Free Essay

Right to Work Laws


Submitted By DougM757
Words 2175
Pages 9
HR 360 Research Paper – Right to Work
April 18, 2015

When the labor union movement began in the early twentieth century, the goal was to safeguard the rights of labor and putting an end to management’s almost cruel and unrestricted power. Prior to the 1930s and 40s, when most of the pro-labor legislation was passed, management was free to treat workers as it saw fit, abusing the labor with only the economic bottom line in mind. Unions became a powerful and necessary weapon for labor in the battle for rights within the workplace. Over time, federal protection for union organizing and collective bargaining allowed unions to be more powerful and politically unfair. The rights of individuals seemed to be in jeopardy, as the collective fate of the union began to take on greater importance than those of the individual workers. Because of this, many states have established right-to-work laws, which make it illegal for unions and employers to only hire union members. These laws tend to be argued, the unions believe that they weaken labor’s power, while supporters of these laws believe that they safeguard the rights of individual workers.
The unions’ power began to set in the 1930s and 40s, with the passage of the National Labor Relations Act of 1935 (NLRA), which “provided employees the right to bargain collectively for wages, benefits and better working conditions” (Henderson, 2006), for the first time in U.S. history. There have been a few judicial cases that also helped to lessen the dislike toward unions, as they tried to form rights for the unions. In the 1939 Hague v. CIO case, the Supreme Court determined that local New Jersey ordinances which limited literature distribution and mass assembly were in violation of the First Amendment. In 1940, the high-profile case Carlson v. California, determined that labor picketing fell under the protection of the First Amendment (, 2015), establishing the foundation upon which labor unions would begin to claim great power and influence within the workplace and the political also. While unions were able to grow in size and power as a result of government intervention, the rights of individual workers were getting lost. In some cases they were downright ignored, as the NLRA of 1935 which helped strengthen the unions’ position in the workplace also allowed organized labor to ask for the dismissal of any workers who were not union members (closed shops). A closed shop is “a shop in which persons are required to join a particular union as a precondition to employment and to remain union members for the duration of their employment (The Free , 2015). So while workers avoided the bullying of management, they were also under the thumb of the union. It didn’t take long for individual workers to start complaining against businesses that operated as ‘closed shops.’ The problem was first faced on the state level in the 1940s, when President Franklin D. Roosevelt’s used wartime measures to force management into agreeing to the forced unionization of all employees. Many businesses adopted the practice, and ‘closed shops’ essentially became the norm throughout the U.S. Some states began to react to the protest against forced unionization and passed legislation to address the issue. During the 1940s, twelve states passed so-called ‘right-to-work’ laws, which prevented businesses from demanding that workers join unions and pay union dues in order to be hired. Under the NLRA of 1935, the federal government still permitted the practice of forced unionization (Zieger R. H., 2002).
Taft-Hartley Act 1947
In 1947, when Congress overruled President Harry Truman’s veto of a series of revisions to the NLRA of 1935 known as the Taft-Hartley Act, it was a victory for right-to-work proponents. The Taft-Hartley Act added a clause which acknowledged that it was within states’ rights to pass right-to-work laws (Zieger R. H., 2002) . This clause, Section 14(b) of the Taft-Hartley Act, was encouraging for right-to-work supporters, but organized labor saw it as a hit to their power and would set off a lot of debates that would last decades. During the two decades following Taft-Hartley’s enactment, legislation that would do away with the right-to-work section was introduced many times, but the unions couldn’t get support to see that these measures actually made it to Congress. In 1964, organized labor had big election wins candidates who supported the unions winning seats in Congress, and the chance to finally erase Taft-Hartley as well as get rid state-mandated right-to-work laws (Zieger R. H., American Workers, American Unions: The Twentieth Century, 2002). In July of 1965, the U.S. House of Representatives passed the 14(b) Repeal Bill by a narrow margin of 221-203, and it revived the right-to-work supporters. The National Right to Work Committee, a nonprofit organization founded in 1955 to protect Americans’ right to choose to join, or not join, a union in order to secure employment, began to work to prevent the passage of the 14(b) Repeal Bill (Zieger R. H., American Workers, American Unions: The Twentieth Century, 2002).
The Repeal Bill required a two-thirds majority to pass in the Senate, as Senate Minority Leader Everett Dirksen (R-Ill.) began a filibuster to prevent its passage. As a result, the bill did not pass, as senators who supported organized labor were unable to put an end to the filibuster carried on by Dirksen and other senators who in favor of right-to-work laws in the fall of 1965 and winter of 1966. The final blow to the 14(b) Repeal Bill was dealt on February 10, 1966 by Senate Majority Leader Mike Mansfield (D-Mont.).
Common Situs Picketing Bill
