Free Essay

The Union's Demand for Recognition & Bargaining Rights

In: Business and Management

Submitted By faithmampang
Words 354
Pages 2
The Union's Demand for Recognition and Bargaining Rights

In: Business and Management
The Union's Demand for Recognition and Bargaining Rights

Case 15-1: The Union’s Demand for Recognition and Bargaining Rights

In case study 15-1 a union representative made claims against a company of unfair labor practices. The Union also claimed that this was in violation of Section 8(a)(1) of the LMRA. The Union organizer claimed that the company had interrogated the employees to decipher if a union was being established in the company. Melton, the supervisor of the employees at the time of these discrepancies, did engage in questioning three employees of their union activity within the organization. The Union organizer also argued that the company had threatened employees. The Union rep was based this argument off of the comments of the new supervisor of these employees when he made the comment that if a Union was elected the janitors helpers would lose their rent free apartments and the janitors charged for second bedrooms. My opinion is this was a statement by the supervisor but did seem intended to coerce the voting. The last argument that I find most persuasive for the favor of the Union is the unique timing of new health benefits of the company (Schoen & Gilbert, 1989), which seems to be a direct persuasion to the employees to not vote for the Union.
As with all arguments there is a different view point. The company believed that because Melton’s comments were not intended to coerce employees this was not in violation. I tend to agree that despite the inquiries Melton never indicated any loss of benefits to employees. Also that Melton was terminated prior to the election so any indication of threats would be obsolete since that employee was no longer employed with the company. The company also makes the statement that the health benefits were scheduled after the company’s annual review of their current benefits package (Schoen & Gilbert, 1989).
The last position of the company was that the new supervisor’s comments were not a threat but a valid prediction. I personally believe that the most...

Similar Documents

Free Essay

The Union's Demand for Recognition and Bargaining Rights

...Case 15-1: The Union’s Demand for Recognition and Bargaining Rights In case study 15-1 a union representative made claims against a company of unfair labor practices. The Union also claimed that this was in violation of Section 8(a)(1) of the LMRA. The Union organizer claimed that the company had interrogated the employees to decipher if a union was being established in the company. Melton, the supervisor of the employees at the time of these discrepancies, did engage in questioning three employees of their union activity within the organization. The Union organizer also argued that the company had threatened employees. The Union rep was based this argument off of the comments of the new supervisor of these employees when he made the comment that if a Union was elected the janitors helpers would lose their rent free apartments and the janitors charged for second bedrooms. My opinion is this was a statement by the supervisor but did seem intended to coerce the voting. The last argument that I find most persuasive for the favor of the Union is the unique timing of new health benefits of the company (Schoen & Gilbert, 1989), which seems to be a direct persuasion to the employees to not vote for the Union. As with all arguments there is a different view point. The company believed that because Melton’s comments were not intended to coerce employees this was not in violation. I tend to agree that despite the inquiries Melton never indicated any loss of benefits to......

Words: 804 - Pages: 4

Premium Essay

The Union's Demand for Recognition and Bargaining Rights

...Application case 5-1 Human Resource Planning and Virtual Human Resource Management Discussion Question: 1. How has the emergence of the internet changed the way that organization plan and manage their human resource needs? 2. What kind of future human resource activities might we see developed over the next several years? 3. What are the legal and ethical issues surrounding the use of the Internet by individual employees for human resource activities? Are you concerned about violations of your own privacy because of these kinds of web application? 4. What specialized skills will the future HRIS professional need in order to effectively manage an organizations virtual human resource function? Problem Statement: Possible abuse (legally and ethically) of internet in an organization. Analysis and Evaluation: Technology in an organization nowadays is a necessity. The use of internet plays a big role the way organization plan and manage their human resource needs. Human resource personnel no need to have an effort for example before they use to have posters or brochures and go to different barangays or different areas to look for applicant. They also go to different newspaper companies to post their opening positions. But nowadays, Human Resource personnel no need to go to different areas, just to look for applicants because of internet. Through internet they can now interview personnel in and outside the country by applications like skype wherein you......

Words: 772 - Pages: 4

Premium Essay

Uk Trade Union in 21 Century

...of trade unions to exercise power and influence over users of their service depends on the relative demand for that service. Thus, when demands for skilled labour in the economy are high trade unions are in a relatively powerful position to negotiate a high price for the use of labour. They are also able in such circumstances to employ a wide range of sanctions against employers (and even governments). When demand for labour is slack and unemployment begins to rise, trade union power to influence events becomes more limited. In Britain the boom period for trade unions was during the 1970s when membership reached a peak of 13.2 million (1979). At that time the demand for labour was high, many skills where in short supply and there were few legal controls over collective action by unions. By 1990 the situation had changed dramatically with a deep recession, record levels of unemployment, changes In working practices brought about by new technology and last but not least, a substantial framework of labour legislation designed partly to reduce trade union power in employee relations. Union membership for 1990 had fallen to 9.8million. RECENT TRENDS IN INDUSTRIAL RELATIONS IN UK In 21st century, the Trade Unionism in UK of both public and private sector exhibit the trends such as (i) Reduction in industrial action; (ii) Role of trade unions; (iii) Collective bargaining; (iv) Employer's...

