...HRM 703 Week 1 Overview: Upon completion of this week, you will be able to: 1. Discuss the employment relationship between workers and the company. 2. Discuss how employers can exist without unions but unions cannot exist without employers. 3. Identify reasons why workers unionize. 4. Discuss why unionization is declining in the United States. 5. Analyze the difference between the public sector labor relations and private business. Introduction to this week's topics: Labor relations is the set of processes and activities unions and employers develop and use to clarify, manage, reduce, and resolve conflicts between employees and their representatives while accommodating the various goals of each. The practice of labor relations is governed by contracts negotiated by and agreed to by both parties. Contracts are renegotiated periodically to take into account changing goals and objectives of both parties and changes in the economy and society. Within larger employers that operate several establishments, labor relations will differ depending on what is produced in each establishment and whether different unions represent employees in different establishments. Employers would like complete freedom to alter the terms and conditions of employment in their workplaces, as necessary, to maximize returns on investments and achieve organizational goals. While labor is somewhat mobile, with workers able to move between employers as opportunities occur,...
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...Semester/Year: Winter 2014 1.3 Prerequisite &/or Exclusions: n/a 2.0 INSTRUCTOR INFORMATION: 1. Name: Ian Sakinofsky 2. Office Phone Number: (416)979-5000 X 7562) 3. E-mail address: isakinof@ryerson.ca 4. Office Location:1-046; Consultation hours: Monday 12.00pm-1.00pm, 2.00pm–3 .00pm 5. Methods of Posting Grades: ▪ Tests and assignments will be returned to students in class 2.7 E-mail Usage & Limits: Students may email questions to the professor but may expect some delay in responses to emails. 3.0 CALENDAR COURSE DESCRIPTION: The course examines theories of industrial relations; union organization and structure; labour legislation in Canada; negotiating and administering the collective agreement; among other topics. The aim is to introduce the student to the complexities of the labour management relationship and to explore various techniques for successfully managing this critical area of business. 4.0 COURSE OVERVIEW: The goal of the course is to make students aware of the inherent presence of potential conflict, particularly in a collective sense, within workplaces. The intent is to acquaint students with the measures and procedures that have emerged to deal with this conflict, and particularly to position the practice of Collective Bargaining within this context. The interests of both employers and employees are acknowledged. The emergence of the labour movement and of labour legislation are presented as a social response to the self-promotion...
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...Abstract The topic in discussion here is the suit filed by a company Non-Linear Pro against Quick Takes Video for non-payment of lease amount. The later claims that the product leased to them was of inferior quality and has been owned for less than a month, whereas Non-Linear Pro is trying to charge them for a three-month lease. A noteworthy point is that none of the owners of the company have signed the lease. It has been signed by a third party agent appointed by the company to place and receive orders on their behalf, while one of the owners states that the agent is not authorized to sign any documents on the company’s behalf. This paper aims to discuss if the contract formation was achieved and if a third party agent was authorized to sign a contract on behalf of the company. Second, the paper discusses the policies and procedures, which, if pre-defined by Quick Takes Video, would have avoided such a situation from arising. Third, the paper discusses another option, besides arbitration, which the companies can use to work through this dispute in a timely, low-costing and effective manner. Contract Creation and Management In the abstract above Karen, one of the owners of Quick Takes Video, raises her concern that the third party agent Janet was not authorized to sign any document on company’s behalf. But according to Hal, Janet is responsible for most of buying for the company and has been signing the receipts in the past. So it seems that Janet does have some...
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...dispute resolving mechanism. That’s why “Arbitration Act” was provided with a view to give speedy justice to the people and also to avoid unnecessary court case expenses. It is an informal dispute settlement mechanism. Bangladesh has recently enacted a new arbitration law, known as “The Arbitration Act, 2001. The Act came into force on April 10, 2001. The Act has repealed The Arbitration (Protocol and Convention) Act, 1937 and The Arbitration Act, 1940. With this new enactment Bangladesh has kept pace with the recent trends in the field of international arbitration in the rest of the world. According to the topic of this assignment, I also agree that although arbitration was introduced for settling dispute but it is not serving it purpose entirely and precisely. Now I’m going to discuss about the reasons which are making difficulty for arbitration to serve its purpose completely. Meaning of Arbitration: Before discussing about the ineffectuality’s of arbitration, first we should briefly know what Arbitration really means. The word “Arbitration” means mediation, negotiation, adjudication etc. This means settlement of arguments, disagreement, and clash between two parties. It is a process in which a disagreement between two or more parties is resolved by impartial individuals, called arbitrators, in order to avoid costly and lengthy court case or legal actions. Arbitration is the most traditional form of dispute resolution. Arbitration is a binding procedure. It is often...