Between the years of 1975 and 1977, organized labor strongly supported the common situs picketing Bill, which would have allowed building-trades unions to close construction projects that utilized dozens of independent contractors unless all employers consented to employ only union workers. If the bill passed, thousands of independent workers would be forced into unions, regardless of whether they wanted to join or not. In July 1975, the common situs picketing bill passed through the House of Representatives by a wide margin of 230-178. Organized labor scored another victory in November of the same year, pro-union senators were able to put an end to a right-to-work filibuster, and push the bill through to the White House. President Gerald Ford had previously committed to signing the common situs picketing bill, but in the face of extreme pressure from the Nation Right to Work Committee and other lobbyist groups, President Ford reversed his position. On January 2, 1976, he vetoed the bill, putting an end to it permanently. The link is the actual document of his notes on the picketing bill (Ford Library, 2015). The right-to-work movement was ready for success and the 1976 elections saw it gain many seats in Congress. Union lobbyists weren’t giving up, they realized legislation that directly attacked right-to-work laws would not pass, as organized labor didn’t have enough support in Congress. The American public had been opposed to the common situs picketing bill, which was another blow to the unions. Organized labor remained determined to get rid of right-to-work laws, and with the assistance of President Jimmy Carter’s Secretary of Labor, Ray Marshall, the so-called labor law ‘reform’ bill was revealed in 1977.
Labor Reform Bill
Secretary Marshall claimed that the bill wouldn’t make union membership necessary, but did call for more stringent penalties on employers who refused to comply with the forced unionization of their employees. This approach aided organized labor to see the bill enacted, as it passed through the House of Representatives in October 1977 by an overwhelming margin of 257-163. The true purpose of the labor law ‘reform’ bill was to increase the amount of required union dues that were collected, as the same representative who supported the bill prevented the passage of any amendments, supported by the right-to-work movement, which would have stopped union officials from using their new power to enter into new forced-due contracts (Zieger R. H., American Workers, American Union: The Twentieth Century, 2002). In the end, the labor law ‘reform’ bill never made it to President Carter’s desk, as pro-union senators were unable to put an end to yet another right-to-work filibuster, and the bill was struck dead.
The next big issue to right-to-work laws didn’t happen until 1991, when union lobbyists once again tried to expand labor’s power. Between 1991 and 1994, Congress voted on the Kennedy-Metzenbaum ‘Striker Replacement’ Bill on numerous occasions. The bill called for employers to punish or fire employees who didn’t follow strike orders from union officials.
It passed through the House of Representative in July 1991 by a margin of 247-182. The legislation was stopped once again in the Senate in June of 1982, however, by a right-to-work filibuster. When President Bill Clinton took office in 1993, he vowed to pass the ‘Striker Replacement’ Bill if it reached his desk. The bill passed through the House, this time by a margin of 239-190, but was shot down in the Senate, where a July 1994 right-to-work filibuster crushed it.
Today, the following twenty five states have passed right-to-work laws: Alabama, Arizona, Arkansas, Kansas, Florida, Georgia, Idaho, Indiana, Iowa, Louisiana, Michigan, Mississippi, Nebraska, Nevada, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Wisconsin and Wyoming. The right-to-work legislation in these states guarantees that no person can be forced to join or pay dues to a union as a condition of employment, and ended the concept of a ‘closed’ or union shop. Right-to-work supporters believe that these laws simply uphold the right of the individual, as opposed to forcing him to submit to the will of the union. The National Right to Work Committee (NRTWC) also says that statistics prove that right-to-work states enjoy greater economic success than states that call for forced union dues and fees, and a faster growth in manufacturing and nonagricultural jobs and capital expenditures, lower unemployment rates, and fewer work stoppages. Furthermore, NRTWC also maintains that per capita income has grown significantly in these states over the past couple of decades (, 2015).
Organized labor believes that right-to-work laws are actually detrimental to workers. Union leadership states that legislation allows nonmembers to receive all the same benefits that members receive without having to pay for them. They refer to these non-members as ‘free riders’ because they believe they are receiving a free ride at the expense of the union. The unions say that while they don’t believe that anyone should be forced to join a union, all workers must pay a fair share of the costs of union representation since by law, unions are required to represent all workers regardless of whether they are members or not. Also, union officials claim that workers in right-to-work states earn less than those that are not right-to-work states, as these laws actually weaken the unions and decrease wages.
It is in my opinion that right-to-work laws have become such a controversial issue, and it’s not hard to understand why groups like the NRTWC support such legislation since they protect the rights of individuals to make their own decisions when it comes to union membership. Because labor unions have fought long and hard to get the power necessary to safeguard workers’ rights, organized labor is worried of measures that might show a rollback of progress the movement has made. Until national right-to-work legislation is passed, the issue will remain in the hands of the state governments, keeping the long debate alive.

