...Edwards, Margarita Castaneda, Jesse Ellison, and Jonathan Deschine University of Phoenix Business Law 531 James Rambeau July 1, 2015 IRAC Brief Case Analysis Currently, teachers of California are considered government workers and have to pay union dues, according to the law, as a condition of employment. “This arrangement was established under the 1977 Supreme Court case, Abood v. Detroit Board of Education” (Kovacs, 2015, para. 2). The purpose of the lawsuit is to bring back the right to choose and eliminate paying union dues by force that can benefit organizations teachers do not support. The teachers are being represented by Center for Individual Rights and are challenging laws in relation to agency fees under freedom of speech and association grounds. Issue: Was the right to choose and eliminate paying union dues reestablished? Rule: “Typically, California teacher union dues cost upwards of a $1000 per year. Although California law allows teachers to opt-out of the thirty percent or so of their dues devoted to overt political lobbying, they may not opt out of the sixty to seventy percent of their dues the union determines in devoted to collective bargaining. Requiring teachers to pay these “agency fees” assumes that collective bargaining is non political” (Kovacs, 2015, para. 4). Analysis:” “agency fees” laws, which require government workers to pay union dues as a condition of employment in order to negotiate political choices that are often controversial”...
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...Individual Labor Laws and Unions Lalith Madhusudhanan Duraisamy Gurusamy HRM/531 - Human Capital Management Due Date: Mon 11/19/2012 Instructor’s Name: Prof. John Henderson Individual Labor Laws and Unions An organization with which I am familiar that is currently unionized is AT&T Inc. AT&T Inc. AT&T Inc. (formerly SBC Communications) is one of the largest telecommunications groups in the United States. It is engaged in providing telecommunication services to its customers, predominantly in the US. The company provides both wire line and wireless-based telecommunication services. The company’s service offerings include local exchange services, data/broadband and Internet services, and long-distance services. In addition, the company also offers video services, telecommunications equipment, managed networking, wholesale services and directory advertising and publishing. It offers TV services under the U-verse brand. AT&T provides voice coverage in over 220 nations, data roaming in over 190 countries, and 3G in over 125 countries. The company is also the major provider of broadband connectivity with over than 17.46 million subscribers in the US. For more than a century, it has consistently provided innovative, reliable, high-quality products and services and excellent customer care. Today, its mission is to connect people...
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...The Aspects of Labor Unions in America Zella K. Olvera MGT/431 June 14, 2012 Becky A. Shokraii MA, SPHR The aspects of labor unions in America The paper will explore how labor unions have changed the working environment in the United States. The paper will theorize if labor unions are essential and necessary in 2012 as a valuable asset to the American employee, or if labor unions have out lived usefulness. There was a time in America history labor unions were essential to protect American employees from unfair business practices. Labor unions had an enormous hand in implementing several local, state, and federal labor laws that changed working relations in unions and nonunion organizations. * Define unions and labor relations and their effect on organizations. * A union is composed of hard workingmen and women acting collectively to have his or her voice heard at work. By joining together as one cohesive entity the employees gain strength in numbers to address what the group cares most about. Unions may negotiate new contracts with the employers through collective bargaining for better working conditions, increased wages, retirement benefits, fair, and safe working conditions...
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...Labor Laws And Union Labor Laws and Unions I will discuss a brief background on Ford Motor Company. Identify legal issues and obstacles that this organization could encounter. Determine which federal, state, or local laws could be broken because of these legal issues and why. Provide recommendations to minimize possible litigation. What are the organization’s benefits of joining a union? What is the unionization process? How does a union bargain? What effects does union bargaining have on the organization? Ford Motor Company Background The Ford Motor Company was founded in 1903 by Henry Ford. The Ford Motor Company established itself as being one of the biggest automotive makers in the world. Ford is well-known for making cars and trucks. Ford is also in the business of financing vehicles. Ford has about 78 plants worldwide, Ford employs about 166,000 around the country and 41,000 United Auto Workers (UAW) within the United States. “Ford announced a new four-year labor contract with the United Automobile Workers union in October 2011. The company agreed to add 12,000 jobs and invest $6.2 billion in its United States plants. The numbers included 6,250 jobs and $2.4 billion in investment that it had previously announced” (New York Times, 2011). Legal Issues and Obstacles Ford Could Encounter The current recession has forced many workers and unions to take reductions to avoid Ford and other companies from outsourcing their production. In signing a new contract with...
