...in a union-free environment vs. a unionized environment. Non-unionized workers are not the individuals that have no membership in a union nor have any type of union representation for them. Workers that have no union, works in an environment that is easily approachable to work with and more flexibility in being able to negotiate their own wages and benefits as an individual. The business owners that operate in non-unionized workplaces have more flexibility and freedom. Being able to have the freedom to negotiate directly from yourself with your manager/supervisor can produce substantial advantages for creating highly productive employees. Working within a non-unionized environment has its perks, but also has its cons in having to deal with the lengthy processes in dealing with individuals. To be able to have more freedom when having to deal with the dismissal process, but also being able to approach your supervisor on issues and negotiation processes. Being able to do at-will dismissal on an individual for violations of policy and contracts, this does avoid the lengthy process that unionized environments deal with. Having the ability to be able to just dismiss or remove employees that are not productive or become disruptive makes the workplace a pleasant working environment and in turn is able to protect the company and its assets and profits as well. Most companies do work with non-unionized environments and have been successful into the future. Unions tie the...
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...August 30, 2012 So we are now in the contents of CBA. The implementing rules allow a multiple employer bargaining in such a case there will be as many CBA as there are employers. There common provisions but there are also specific provisions in which case there will be one instrument containing several collective bargaining agreements, in which case the ratification must be fulfilled as to each bargaining unit. If there is one BU that does not ratify the multiple employers CBA, what happens? That part of the CBA will not be effective, that part of the instrument will be taken out. So, you have to make a differentiation as to the instrument and the agreement. The agreement is separate and distinct from the instrument, so if you have multiple employers the title would not collective bargaining agreement but collective bargaining agreements. That is why these provisions in the implementing rules of multiple-employer are easier said than done. Multiple CBA saun lang sultihon lisod buhaton. Single enterprise bargaining, multiple employer bargaining you will find that in Rule 16 Section 3 up to Section 7 Book V of the implementing rules. Look at section 7 it says: The two signed copies of the CBA which will be multi-employer bargaining shall be posted for at least 5 days in two conspicuous areas in each work place of the employer units concerned, the said CBA shall affect only those employees in the BU who have ratified it | The same CBA with the department in accordance...
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...someone gay or a lesbian, and recognizing same-sex couples should be able to marry whoever he or she love regardless of sexual preference not to mention infringement of one’s civil rights. Homosexuality is as natural as heterosexuality, and there is not one societal benefit for denying same-sex unions. Seems the argument against same-sex marriage it is forbidden in the Bible and thinking of the act itself. Acceptance continues to increase among generations, marriage equality will be law and such unions will be recognized. Historically marriage is seen as a heterosexual privilege, not even interracial marriage was acceptable and many people continue to believe this, regardless of the many changes in today’s world. Times have changed and advocates argue same-sex couples deserve right to the same benefits of marriage appreciated by heterosexual couple, and by denying same sex marriage is unconstitutional discrimination. On the other hand the oppositions argues changing the acceptable definition of marriage as between heterosexual couples will weaken an already threatened institution and by legalizing same-sex unions will introduce legalization of polygamy, incestuous, and non-traditional unions the right to marry, which seems to be a little extreme. Glen Lavy, JD, senior counsel with the Alliance Defense fund, argued in May 21, 2008 Los Angeles Times Op-Ed, “ The movement of polygamy and...
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...Lyceum of the Philippines University - Batangas Graduate School | Employment Rights | Trends and Issues | | Ma Chere Gracita C. Reyes-Bilog | 04/25/2015 | Name: Ma Chere Gracita C. Reyes-Bilog C/Y/S: Masters in Business Administration S/T/R/D: MBA 518 / 1-4 PM / SHL 203 / Sat Professor: Dr. Leon R. Ramos, Jr. | Abstract Objectives: A. Cognitive: Identify the different rights of an employee. B. Affective: Develop a better understanding of the rights of the employee. C. Psychomotor: Apply the concepts to real-life situations and work conditions and be guided by the knowledge acquired in developing good corporate governance policies relating the rights of the employees. Definition of terms: Authorized Causes refers to the grounds of dismissal s to the grounds of dismissal that are allowed by law on grounds of business or organizational necessity (Atienza, 2004). Casual Employment refers employment which is neither regular, nor for a fixed period nor seasonal (Labor Code). It is one where an employee is engaged to perform a job, work or service which is merely incidental to the business of the employer, and such ob, work or service, is for a definite period made known to the employer at the time of the employment (Omnibus Rules Implementing the Labor Code). Constitution refers to the standard of validity for all acts, both public and private. It is a written instrument that serves as the fundamental or supreme law of the land (Carmelo...