(2015, April 6). Retrieved from
(2015, April 6). Retrieved from The Free :
(2015, April 8). Retrieved from Ford Library
(2015, April 13). Retrieved from
Henderson, R. L. (2006). Compensation Management in a Knowledge-Based World (10th ed.). Upper Saddle River: Pearson Education Inc.
Zieger, R. H. (2002). American Workers, American Union: The Twentieth Century. Baltimore: Johns Hopkins University Press.
Zieger, R. H. (2002). American Workers, American Unions: The Twentieth Century. Baltimore: Johns Hopkins University Press.
Zieger, R. H. (2002). American Workers, American Unions: The Twentieth Century. Baltimore: Johns Hopkins University Press.
Zieger, R. H. (2002). American Workers, American Unions: The Twentieth Century. Baltimore: John Hopkins University Press.
Zieger, R. H. (2002). American Workers, American Unions: The Twentieth Century. Baltimore: Johns Hopkins University Press.

Similar Documents

Premium Essay

Analysis of Right to Work Laws

...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 everything about this capitalist system is as simple as everyone earning money. Indeed, a study of capitalism merely provides a way of explaining how money moves from consumers to producers. Further study of economics, financial management, and other money-related topics implies cooperation among those within the system. For example, just because Robert has something John wants does not...

Words: 5681 - Pages: 23

Premium Essay

What Is Right to Work Law

...What is a Right to Work law? A Right to Work law guarantees that no person can be compelled, as a condition of employment, to join or not to join, nor to pay dues to a labor union. Unfortunately, politicians in some states have made special mission to fight back against unions and have taken a stance to enforce the freedom of choice. These politicians like other right-to-work advocates, base their arguments on claims that this law will strengthen the state's economy and raise its standard of living. In the state of Illinois Gov. Bruce Rauner wants cities and villages to join his fight against organized labor. The Chicago Tribune posted (Trib) that “In an email to mayors across the state, the head of the lobbying organization for municipalities said Rauner has asked for city councils to consider a resolution asking the state to allow local right to work zones, as well as changes to prevailing wage laws and worker compensation laws.” Rauner has made it his number one goal to destroy the union structure as it is today. Similar to Wisconsin’s Gov. Walker whom achieved his goal finally on March 9, 2015 where even President Obama quoted saying “the new law is part of "a sustained, coordinated assault on unions, led by powerful interests and their allies in government." (Sentinal) My take on right to work is just this- A personal attack against the middle class. Before the Labor Laws went into effect allowing taxpayers the right to organize, charter and collectively bargain their working...

Words: 541 - Pages: 3

Free Essay

Right to Work in Michigan

...Right to Work in Michigan In general, The Right to work policy was put into action to prevent labor unions from establishing a requirement of employees’ memberships including union dues, or fees constricted with employment. The Right to Work law regulates the agreements that are between employee and their employers. Right to work currently exists in 24 U.S states. Recently, in 2012, Michigan and Indiana have adopted the policy. The Opponents of the Right to Work are concerned that the average wage in RTW states are lower than the average wage in a non-RTW state. Bureau of Labor Statistics, 2001, state the average worker in a RTW state would earn on average $5,000 less per year than those in other states. They do not state the cost of the wages that go to pay for the union you’re apart of in that state. According to economist Gordon Lafer, RTW laws do not boost the job growth in the states that adopt the laws, they also lower the wages and reduce benefits for union workers and non-union workers. By reducing employees’ income, a Right-to-Work law could have a significant negative effect on Michigan’s economy. Before Michigan adopted the Right to Work policy in 2012, Michigan’s cities were in an economic downward spiral. The Mackinac Center for Public Policy shows how Michigan before the RTW policy came into effect there were poorer performance in nearly every economic measure when compared to the standard RTW state. This includes poverty, unemployment, and income...

