Premium Essay

Labor Relation Process

In:

Submitted By colettehackett
Words 269
Pages 2
1. Was this matter within the jurisdiction of the National Labor Relations Board?

The statements made by the employer appear to coincide with an unlawful promise of benefits, and therefore, are unacceptable in relation to the act. The concept of “positive coercion” is addressed in the case study, and these actions directly influence the manner in which employees may view the union and its possible entrance into the organization. In this context, the company does not possess a right to actively or even passively coerce employees into making a decision on one side or another, as this should be an independent decision that is left in the hands of employees without any type of influence. This is an important factor in demonstrating the value that is placed upon organizations and their ability to coerce employees to make decisions in one way or another, and how this type of behavior is unacceptable in all cases.
2. Were Leiner’s actions considered a protected activity under the Labor Management Relations Act?
I think yes. The employer had an e-mail policy that restricted use of the e-mail system to matters related to company business which stated that “[t]he e-mail system is provided to employees at Company expense to assist them in carrying out the Company’s business.” In general, employees used the e-mail system for a variety of non-business uses, such as personal messages, charitable announcements and union matters.
3. How should the NLRB rule? Give your reasons.
The NLRB should rule that the disparate enforcement of the e-mail policy violated Section 8(a)(1)

Similar Documents

Free Essay

Farm Labor Movement

...The Farm Labor Movement was when Cesar Chavez and Dolores Huerta worked together to form the United Farm Workers Union. This union was formed to ensure that farm workers got paid for the right amount of time they worked for. Many farmers were getting low wages and Cesar Chavez thought that was unfair. Cesar Chavez was a farmer ever since he graduated eight grade. His father was in an accident and he didn't want his mother to work so much. When he was 17 he went to the Navy for two years. He started the United Farm Workers Union in 1962.  Cesar didn't have many members in it until 1970, when he urged grape workers to join the union. This caused the Delano grape strike, a march from Sacramento to Delano. This was a three hundred and forty mile trip to Delano. The marchers wanted state government to pass laws, which would permit farm workers to organize into a union and allow collective bargaining agreements. He tried to make people aware of the struggles of farm workers for better pay and treatment. He did this through boycotts, pickets, and strikes. Cesar did not believe in acts of violence. The picketing, boycotts, and strikes worked against the grape growers and this led to the grape growers sign contracts with the union. The result of the Farm Labor Movement gave farmers the money and dignity that everyone should receive and ensured that the farmers of America will always be treated fairly. Work Cited ----------...

Words: 257 - Pages: 2

Premium Essay

Collective Bargain

...bargaining agreement.  Collective Bargaining is the process in which employer and employees determinate the terms and conditions of employment (Budd, p. 11). It is meticulously thought out and written a contract, between employer and employee. This is a legal document enforceable for a one year period (AFL-CIO). These are the major subjects of bargaining: * Compensation: wages, benefits, vacations and holidays, shift premiums, profit sharing. * Personnel policies and procedures: Layoff, promotion, and transfer policies, overtime and vacation rules. * Employee rights and responsibilities: seniority rights, job standards, workplace rules * Employer rights and 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...

Words: 2753 - Pages: 12

Premium Essay

Human Resources

...Chapter 11- Organized Labor Definitions Union- An organization formed by employees for the purpose of acting as a single unit when dealing with management about workplace issues. Labor relations process- The process in which management and the union jointly decide on and administer terms and conditions of employment. National Labor Relations Act- The legal framework for the labor relations process in the United States; it contains significant provisions intended to protect workers’ rights to form and join unions and to engage in collective bargaining; and defines unfair labor practices. Authorization cards- Signed by individual employees; these designate the union to act as the employees’ collective bargaining representative. Bargaining unit- A group of employees recognized by the National Labor Relations Board to be an appropriate unit for collective bargaining under the National Labor Relations Act. Decertification- An NLRB procedure available for employees when they believe, usually as a result of an election, that the union no longer represents the interests of the majority of the bargaining unit. Fair representation- A union’s legal obligation to even handedly represent all bargaining-unit employees, union members and non-members alike. Collective bargaining- An activity whereby union and management officials attempt to resolve conflicting interests in a manner that will sustain and possibly enrich their continuing relationships. Mandatory bargaining issues- Topics...

Words: 1540 - Pages: 7

Premium Essay

Mg420 Research Assignment

...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...

Words: 4227 - Pages: 17

Premium Essay

Collective Bargaining

...1. Define and discuss the term “collective bargaining” 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 States the negotiations that happen between concerning parties are written into legally binding contracts and usually last from one to five years (Budd). On the Huffington Post website, 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...

Words: 3455 - Pages: 14

Premium Essay

Labor Laws & Unions

...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...

Words: 745 - Pages: 3

Free Essay

Mg420

...this Research Assignment is to do all of the following (be sure to read and adhere to the notes below: 1. Define the term “collective bargaining” and list and describe four issues that are mandatory components of a collective bargaining agreement. The term collective bargaining is defined as U.S. labor relations system that works effectively, efficiency, equity and voice in which are achieved through collective bargaining. Representatives of the employer and the employees negotiate the terms and conditions of employment that will apply to the employees. There are four major issues including the following; compensation, personal policies and procedures, employee rights and responsibilities, and employer rights and responsibilities. Compensation is based on wages, benefits, vacations and holidays, shift premiums, and profit sharing. Personnel policies and procedures include layoffs, promotions, transfer policies, overtime and vacation rules. Employer rights and responsibilities are the management rights; just cause discipline and discharge, subcontracting, and safety standards. (Text, pg. 11) Efficiency, equity and voice, are the three primary objectives of labor relations, of employees, and even some management personnel. Employees seem to lean more towards equity and voice at the workplace, while management usually prefers efficiency. The tricky part is attempting to balance all three for an overall happy medium at the workplace for both employers and employees. One...

