MG420 DLF Labor Relations
Research Assignment
Professor Stephen Fant
1. Define and discuss the term “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 you've provided along with your critical comments about that article. Support your findings with referenced research. (5 points) A. Collective bargaining is how an employer and its employees, either individually or through a union, reach an agreement on the terms and conditions of employment. These terms and conditions are based on such items as compensation, personnel policies, employee rights, employer rights, union rights, and dispute resolution. Compensation can include such issues as wages, benefits, and vacation packages. Personnel policies can include layoff policies, promotion policies, and transfer policies. Employee rights can include seniority rights, job standards, and workplace rules. Employer rights can include such issues as management rights, just cause discharge, and safety standards. Union rights can include recognition as sole bargaining agent, use of a bulletin board in the workplace, and shop stewards. Dispute resolution can include grievance procedures, committees, and renegotiation procedures (Budd 13). There are three categories of bargaining items: mandatory, permissive, and illegal. Mandatory bargaining items include wages, insurance plans, pensions, and other terms and conditions of employment. Permissive bargaining items include union representation on the board of directors, drug and alcohol screening for applicants, and any other items that are not covered under mandatory or illegal bargaining. Illegal bargaining items include closed shop provisions, policies that involve racial discrimination and wages below the legal minimum (Budd 240). "Effects bargaining" is also a part of the collective bargaining process but is not considered a mandatory or permissive bargaining item. Consider for a moment that a company decides to close one of its branches. The company does not need to bargain with the union about the closure but instead must agree to procedures for layoffs, severance packages, and other effects that this closing would have on its employees (Budd 241). According to an article in the Washington Post (http://www.washingtonpost.com/blogs/federal-eye/post/obama-on-collective-bargaining-and-public-workers/2011/04/15/gIQA2xi70H_blog.html) President Obama said that the principle of collective bargaining is being able to join together as workers and discuss their rights as employees. The president said that this principle must be protected and will make necessary adjustments in order to preserve this right. He has frozen his employees’ wages at the White House for the last two and a half years and wages for Federal Employees were frozen for two years. The President said that even though it was not popular with the Federal workers or his employees it has helped lower layoffs and pay cuts in the public sector and it also sent a message to everyone that sacrifices will have to be made, even in the Federal sector.
Works cited:
Budd, John W. Labor Relations: Striking a Balance. New York: McGraw-Hill/Irwin, 2005. (Budd 13).
Budd, John W. Labor Relations: Striking a Balance. New York: McGraw-Hill/Irwin, 2005. (Budd 240).
Budd, John W. Labor Relations: Striking a Balance. New York: McGraw-Hill/Irwin, 2005. (Budd 241).
Obama on Collective Bargaining and Public Workers http://www.washingtonpost.com/blogs/federal-eye/post/obama-on-collective-bargaining-and-public-workers/2011/04/15/gIQA2xi70H_blog.html
2. Identify and discuss three laws that support collective bargaining. 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. Write a succinct and complete summary on the contents of the article you've provided along with your critical comments about that article. Support your findings with referenced research. (14 points)
A. Three laws that support collective bargaining are the Wagner Act, the Fair Labor Standards Act, and the Occupational Safety and Health Act. The Wagner Act is also known as the National Labor Relations Act (NLRA) and was passed in 1935 to encourage and protect union activity in the private sector. The main principles of the NLRA are based in the industrial relations principal beliefs. These beliefs state that labor is more than a commodity, there is an imbalance between labor and management, there will always be some conflict between employers and employees that will never end, and that employee voice is important (Budd 119). The NLRA builds upon previous shortcoming in three major ways. First, it grants a certified, majority-status union the right to be the sole bargaining agent of its union members. Second, it defines illegal employers’ actions that undermine Section 7 of the Wagner Act. Lastly, it creates an independent agency called the National Labor Relations Board (NLRB) to enforce the act (Budd 121). According to an article in Time Magazine (http://www.time.com/time/magazine/article/0,9171,763710,00.html) Robert Wagner, the original author of the Wagner Act if the Smith committee has its way the collective bargaining agreement would exclude such items as basic pay rates, wages, working conditions, and hours. Mr. Wagner also stated that since the Smith committee has tried to redefine collective bargaining there have been more strikes and general labor problems. The Fair Labor Standards Act was established in 1938 to create a minimum wage, mandated overtime for hours over forty hours a week, and restricted child labor (Budd 143). In an article published in the Hispanically Speaking News (http://www.hispanicallyspeakingnews.com/notitas-de-noticias/details/women-in-the-workforce-after-walmart-by-labor-secretary-hilda-solis/8812/) the Department of Labor’s Wage and Hour division is beginning to enforce a new policy in the Affordable Care Act that gives nursing mothers mandatory breaks. It states that for the first year of a baby’s life, employers that are covered by the Fair Labor Standards Act, regardless of their size, must provide reasonable break time with a place away from view for nursing mothers to express breast milk for their children. The Occupational Safety and Health Act was established in 1970 mandates employers to provide safe working conditions to their employees and empowers the Occupational Safety and Health Administration (OSHA) to determine the safety standards (Budd 144). In an article published in the Leader-Call (http://leadercall.com/local/x652259026/OSHA-cites-Howard-Industries-with-17-violations) OSHA cited Howard Industries with seventeen health and safety violations that stemmed from an electrocution and death of one of its workers back in January. Howard Industries had not had a fatality in forty years but was found guilty of not using Lockout-Tagout procedures, not checking personnel protective equipment, not providing the appropriate insulated gloves for electrical workers, and not having guards on certain heavy equipment among other violations.
Works cited:
Budd, John W. Labor Relations: Striking a Balance. New York: McGraw-Hill/Irwin, 2005. (Budd 119).
Budd, John W. Labor Relations: Striking a Balance. New York: McGraw-Hill/Irwin, 2005. (Budd 121).
Labor: Wagner on Wagner Act http://www.time.com/time/magazine/article/0,9171,763710,00.html
Budd, John W. Labor Relations: Striking a Balance. New York: McGraw-Hill/Irwin, 2005. (Budd 143).
Women in the Workforce http://www.hispanicallyspeakingnews.com/notitas-de-noticias/details/women-in-the-workforce-after-walmart-by-labor-secretary-hilda-solis/8812/
Budd, John W. Labor Relations: Striking a Balance. New York: McGraw-Hill/Irwin, 2005. (Budd 144).
OSHA cites Howard Industries with 17 violations http://leadercall.com/local/x652259026/OSHA-cites-Howard-Industries-with-17-violations
3. Define and discuss four issues that are potential components of a collective bargaining agreement. Pick any two of the four issues 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. Write succinct and complete summaries on the contents of each of the articles you've provided along with your critical comments about each article. Support your findings with referenced research. (18 points)
A. Four issues that are components of a collective bargaining agreement are employee rights, job rights, union rights, and management rights. Employee rights can include items such as just cause firing, seniority rights, and compensation packages (Budd 304). In an article published in the Vancouver Sun (http://www.vancouversun.com/business/BCTF+says+province+education+changes+would+strip+teachers+autonomy/4982451/story.html) the B.C. Teachers’ Federation claims the government wants to take away teacher autonomy, seniority rights, and due process but the government states that it wants what is best for the school by placing the correct teachers in the right positions and getting rid of the teachers that are no longer cut out for teaching. Job rights include such items as wage rates and specific job tasking. Union rights include items such as being the exclusive bargaining agent, access to the workplace, a bulletin board in the workplace, and a shop steward Budd 304). In an article published in the Times of Malta (http://www.timesofmalta.com/articles/view/20110708/local/tribunal-awards-gwu-shop-steward.374541) a General Workers’ Union shop steward who was unfairly dismissed received 16,000 pounds or more than $25,700 in compensation. The tribunal said that the worker was not liked by his superiors even though he was an “exemplary worker” who safeguarded his co-workers rights. Management rights include such items as just cause firing, job content and workforce size, production standards, and deciding what to produce (Budd 304).
Works cited:
Budd, John W. Labor Relations: Striking a Balance. New York: McGraw-Hill/Irwin, 2005. (Budd 304).