Words: 518 - Pages: 3

Free Essay

Law 531 Week 4 Quiz

...LAW 531 Week 4 Quiz To Buy This material Click below link LAW 531 Week 4 Quiz 1.)    Which of the following are protected classes under Title VII of the 1964 Civil Rights Act? Race, national origin, and sex Race, national origin, and political affiliation Race, religion, and sexual orientation Race, national origin, and alien status 2.)    What is the current status of right-to-work laws? If a state passes a right-to-work law, then state and local government employees can unionize. If a state passes a right-to-work law, then individual employees will have to pay union dues even if they do not belong to the union. Congress has passed a law prohibiting states from passing right-to-work laws. If a state passes a right-to-work law, then individual employees cannot be forced to join a union. 3.)    Under what conditions must an employer allow nonemployee union solicitation on company property? If the union is affiliated with another union that currently represents other employees of the company If there is currently no union representing the company’s employees If the purpose is to solicit employees to change union representation rather than to solicit nonunion workers to join a union If the employees live in a company town such that it would be difficult to solicit the employees off company property 4.)    In a hostile work environment sexual harassment claim, the employer will have a successful defense if the...

Words: 578 - Pages: 3

Premium Essay

The Effect of the “Right to Work” Law on Unions and Union Workers in the United States

...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...

Words: 10566 - Pages: 43

Premium Essay

Annotated Bibliography

...Annotated Bibliography Kristine B. right To Work vs. Employment at Will: What’s the Difference? 2009. Kristine argues that those who embrace the right-to-work laws are of the opinion that the laws offer the employees with a full mandate on choosing whether to belong to a workers’ union or not. She also outlines that those who oppose the right-to-work laws argue that the laws cripple the efficiency of the workers’ unions, thus rendering them incapable of negotiating on behalf of the employees. Kristine effectively outlines that the right-to-work laws act as the genesis of employment at will. This means that the employers can terminate their employee's contracts at their own leisure. The retention of an employee in a certain workstation is thus...

Words: 2073 - Pages: 9

Premium Essay

Oklahoma Labor Law

...Running head: Oklahoma Labor Law: Right to Work Laws Oklahoma Labor Law: Right to Work Laws Kidong Kim. Student The University of Central Oklahoma Today, twenty two states apply right to work laws in the U.S. Right to work laws provide the right to freedom to association to labor. “A Right to Work law guarantees that no person can be compelled, as a condition of employment, to join or not to pay dues to a labor union” (The Right to Work Principle). These common laws give the right to worker to join the unions or not to join unions. There are many reasons why these states took Right to work laws but one of the important things are that these laws help labor a lot, such as these lead higher wages, create jobs, and improve union duties. The twenty two states have Right to work laws. They chose that in the 1940’s and 1950’s after the Taft-Hartley Act of 1947 passed by U.S. congress. The Taft-Hartley Act permits that each state can make Right to Work laws. It was legislated in response to the belief that the pro-union Wagner Act of 1935 gave unions too much power (Taft-Hartley Act). In September 2001, Oklahoma got into the member of right to work states. Oklahoma became the twenty second right to work state. Oklahoma is most recent adapter state of Right to work laws. After the right to work law pass, Oklahoma’s economy has been grew up. According to the National Institute for Labor Relations Research of U.S, Oklahoma is the only state which increases worker’s income between...

Words: 843 - Pages: 4

Premium Essay

Final Essay

...How to Become a Human Rights Lawyer BB 4M1 May 1st, 2014. How can I become a Human Rights Lawyer? Education * Earn an undergraduate degree in a field such as history or social science. An undergraduate degree is a prerequisite for attending law school. While focusing on human rights issues is not strictly necessary before law school, studying history, political science, economics, foreign relations, international studies, or other related fields will help you prepare for your career. * Take the Law School Admissions Test. The LSAT is administered by the Law School Admissions Council four times a year in February, June, October, and December. Taking the test is mandatory for attending most law schools in the United States and Canada. * Apply to law school. * Attend a law school with a human rights specialization. Unlike in college, there are no majors in law school. However, in order to improve your chances of being hired as a human rights lawyer, you should attend a law school with faculty, courses, and clinics focused on human rights so that you can gain the necessary background and experience. Also look for a school that has volunteer opportunities nearby in the field. * Take courses on human rights law. Along with human rights law courses, you also might consider classes in public international law, US foreign relations, immigration law, or the laws of particular countries or regions. Most practicing attorneys have to do some domestic practice before...