Words: 2012 - Pages: 9

Free Essay

Mg420 Dlf Labor Relations

...MG420 DLF Labor Relations Research Assignment Professor Stephen Fant   1. Define and discuss the term “collective bargaining.” Include and discuss [showing relevance or applicability] a current web-based news 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 referenced research.  (5 points) A. Collective bargaining is how an employer and its employees, either individually or through a union, reach an agreement on the terms and conditions of employment. These terms and conditions are based on such items as compensation, personnel policies, employee rights, employer rights, union rights, and dispute resolution. Compensation can include such issues as wages, benefits, and vacation packages. Personnel policies can include layoff policies, promotion policies, and transfer policies. Employee rights can include seniority rights, job standards, and workplace rules. Employer rights can include such issues as management rights, just cause discharge, and safety standards. Union rights can include recognition as sole bargaining agent, use of a bulletin board in the workplace, and shop stewards. Dispute resolution can include grievance procedures, committees, and renegotiation procedures (Budd 13). There are three categories of bargaining items: mandatory, permissive, and illegal...

Words: 3619 - Pages: 15

Premium Essay

Collective Bargaining

...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. An example of collective bargaining is...

Words: 4334 - Pages: 18

Free Essay

Funds of Hr

...Compensation and Benefits. VI. Labor Relations. Recruiting and Selection A Bad Hire Is Worse Than You Think. According to the Harvard Business Review, 80 percent of turnover is caused by bad hiring decisions. These are costly mistakes. The U.S. Department of Labor calculates that it costs one-third of a new hire’s annual salary to replace him. These figures include money spent on recruitment, selection and training plus costs due to decreased productivity as other employees fill in to take up the slack. But these numbers don’t reflect the intangible damages an exiting employee can have such as lost customers and low employee morale across the rest of the organization. And, turnover costs climb even higher as you move up the organization: mid- and upper–level managers can cost over twice their annual salary to replace. (Meyer, n.d., p. 2) IT seems to have put themselves in a position to be heavily reliant on their employees to recruit for open positions. Therefore, many of the employees are related socially or through family. This is s practice that can potentially be dangerous. Possible cases for nepotism, broken friendships, divorces, etc. can cause employees to "choose sides" when it comes to work related issues. A "good ol' boys" network thrives in this environment. All of this creates a dysfunction that can cripple a business. I believe that IT needs to do a better job in requiring that multiple methods are used in the screening process while hiring new employees. Shifting...

Words: 2549 - Pages: 11

Free Essay

Pa 660

...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 MMBA...

Words: 278 - Pages: 2

Premium Essay

Labor Relations Questions and Answers

...Labor Relations Questions/Answers 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) Collective bargaining is the process in which unions and employers negotiate the terms and conditions of a collective bargaining agreement in which both parties agree to conditions of employment including hours, wages and working conditions (Budd, 229). Phelps Dodge is cited in the course text to engage in collective negotiations with Morenci Miners. Phelps declares that the recession and prices of copper dropping as lower their profit margins and they requested employees take a $2 wage cut, along with cost of living benefits removed along with benefit reductions...

Words: 1300 - Pages: 6

Premium Essay

Pros and Cons of Unions Today

...million workers throughout the country. A labor union is defined as an organization intended to represent the collective interests of workers in negotiations with employers over wages, hours and working conditions. Labor unions are often industry-specific and tend to be more common in manufacturing, mining, construction, transportation and the public sector (Labor Unions, 2014). Congress enacted the National Labor Relations Act ("NLRA") in 1935 to protect the rights of employees and employers, to encourage collective bargaining, and to curtail certain private sector labor and management practices, which can harm the general welfare of workers, businesses and the U.S. economy (National Labor Relations Act, 2014). Labor union s are mostly associated with Democratic Party and supports them during election. When unions are powerful, they boost the incomes of not only their members but also of nonunion workers in their sector or region. Labor unions strive to improve the lives of all working families by bringing economic justice to the workplace and social justice to our nation. Also, it is important because most corporations focus on creating profits at the expense of employees. History Unions are very prevalent in the United States presently and has a long history behind it. Today there are about 16 million workers in the U.S. that belong to a labor union. The great depression brought about the creation of the National Labor Relations Act (1935) which resulted from previous...

Words: 2123 - Pages: 9

Free Essay

Loud Speaker

...The Loud Speaker Campaign Tactics BUS405 The Labor Relations Process July 30, 2011 Abstract This paper is focus on the Loud Speaker Tactics. Acoustical Enterprises makes commercial audio soundproofing material at a company in Echo, South Dakota. The Union filed an appeal with the NLRB requesting authorization as the private bargaining representative of Acoustical manufacture and maintenance workers On December 20. As the election came near, the key issue became the salaries and benefits obtained by the non-union workers at the Echo organization set against those received by unionized personnel at a Bronx, New York, business owned by the Acoustical Enterprise. The Board has petition a cross-application for implementation of its charge. Learning that the Board abused its freedom of choice in confirm the Union as the private bargaining spokesperson of Acoustic personnel’s. The Employer acknowledges refusing to bargain but argued that the Union had been incorrectly certified, and therefore no legal duty to bargain could be imposed (Holley, 2010). Explain the captive audience, 24-hour rule. Captive-audience policy applies to a legal rule prohibiting an individual from making intrusive language. This is identified as the captive-audience law. The rule is recognized under constitutional law and labor law. With the labor law, it veto’s a party to a union vote from speaking on company time to a form assembly of workers inside 24 hours of an election. A status quo in...

Words: 1548 - Pages: 7

Premium Essay

Collective Bargaining

...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...

Words: 2687 - Pages: 11