Words: 4631 - Pages: 19

Premium Essay

Collective Bargaining

...COLLECTIVE BARGAINING A just share to the fruits of one’s labor is a right guaranteed to all workers. How this right can be exercised prudently is the main concern of the module. Collective bargaining entails a membership that understands its responsibility from the moment a collective bargaining negotiation is proposed until the time that an agreement is finally implemented.  WHAT IS COLLECTIVE BARGAINING? Collective bargaining is a process of negotiating an agreement regarding the terms and conditions of employment through a system of shared responsibility and decision-making between labor and management. WHAT ARE THE BARGAINING? FOUR ESSENTIAL ELEMENTS OF COLLECTIVE Legal. Collective bargaining agreement. is a process of negotiating an of Economic. Moral. It Its contents specify the terms and conditions employment (e.g., salary/wage increase, benefits, etc.). and management. Political. The agreement is a product of a negotiation between labor involves a system of shared responsibility and decisionmaking.  WHY IS COLLECTIVE BARGAINING AN IMPORTANT ASPECT OF LABOR-MANAGEMENT RELATIONS? Collective bargaining is important because it promotes the rights and ideals of labor. 1/6 Right to life. Collective bargaining is a means of improving workers’ standard of living through just compensation and humane working conditions. Right to work. It guarantees security of tenure and employees promotion on the basis of seniority....

Words: 1332 - Pages: 6

Premium Essay

Restrictions on Collective Agreement in Industrial Relation Term Paper

...1.0 Introduction Although the procedure for obtaining union recognition is lengthy, the law recognises the rights of most workers to form and join the trade unions. The 1959 Trade Unions Act and the 1967 Industrial Relations Act (IRA), as well as other amendments place extensive restrictions on freedom on association. The ILO committee of freedom of association (CFA) has found that many provisions of the Trade Unions Act violates the principles of freedom of association, and no such actions has been taken in order to amend these laws. Some other laws, not directly related to labour issues also place restrictions on freedom on association. For example, The Malaysian Penal code requires police permission for public gatherings of more than five people. 1.1 Restrictions on Union Formation, and de-registration of unions : The Director General of Trade unions (DGTU) has the power to supervise and inspect trade unions, and can refuse to register a trade union, without giving any valid reason for the refusal. The director general also has the power to withdraw any unions which do not register, or whose registration has been denied or withdrawn or are considered as illegal organizations. The Minister of Human Resources may also suspend a trade union for up to six months in the interests of national security or public order. 1.2 Banned from organising:  The industrial unions are prohibited from organising employees in managerial and executive positions, or those......

Words: 1588 - Pages: 7

Premium Essay

Major Laws

...Labor Laws Name of the Student Class Date Abstract This paper describes provisions of major labor laws and their impact on the organizations and union management relationship. The major that have been discussed are The Railway Labor Act, The Norris-La Guardia Act, The Wagner Act, The Taft-Hartley Act and The Landrum-Griffin Act. The Unions Labors in the U.S. have been long struggled for gaining the strength as well as recognition. Many business managers have been viewed the unions as threat. After all, the major aim of the unions has to pressure the employers for raising the wages as well as improve the working conditions. Introduction The labor unions have been existed even in early days of United States republic. Such early unions had been the local crafted unions, consisting of just some members, who had been worked in similar crafted or skilled occupations. A way unions have been negotiated employment contract has known as the collective bargaining. In the collective bargaining, unions represent their members in the negotiations than having every worker individually negotiate with employer. Before Civil War, the unions were local, small as well as poorly organized. They had big trouble while persuading the employers for negotiating with the union representatives. Besides, the employers mostly directly dealt with every employee. Railway Labor Act The RLA (Railway Labor Act) had been enacted in the year 1926......