4. Describe the process of establishing a union in the workplace. 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 any part of the process of establishing a union. Write a succinct and complete summary on the contents of the article you've provided along with your critical comments about that article. Support your findings with referenced research. (5 points)
A. The union organizing process starts with either the workers contacting a potential union or vice versa. The next step is to build support by collecting authorization cards. If the union gets thirty to fifty percent of the company to sign authorization cards then the union must file a petition with the National Labor Relations Boards (NLRB) for recognition. If the union gets more than fifty percent of the company to sign authorization cards then the union may request voluntary recognition from the company itself. If the employer accepts the union’s recognition then the union is recognized as the sole bargaining agent for the employees and the employer must bargain with the union. If the employer denies the union’s recognition then the union must file a petition with the NLRB. At this point the NLRB must determine the correct bargaining unit. If less than thirty percent of the company signed authorization cards for the union then the union must collect more signatures from the employees before proceeding. If the union has at least thirty percent of the company’s employees’ signatures on authorization cards then the NLRB will hold a certification election. If less than fifty percent of the company votes for the union then the union is not recognized as the bargaining agent for the company, but if more than fifty percent of the employees vote for the union then the union is recognized and the company must begin bargaining with said union Budd 189). In an article on the Human Resource Executive Online (http://www.hreonline.com/HRE/story.jsp?storyId=533339685) the National Labor Relations Board said that they want to allow unions to be able to file petitions electronically and they want to be able to require employers to produce a final voter list in electronic form as soon as an election is filed. These changes are in hopes of making union elections fairer and to provide employees with more information so that they may make a more informed decision on whether to unionize or not.
Works cited:
Budd, John W. Labor Relations: Striking a Balance. New York: McGraw-Hill/Irwin, 2005. (Budd 189).
New Rules Outrage Employers http://www.hreonline.com/HRE/story.jsp?storyId=533339685 5. Define and discuss three examples of employer unfair labor practices. Include and discuss [showing relevance or applicability] at least one reference found in our text, along with two current web-based news item/magazine articles, each pertaining to at least one of the three examples of employer unfair labor practices you've cited. Write a succinct and complete summary on the contents of each of the articles you've provided along with your critical comments about each article. Support your findings with referenced research. (14 points) A. Three examples of employer unfair labor practices are being fired for forming or joining a union, changing wages, benefits, or other terms of employment without negotiating with the union first, and failing to bargain in good faith (Budd 123). In an article published in the Gloucester Times (http://www.gloucestertimes.com/business/x645278350/Workers-fired-for-union-organizing-get-checks-in-the-mail-four-years-later) eight employees who were fired from Telecom USA received compensation checks in the mail four years after being fired for trying to form a union. According to Section 8(a)(3): Discrimination to Encourage or Discourage Union Membership, companies cannot fire employees for trying to form a union (Budd 123). And in an article published in Market Watch (http://www.marketwatch.com/story/funeral-directors-forced-to-prepare-for-strike-after-sci-management-says-no-to-union-health-care-2011-06-15?reflink=MW_news_stmp) Alderwoods Funeral Home is said to be unreasonable in asking its workers to take a five year pay freeze after the company’s stock has almost doubled. The union said they would take the five year pay freeze provided Alderwoods would put the employees back into the union’s health and welfare coverage. Alderwoods placed seventeen of the union’s employees on a company health care plan that is more expensive and has less comprehensive coverage. If Alderwoods would place the employees back into the union’s health care plan they would save money on benefits contributions and the employees would save thousands of dollars each year. The union says that the company is trying to “break the backs of hardworking men and women.” According to Section 8(a)(5): Refusal to Bargain with a Certified Union states that a company may not bargain without a sincere attempt to reach an agreement (Budd 123).
Works cited:
Budd, John W. Labor Relations: Striking a Balance. New York: McGraw-Hill/Irwin, 2005. (Budd 123).