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...* How is it different than traditional compensation * Why compensation philosophies vary by organization * Entitlement vs. performance philosophies Intrinsic vs. extrinsic rewards- Intrinsic rewards may include praise for completing a project or meeting performance objectives. Other psychological and social forms of compensation also reflect intrinsic type of rewards. Extrinsic rewards 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...
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...Outline Thesis: Union Close Shops are economically depressing to the region that they exist in. Evidence 1: Retards economic growth of the region 1. Louisiana and Illinois study Evidence 2: Reduces company competiveness in the national and global market 1. Evidence 3: Reduces private investment 1. Evidence 4: Decreases worker’s earned income and raises the cost of living. Thesis: Union Close Shops are economically depressing to the region that they exist in. The late Sen. Paul Tsongas once said, “You cannot redistribute wealth you never created. You can’t be pro-jobs and anti-business at the same time. You cannot love employment and hate employers.” Currently 22 states have right-to-work laws, which guarantee workers the right to determine individually whether or not they will join or otherwise support a labor union. The remaining states are Evidence 1: Retards economic growth of the region Every States are ranked on their economic competitiveness in a report called "Rich States, Poor States" for the American Legislative Exchange Council. This ranking uses 15 fiscal, tax and regulatory variables to determine which states have policies that are most conducive to prosperity. One of these 15 policies, right to work laws, has consistently stood out as one of the most important in predicting where jobs will be created and incomes will rise. States that have right-to-work laws grow faster than states with forced unionism. Over the...
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...Labor Laws and Unions During week two of the class, the individual paper will give a brief background on United Auto Workers Union. It will discuss the legal issues and obstacles that it has or may encounter. This paper will discuss which federal, state, or local laws that could be broken due to the legal issues that has happen. The author will discuss the effects of the union by answering these following questions: What are the organization’s benefits of joining a union, what is the unionization process, how does a union bargain, and what effects does union bargaining have on the organization. The United Auto Worker (UAW) represents workers in the United States and Puerto Rico, and formerly in Canada. It was founded in 1930’s as part of the Congress of Industrial Organizations (CIO). From 1936 to 1950’s UAW grew rapidly; under the leadership of Walter Reuther it had a major role in the liberal wing of the Democratic Party, which include the civil rights and anti-communist movements. According to (UAW, 2010) UAW has more than 390,000 active members and more than 600,000 retired members. A majority of the union’s retirees stay actively involved in the life of their union, which they participate in 703 retiree chapters and play a vital role in the UAW’s community action program (UAW, 2010). The legal issues and obstacles that UAW faced was in the early years the union found itself face to face with the law by promoting wildcat strikes and work stoppages. According to US Supreme...
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...Labor Laws and Unions Headquartered in Chicago, Illinois, Boeing company is ranked 36th in 500 Fortune list in 2011 (Fortune 500, 2011). Boeing comprises of five segments: Commercial Airplanes, Boeing Military Aircrafts, Network & Space Systems, Global Services & Support, and Boeing Capital Corporation. Boeing products and services include in the design, development, manufacture, sale, and support of commercial jetliners, military aircraft, satellites, missile defense, human space flight, and launch systems and services worldwide. Boeing is one of the largest aircraft manufacturers in the world. It supplies aircrafts to more than 90 countries. It employs more than 160,000 people across the United States and in 70 countries. For the last five years, Boeing average revenue is approximately 64 billion dollars and about 3 billion dollars in net profit. Boeing is ranked 36 in the Fortune 500 companies. There are currently two union organizations within Boeing; the International Association of Machinists and Aerospace Workers local 751 (IAM) and the Society of Professional Engineering Employees (SPEEA). Unionization process started when Union representatives organized Boeing employees to obtain more than 50 percent of signed authorization cards. Then election was petitioned and recognized by the National Labor Relation Board (NLRB) and thus unions were certified and formed. Union members receive higher wages, better benefits and working conditions than the non-union members do. According...