Words: 1265 - Pages: 6

Premium Essay

Mba 5501 Advance Marketing

...The Union Demand for Recognition and Bargaining Rights I. – Evaluation of Claims Made By the Union Before entering in the matter of analysing the claims made by the union will precede to define "a labor union as an organization of employees formed to advance, through collective action, its members interests with regard to wages and working conditions"(Ivancevich, 2010,p.497). Therefore, companies should have unions to protect employee’s rights and create corporate environments in which employees are treated fairly by employers. “Labor unions continue to provide a number of important benefits to workers across the country (Conrad, 2012). The current scenario presents claims made by the union in which the union filed claims against the company for employers’ constant interrogations to employees about the union activities. Employees received threats that the company will deprive them of benefits if electing the union. There was an additional claim made by the union in which the union states that the employees were threatening for not disclosing the names of other employees attending the union meetings. The union also considers that the company had no right informing the employees about knowing of the operations of joining a union. Also, the union claim that the company tried to dissuade employees from joining the union by offering to pay them certain medical benefits. Such offerings and questioning was perceived by the union as acts intended to discourage employees from...

Words: 1139 - Pages: 5

Premium Essay

Coolective Bargening

...Collective Bargaining What is Collective Bargaining? Collective bargaining consists of negotiations between an employer and a group of employees so as to determine the conditions of employment. The result of collective bargaining procedures is a collective agreement. Employees are often represented in bargaining by a union or other labor organization. By help of collective Bargaining, both employees and employers can negotiate about the specific issues, in terms of notional law, such as: the rules that govern their relationship, wages, hiring practices, layoff, promotions, safety of work, job conditions, working hours, work discipline, benefit programs, and etc. Once both sides have reached a contract that they find agreeable, it is signed and kept in place for a set period of time, most commonly three-five years. The final contract is called a collective bargaining agreement; it represents the fact that it is the result of a collective bargaining effort. When Did Collaborative Bargaining Start? The beginning of collective bargaining goes back in the late nineteenth century, when workers began to stimulate for more rights in their workplaces. Many skilled markets had begun using their skills as bargaining tools to force their employers to accept their workplace needs. Other workers relied on sheer numbers, creating general strikes to protest not suitable working conditions. Several labor pioneers started to establish a collective bargaining system so that labor......

Words: 2575 - Pages: 11

Premium Essay

Union

...“The need for power to defend their interests against management has been the major force that has driven employees to organise collectively.” “Theoretically, the rationale for unionisation appears sound. However, in practice, ensuring the solidarity of workers and controlling the supply of labour is problematic.” (Finnemore, 2013). Based on the statements above, present a detailed discussion on trade unions. Your discussion should include reasons why employees join trade unions, goals on trade unions, trade union structure and organisational effectiveness and closed shop and agency shop agreements. Darryl John Iyaloo Human Resource Management 311 (BBA) 28 April 2016 ABSTRACT This paper provides a detailed discussion on the South African Trade Union Movement. Using the case study of The Marikana Fallout, this paper will attempt to unpack why employees join trade unions, goals of the trade unions, trade union structure and organisational effectiveness, closed shop and agency shop agreements. 1. Introduction 2. The South African Trade Union Movement: A Brief History 3. The Case of The Marikana Fallout 4. The Reasons Why Employees Join Trade Unions 5. Goals Of The Trade Unions 6. Trade Unions Structure and Organisational Effectiveness 7. Closed Shop and Agency Shop Agreements 8.1 Closed Shop Agreements 8.2 Agency Shop Agreements 8. Conclusion ...

Words: 3906 - Pages: 16

Premium Essay

Human Resources

...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 related to wages, hours, and other conditions of employment that must be bargained. Voluntary (permissive or nonmandatory issues)- Topics such as benefits for retired employees, that can be bargained only if both parties so desire. Concessionary bargaining- A type of bargaining in which the employer asks the union to eliminate, limit, or reduce wages and other commitments in......

Words: 1540 - Pages: 7

Premium Essay

Forming a Union

...A union is an organization of employees who work together to negotiate and secure rights relating to compensation and rights in the workplace. There are many benefits to working in this type of environment. (www.ehow.com) Every workplace is different and the reason for forming a union may be different from another person, however, the process to form a union is the same. The UFCW Local One represents employees working in industries such as, retail food stores, retail stores, drug stores, food processing plants, transportation companies, hospitals, nursing homes, office workers, manufacturing and processing plants. No matter what your place of employment, a union can represent your interests, and the process to forming a union begins the same way in any workplace. To begin forming a union where you work, you must first find out if your co-workers want to form a union. You must first engage in their interest by communicating to a couple of trusted co-workers you believe may possibly be interested in improving the workplace. Once you believe there is an interest, contact a union representative to assist you. (Ufcwone.org/steps-form-union) Hoyt Wheeler has provided theoretical basis for union formation that entails a two stage process. Stage one consists of the worker’s readiness to take some form of stage process. Stage two represents one worker coming together with other employees as a group and deciding to take some form of collective action. (Holley, Jennings, Wolters......