Workers receive compensation four years later http://www.gloucestertimes.com/business/x645278350/Workers-fired-for-union-organizing-get-checks-in-the-mail-four-years-later
Alderwoods Funeral Homes http://www.marketwatch.com/story/funeral-directors-forced-to-prepare-for-strike-after-sci-management-says-no-to-union-health-care-2011-06-15?reflink=MW_news_stmp 6. Define and discuss the role and function of an arbitrator. 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 an arbitrator or a labor relations-related arbitration action. Write a succinct and complete summary on the contents of the article you've provided along with your critical comments about that article. Support your findings with referenced research. (4 points) A. The role and function of an arbitrator is a neutral third party who forces an agreement between the employer and the union by issuing a ruling that specifies the terms of the settlement. The arbitrator has a high level of control over the outcome but no involvement in the actual negotiating process (Budd 285). Arbitrators are usually full-time, self-employed arbitrators, lawyers, or university professors who arbitrate on a part-time basis and are usually picked by the labor and management negotiators to solve a disagreement using analytical skills (Budd 286). There are three court rulings regarding arbitration called the Steelworkers Trilogy. The first states that it is the arbitrator’s role to look at the merits of the arbitration case to decide whether or not a grievance is subject to arbitration. The second case ruled that unless a contract specifically excludes a subject from the grievance or arbitration clause it is subject to arbitration. These two rulings were made to support the importance of the grievance procedure by making it hard for management to refuse a grievance when it is covered in the union contract. The last court ruling stated that it is not the Supreme Courts duty to second-guess an arbitrator and therefore cannot over-turn a decision unless is does not “draw its essence from the collective bargaining contract” (Budd 318). In an article published online by ERE (http://www.ere.net/2011/06/17/theres-a-fog-surrounding-mandatory-employee-arbitration-agreements/) the arbitration policy that was accepted by Supply Technologies was ruled to interfere with the employees rights that are described in the National Labor Relations Act. The contract was written in English and twenty employees who refused to sign were Hmong and could not read the contracts that they were given since the contracts were written in English. The Teamsters union filed a complaint on behalf of the employees to the National Labor Relations Board. After the contract was viewed by the board it was found to have contradictory language and was considered to be unlawful by the NLRB.
Works cited:
Budd, John W. Labor Relations: Striking a Balance. New York: McGraw-Hill/Irwin, 2005. (Budd 285).
Budd, John W. Labor Relations: Striking a Balance. New York: McGraw-Hill/Irwin, 2005. (Budd 286).
Budd, John W. Labor Relations: Striking a Balance. New York: McGraw-Hill/Irwin, 2005. (Budd 318). Employee Arbitration Agreement http://www.ere.net/2011/06/17/theres-a-fog-surrounding-mandatory-employee-arbitration-agreements/ 7. Describe the process of administering a collective bargaining agreement (CBA). What are the issues, and how are they handled? 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 CBA being implemented. Write a succinct and complete summary on the contents of the article you've provided along with your critical comments about that article. Support your findings with referenced research. (5 points) A. Contract administration involves interpreting, applying, and resolving conflicts in regards to collective bargaining agreements and is a critical process in U.S. labor relations. Contract administration also deals with rights disputes which are disagreements over whether or not a person’s rights, which where specified in the contract, have been violated. Rights disputes are grievances that deal with the application and interpretation of a contract (Budd 302). In an article published in Seattle PI (http://www.seattlepi.com/local/article/City-Attorney-Misbehaving-cops-names-should-1433750.php) an arbitrator ruled that the names of the officers found guilty of misconduct should not be released publicly based on the contract between the Seattle Police Officers Guild and the city. However, the city is trying to have the ruling over turned saying that it is against the state Public Record Act that states all names should be released to the public. The assistant city attorney said that the arbitrator’s decision clearly goes against state law but the union says that the collective bargaining agreement is also binding. The court will decide the outcome on June 29, 2001.
Works cited:
Budd, John W. Labor Relations: Striking a Balance. New York: McGraw-Hill/Irwin, 2005. (Budd 302).
Misbehaving Cops http://www.seattlepi.com/local/article/City-Attorney-Misbehaving-cops-names-should-1433750.php
8. Describe the process of decertification of a labor bargaining unit. 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 the decertification process, proceeding, or action. Write a succinct and complete summary on the contents of the article you've provided along with your critical comments about that article. Support your findings with referenced research. (5 points) A. The process of decertification of a labor bargaining unit is covered under Section 9 of the Taft-Harley Act and states that individuals can get rid of their bargaining agent if they no longer desire union representation. This revision of the Wagner Act was implemented in 1947 to help restore the balance among individuals, unions, and employers Budd 131). In an article published in The Dispatch (http://www.cdispatch.com/news/article.asp?aid=11958) a decertification election has been set for the Omnova dispute. The decertification election will be on whether or not the replacement workers want to be represented by a union. Since no one’s eligibility has be determined yet, all workers will have a vote in the election. This election has dragged on for over a year now and the union contract ran out in May 2011.
Works cited:
Budd, John W. Labor Relations: Striking a Balance. New York: McGraw-Hill/Irwin, 2005. (Budd 131).
