Research Assignment on Labor Relations free essay sample

Define and discuss the term â€Å"collective bargaining. † Include and discuss [showing relevance or applicability] a current web-based news item/magazine article about a real life example of a collective bargaining action. Write a succinct and complete summary on the contents of the article youve provided along with your critical comments about that article. Support your findings with referenced research. (10 points) Collective bargaining can be defined as. Process by which members of the labor force, operating through authorized union representatives, negotiate with their employers concerning wages, hours, working conditions, and benefits† (Answers. com, 2007). There can be advantages for both employees and employers in regards to collective bargaining. The advantage for employees is it â€Å"ensures adequate wages and working conditions by providing them with a collective voice. It also allows them to influence personnel decisions and to achieve a fair distribution o f gains from technological progress and productivity increases† (International Labour Organization Website, 2007). The advantage for employers is â€Å"collective bargaining helps to stabilize industrial relations by maintaining industrial peace that otherwise may be disrupted by labor unrest. Through collective bargaining employers can also address the need for adjustment to facilitate modernization and restructuring† (International Labour Organization Website, 2007). An example of collective bargaining is the article, Take-home pay: minus $108. 28. This article is about Wausau’s education support professional and their wages. These workers are paid by the hour and do not get paid when school is closed—these days not being pay include snow days, spring, winter, and summer break, or teacher inservice days. The difficult part is that they still get charge for their full health premium. Last year insurance was $302 and now it is $389 a month. Many of the workers are being paid below the minimum living wage (On WEAC, 2007). Wausau’s education support professionals are using collective bargaining to get their point across to their employer that these wages are unfair. They organized a march to gain the employers attention that change needs to happen. They need to be able to pay their insurance premiums that were raised should be making at least the minimum living wage if not higher. 2. Identify three laws that support collective bargaining. Include and discuss [showing relevance or applicability] a current web-based news item/magazine article about each. Write a succinct and complete summary on the contents of the article youve provided along with your critical comments about that article. Support your findings with referenced research. (30 points) There are many laws that support collective bargaining. These laws have helped improve job industries. Three laws that support collective bargaining include the Equal Pay Act, Fair Labor Standards Act, and Family and Medical Leave Act. The Equal Pay Act of 1963 was created to prohibit discrimination between men and women determining compensation for equal pay. This act is today a controversy subject. The article, Equal Pay For Equal Work Effort Stalled, brings up some very good questions, â€Å"So why then, in 2006, could it be that college-educated women are still earning not quite 75 cents for every dollar of a similarly educated man? Its a pay gap that has actually widened in the last decade, says an Economic Policy Institute analysis† (Tampa Tribune, 2006). Although the act was passed there is still work to be done regarding equal pay since the gap between men and women pay has changed much over the years. The Fair Labor Standards Act can be defined as, â€Å"A federal law that guarantees a workers right to be paid fairly. The FLSA defines the 40-hour workweek, sets out the federal minimum wage, states requirements for overtime and places restrictions on child labor† (NOLO, 2007). This law is taken very seriously and can have harsh repercussions. According to, The Fair Labor Standards Act: The High Cost of Non-Compliance, â€Å"Employers facing enforcement by the United States Department of Labor or private suits by employees are recognizing the high costs associated with non-compliance: injunctions, demands for payment of back pay, civil money penalties, fines, liquidated damages and in some cases attorneys fees. Willful violators may also be prosecuted criminally† (Irwin, 2007). Family and Medical Leave Act can be defined as, â€Å"A federal law that requires employers to provide an employee with 12 weeks of unpaid leave during a years time for the birth or adoption of a child, family health needs or personal illness. The employer must allow the employee to return to the same position or a position similar to that held before taking the leave. There are exceptions to the FMLA: the most notable is that only employers with 50 or more employees are coveredabout half the workforce† (NOLO, 2007). The FMLA has be a great contribution to helping employees balance their work and family responsibilities. Due this Act and driven mothers this had some employers develop innovative programs to help working mother. Some example include: a clean, private, and comfortable space (not a bathroom); a comfortable chair; a refrigerator for storing expressed milk; the provision of a breast-pump or a breast-pump allowance; adequate break time to breastfeed or express milk; and other programs to help mother strike balance between motherhood and having careers (Scott, 2007). These programs help reduce absenteeism rates, increased employee morale, and increased employee retention. 