group Bargaining

Kaiser Family Foundation State Health Facts - group Bargaining

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Many things have changed over the last 20 to 30 years in American culture. Some of the changes contain the advancement of technology and the commerce shift from production to service. As history has shown, unequal pay and medicine of employees has transformed employment an unbiased opening for the American dream to a dog-eat-dog world.

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Kaiser Family Foundation State Health Facts

Many fellowships believe their employees should be happy with a paycheck at the end of the week, while employees want more than just a paycheck. Thus many new laws and the formation of a Union came forth.

During the 1930s, labor union membership in the United States increased rapidly, aided by the Wagner Act of 1935, which had protected the right of workers to institute and strike. Conservatives cited a coal miners' attack while World War Ii and a wave of strikes across many industries after the war as evidence that labor unions had come to be too considerable and unrestrained.

In 1946 Republicans won operate of both the House and Senate for the first time since 1930. Senator Robert A. Taft, Sr. (Republican-Ohio), chair of the Senate Labor and collective Welfare Committee, and Representative Fred Hartley, Jr. (Republican-New Jersey), chair of the House education and Labor Committee, sponsored the Labor-Management Relations Act of 1947 to regulate union activities. Their legislation became known as the Taft-Hartley Act. (Hartman)

Passed over President Harry Trum's veto, the Taft-Hartley Act allowed states to enact "right to work" laws to outlaw terminated shops, fellowships where only union members could be employed. Taft-Hartley also prohibited jurisdictional strikes, in which distinct unions struck a firm to rule which one would record its workers, and barred communists from serving as union officers. Taft-Hartley gave Presidents the right to seek a federal court injunction to call off strikes for an 80-day "cooling off" period. This would allow work to continue while supervision and labor negotiated a contract. Although highly controversial, and strongly opposed by labor unions, the Republican-sponsored Taft-Hartley Act has remained largely unchanged by later Democratic majorities in Congress. (Byars & Rue, 2004, p. 381).

Taft-Hartley Act

Federal law (in full, Labor supervision Relations Act) enacted in 1947, which restored to supervision in unionized industries some of the bargaining power it had lost in pro-union legislation prior to World War Ii. Taft-Hartley prohibited a union from:

o refusing to bargain in good faith

o coercing employees to join a union

o imposing immoderate or discriminatory dues and initiation fees

o forcing employers to hire union workers to achieve unneeded or non-existent tasks (a practice known as featherbedding)

o stunning to influence a bargaining unit's choice in the middle of two contesting unions (called a jurisdictional strike)

o animated in secondary boycotts against businesses selling or handling nonunion goods

o animated in condolence strikes in sustain of other unions
Taft-Hartley also

o imposed disclosure requirements to regulate union firm dealings and locate fraud and racketeering

o prohibited unions from directly production contributions to candidates running for federal offices

o authorized the President of the United States to postpone strikes in industries deemed considerable to national economic health or national protection by declaring an 80-day "cooling-off period"

o permitted states to enact right-to-work laws, which outlaw compulsory unionization.

The National Labor Relations Board is an independent federal division created by Congress in 1935 to administer the National Labor Relations Act, the customary law governing relations in the middle of unions and employers in the hidden sector. The statute guarantees the right of employees to institute and to bargain collectively with their employers, and to engage in other protected concerted activity with or without a union, or to refrain from all such activity. (Byars & Rue, 2004 p. 365).

National Labor Relations Board (Nlrb), independent division of the U.S. Government created under the National Labor Relations Act of 1935 (Wagner Act), and amended by the acts of 1947 (Taft-Hartley Labor Act) and 1959 (Landrum-Griffin Act), which affirmed labor's right to institute and bargain collectively through representatives of their own choice or to refrain from such activities. The board consist of five members (appointed by the U.S. President with the approval of the Senate for five-year terms) is assisted by 33 regional directors.