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...Alternative dispute resolution (ADR) (also known as external dispute resolution in some countries, such as Australia[1]) includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type, usually mediation, before permitting the parties' cases to be tried (indeed the European Mediation Directive (2008) expressly contemplates so-called "compulsory" mediation; attendance that is, not settlement at mediation). The rising popularity of ADR can be explained by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute.[2] Some of the senior judiciary in certain jurisdictions (of which England and Wales is one) are strongly in favour of the use of mediation to settle disputes.[3] Please read: a personal appeal from Wikipedia founder Jimmy Wales Read now Alternative dispute resolution From Wikipedia, the free...
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...immense practical importance in the ABS negotiations. The existence of effective legal remedies in the user country is the primary means by which all ABS parties (especially source countries and other providers) obtain certainty about their rights and how they will be protected and applied. The CBD’s provisions and the ABS regime negotiations have created certain concepts (new sovereign legal rights) and all CBD parties have committed to adopt legislative and administrative measures to recognise and apply those concepts. Legal remedies are the tools for ensuring that these commitments and their underlying objectives are achieved in practice. The proper relationship between the judiciary and the quasi judicial administrative agency is a topic of continuing controversy in administrative law. One of the most significant and puzzling problems which has arisen in this area is the timing of judicial intervention in the administrative process-at what point and to what extent may the court give relief to a party aggrieved by administrative action. Universally applied, the doctrine of exhaustion of administrative remedies precludes an applicant from challenging the validity of administrative actions prior to seeking relief via prescribed administrative procedures. The law of ‘remedies’ is not usually sectorally specialised. In nearly all countries, “administrative and judicial remedies” are provided in general national law, applicable to all legal issues and structures. A different,...
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...Collective Bargaining My Name here February 24, 2013 The University Collective Bargaining It is common to define collective bargaining as a negotiation between an employer and trade union. Collective bargaining, however simple that short definition may be, is a complex labor process defined by several discussion topics; collective bargaining is governed by strict definitions and rules, extensive long-standing laws that support it, and specific methods and people to administer agreements reached in the collective bargaining process. The best way to discuss collective bargaining is to approach each of these topics in order to round out the full spectrum of knowledge required to full understand and define collective bargaining with ease. In this paper, you will approach each of these complex topics with the intent of learning more about collective bargaining. The best approach is to begin by defining collective bargaining. Defining Collective Bargaining Collective bargaining is the process by which employers and a group of employees negotiate and agree upon the scope of employment relationships (wages, hours, working conditions, benefits, other employment terms). The employees are typically represented by a labor union in collective bargaining. In the US labor system, when collective bargaining leads to mutual agreement of the sides, the agreement terms become the basis of a Collective Bargaining Agreement (CBA) or union contract that is a legally enforceable...
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...Running Head: ALTERNATIVE DISPUTE RESOLUTION Alternative Dispute Resolution [Name of the Writer] [Name of the Institution] Table of Contents Introduction 1 Discussion 1 Strengths and weaknesses of the workings of my group 4 Strengths 4 Weaknesses 4 Strengths and weaknesses of my presentation 5 Strengths 5 Weaknesses 5 Overcoming weaknesses 6 Learning about team work and oral presentation skills 6 Conclusion 7 Alternative Dispute Resolution Introduction ADR is a general name that has given to a wide range of procedures that are present for the parties in civil cases to solve their conflicts or disputes before a trial has conducted (Anonymous, 2001, p. 2). There are a lot of ADR concepts like meditation, negotiation/conciliation and arbitration. They are rarely interchangeable. A lot of misconceptions and disputes arises that needs to get solved quickly (Anonymous, 2003, pp. 55-56). Some time it has sorted out without any legal contracts, but sometimes a formal contract is necessary. Discussion As, told in the introduction that Alternative dispute resolution consists of some concepts. Now let’s take a look on them one by one. Arbitration is a process where single, or many independent arbiters invite parties to show arguments and facts. This showed a decision on the basis of equity or law. It is a B2C transaction i.e. business to consumers (Anonymous, 2003, pp. 55-56). Meditation is another concept...
