...The National Labor Relations Act (NLRA) was enacted by Congress in 1935. This act provides the legal structure governing employer-employee relations in the United States. The National Labor Relations Board oversees and enforces the NLRA and determines which issues may be collectively bargained (Mitten et al., 2013) This allows the right to form, join and assist labor organizations. The most recent collective bargaining agreement, or CBA, covers a seven-year term (2017-18 through 2023-24). The option to opt out is only available after the 2022-23 season. Some elements of the bargaining agreement are unchanged, including the following: players share of BRI or basketball related income (49%-51% band), the Salary Cap and Tax,(calculation of Cap/Tax Levels), escrow system, restricted free agency (with certain process related changed), and existing rules on maximum free agent contract length....
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...Interpreting Laws and Court Decisions Interpreting labor and employment laws, as well as court decisions, can be a tedious task at best. The laws set in place are constantly changing and use language that is not easily deciphered by the average working American. The United States Labor laws cover the binding legal connection between the employers, their employees and the employee labor unions. Within the borders of the United States; it is generally know that employers and labor unions do not see eye to eye on most issues regarding labor and employment laws. Labor laws can address one of three different situations: “A union attempts to organize the employees of an employer and to get the employer to recognize it as the employees’ bargaining representative; (2) a union seeks to negotiate a collective bargaining agreement with an employer; or (3) a union and employer disagree on the interpretation and application of an existing contract between the two. Within these three situations, specific rules have been created to deal with rights of employees and employers.” (Labor Law, 2005) The third situation is often seen more times than not; thus creating an everlasting rift between the two parties. In the case study 1-1 of our text, Reinstatement and Back Pay Remedy for Illegal Discharge, it seemed like a common sense; open and shut scenario. My initial thoughts without any research had me thinking there was no way an employer would need to reinstate an unlawfully terminated...
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...[Type the company name] | Illegal Immigrants and The NLRA: | Protection for All? | | | | What rights are illegal immigrants afforded under the National Labor Relations Act? | This paper seeks to investigate whether or not illegal immigrants should be protected under the National Labor Relations Act (NLRA). An illegal immigrant (alien) is anyone who is foreign borne and has entered the United States of American without examination or admitted provisionally and stayed past the time they are required to leave (http://cis.org/illegal). Once reading this definition, as outlined by the Center for Immigration Studies; precisely one would say no, he or she is here illegally. We will first question why individuals have entered the country illegally, their reason for being here, employer responsibly, the Immigration Reform and Control Act and how or why should illegal workers be protected under the NLRA. Illegal aliens accounted for 21% of the foreign born population in the U.S in 2000 with that number increasing to 28% by 2005. With numbers steadily increasing each year, many have begun asking why. Where are the immigrants coming from and why are so many entering into the United States? Statistics show that Mexico is the biggest importer of legal and illegal immigrants (http://cis.org/illegal). More than half of the Mexicans living in the U.S. in the year 2000 were illegal (Edwards, 2000). By 2004, 10.5 million legal and illegal Mexican immigrants were living in...
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...Case Study Week 2: Social Media Polices: Are They Legal? Keisha Rivera DeVry University MGMT 410 Professor Miller Case Study Week 2: Social Media Policies: Are They Legal? The National Labor Relations Board (NLRB) is part of the United States government. It is an independent agency that is in charge of holding elections to represent the labor union, and also investigates and remedies the unfair labor practices (National Labors Relations Board, n.d.). Many companies have policies set into play regarding the restriction of social media usage while on company property. Many organizations are afraid that if an employee is utilizing social media accounts while at work that they may be posting negative comments about the organization. This will give the company a bad name. NLRB Facebook Firing An employee fro a Connecticut company had posted certain negative comments about a supervisor on their personal Facebook account. The employee was fired after posting about her supervisor, calling him a “scumbag”. Under the National Labor Relations Act (NLRA), employees are allowed to criticize the company as well as the leaders on social media. “Employers that set social media policies that prohibit or attempt to prohibit such activity can be in violation” (Northway, 2011, para. 6). Decision I agree with the decision of the NLRB to pursue this case. The company was clearly in the wrong by firing the employee for the remarks she made on her personal Facebook account. She...