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...Labor Laws and Unions During week two of the class, the individual paper will give a brief background on United Auto Workers Union. It will discuss the legal issues and obstacles that it has or may encounter. This paper will discuss which federal, state, or local laws that could be broken due to the legal issues that has happen. The author will discuss the effects of the union by answering these following questions: What are the organization’s benefits of joining a union, what is the unionization process, how does a union bargain, and what effects does union bargaining have on the organization. The United Auto Worker (UAW) represents workers in the United States and Puerto Rico, and formerly in Canada. It was founded in 1930’s as part of the Congress of Industrial Organizations (CIO). From 1936 to 1950’s UAW grew rapidly; under the leadership of Walter Reuther it had a major role in the liberal wing of the Democratic Party, which include the civil rights and anti-communist movements. According to (UAW, 2010) UAW has more than 390,000 active members and more than 600,000 retired members. A majority of the union’s retirees stay actively involved in the life of their union, which they participate in 703 retiree chapters and play a vital role in the UAW’s community action program (UAW, 2010). The legal issues and obstacles that UAW faced was in the early years the union found itself face to face with the law by promoting wildcat strikes and work stoppages. According to US Supreme...
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...business world organizations are not as concerned with the threats of unions as in the past. Labor unions stretch deep in the American history protecting the early settlers against unfair working conditions. The work environment has changed significantly over the years; and employees’ rights are now protected by different labor laws so much that the purpose of labor unions seems almost insignificant. Organization however; must maintain a level of integrity and professionalism at all times to ensure honest business practices not only for employees, but also for customers. In this paper unions and labor relations and their effects on organizations are defined. The effect of changes in employee relations strategies, policies, and practices on organizational performance are examined; followed by a discussion on if unions are still relevant in the United States. Union Unions are organizations formed for the purpose of representing their members interest in dealing with employers (Noe, Hollenbeck, Gerhart, & Wright, 2004, p. 461). Labor unions represent the best interest of workers and bargain collectively with the organizations to manage conflict. Unions view their roles as always needed; because of the inevitable employee and manager conflict. If an employee believes his or her interests and needs do not receive adequate consideration from management he, or she usually joins a union to have this addressed. A union not only serves to benefit the members, but also at times is beneficial...
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...Service Professor Jack McGrory April 28, 2014 Introduction This paper will discuss important labor laws and litigation that have empowered both the private and public sector employees with regards to an employee’s First and Fifth Amendment rights of the United States Constitution and their obligations to a labor union. The first part of this paper will discuss the Railway Labor Act and its regulation of union membership or dues as requirement of employment in the railroad and transportation industry. The National Mediation Board was established to administer union membership requirements and the collective bargaining process required by the Railway Labor Act. The second part of this paper explores the National Labor Relations Act of 1935 (NLRA; Wagner Act). The NLRA is the key labor law that governs union activities and collective bargaining in the private sector in the United States (Katz, 2008). The NLRA gives private sector unions the right to organize and regulates the private sector collective bargaining process that allows unions to collect Agency Fees. The National Labor Relations Board (NLRB) administers the NLRA. The third part of this paper explores the individual state laws that regulate the public sector right through collective bargaining to negotiate an agency shop agreement between a public agency and its recognized union, specifically California. In California it is the Meyers-Milias-Brown Act of 1968 (MMBA) that governs public sector collective...
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...that Marbury had a right to his commission that was promised by President Adams before his exit from office . But, ironically Marbury would not receive his commission even though the courts had found in his favor. Marbury v. Madison had opened a door that went beyond Marbury’s commission, the case established a major historical precedent. The courts identified that the Judiciary Act of 1789 was in direct conflict with Article III of the Constitution . In Chief Justice Marshall's opinion, he identified that Congress could not give the Supreme Court the power to issue an order granting Marbury his commission. In the court’s ruling they found that the Constitution was...
