Labor Relations Essay

1. check the term corporal mess and list and describe four issues that be mandatory components of a corporate negotiate agreement. Collective negociate butt end be defined as the turn of involving representatives from both(prenominal) emgambiters and employees to come to legal injury and conditions of employment that both parties agree. These agreements ar written into leg altogether toldy binding cont procedures peachy for one to five long time. (Budd, 2009, p. 229) Four issues that atomic number 18 mandatory components of bodied bargain agreement atomic number 18 compensation, personnel policies, employer rights and responsibilities. Compensation would complicate wages, benefits, vacations, holiold age, and profit sharing. personnel department policies refer to layoffs, promotions, and transfer policies. Employers rights and responsibilities include but not peculiar(a) to seniority rights, job standards, management right, just cause, safeguard standards, and discipline and discharge, (Budd, 2009, p. 13) Employer rights and responsibilities is a component of corporate bargaining is illustrated in an article by Aaron Kuriloff. gibe to this article the NFL position is that the NFL Players railroad tie isnt bargaining in safe faith, apply delays to run out the clock on talks in the first stance disbanding the trade northern and suing the league under antitrust law for colluding to restrict establish (Kuriloff, 2011 ) The subject Football League has asked the guinea pig lying-in dealings senesce (NLRB) for clarifications in apply antitrust laws to block a lockout and elucidateing if the theme Football League Players connector is a certified aim heart. The bailiwick Football League position is that the National Football League Players tie-in is using delaying tactics and they are threatening a work stoppage. The coterminous a component of incorporated bargaining I found in an article by Howard Beck of the New York mea sure deals with compensation. The National Basketball Association is withal facing a collective bargaining agreement (CBA) Mr. Becks states, that the Owners are proposing a fundamental oerhaul of the N.B.A.s economic system, including a clayey salary cap, shorter consumes and a 38 percent reduction in worker salaries ( roughly $800 billion (Beck, 2011) The owners want to reduce salaries because 17 out of the 30 exemption aggroups are losing money at a sum of $300 million a year.While the National Basketball Players Association disputes the leagues figures because Attendance is up, the league is on pace for its highest viewership of all other professional sports. To conclude thesecollective bargaining agreements of both the NFL and the NBA stack be categorized as cosmos distributive bargaining. Both parties are going any win or lose some concessions to bear on a viable and profitable organization.2. List and discuss three U.S. laws that discombobulate collective bargaini ng, and three examples of employer unfair undertaking practices. The three laws that support collective bargaining between employers and stab unions are the National jab relations routine (NLRA) of 1935, the comprehend-Management transaction Act of 1947, and Labor-Management Reporting and Disclosure Act of 1959. The National Labor transaction Act (NLRA) of 1935, which is also known as the Wagner Act, do it legal to general anatomy unions and engage in collective bargaining. The Wagner Act created a labor environment to equalize the bargaining power between the employer and employees as stated by this text the policy of the United States to eliminate the causes of plastered substantial obstructions to the vindicate flow of commerce and to mitigate and eliminate these obstructions when they brace occurred by encouraging the practice and procedure of collective bargaining (National Labor Relations get along with)The main purpose of the Wagner Act was to encourage collectiv e bargaining in the private sector by protecting workers rights to join and number labor unions (Budd, 2009 , p. 119) Furtherto a greater extent, this act also gave more expansive powers to the federal official presidency with the regulating of labor relations and it banned employers from punishing workers for using their collective bargaining rights. Ameri drops did have the right to join unions and sorb, forward to the enactment of this law. Previously, employers had been free to spy on, to question, to discipline, to discharge, to terminate, and to blacklist employees for every joining unions or striking. According to the website Infoplease.com the Taft-Hartley Act amended much of the National Labor Relations (Wagner) Act of 1935, the federal law regulating labor relations of enterprises engaged in interstate commerce, and it nullified parts of the Federal Anti-Injunction (Norris-LaGuardia) Act of 1932.The act established take in of labor disputes on a new basis by enlarging the National Labor Relations Board and providing that the union or the employer mustiness, before terminating a collective-bargaining agreement, serve notice on the other party and on a g overnment mediation service. The government was empowered to obtain an 80-day injunction against all strikethat it deemed a peril to theme health or safety. (Taft-Hartley Labor Act, 2011) The Labor-Management Relations Act provided the government far more oversight over union activities, including the right of the U.S. president to stop a strike if it was deemed desperate to theme health. The act also stripped unions of their power in several(prenominal) ways, including forbidding unions from contributing to political campaigns and only allowing unions to organize after a mass vote by employees. Although President Truman vetoed the act, it passed easily over his veto, and this act remains the heart of U.S. labor law. The Labor-Management Reporting and Disclosure Act of 1959. as wholesome cal led the Landrum-Griffin Act, this law amended the Taft-Hartley Act to protect the rights of union members within their union and imposed new reporting requirements and codes of conduct on unions and employers. This was act created in response to the surge of corruption from various labor union officials who apply violence as a way to quail the union opposite word from employers and employees.Another process of the Labor-Management Reporting and Disclosure Act of 1959 was to stop labor unions from be infiltrated by communist. Furthermore, former members of the Communist party and former convicts were prevented from retentiveness a union office for a period of five years after resigning their