3. List four issues that are potential components of a collective bargaining agreement. Pick any two of the four issues youve listed and include and discuss [showing relevance or applicability] a current web-based news item/magazine article about each of those [two] collective bargaining issues in action. Write succinct and complete summaries on the contents of each of the articles youve provided along with your critical comments about each article. Support your findings with referenced research. (40 points) Four issues that are potential components of a collective bargaining agreement are employee rights, job rights, union rights, and management rights. The two that I will focus on are employee rights and union rights. According to our Labor Relations Book, employee rights include: just cause discipline and discharge; seniority rights in layoffs, promotions, etc. ; compensation; fair hearing through grievance procedures. The article, Certification of Largest Civil Rights Class OKd , focuses on seniority rights in promotions. The 9th US Circuit Court of Appeals on Feb 6 upheld certification of the largest civil rights class action ever against a private employer now approximately 2 million women who have worked for Wal-Mart and are claiming discrimination in pay and promotion. The plaintiffs claimed they were paid less than men in comparable positions despite achieving higher performance ratings and greater seniority; they rece ived fewer promotions to in-store management positions than men; and they had to wait longer to advance. They sought certification of a class of all women who work or have worked at Wal-Mart, seeking declaratory and injunctive relief plus lost wages and punitive damages. † People in general should not be overlooked with their seniority for possible promotions and advances. Union rights include: exclusive bargaining agent, union bulletin board in the workplace; union leader access to the workplace; shop stewards; and union security and dues checkoff clauses (Labor Relations Book). The article, La Porte agrees on meet, confer / Council, union now can negotiate on salary, benefits, is an article that demonstrates exclusive bargaining agent. The La Porte Police Officers Association now becomes the the sole and exclusive bargaining agent of all the police officers employed by the municipality, excluding the head of the police department, said La Porte Police Officers Association president Matt Novosad. Councilmen Barry Beasley, Tommy Moser and Tom Mosteit served on an ad hoc committee that recommended the city accept a petition signed by 67 officers to allow the union to negotiate on a one-on- one basis in areas of benefits, salaries, tenure and disciplinary issues. Now there is one person to do the negations between employees and employer. 4. Describe the process of establishing a bargaining unit. Include and discuss [showing relevance or applicability] a current web-based news item/magazine article about any part of the process of establishing a bargaining unit. Write a succinct and complete summary on the contents of the article youve provided along with your critical comments about that article. Support your findings with referenced research. (10 points) The first step to establishing a bargaining unit is initiation. An example is when unions organize campaigns by advertising, distributing information. The next step is building support and an example is signing the authorization card. If more than 50% cards signed then the next step is request voluntary recognition. If less than 50% cards are signed then filing an election petition with the NLRB, NLRB determines appropriateness of the unit, at least 30% of cards must be signed, NLRB elections occur, and finally if more than 50% vote for the union the union is recognized and employer must bargain. Now back to the more than 50% cards signed leading to requesting voluntary recognition, the next step would be either employer accepts or employer denies. If the employer denies than goes to the filing a petition with NLRB. If employer accepts than union is recognized and employer must bargain (Labor Relations, pg. 232-233). An example of establishing a bargaining unit it the article on Steelworkers trying to resuscitate unions; Anyones eligible to join; Minnesota to be testing ground for new effort. This article is about the initiation phase of establishing a bargaining unit. The steel works are trying to find anybody interested to join. All they have to do is go to their website they listed to sign up and pay the dues of $40 and $20 if youre a student or unemployed. They offering a hot line and offering workplace counseling services to all workers. The gives steelworkers an opportunity to call is they feel being cheated, harassed, discriminated against. In the 21st century, a person can sign up and find information on many bargaining units that are trying to be established or already are. A person a can go the website to sign up and pay dues. They keep current information of what it going on with the bargaining unit. This allows those units to get information out too many people to keep their support. 5. List three examples of unfair labor practices. Include and discuss [showing relevance or applicability] two current web-based news item/magazine articles, each pertaining to at least one of the three examples of unfair labor practices youve cited. Write a succinct and complete summary on the contents of each of the articles youve provided along with your critical comments about each article. Support your findings with referenced research. 