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...labor relations MG420 RESEARCH assignment pAPER MG420 Labor Relations July 2015 TABLE OF CONTENTS Topic Page 1. Collective Bargaining 2 * Four Components of a Collective Bargaining Agreement 2 2. Three U.S. Laws Supporting Collective Bargaining 5 * Three Examples of Employer Unfair Labor Practices 5 3. Establishing and Decertifying a Collective Bargaining Unit 9 * Part of the Process of Establishing a Union 9 * Part of the Process of Decertifying a Union 9 4. Administering a Collective Bargaining Agreement 12 * Role and Function of an Arbitrator 12 Conclusion 14 Works Cited 16 1. Define the term “collective bargaining” and list and describe four issues that are mandatory components of a collective bargaining agreement. Include and discuss [showing relevance or applicability] at least one reference found in our text, along with a current web-based news item/magazine article about a real life example of a collective bargaining action. Pick any two of the four mandatory components you've listed and include and discuss [showing relevance or applicability] at least one reference found in our text, along with a current web-based news item/magazine article about each of those [two] collective bargaining issues in action. Collective bargaining is the process of negotiations involving the representatives of the employer and employee for terms and conditions of employment that will apply to the employee. In the United...
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...Introduction There are over 45,000 Soldiers that are assigned to Fort Hood, Texas and over 5,000 federal employees and contractors that work on the installation. The Civilian Personnel Advisory Center (CPAC) provides information about employment opportunities, special employment programs such as the program for individuals with disabilities and the Veterans Readjustment Appointment Program. CPAC also functions as the Human Resource Department for the Fort Hood Community that provides a Labor Relations Office to look out for the well-being of the federal employees as well as the Bargaining Unit Employees in utilizing the best approach in resolving labor disputes and labor conflicts while working closely with the union. Most federal employees are represented by the American Federation of Government Employees, Local 1920 which without membership is the union who also fall under the Bargaining Unit. The Labor Relations office is there to provide guidance as representatives should the bargaining unit employees find themselves in a dispute with their employer or supervisor that could lead to filing grievances or they choose to address their issues to the union. As a federal employee myself and of the 5, 5000 federal employees on Fort Hood, I chose to conduct an interview with a Labor Relations Specialist working with in the Labor Relations office of the Human Resource Department on the installation to gain a better insight of how the labor issues are handle from the federal government...
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...It is becoming more important for companies to establish strategic and effective supplier relationships due to the economic uncertainty throughout the global economy. Choosing new suppliers to develop long term and strategic relationships with is an essential skill that companies must master in order to remain competitive in the marketplace. New supplier development helps companies enlarge their supply base, lower product cost and service time, and optimize value. For example, some companies have products that are high mix and low volume with hundreds or even thousands of different items on the bill of material. The demand may be uncertain but each item sold has a large influence on the company’s profit. According to Michael Porter’s Five Forces, powerful suppliers capture more of the value for themselves by charging higher prices, limiting quality or services, or shifting costs to industry participants. Powerful suppliers can squeeze profitability out of an industry that is unable to pass on cost increases in its own prices. 1) Once the company is not able to leverage a competitive advantage against its current suppliers, it will attempt to switch to a new supplier which may be extremely difficult. It is essential for companies to evaluate the pros and cons before developing a relationship with a new supplier. Some companies are obsessed with trying to grow a large supply base while other companies work with incumbent suppliers to leverage long term partnerships and...