Communist party membership or universe released from prison. (infoplease.com, 2011) terce examples of unfair labor practices include firing a union backer or someone trying to form a union, Failing to bargain in good faith, threatening to employees with job loss or demotion or physical harm if they support a union and preventing employees from talking to the highest degree a union or wearing union buttons when it doesnt hinder with their work duties or customers. The National Labor Relations Board which is an self-reliant federal agency devoted to conducting representation elections and adjudicating unfair labor practices (Budd, 2009 , p. 124) I want to discuss a news article written by Chris Sieroty, who writes for the Las Vegas Review-Journal.Mr. Sieroty details in his article about the labor unrest being experienced in Las Vegas Nevada concerning the allege discrimination against employees based on their national origin. The protesters also urged Station Casinos to support the unions efforts to establish a new standard when it comes to alleged discrimination against employees based on national origin. (Sieroty, 2011) at that placefore, the labor union, the Culinary Local 226is attempting to unionize nearly 13,000 workers at the 18 hotel-casinos operated by Stat ion Casinos in Southern Nevada. Station Casinos has been charged with using threats, intimidation, surveillance, bribery, discrimination and other illegal activities against employees engaged in lawfully protected union activities. The National Labor Relations Board alleges that for approximately 7 months Station Casinos has used this illegal tactic to divide and conquer in union busting strategy by not supporting an anti-discrimination policy.The article I want to discuss is an article by Steven Greenhouse. Mr. Greenhouse writes for the New York Times and his article was about the illegally firing an employee after she criticized her supervisor on her Facebook page. The action falls under unfair labor practices of firing a union supporter or someone trying to form a union. The National Labor Relations Board go in to clarify the statute that a worker could not be fired because they criticize their employer under the National Labor Relations Act. The National Labor Relations Boar d states a example of it clarifying statement, That act gives workers a federally protected right to form unions, and it prohibits employers from punishing workers whether union or unorganized for discussing workings conditions or unionization. The labor board said the companys Facebook rule was overly broad and improperly limited employees rights to discuss working conditions among themselves. In summary if we are guaranteed freedom of speech, should always trump task restrictive policies on speech (Greenhouse, 2010)3. Describe the process of establishing and derecogniseing a collective bargaining unit in the workplace. Initiating an Organizing DriveThe first step in establishing a union in the workplace is to begin by initiating an organizing drive. There are three possible initiators of an organizing a drive one or more employees, a union, or an employer (Budd, 2009 , p. 188) Then you must first understand out if your co-workers want to form a union by gauging their worry by quietly talking to a few trusted co-workers who you hypothesise may be interested in improving the workplace. Create a representative group of co-workers, commonly called an Organizing direction to make sure your efforts to form a union succeed. The Organizing Committee educates fellow workers about the benefits of unionizing and your rights under the law. The Organizing Committee should consist of people fromevery department in your workplace and should be representative of all races, genders, and ethnicities. The committee then should gather an employee list, as well as study about your employer. (How To Organize A Labor uniting At Your Workplace, 2010) Building and Documenting SupportThe second step in establishing a union in the workplace is to begin building and archiveing support. You must document a minimum of 30% of your fellow employees who have to shown interest in forming a union at your workplace. This next step is most likely accomplished by the signing of Au thorization witticisms or but A Cards by the employee. By virtue of your signature, the A Card signifies that you desire for the union to represent you for the purpose of collective bargaining. However if you roll up more than 50% of the workplace showing interest in being represented by a union you may request that the employer concede your union. Subsequently if the employer refuses to volunteer have sex the labor union, there are alternates to be recognized by the employer available.Alternates to Voluntary RecognitionThe third step in establishing a union in the workplace is to begin using alternates to voluntary lore. After the bulk of the employees have decided to join the union, your employer forget either recognize the union or refuse to recognize it. The alternative for a union to recognize by an employer is by launching a recognition strike. A recognition strike is a strike used by employees to make an employer recognize their labor union. This strike dischargenot last more than thirty days without the risk of being replaced. The Landrum Griffin Act created alternative to strike for union to be recognized by register a beseech with the National Labor Relations Board (NLRB), to represent elections to certify the labor union. The board exit then decide who is eligible to vote and they will schedule the election.File Election PetitionThe next step can be either third or fourth step in establishing a union in the workplace, this step is done by filing a petition with the National Labor Relations Board (NLRB), to hold election. You must request the National Labor Relations Board (NLRB), which is an simple governmentagency, to hold a secret ballot election. Once it is ascertain that the bargaining unit is appropriate and that no supervisors or management are included, a date will be set by the NLRB for the election, usually 5 to 7 weeks out.Hold National Labor Relations Board ElectionsThe next step can be either fourth or fifth step in establ ishing a union in the workplace, this closing step is done by workers in favor of the union. The pro-union worker will have to campaign to keep pro-union workers and take stairs to win over any workers who are against the union. If the union wins the election, by law the employer must recognize and bargain with the union. The National Labor Relations Board is responsible for backing up polling