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...DELAY DEFEATS EQUITY Vigilantibus non dormientibus aequitas subvenit INDEX OF AUTHORITY BIBLIOGRAPHY * Equity, Trusts and Specific Relief, B.M. Gandhi, 4th Edition, 2007 * Snell’s Principles of Equity, p. 33 * Frunk and Wagnalls Standard Hand Book. Fernald J.C, 1973 * Black’s Law Dictionary, 9th Edition, 2009 INDEX OF CASES * Allcard v Skinner (1887) 36 Ch D 145 * Lindsay Petroleum Co. v Hurd (1874) LR 5 PC * Nwakobi v Nzekwu 1964 WLR 1019 * Poole Corporation v. Moody, 1945 KB 250 * Smith v Clay 28 U.S. (3 Pet.) 411 * Ramsden v Dyson 1866) LR 1 HL 129 * Willmot v Barber (1880) 15 Ch D 96 * Prince of Wales v Collom (1916) 2 KB 193 * Forbes v Rall AIR 1925 PC 146 * Jadunath v Chandra Bhushan (1858) 6 HL Cas 633 * Union of India v Kishorilal Bablani (1999( 1 SCC 48 * Chatrabhuj v Mansukhram AIR 1925 Bom 183 * DDA v Ravindra Mohan Aggarwal (1999) 3 SCC 172 * Thakur Bai v Laxmi Chand AIR 1990 Del 223 * Mahadav v Kalekar v State Bank of Hyderabad (1990) 4 SCC 174 * Gauri Shankar Gaur v State of UP (1994) 1 SCC 92 * Ratan Chandra v Union of India 1993 Supp 4 SCC 67 * Krishna Dev v Ram Piari AIR 1964 HP 34 * Raghavan Nair v State AIR 1956 Trav. Co 77 * Tannu Singh v State of UP AIR 1992 NOC 9 * P.K. Ramchandran v State of Kerala (1997) 7 SCC 556 * Pallav Sheth v Custodian (2001) 7 SCC 549 * Tilokchand Motichand & Ors vs H.B. Munshi & Anr 1970 AIR 898 ...
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...influence key local establishment level decisions that affect their day-to-day work (Kim, MacDuffle, Pil, 2010). Indirect forms of employee voice exert influence on issues affecting employees and their work by using employee representatives such as unions, joint labor-management consultation committees, and employee representation. These indirect arrangements differ from direct employee involvement in how employee influence is expressed alongside the...
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...Labor Laws and Unions Walmart is one of the biggest retail stores in the world. Walmart operates worldwide with current total count of its stores reaching 9.667 stores worldwide (Walmart Corporate, 2011). Interestingly, Walmart is an organization that is currently non-unionized. This paper will provide brief background information on Walmart organization. Legal issues and obstacles that Walmart could encounter will also be identified. The writer will determine which federal, state, or local laws could be broken because of the legal issues and why. Finally, recommendations to minimize possible litigation will be provided. The second part of the paper will deal with scenario if Walmart joining a union. Effects of the union on Walmart will be discussed next on the paper. Organization’s benefits of joining a union will be analyzed. Process of unionization will be discussed. And ways on how a union bargains and its effects on Walmart will be considered. Walmart’s Background Walmart begins in 1962 along with other retail stores such as Kmart and Target. Walmart has a humble beginning, with its owner Sam Walton put up 95 percent of their money to open the first Walmart stores in Rogers, Arkansas. Walmart finally goes public ten years later in 1972 which brings more capital to the organization. Walmart starts booming in the 1980s, where in the period of 10 years, sales grow from $ 1 billion in 1980s to $26 billion in 1989. In 21st century, Walmart is serving more than 176 million...
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...mind. As educators we are presented with some of the same or similar challenges. Although we are unionized, at the local and federal levels, our duties are governed by the job classifications set forth by the Department of Defense Education Agency (DODEA. Based upon our educational level, i.e. BA,BS,MS, D r. and certifications our pay rates are established and pay increases are scheduled in accordance to your length of service and additional training completed beyond your degree level. There are also pay increases set forth by the U>S> Government. Fringe benefits such as Living Quarters Allowance, logistic and travel agreement are supported and negotiated by our union. If an employee is disgruntled, we have a grievance process in place to ensure that our legal rights are not being violated. The union also ensures that occupational Health and Safety (OSHA) standards are being met. Teachers do not qualify for over time because they are salaried employees but educators can apply for extra-curricular positions such as sports coaching, homework clubs, language clubs, after school detention supervisor, drama clubs and even chair various committees, just to name a few. These extra duty jobs are paid positions. One key issues, that appears to be an impediment to the success of Treadway Company, is the selection process for line foreman. I think that more emphasis should be on the internal employees. The employees should be provided with more training and educational opportunities...