This board determines allowable bargaining units, conducts elections for union representation, and investigates charges of unfair labor practices by employers. Unfair practices contain interference, coercion, or restraint in labor's self-organizational rights; interference with the formation of labor unions; encouraging or discouraging membership in a union; and refusal to bargain collectively with a duly chosen employee representative. The Nlrb does not have the power to consider cases animated real estate brokers, agricultural employees, domestic workers, house workers, government employees, and church-run schools. (www.hlrb.com)

State laws that make it illegal for labor unions and employers to enter into contracts that supply for a firm to employ only union members in the jobs covered by the contract. One typical version of a right-to-work law reads, "No someone may be denied employment, and employers may not be denied the right to employ any person, because of that person's membership or non-membership in any labor organization." (Hedding) Labor union leaders typically seek the repeal of right-to-work laws because much lower percentages of workers choose to join unions and pay dues in states where such laws are in effect.

Defenders of right-to-work laws tend to argue that workers who refuse to join unions in general do so because they just do not value the collective bargaining services that unions achieve and/or because they disagree with the political causes that unions sustain with their dues money. Opponents of right-to-work laws tend to see refusal to join a union in general as attempting to be a free rider that enjoys the very real benefits of union representation without having to pay his fair share of the cost. About 20 Us states have some version of such a law presently in effect.

I current live in Arizona, which is a Right to Work state. Often there is obscuring as to what that means. Many population believe it means that you can be fired from your job without explanation, and they are, therefore, reluctant to live and work in a Right to Work state. That is not the basis of the Right to Work concept. A Right to Work law guarantees that no someone can be compelled, as a health of employment, to join or not to join, or to pay dues to a labor union. In other words, if you work in a Right to Work state, like Arizona, and the employees form a union, you may not be fired if you rule not to join. Likewise, if you are a member of a union in a Right to Work state, and you rule to resign from the union, you may not be fired for that reason. (Hedding)

Here is how Arizona's Constitution, report Xxv, reads:
"Right to work or employment without membership in labor organization
No someone shall be denied the opening to derive or sustain employment because of non-membership in a labor organization, nor shall the State or any subdivision thereof, or any corporation, private or connection of any kind enter into any agreement, written or oral, which excludes any someone from employment or continuation of employment because of non-membership in a labor organization. (Addition approved choosing Nov. 5, 1946, eff. Nov. 25, 1946; amended November 30, 1982.)"

Facts About Right to Work

1. If you work primarily in a Right to Work state you have the right to decline joining a union and you cannot be required to pay dues or an division fee to the union unless you choose to join the union. This includes State or Local Government employees, collective School Teachers and College Professors.

2. If your employment takes place on Federal property, there may be an exception to amount (1) above. Check with your definite state.

3. All employees of the Federal Government, including Postal service employees, by law are guaranteed the right to decline union membership. You cannot be required to pay dues or fees to a union, no matter where you work.

4. Railway and airline employees are not protected by state Right to Work laws.

Proponents of Right to Work laws point to what they say is empirical evidence that Right to Work states (mostly southern and western states) enjoy faster economic and employment increase than non-Right to Work states. (Hedding)

Opponents of Right to Work laws argue that mandatory union membership is considerable to offset the power of big firm in a market economy, which is responsible for the decline in real earnings for workers and greater earnings inequities. They also argue that Right to Work laws give some employees a free ride, by enjoying the benefits of unionization where they work without paying the costs connected with maintaining their employment possession and benefits.

Since the 1940s, twenty-two states (and Guam) have enacted Right to Work laws. They are: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Iowa, Kansas, Louisiana, Mississippi, Nebraska, Nevada, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and Wyoming.

Whether or not you agree with Right to Work laws, and either or not you want to live in a Right to Work state, it is foremost to recognize that the Right to Work laws are not to be confused with the idea of Employment At Will. Agreeing to J. Steven Niznik in his report entitled, Employment at Will, "The Employment at Will religious doctrine means that employment is voluntary for both employees and employers. As an at-will employee, you may quit your job whenever and for anyone guess you want, ordinarily without consequence. In turn, at-will employers may quit you whenever and for anyone guess they want, ordinarily without consequence."

Collective bargaining consists of negotiations in the middle of an manager and a group of employees so as to rule the conditions of employment. The supervene of collective bargaining procedures is a collective agreement. Employees are often represented in bargaining by a union or other labor organization. collective bargaining is governed by federal and state statutory laws, executive division regulations, and judicial decisions. In areas where federal and state law overlap, state laws are preempted.