places, usually on the employers property. The National Labor Relations Board is also responsible and supervising the election. By casting a paper ballot into a ballot box is the usual median that employees vote. At the end of the voting period the polls are closed(a) and the ballots are counted right on the spot. The union must win the majority of the votes to be declared the winner. The opposite of a certification election is a decertification election. This type of election is used to determine whether a majority of enrol employees no longer wish to be represented by their union (Budd, 2009 , p. 192) To request such an election, at least 30 percent of the employees must file a decertification petition asserting that the currently certified union no longer represents the employees in the bargaining unit before it can be considered by the National Labor Relations Board (NLRB).To decertify a union, the union representation must have been effect for more than a year and the decertification petition has to be filed during a timeframe of 60 to 90 days before the expiration on the union contract, although healthcare workers are afforded addition time for decertification and that window is 90 to 120 days prior to the expiration of their union contracts. According to Ohio Hospital Associations information on the decertification process it is regarded as The general rule for unions with a negotiated contract in place is that a decertification petition can only be filed 60 to 90 days prior to the expiration of the contract (or every three years, whichever comes first). For h ealth care employees, this window is 90 to 120 days prior to the expiration of the contract (Ohio Hospital Association) The National Labor Relations Board require that alldecertification is free from managerial influences , and that all signatures on the petition were collected during non-work time and off the worksite.After the National Labor Relations Board verifies the signatures on the decertification petition, a decertification election is scheduled in approximately 60 days. The union will be decertified if a majority of the members vote against being represented by the union as it bargaining unit. In an article by Aaron Kuriloff he quotes the NFLs position that the NFLPA is using decertification as a tactic to get a better labor contract. The NFL said the unions threat to decertify is a ploy and an unlawful subversion of the collective bargaining process, there being no evidence whatsoever of any (let alone widespread) dissatisfaction with the union by its members (Kuriloff, 2 011 ) giving agency was created when the union was decertified after the 1987 strike. The NFL owners just want the NFLPA to bargain in good faith and the NFLPA also want the same with more taxation sharing.4. Describe the process of administering a collective bargaining agreement (CBA) to include the role and function of an arbitrator. What are the issues, and how are they handled? Through the process of collective bargaining, employers and unions negotiate terms and conditions of employment and put these terms in a written contract, also called collective bargaining agreements. (Budd, 2009 , p. 229) During the process of administering a collective bargaining agreement the employer and union are obligated to meet at powerable times to negotiate in good faith about mandatory bargaining items. Mandatory bargaining items are wages, hours, vacation time, insurance, safety practices and the terms and conditions of employment. According to the National Labor Relations Act if either par ty to refuses to bargain collectively with each other, it is considered an unfair labor practice, notwithstanding parties are not forced to reach an agreement or make any allowances.The collective bargaining process comprises of five core steps Prepare This strain involves composition of a negotiation team. The negotiation team should consist of representatives of both the parties with adequate knowledge and skills for negotiation. In this phase both the employers representatives and the union examine their own situation in modulate to develop the issues that they believe will be most important. The first liaison to be done is to determine whether there is actually any reasonto negotiate at all. A correct understanding of the main issues to be covered and intimate knowledge of operations, working conditions, production norms and other relevant conditions is required. Discuss Here, the parties decide the ground rules that will guide the negotiations. A process well begun is half done and this is no less true in case of collective bargaining. An environment of mutual trust and understanding is also created so that the collective bargaining agreement would be reached.Propose This phase involves the initial opening statements and the possible options that exist to re exonerate them. In a word, this phase could be described as brainstorming. The exchange of messages takes place and opinion of both the parties is sought. Bargain negotiations are easy if a occupation solving attitude is adopted. This stage comprises the time when what ifs and supposals are set onward and the drafting of agreements take place. Settlement Once the parties are through with the bargaining process, a consensual agreement is reached upon wherein both the parties agree to a common decision regarding the problem or the issue. This stage is described as consisting of effectual joint implementation of the agreement through shared visions, strategic cookery and negotiated change. (Collec tive talk terms Process, 2007) According to the website Industrial Relations Home Collective Bargaining Process the collective bargaining process comprises of five core steps in which are Prepare, Discuss, Propose, Bargain, and Settlement.The first process of preparing is getting your team together the second step is discussing the grievances, common concerns and goals the third step is proposing the methods on how to solve grievances, common concerns and goals the fourth step is bargaining to reach an agreement that all parties can abide by the final step is making a settlement on the terms of the contract.WORK CITEDBudd, J. W. ( 2009 ). Labor Relations prominent a Balance. New York McGraw-Hill. MLBPA. (2014). History of the major league baseball players association. Retrieved from http//mlb.mlb.com/pa/info/history.jsp Kuriloff, A. (2011). NFL Files Unfair-Labor Practices Complaint Against Union in Contract Talks. Retrieved February 19, 2011, from Bloomberg http//www.bloomberg.c om/news/2011-02-14/nfl-files-unfair-labor-practice-char