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...The Loud Speaker Campaign Tactics BUS405 The Labor Relations Process July 30, 2011 Abstract This paper is focus on the Loud Speaker Tactics. Acoustical Enterprises makes commercial audio soundproofing material at a company in Echo, South Dakota. The Union filed an appeal with the NLRB requesting authorization as the private bargaining representative of Acoustical manufacture and maintenance workers On December 20. As the election came near, the key issue became the salaries and benefits obtained by the non-union workers at the Echo organization set against those received by unionized personnel at a Bronx, New York, business owned by the Acoustical Enterprise. The Board has petition a cross-application for implementation of its charge. Learning that the Board abused its freedom of choice in confirm the Union as the private bargaining spokesperson of Acoustic personnel’s. The Employer acknowledges refusing to bargain but argued that the Union had been incorrectly certified, and therefore no legal duty to bargain could be imposed (Holley, 2010). Explain the captive audience, 24-hour rule. Captive-audience policy applies to a legal rule prohibiting an individual from making intrusive language. This is identified as the captive-audience law. The rule is recognized under constitutional law and labor law. With the labor law, it veto’s a party to a union vote from speaking on company time to a form assembly of workers inside 24 hours of an election. A status quo in...
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...Questions: 1. What are the advantages and disadvantages to Wal-Mart of working with unions? Wal-Mart is not known to be union friendly here in the United States. The advantages of Wal-Mart working with unions are most notably the ability to expand into China. With a population of over 1.3 billion people the need to work with China’s union, which our text book notes is a communist monopoly, (Decenzo and Robbins pg 364), is imperative to opening stores there. With this first wave of union employees we can be hopeful that Wal-Mart will start to accept Unions in United States stores and in Canada. Perhaps Wal-Mart can educate the United States Unions on how it would need to be structured in order for Wal-Mart to allow their presence. Wal-Mart being such a large retailer and employer in the United States could potentially revolutionize as well as revitalize the union movement if it would work more closely with it instead of closing stores who speak of unionizing. The disadvantages to Wal-Mart of working with the Unions can include- Higher wages- our text book states that it is common to find 30% higher wages in union businesses. Medical Benefits- Most unions push for medical benefits for its members Loss of the Sam Walton way- By allowing Unions to enter into the Wal-Mart business model the concept of how Wal-Mart does business could change dramatically. Wal-Mart is accustomed to being the Big Dog. They are able to tell suppliers and vendors to change their...
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...BOOK FIVE LABOR RELATIONS Title I POLICY AND DEFINITIONS Chapter I POLICY Article. 211. Declaration of Policy. - A. It is the policy of the State: (a) To promote and emphasize the primacy of free collective bargaining and negotiations, including voluntary arbitration, mediation and conciliation, as modes of settling labor or industrial disputes; (b) To promote free trade unionism as an instrument for the enhancement of democracy and the promotion of social justice and development; (c) To foster the free and voluntary organization of a strong and united labor movement; (d) To promote the enlightenment of workers concerning their rights and obligations as union members and as employees; (e) To provide an adequate administrative machinery for the expeditious settlement of labor or industrial disputes; (f) To ensure a stable but dynamic and just industrial peace; and (g) To ensure the participation of workers in decision and policy-making processes affecting their rights, duties and welfare. B. To encourage a truly democratic method of regulating the relations between the employers and employees by means of agreements freely entered into through collective bargaining, no court or administrative agency or official shall have the power to set or fix wages, rates of pay, hours of work or other terms and conditions of employment, except as otherwise provided under this Code. (As amended by Section 3, Republic Act No. 6715, March 21, 1989). ...