30 points) Three examples of unfair labor practices include: to refuse to bargain with the union that is the lawful representative of its employees, to discriminate against employees for engaging in concerted or union activities or refraining from them, and to discriminate against an employee for filing charges with the NLRB or taking part in any NLRB proceedings. The two that I will foc us on are to discriminate against employees for engaging in concerted or union activities or refraining from them and to discriminate against an employee for filing charges with the NLRB or taking part in any NLRB proceedings. The article Business Briefs is a great example of an unfair labor practice associated with firing and screening applicants that have an association with the union. This occurred with employment with Starbucks. â€Å"The board alleges that former New York employee Isis Saenz was unlawfully fired in 2006 for her support of union activity. It also alleges that Veronica Park, a New York district manager in 2006, interrogated employees about their activities on behalf of the Industrial Workers of the World† (Seattle Times, 2007). The article also mentions, â€Å"Starbucks paid nearly $2,000 to settle an IWW complaint with the NLRB, and in 2005 it paid $165,000 to settle charges that it had screened against job applicants with possible union sympathies and fired an employee for refusing to continue such screening at its Kent roasting plant† (Seattle Times, 2007) Companies should be held responsible for screening and firing employees and potential employees that are involved with the union. Another example of unfair labor practice is the article about and UPS driver â€Å"who was accused of an allegation having no merit to these accusations was discriminated, harassed and abused during these proceedings as Teamsters local union 435 stood by and allowed this abusive behavior from the company (UPS) to continue† (Wmass Indymedia, 2007). Not only was he ignored by his employer, but also by the union. This would be an example of unfair labor practice regarding to discriminate against an employee for filing charges with the NLRB or taking part in any NLRB proceedings. . Describe the role and function of an arbitrator. Include and discuss a current web-based news item/magazine article about an arbitrator or a labor relations-related arbitration action. Write a succinct and complete summary on the contents of the article youve provided along with your critical comments about that article. Support your findings with referenced research. (10 points) â€Å"The grievance pr ocedure is intended to provide an orderly and fair dispute resolution method. But suppose management just ignores the union’s arguments and evidence at each step of the procedure† (Labor Relations, pg. 357). The step to take in this situation is an arbitrator. This process includes: a. the Association may appeal the grievance to arbitration. The request for arbitration must be given in writing to the designated City representative by the Association within 10 standard working days from the date of the third step answer. Any grievance not appealed in writing shall be considered waived. b. An arbitrator ma be selected by mutual agreement between Association’s representative and the City’s representative. Should the representative fail to mutually agree on the arbitrator, they shall make a joint request to the State Mediation and Conciliation Service or the American Arbitration Association for a list of five qualified arbitrators. The parties shall each strike two names from the list and the remaining person shall be accepted as the arbitrator. The first party to strike will be determined by the flip of a coin. c. It is understood that the arbitrator will only interpret the Agreement and will in no instance add to, delete from, or amend and part thereof. The arbitrator’s decision shall be final and binding on the City, the Association, and employee. d. All fees and expenses for the arbitrator will be borne equally by the Association and the City. (Labor Relations, pg. 356). An example of an arbitrator’s ruling is â€Å"Marion Jones decided to file a breach-of-contract suit in 2005 against another of her coaches, Dan Pfaff, who coached her in 2003 and 2004. Unfortunately for Jones, the suit didnt go quite as planned. Pfaff denied any wrongdoing, according to the Times, and countersued for money he said Jones owed him. A Texas arbitrator ruled in favor of Pfaff, who won a judgment against Jones for about $240,000 in unpaid training fees and legal expenses† (Brennan, 2006). Unfortunately this did not turn out well for Jones, but arbitrator ha s to be fair when doing his job. 7. Outline the process of implementing a collective bargaining agreement (CBA). Include and discuss [showing relevance or applicability] a current web-based news item/magazine article about a CBA being implemented. Write a succinct and complete summary on the contents of the article youve provided along with your critical comments about that article. Support your findings with referenced research. (10 points) First we will examine the Employer side of the process of the collective bargaining agreement (CBA). These steps include: assigning a bargaining team and responsibilities, conduct external benchmarking/data collection, review experience under current contract and fit with corporate strategic and financial goals, prepare strike and contingency plan, develop bargaining proposals and agenda; anticipate the other side, notify union and FMCS of intent to bargain, establish