12 – Incentives * Variable pay philosophy * How variable pay motivates employees * 3 categories of variable pay * Types of individual incentives * Gainsharing and how different from profit sharing * 3 types of commission pay plans and which is the most common * Examples of performance incentives * Why incentives should be tied to organizational goals * Pros/cons of bonuses vs. merit pay Chapter 13 – Benefits * why employers offer benefits * flexible benefits * adverse selection * employee choice in benefits selection * personal statement of benefits * legally required benefits and discretionary benefits * workers’ compensation / unemployment / severance * recent trends in healthcare insurance * HMO / PPO / POS * Health savings...
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...cooperation of labors and harmonious relationships. Therefore, it is in the interest of all to create and maintain good relations between employees (labor) and employers (management). | | Concept of Industrial Relations: The term ‘Industrial Relations’ comprises of two terms: ‘Industry’ and ‘Relations’. “Industry” refers to “any productive activity in which an individual (or a group of individuals) is (are) engaged”. By “relations” we mean “the relationships that exist within the industry between the employer and his workmen.” The term industrial relations explains the relationship between employees and management which stem directly or indirectly from union-employer relationship. Industrial relations are the relationships between employees and employers within the organizational settings. The field of industrial relations looks at the relationship between management and workers, particularly groups of workers represented by a union. Industrial relations are basically the interactions between employers, employees and the government, and the institutions and associations through which such interactions are mediated. The term industrial relations has a broad as well as a narrow outlook. Originally, industrial relations was broadly defined to include the relationships and interactions between employers and employees. From this perspective, industrial relations covers all aspects of the employment relationship, including human resource management, employee relations, 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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... National Labor Relations Act Initial History The National Labor Relations Act of 1935, commonly referred to as the Wagner Act, is the basic bill of rights for unions. It was enacted to eliminate employers' interference with the organization of workers into unions. Before, many employers would threaten the employees that if they would be joining a union they would receive less pay, benefits, hours, or even be fired. This caused an outcry in American society because many of the employers weren't giving the employees much security for their jobs and they weren't able to join any unions. So to help out with this problem the Wagner act was signed into law on July 5th, 1935 and it investigates and charges ventures on unfair labor practices. This law gives the workers many rights as far as being able to organize and join unions, to bargain collectively, and to actively pursue their objectives whatever they may be. The problem with the law at first was that many people were ignoring this as a law all together. Many of the initial appellate courts agreed that this law was unconstitutional and therefore unenforceable. It took many years and many court cases that were won because of the NLRA that it became an enforceable law that could be upheld in court. The Wagner Act requires that employees bargain in good faith with the union when it comes too wages, hours and terms and conditions of employment. In accordance with the NLRA the National Labor Relations Board (NLRB) was...
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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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