The Nlra establishes procedures for the choice of a labor society to record a unit of employees in collective bargaining. The act prohibits employers from interfering with this selection. The Nlra requires the manager to bargain with the appointed representative of its employees. It does not wish either side to agree to a proposal or make concessions but does institute procedural guidelines on good faith bargaining. Proposals, which would violate the Nlra or other laws, may not be subject to collective bargaining. The Nlra also establishes regulations on what tactics (e.g. Strikes, lock-outs, picketing) each side may employ to additional their bargaining objectives.

State laws additional regulate collective bargaining and make collective agreements enforceable under state law. They may also supply guidelines for those employers and employees not covered by the Nlra, such as agricultural laborers. (Cornell)

The role that Human reserved supply plays in collective bargaining initiatives is defined by the Nlra. The Human reserved supply representative must bargain with the appointed representative of its employees. The Human reserved supply representative acts as the voice of the firm with the authority to bargain or negotiate with their employees through an appointed representative to keep the firm going by avoiding a strike.

Most industries are successful due to collective bargaining while others are not. Identifying those particular industries are easy to recognize due to their success in the labor market.

One commerce known for heavy collective bargaining is the Auto Industry. The auto commerce historically has played a foremost role in American collective bargaining, introducing many now common features -- multi-year contracts with cost-of-living adjustment escalators and built-in yearly real wage increases, additional unemployment benefits, "30 and out" pensions, capability of working life programs, and pattern bargaining. From the early 1980s on, automotive labor relations was again in the forefront in taking actions to modify this long-established model, under pressure from both foreign and domestic competitors and from new production methods often connected to team working and connected innovative human reserved supply practices.

Another commerce is the Food and Service. Plagued by problems of low wages, high cost of health care and bad working conditions, the United Food and market Workers are using collective bargaining to change these conditions. Good wages, lower cost health care with the manager paying more of the amount and other bargaining might be a renewed interest in Unionization amongst other industries.

A third commerce is the United Steelworkers industry. The commerce has been short changed with unfair trade, seclusion and benefits, healthcare, and job security. The Steelworkers commerce has a great collective bargaining setup to negotiate and bargaining with their employers and the Federal Government. Recently the Usw signed an bargain that would supply higher pay increases over the next three years, plus more money put aside for seclusion and lower health cost for the employees and family. The Usw is highly complex with collective bargaining for their employees.

I currently work in a Call center providing financial information. Unionization in a Call center would be hard to accomplish. Each call center has a distinct goal in mind based on the company's industry. retention competitive amongst other call centers in the same commerce has proven to keep a Union out while providing the employee with what they desire.

In conclusion, collective bargaining is a successful way for workers to reach their goals concerning accept able wages, hours, and working conditions. It al lows workers to bargain as a team to satisfy their needs. collective bargaining also allows supervision to negotiate efficiently with workers by bargaining with them as a group instead of with each one individually. Though customary bargaining can be negative and adversarial, it does furnish collective bargaining agreements in the middle of labor and management. Partnership bargaining can lead to increased comprehension and trust in the middle of labor and management. It is a positive, cooperative advent to collective bargaining that also culminates in contracts in the middle of labor and management.

Reference:

A Glossary of Political Ecomony Terms: Right to Work Laws. Retrieved on May 21, 2007 from the Internet. Http://www.auburn.edu/~johnspm/gloss/right-to-work

Byars, Lloyd L. & Rue, Leslie W. (2004). Human reserved supply supervision (7th ed.). New York: McGraw-Hill.
Cascio, Wayne. (2002). Managing Human Resources (6th ed.). New York: McGraw-Hill.
Collective Bargaining and Labor Arbitration Overview. Retrieved on May 20, 2007 from the Internet. Http://www.law.cornell.edu/wex/index.php/Collective_bargaining
Judy Hedding, Right to Work: Arizona is a Right to Work State. Retrieved on May 21, 2007 from the Internet. Http://phoenix.about.com/cs/empl/a/righttowork.htm

National Labor Relations Board. Data retrieved on May 21, 2007 from the Internet. Http://www.infoplease.com/ce6/bus/A0834954.html
Robert J. Donovan, disagreement and Crisis: The Presidency of Harry S. Truman, 1945-1948 (New York: Norton, 1977).
Susan M. Hartmann, Truman and the 80th Congress (Columbia: University of Missouri Press, 1971)

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