Words: 888 - Pages: 4

Premium Essay

Hrm 330

...Right- to- Work When it comes to unionization in the workplace there are many policies in position to protect the worker, not only from the employer but from the union itself. One of these laws is called the right- to- work law which was brought on by the signing of the Taft- Hartley Act of 1947. There are 22 states in the U.S. that have right- to- work laws and in this paper I will be discussing what this means and whether or not it is a desirable public policy. I will also cover what it means to the employee, employer and the union. I’m going to start by defining what right- to- work means. Some people may misinterpret the meaning by thinking that it means that every person is ensured work or may be fired for any reason. This in fact is closer to the meaning of at will employment. This doesn’t ensure work but it does give the employer or employee the right to terminate at any time for any reason as long as it does not violate any laws. The purpose of right- to- work laws is to protect the employee by stating that you do not have to be part of a union to work for a certain company. So what exactly does right- to- work mean? According to the Mackinac Center, Right to Work facts authors Washburne and Kersey: “Right- to- Work is a state law that prohibits employers and unions from requiring an employee to pay dues or fees to a union in order to keep his or her job. While right- to- work laws do NOT allow individual workers to negotiate their own contracts, they...

Words: 2327 - Pages: 10

Premium Essay

Right to Work Philosophy

...Introduction Right-to-Work Laws first appeared in a significant number of states after Congress enacted the 1935 National Labor Relations Act, also known as the Wagner Act, and they remain on the books in roughly twenty two states today. The right these laws enshrine is the nineteenth-century liberal individualist conception of freedom of contract between employer and employee. They protect the individual worker's freedom to refuse to join or to help support a union, including one chosen by fellow employees as their bargaining representative. Thus, from the perspective animating the Wagner Act, they aim to undercut collective labor agreements. More specifically, right-to-work laws are aimed against union security provisions in collective labor contracts. Such provisions may require that the employer hire only union members, ensuring a so-called "closed shop," or they may require that newly hired workers join the union within a certain period. Or union security provisions may not require union membership: they may only demand that employees contribute their share to the union's costs of bargaining on workers' behalf. Also, they may provide that the employer shall deduct union dues or fees from workers' pay checks. State right-to-work laws typically outlaw all such arrangements. Most of the 22 states that have Right to Work laws adopted them in the 1940’s and 1950’s after the passage of the Taft-Hartley Act of 1947. (Encyclopedia, 2005) The right-to-work law gives workers a...

Words: 2429 - Pages: 10

Premium Essay

Intellectual Property Law

...Intellectual Property Law Embry Riddle Aeronautical University Abstract Intellectual property law is vital to protecting the rights of creative individuals and their realized ideas. Most countries around the world protect the intellectual property of authors, inventors, and artists, in some similar form whether it is copyright, trademark, or other sources of protection. The topic of discussion herein explores intellectual property law in America and the protections afforded to unique works and their creators here at home. Research was conducted using web-based resources made accessible to the public by prestigious universities such as UC Berkley and Cornell. The findings revealed a substantial legal framework of protection for authors, creators, and inventors of industrial, literary, scientific, and artistic works. Rights Protected by Intellectual Property Law Intellectual property refers to creations of the human mind: inventions, literary and artistic works, symbols, names, images, and designs used in commerce. Exclusive rights protect the intellectual property and owners under corresponding categories of law. This law encompasses the legalities of copyrights, trademarks, patents, industrial design rights, and trade secrets. Legal property rights are defensible in a court of law, and are further defined by article 9 on the Uniform Commercial Code (U.C.C). To expand on creations of the human mind, intellectual property is further broken down into two categories:...

Words: 1671 - Pages: 7

Premium Essay


...The Right to Work and At Will Employment Abstract This paper will explain the difference of The Right to Work place and an Employee at Will. There is much difference with both after research obtained; the meaning may sound similar but very much different. Many work places have these two meanings in place. As I researched, it came to me that I did not fully understand what both were. Now I am aware and will go into full explanation with both. The references will be from two online articles and the Labor Relations Process. The Right to Work and At Will Employment I would like to begin by stating that when I began my employment 16 years ago, I never acknowledged the fact that Florida was considered a right to work state. At that time, I was a new resident to Florida, therefore not understanding the Florida laws and regulations. When I was processed for employment, I am sure the HR department explained it, but I just never paid attention to it. Now that I have researched it, I have a better understanding. When I first heard the words, The Right to Work, I thought it just meant that if any employer hires you, that you just have that right to work there on your conditions. Well that was incorrect as I began my research. As far as the At Will Employment, I assumed that you are able to work at any company for any given time with no probation period occurring. Well as that research began, I was incorrect. Having the ability to understand these terms as I advance...