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...Scholarship Repository University of Minnesota Law School Articles Faculty Scholarship 1988 Discovery in Labor Arbitration Laura J. Cooper University of Minnesota Law School, lcooper@umn.edu Follow this and additional works at: http://scholarship.law.umn.edu/faculty_articles Part of the Law Commons Recommended Citation Laura J. Cooper, Discovery in Labor Arbitration, 72 Minn. L. Rev. 1281 (1988), available at http://scholarship.law.umn.edu/ faculty_articles/307. This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in the Faculty Scholarship collection by an authorized administrator of the Scholarship Repository. For more information, please contact lenzx009@umn.edu. Discovery in Labor Arbitration Laura J.Cooper* The mere statement of the topic, discovery in labor arbitration, suggests a paradox. Is not the essence of the arbitration process an effort to avoid the procedural complexities that make litigation comparatively slow and costly? More than forty years ago, Learned Hand admonished a litigant distressed with the procedural failings of an arbitration proceeding: Arbitration may or may not be a desirable substitute for trials in courts; as to that the parties must decide in each instance. But when they have adopted it, they must be content with its informalities; they may not hedge it about with those procedural limitations which it is precisely its purpose...
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...highly qualified professional services. Good listening, communication and interpersonal skills. QUALIFICATIONS § § § § Associate Company Secretary from ICSI – 2009 (qualified in August 2008) LL.B - 2007 M.A. (Sociology) – 2005 B. Com. (with Computer Application) – 2003 MAJOR ASSIGNMENT HANDLED • • • • • • • • • • • • • • • • Drafting of Petition(s) Affidavit(s), Scheme of Arrangement, Form of Proxy, and other related documents for the Merger/ Amalgamation. Handled all the Secretarial aspects of the Merger Drafting and Vetting Hearing submissions, Post hearing Submissions, Rebuttals and various other documents pertaining to International Arbitration. Extensive research work on foreign laws like New York Law, Austrian Law, North Carolina Laws, Delaware Law pertaining To Merger and Amalgamation, Contract Law, Arbitration Law, Company Law Detail study of Tanzania Company Law, South Africa Company Law and Ghana Company Law Pertaining to opening of Branch office by a Foreign Company. Drafting of Opinion on various issues relating to Managerial Remuneration and filing application thereto. Drafting of Opinion on various issues relating to Provisions of write off of export proceeds under RBI circular and FEMA regulations Passing of resolution by way of postal ballot under section 192A of the Act. Prep. of Corporate Governance Report and Directors Report. Detailed study on the Bankruptcy Law and Corporation Laws of United Statutes, Laws of Poland for Limited Liability Company...
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...objective After studying this chapter, you should be able to 8 Discuss the role of ethics in discipline and how to investigate a disciplinary problem. two approaches to disciplinary action. alternative dispute resolution procedures. the management of human resources. organizational rules. PART 5 Enhancing Employee-Management Relations Managing Human Resources, 14e, Bohlander/Snell - © 2007 Thomson South-Western 549 550 PART 5 Enhancing Employee-Management Relations n this chapter we discuss employee rights, workplace privacy, and employee discipline. Managers note that these topics have a major influence on the activities of both employees and supervisors. Robert J. Deeny, an employment attorney, has stated that employee rights and workplace privacy will “continue to be the hottest employment law topics into the twenty-first century.”1 For example, while drug testing, e-mail privileges, and employee monitoring are routinely debated, employers are now using location awareness technology, global positioning systems (GPSs), and companyprovided cell phones to track and locate...
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...Effectively Compensation Through Collective Bargaining Devita R. Ewell Compensation can be accurately defined as something, or a sort of payment, that is generally given or received, in return for a service rendered, or for any other reason. There are several different types of compensation, and one example is ‘worker’s compensation’, wherein the government forms a sort of state sponsored insurance for the workers of the state, which would provide benefits to the workers in case the worker suffers from disease, injury, or death. As far as human resources are concerned, compensation refers to the pay structures within any particular organization. Some of the primary issues regarding compensation are: how much is a company to pay a worker, in order to attract him, and then keep him, and then keep him completely motivated so that he does not move over to another company. Must the company offer to pay the employee a salary, or rewards? Must the company pay benefits to its workers, and if so, what must be the amount, and how exactly must it be paid? Can there be a distinct difference regarding the pay scale for high performers, as compared to that of lower performers? Would it be a better idea if the company were to provide stock options and stock bonuses for the employees of the company? It is a good idea for a company to create an excellent and practical compensation plan for their employees. The choices that are available are numerous, like for example...
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