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...BECAUSE MY COMPLAINANTS THEY ARE REGULAR EMPLOYEE OF HEREIN RESPONDENT COMPANY AND INDIVIDUAL MEMBER OF THE BUKLURAN NG MANGGAGAWANG PILIPINO (BMP), A TRADE UNION POLITICAL CENTER DULY REGISTERED BEFORE THE DEPARTMENT OF LABOR AND EMPLOYMENT. EVENTHOUGH THE COMPLAINANTS THEY CANNOT SIGN HAVE CONTRACTED BUT THEY HAVE MORE PAPERS TO PROVE THE COMPLAINANTS THEY ARE ILLEGALLY CONSTRUCTIVELY DISMISSED. THEY HAVE XEROX COPIES OF COMPLAINANTS’ TIME CARDS; COPIES OF THE PAYROLLS ARE IN THE CUSTODY OF THE RESPONDENT COMPANY AND PAY SLIPS. AS A LAWYER THAT ARE NOT ONLY A PROVEN TO MY COMPLAINANTS. BECAUSE THEY HAVE RELATIONSHIP EMPLOYER TO EMPLOYEE, THE FOUR ELEMENTS MOST IMPORTANT IS RIGHT OF CONTROL TEST, WHY? BECAUSE THE COMPLAINANTS EVENTHOUGH THEY WILL NOT TO SIGN OF CONTRACT BUT THEY WORK ARE OKEY UNTIL END OF WORK OF THE COMPANY SO THEY HAVE GOOD RELATIONSHIP EMPLOYER TO EMPLOYEE. ACCORDING ARTICLE 280 THE COMPLAINANTS ARE REGULAR EMPLOYEE. AND ALSO INDEPENDENT CONTRACTOR CAUSE THEY WILL NOT SIGN OF CONTRACT, ARTICLE 279 SECURITY OF TENURE, ARTICLE 281 PROBATIONARY EMPLOYMENTS AND FOOTNOTES. BECAUSE THE RESPONDENT FAILED TO APPEAR IN THE MANDATORY CONFERENCE HELD BEFORE THIS HONORABLE OFFICE ON 30 APRIL 2012,WHICH MEAN THE RESPONDENT ARE STRIKE THE LAW WHY? ACCORDING ARTICLE 263 STRIKES AND LOCKOUTS AND FOREIGN INVOLVEMENT IN TRADE UNION ACTIVITIES.ARTICLE 247 UNFAIR LABOR PRACTICE (ULP). EMPLOYER GIVE THE STRIKE DURATION PAY.THE COMPLAINANTS NEED DUE PROCESS CAUSE OF RESPONDENT MARCELO...
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...Most people believe that they deserve the rights they are granted by the government. An upstanding citizen who pays their taxes, serves their community and abides by the law should be afforded the rights of an American. However, not all citizens are afforded equal rights. Gay and lesbians are consistently denied rights that are typically taken for granted by the average American. Specifically, gay and lesbians couples are denied the right to marry even if they are upstanding citizens. They are held at an unfair disadvantage solely because of their sexual orientation. This discrimination must stop because gay and lesbian couples are law-abiding citizens too, who should be afforded the same rights as heterosexual couples. One common problem that plagues gay and lesbian couples that are denied the right to marry is their inability to claim their partner’s social security after he or she has died. The Human Rights Campaign, which work to achieve equal rights for lesbian, gay, bi-sexual and transgender people, is supporting the effort to attain survivor benefits for domesticate partners. They believe, “Any alteration to the Social Security system must include partners of gays and lesbians in its definition of survivor”(Survivor Benefits 1). Currently, there are no programs that give homosexuals survivor benefits like the ones that are provided for heterosexuals who are married or divorced. Gay and lesbian partners are not able to claim benefits of their deceased, regardless...
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...creation of Unions……………………………………………………………….…………6-7 Pros and Cons of Union Membership…………………………………………..…………….....7-9 Today’s need for Unions ……………..…………………………………………………..…...9-10 Conclusion ……………………………………………………………………………………....10 References ……………………………………………………………………………………….11 Abstract This paper will examine whether or not there exist a current need for labor unions. ? During the 1700’s to early 1800’s, men, women, and children were treated to unbearable working conditions, low wages, and long hours. Over time the workers became fed up of the abuse and decide to unite and make changes. This change resulted in the creation of labor unions. Through, the creation and use of these unions, workers have enjoyed perks such as 40 hour work days, certain benefits and better working conditions. Over the years, the labor force has undergone multiple changes. Laws were enacted to protect employees and hold employers accountable for their abuse of personnel. With the creation and passing of the multiply employment laws, one must ask, does the need for unions still exist? Do they still serve a function or have they out served their purpose? You may associate the names Ronald Reagan, Susan B. Anthony, and Melissa Gilbert with acting, the Civil Rights movement and the presidency of the United States. However, all three individuals had one thing in common. At one point in their lives, they were union presidents...
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