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...About Labor Relations Labor relations can refer broadly to any dealings between management and workers about employment conditions. However, according to investorglossary.com “labor relations refer to dealings between management and a workforce that is already unionized, or has the potential to become unionized”. Labor relations are more crucial to industries such as autos and airlines where there are heavily unionized workforces. In 1935 the United States labor relations were greatly affected by the passing of the National Labor Relations Act (NLRA). This act gave workers the right to form unions and bargain collectively. Labor relations have also been importantly affected by passing of the Taft-Hartley Act in 1947. This act “equalized the effects of the National Labor Relation Act by defining and prohibiting unfair labor practices by unions” (Flynn, Mathis, Jackson, 2011, pg. 229). It wasn’t until 1974 the healthcare industry was included in the National Labor Relations Act. However, unlike other industries Congress felt there should be some stipulations of unions within the healthcare field. Of the stipulations the ten day strike notice was in effect. The ten day notice demanded that a union give healthcare employers a ten day grace notice before starting a strike. If the notice was not presented the NLRA would not protect the strikers which could leave them jobless. “The process of unionizing healthcare employees has been relatively unchanged since 1974…” (Flynn, Mathis...
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...Task: How much power or influence do the labor and management sides have over workplace rules and organization? In a workplace the rules have to be fair for both employees and employers. Everyone wants to make money and be treated properly. It is my opinion that labor and management have a relatively fair and equal influence. Chapter 4 case study 4.1 asks about the Landrum-Griffin Act. The Landrum-Griffin Act Title I section speaks in regards to the equal rights of every member to nominate, vote, attend meetings, and participate in deliberations. It also refers to freedom of speech and assembly that refers to every member having the right to assemble freely and express any views or arguments they may have with the union as long as it cannot be construed as impairing the rights of the labor organization. In Title IV Section 401(e) of the Landrum-Griffin Act it says “In any election… a reasonable opportunity shall be given for the nomination of candidates and every member in good standing shall be eligible to be a candidate and to hold office”. (Holley) With these excerpts from the Landrum-Griffin Act it gives the labor the rights to collectively decide what they will argue for in the workplace by voting and deliberating as a whole what the majority of the union sees as acceptable terms. Both members of management and labor can be a part of the union and both can hold member or officer positions. With the opportunity of both labor and management to hold different positions...
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...Case study choice 1: Read the Application Case 15-1 on pages 503-505 of the textbook. Answer the following questions based on your reading of the case and the material in Chapter 15. Your response should be at least 3 pages in length, and you should cite references relied upon for your answers. All references should be cited according to APA guidelines, including the textbook. a. Evaluate the various claims made by the union and counterclaims made by the company regarding the charges of unfair labor practices. Which of the arguments are most persuasive? Section 8(a)(1) of the National Labor states, “It shall be an unfair labor practice for an employer to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed by section 7.” (NLRB, 2012) From what I can gather from various readings (American Bar Assoc., UNK), (Cantrell, UNK), this section actually refers to the employer taking part in any of the following actions: • Threatening to terminate an employee or otherwise cause harm to them if they join or vote for a union. • Provoking violence in the workplace towards employees who may vote for a union. • Threatening to close down the business location if the union prevails in an election. • Questioning employees about their union sympathies and activities under threatening circumstances. • Spying on union members and/or organizers, or giving the impression of spying. • Giving an unscheduled raise shortly before a representation election. • Withholding...
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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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...owned company and expands operations globally, this paper will focus on the employment and labor laws, along with legal considerations that influence company operations. It is important to keep in mind that XYZ uses a mix of manning methodologies throughout the company; a full time staff as the core of the company, while maximizing the use of contracted labor in the execution of projects. Employment Law Employment law is a broad category of law that encompasses all areas regarding employee/employer relationships except for the negotiation process and collective bargaining, which is covered by the narrower focused category of labor law. Employment laws consist of thousands of federal and state statutes, regulations, and judicial decisions that are designed to govern the rights and duties of employers and workers. The US Department of Labor (USDOL) reports that there are 180 federal laws alone managed by 28 different agencies within the department. (United States Department of Labor [USDOL], 2014) Employment laws are focused on providing a safe and fair work place for employees and employers, alike, and have their origins in the constitution. They were founded based on public outcry against oppressive practices during the industrial revolution. The first laws founded in the 1920s were focused on fair wages, compensation for injuries, a standard work week, and on eliminating child labor. In the 1960s and 70s, statutes focused on anti-discrimination and unsafe work environments...