ground rules, multiple negations sessions and internal caucuses, reach tentative agreement, prepare debriefing materials for managers; strike preparations if needed, sign new contract (Labor Relations, pg. 294). Now we will examine the union side of the process. These steps include: elect bargaining committee and determine responsibilities, identify membership concerns and goals, review current contract, discuss issues with National Union, develop bargaining proposals and Agenda; anticipate other side, notify employer and FMCS of intent to bargain, establish ground rules, multiple negations sessions and internal caucuses, reach tentative agreement, debrief membership; conduct contract ratification vote; obtain national union approval; strike preparations if needed, sign new contract (Labor Relations, pg 294). The NBA is known for having a collective bargaining agreement. Here is an example of violation of the CBA, â€Å"Jackson, a guard for the Golden State Warriors, pleaded guilty last month to a felony count of criminal recklessness for firing a gun outside an Indianapolis strip club last fall, when he was with the Indiana Pacers. He was fined $5,000 and performed 100 hours of community service† (The Associated Press, 2007). His violation of the CBA is â€Å"a minimum 10-game suspension when a player is convicted of or pleads no contest to a violent felony. While the league felt these crimes fell short of that, it did hit each player with a harsher penalty than other players because of their histories. Both were serious offenses and each are repeat violators of N. B. A. rules, a league spokesman, Tim Frank, said† (The Associated Press, 2007). Collect bargaining agreements are there to be followed, if not then there will be consequences. 8. Describe the process of decertification of a labor bargaining unit. Include and discuss [showing relevance or applicability] a current web-based news item/magazine article about the decertification process, proceeding, or action. Write a succinct and complete summary on the contents of the article youve provided along with your critical comments about that article. Support your findings with referenced research. (10 points) Decertification of a labor bargaining unit is done by decertification election. â€Å"This type of election is used to determine if a majority of unionized employees no longer wish to be represented by their union. If so, this union is decertified and looses its right to represent and bargain for employees† (Labor Relations, pg 236). According to the National Right to Work Legal Defense Foundation, Inc. , The National Labor Relations Board maintains many rules governing when employees can file for a decertification election. For unions already in place with a negotiated contract, the NLRB’s general rule is that decertification elections can only be held near the expiration of the contract (or every three years, whichever comes first). This is called the â€Å"contract bar† rule. If you miss that window period, you will have to wait for the next one. For â€Å"new† unions which just became the exclusive bargaining representative and do not yet have a collective bargaining agreement, the general NLRB rule is that the union and employer must bargain in good faith for approximately a year before the NLRB will hold a decertification election Under the National Labor Relations Act, if 30% or more of the employees in a bargaining unit sign a Decertification Petition, the National Labor Relations Board will conduct a secret ballot election to determine if a majority of the employees wish to decertify the union and stop it from any further â€Å"exclusive representation. If the petitioning employees win that election, then the company becomes nonunion and all employees are free to bargain on their own, and negotiate their own terms and conditions of employment. Moreover, if 50% or more of the employees in a bargaining unit sign a petition that they no longer want to be represented by the union, the employer can withdraw recogniti on without an election if it wishes to do so (Except where the contract bar applies). A good article on the declassification of bargaining units is Unions Struggle as Communications Industry Shifts. In November 2002, Comcast completed its acquisition of ATT Broadband, a company in which union representation had been steadily growing. Since Comcasts takeover, 22 bargaining units from the former ATT Broadband have voted to decertify their union status, including one in Fresno, Calif. , where technicians voted 92 to 58 on May 12 to get rid of the union. In California alone, the union lost decertification votes at Comcast shops in Los Angeles, Sacramento and Modesto all in 2003. Comcast still has 22 union shops† (Richtel, 2007). The reason the fast decline, â€Å"Comcast says workers are voting to decertify because they may be more satisfied with Comcast management, which it says is more receptive to worker needs than the national top-down management of ATT Broadband† (Richtel, 2007). Comcast made the comment that they are not against unions, but â€Å"even as unions struggle nationwide, with just 12. 5 percent of the total work force unionized in 2004 compared with 22 percent in 1980, they face a particularly bleak future in the telecommunications industry† (Richtel, 2007) The unions have made such progress of change over the years, but the union member’s seem to be declining. This may be due to employers offering employees better benefits and better wages. Unions may not be need as much in the 21st century because of their history and due to employers accepting change.