Words: 1504 - Pages: 7

Premium Essay

California Pamphlet De2320

...Human Resource Management, 12e (Dessler) Chapter 15 Labor Relations and Collective Bargaining 1) About ________% of people working in the United States belong to unions. A) 5 B) 12 C) 20 D) 45 E) 62 Answer: B Explanation: Just over 17.7 million U.S. workers belong to unions—around 12.4% of the total number of men and women working in this country. Diff: 1 Page Ref: 544 Chapter: 15 Objective: 1 Skill: Concept 2) One of the earliest unions in the United States, the Knights of Labor, was formed by a group of ________. A) coal miners B) tailors C) carpenters D) railroad workers E) printers Answer: B Explanation: In 1869, a group of tailors met and formed the Knights of Labor. The Knights were interested in political reform. Diff: 2 Page Ref: 544 Chapter: 15 Objective: 1 Skill: Application 3) Who was responsible for forming the American Federation of Labor in 1886? A) Samuel Gompers B) Benjamin Franklin C) Frederick Taylor D) George Meany E) Alexander Hamilton Answer: A Explanation: In 1886, Samuel Gompers formed the American Federation of Labor (AFL). It consisted mostly of skilled workers and, unlike the Knights, focused on practical, bread-and-butter gains for its members. Diff: 2 Page Ref: 544 Chapter: 15 Objective: 1 Skill: Application 4) Which of the following was the primary goal of the American Federation of Labor? A) achieving political reform B) gaining a higher social status C) addressing immigrant labor D)...

Words: 11734 - Pages: 47

Premium Essay

Industry Analysis

...Unions) the union was first named Ccawusa (Catering and Commercial Allied Worker Union of South Africa) because of the African ring to the name, which was highlight of the commitment to serve the workers of Africa. Ccawusa was started under the support of the NUBW (white registered National Union of Distributive and Allied workers). Other Unions in the sector were predominantly white-male dominated, Ccawusa appointed Emma Mashini as the union’s first organiser. This was to send a message to the industry that Ccawusa aimed to oppose gender inequality and racial discriminations in the workplace. By 1977 Saccawu received its first recognition by Pick ‘n Pay and slowly introduced black cashiers. In 1981, the first industrial action against Allied Publishing took place to gain formal recognition for low salaries of street newspaper sellers. During the period 1990 to 1992 was a crucial period for the union in that 14000 workers on average went on strike in the retail sector, the biggest strike action since Saccawu’s inception. November 1990 a bargaining conference was held to highlight the need for setting up Industrial Councils, which would ensure decent work...

Words: 2212 - Pages: 9

Premium Essay

Labor Dispute

...The relation of the topic and the literature will further be explained in the later part of this research journal, analysis, solution, and recommendation will be stated in each article and combined together in conclusion. Literature Review Labour dispute can be related to theories of comparative industrial relation such as the impact on international labour standards, development and changes in unionism, collective and individual bargaining, and worker empowerment and conflict management. Impact on International Labour Standards (ILO), development and changes in unionism In order for collective bargaining to be successful, there are several conditions that needs to be fulfilled, there must be a freedom for both workers and employee to form their own associations to represent their interests, and stability of union must be maintained in order for collective bargaining to be effective, and for union to be able to honor the agreement. Thirdly, employer must recognize the presence of union, after recognition of union; collective bargaining then can be made (Anita Chan, 2002; David M. Trubek, 1997). Worker Empowerment and Conflict Management There are three union models according to Hyman 2001, market oriented unions where economic actors are in pursue of economic goals, class-oriented unions...

Words: 2177 - Pages: 9

Free Essay

Case Study I Advanced Managemnt

...Case Study 1: The Union’s Demand for Recognition and Bargaining Rights Sean Kail Columbia Southern University This case study is from 1975 and regards a union trying to recruits new members from an apartment building and townhouse complex. There are 11 employees that work for the Thomas Hall the property manager, in which he did not want involved in any union matters so he passed the burden onto the vice president Carl Alton. The maintenance supervisor got wind of the union trying to recruit the employees and started asking questions. Melton called and confronts multiple employees about the alleged union meetings. Melton was released by the company 15 days after the alleged phone calls and questionings. The union alleged the company violated Section 8(a)(1) of the LMRA, in which they repeatedly interrogated employees. Melton did call and question multiple employees when he got wind of the union; he was definitely in violation of the LMRA, if such were true. The company claimed that they were unaware of Melton questioning the employees and since he was let go the union can not use his actions against them. Also with the election not being held for another 36 days after Melton was let go his actions had no influence on the employee’s decisions. Melton did state “You are either on my side of the fence or your side of the fence… You always had is good. I have given you… you got a nice job, you got an apartment… this is your last chance.” (Ivancevich J. p503). ......

Words: 943 - Pages: 4