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...LIR 858 Alsadeg 1 Hussain Alsadeg Labor Relations Practice in Business and Employee Involvement The Industrial Relations approach to managing the employee/employer relationship has been losing the battle against the Personnel Management school practices. Most integral to the recent personnel management approaches is Employee Involvement. “Fifty-two percent of employees in the Workplace Representation and Participation Survey reported that some form of employee participation program operates in their workplace and 31 percent indicate that they participate in an employee involvement program” (Commission on the Future of Worker-Management Relations). Employee Involvement and empowerment practices are thought to weaken labor unions; as the approach to rewards and empowerment is distributed to individuals instead of being collectively bargained. While employee involvement has demonstrated to bring enhanced productivity and effectiveness, there is concern that employee involvement programs violate Section 8(a)(2) of the NLRA; this section of the law states: “Sec. 8. [§ 158.] (a) [Unfair labor practices by employer] It shall be an unfair labor practice for an employer--(2) to dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it: Provided, That subject to rules and regulations made and published by the Board pursuant to section 6 [section 156 of this title], an employer shall not be...
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...Case Study in Unfair Labor Practice Labor unions have been in decline over the last few decades. However, labor unions in the healthcare industry have been in the news recently, in particular, large and well-funded nursing unions. Sanders and McCutcheon (2010) point out that there is a sense of urgency among nursing unions in large numbers and that nurses in these unions aren’t just concerned about wages, hours and benefits, but patient care and nurse patient ratios. This issue is a key factor in the 2013 case of New York State Nurses Associations v. Olean General Hospital. In this case, the union, the New York State Nurses Association (NYSNA) filed a complaint that Olean General Hospital (OGH) had violated Section 8(a)(1) in the National Labor Relations Act (NLRA) which is the interference with employees’ Section 7 rights and Section 8(a)(5), failure to engage in good faith collective bargaining duty with certified unions. This paper will look at the case, the National Labor Relations Board’s (NLRB) decision and why it had merit. New York State Nurses Association v. Olean General Hospital In 2013 NYSNA filed charges against OGH alleging that the hospital had violated Sections 8(a)(1) and (5) by implementing the Dedicated Education Unit (DEU), a program where nurses in the bargaining unit acted as clinical teachers for Alfred State University. The main issue with the program was that the union believed it was significantly different than other programs the hospital had with...
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...Prepared by: Lisa Fell The Effect of the “Right to Work” Law on Unions and Union Workers in the United States Capstone Co-ordinator: Ted Seath Faculty Advisor: Gary Gannon Table of Contents CHAPTER I 1 DEFINITION OF THE PROBLEM 1 Background Statement 1 Problem Statement 2 Purpose Statement 3 Limitations of Study 3 Reliability 4 Availability 4 Timeliness 4 Precision Error 4 Researcher Prejudice 5 CHAPTER II 5 LITERATURE REVIEW 5 Selected Review of Literature 5 The Effect of Right-to-Work Laws on Workers and Wages 5 Right-to-Work Laws are Beneficial to Unions and Union Workers 10 Right-to-Work Laws Negatively Affect Unions and Union Workers 16 Free-Riders are the Cause of Union Demise 23 Free-Riders Make Unions More Accountable 26 Results Summary 28 Right-to-Work Laws Weaken Labor Unions 28 Workers Gain Fewer Benefits from Economic Growth under Right-to-Work Laws 28 The Broader Economic Effects of Right-to-Work Laws are Difficult to Separate 29 CHAPTER III 29 CONCLUSIONS AND RECOMMENDATIONS 29 Conclusions 29 Recommendations 30 WORKS CITED 32 CHAPTER I DEFINITION OF THE PROBLEM Background Statement The typical factory worker in the late nineteenth century worked ten hours a day, six days a week. Unskilled workers were paid between $1.00 and $1.50 per day. Children were a significant part of the labour force after the Civil War. Workplace accidents were common, and the idea of compensating workers...
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