Words: 1447 - Pages: 6

Premium Essay

Law 531 Week 4 Irac Brief

...IRAC Brief LAW/531 May 12, 2014 Learning Team ‘A’ Reflection: Week Four IRAC Brief The Michigan Court of Appeals heard a case that involved the legality of forcing employee’s “to pay union dues or fees just to keep their jobs, despite the fact they do not belong to the union nor sought the union's so-called representation” ("Workers Defend Free Choice For Workers Against Spurious Union Boss Legal Challenge", 2014). The court ruled in favor of Michigan’s Right to Work Law that states, employees are not required to pay Union dues. The court stated that “the state had the power to make union membership optional” (Livengood, 2014). In this brief, we will identify how the legal concept of Right to Work is applied to relieve employees of compulsory union fees in a managerial setting using the IRAC method. Issue – Are mandatory service fees payable to collective bargaining agencies constitutional for state civil service non-union employees? Rule – “Agency shop” policies enforcing compulsory union fees may force employees to go against their own principles [Ellis v (Brotherhood of Railway, Airline & Steamship Clerks, 466 US 435, 455; 104 S Ct 1883; 80 L Ed 2d 428 (1984)]. Prohibiting or forcing employees to support ideological beliefs and unions violates a person’s constitutional right in the eyes of the State of Michigan. Analysis – The Michigan Court of Appeals considered the limits of the law to avoid infringing on laws superseding the State (Federal laws). During...

Words: 857 - Pages: 4

Premium Essay

Business Law Assignment I

...areas of law addressed in the chosen media report, and explain how they are relevant to the matters outlined in the report. This chosen article reports on the prosecution of the directors of a medical practice company called Medical Centre 2000 at Liverpool in Sydney for discriminating against a visually-impaired employee and underpaying her more than $20,000 for about 3 years. Civil Law Civil law can be illustrated in this case when workplace law and disability discrimination have been breached and the victim will be provided with legal remedies by the offenders. In the media report, it have been mentioned that doctors face criminal penalties for underpaying the disabled worker. As a result of this offence, they had to rectify the underpayment of the receptionist after legal proceeding was carried out. She also claimed monetary damages in cash as compensation for her loss and harassment. Corporations Law Medical Centre 2000 is a corporation which its business foundation is established, organised and administered regarding corporations law. It was discovered that the company and operators were breaching disability discrimination under the Fair Work Act. When the company received a disability worker subsidy, they were supposed to pay the blind receptionist a rate of $10-$17 per hour instead of paying less than $8 per hour. With that, they have breached their duties and have failure acting in good faith. In order to prevent further offences on her employment right, the medical...

Words: 1914 - Pages: 8

Premium Essay

Labor Law in Spain

...Labor law in Spain. Amira Hassanaly BLAW 225 Labor law in Spain. Amira Hassanaly BLAW 225 Outline I. Introduction II. Employment contract a) Permanent contract or fixed contract b) Temporary contract c) Training contract d) Work experience contract e) Part time contract III. Working Conditions a) Salary b) Working time c) Rest time d) Overtime e) Working day and family f) Holidays and leaves g) Unpaid leaves h) Maternity and paternity leave i) Dismissal IV. Employee’s rights V. Social Securities VI. Unions VII. Conclusion I. Introduction As is the case almost in all European countries, Spanish labor law is very understandable and ensure protection for employees. According to the definition labor law is a body of law that govern the employer-employee relation, including employment contract. The relationship between employer and employee is more than the exchange of labor for money it is also covers workplace rights and a large group of regulation on issues such as protection from discrimination, wages hours and health and safety. Labor law also deals with individual and collective relationships between employees and employers. The economic crisis of 2008 showed that the Spanish labor model was not working out. The labor legislation change in 2012 in order to be more suitable in a time of crisis within the labor market, the legislation modifies the institutional...

Words: 2824 - Pages: 12