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...well as two joint ventures in China. GM's OnStar subsidiary provides vehicle safety, security and information services. Legal issues Does a collective bargaining agreement have the full force and effect of law? Yes. An agreement signed by the designee of the university and ratified by the membership of the union would have the full force and effect of the law. Such an agreement is recognized under existing law and is enforceable in the courts. A contract cannot supersede the law, and if any provision is held to violate the law, that provision is subject to renegotiation. The current recession has forced many workers and unions to take reductions to avoid GM and other companies from outsourcing their production. In signing a new contract with the UAW to hire the 12,000 new jobs within the United States, GM may find themselves in a possible legal issue if the economy keeps going downhill and Ford may have to reduce its workforce. Although Ford has curtailed their risk for possible strikes by the union, there is still a major risk in approving big investments in both employment and operations within the United States Laws involved The National Labor Relations Act (NLRA, the "Wagner Act") gives private sector workers the right to choose whether they wish to be represented by a union and establishes the National...
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...General Motors ‘Unions’ Mandakini Nidathavolu HRM/531 Human Capital Management March 04, 2013 Janis White General Motors ‘Unions’ General Motors Company is identified as one of America’s biggest automobile manufacturing companies, which has a vast global market. In America the act of unionization is considered as the basic right of each employee, and the government has made the relevant guidelines for the organizations, to provide, and protect this right of the employees. The labor union helps the employees to group and discusses their relevant concerns. In the group activity, the employees can raise their concerns regarding any decision taken by the management of the company, and this way they can represent the interests of the employees among the management level decisions. In the perspective of the management, profit maximization is the primary concern, and for this objective they may even overlook the fundamental rights of the employees. Hence the government of the United States of America has ensured that the employees are provided the platform and the legal support to participate in the organizational unions. General Motors is one of the most iconic American automobile companies, which employs more than 200,000 employees throughout its global network. The management of the company has ensured that the important employee rights are protected, and the laws relating to the labor rights are identified, in the foreign markets. The company has operational...
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...Name of the Organization: United Auto Workers Union Brief background information Aside from the union that employs almost half the employees of the company I’m currently employed by, the only other union I am aware of that is still unionized is the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW). The UAW website classifies the Union as "one of the largest and most diverse unions in North America, with members in virtually every sector of the economy. It represented workplaces ranging from multinational corporations, small manufacturers and state and local governments to colleges and universities, hospitals and private non-profit organizations". What's more, the Union "has more than 390,000 active members and more than 600,000 retired members are in the United States, Canada and Puerto Rico". (UAW, 2012) Legal issues and obstacles that this organization could encounter In the beginning years of the union, the union was faced with work stoppages and strikes. These occurrences affected the output of a company, the worker’s salary and the economy in general. Determine which federal, state, or local laws could be broken because of these legal issues and why. Laws violated by wildcat strikes and work stoppages: The Norris–La Guardia Act (also known as the Anti-Injunction Bill) was a 1932 United States federal law that banned yellow-dog contracts, prevented federal courts from issuing injunctions against...
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...Employment Law Tammy Cox Columbia Southern University Index Introduction 3 Discussion 3 Health and Safety 3 Unions 4 Discrimination 6 Disability 7 Privacy 7 Job Security 9 Conclusion 9 Employment Law Introduction Employment Law is applied by the department of labor while expressing the USA employment laws and regulations. The purpose of employment law is to protect the rights and mistreatment of any employee working under any organization. The employment law plays an essential part in protecting the employees according to USA employment laws because every country has their own employment laws. Protection is provided to employers by the acts which are defined by the Department of Labor (Greenhouse, 2011). There are even legal rights for the foreigners, in which it is stated that under what conditions they can work in the country. Various acts of law that come under the employment law are: Equal Employment Opportunity Commission (EEOC), Sexual Harassment, The Americans with Disabilities Act and The Fair Labor Standards Act of 1938 (FLSA). In that particular regard, this paper focuses on the health and safety, unions, discrimination, privacy, and job security. Discussion Health and Safety The Safety and Health at Work is always profiled as catalysts factors improving the quality of work and competitiveness. This is now well proven through various indicators of quality of work and competitiveness, whatever their origin, social or technical. However...
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...1932 is named after Senator George William Norris from Nebraska and Congressman Fiorell H LaGuardia from New York City both republicans who recognized the need to change labor reform. The Act was passed in the middle of the Great Depression to stop legal and judicial barriers preventing workers to organize unions in the United States ("Norris-La Guardia Act | United States [1932] | Britannica.com," n.d.). Employers used to make the potential worker sign yellow-dog contracts that stated if they were to join a union they would be terminated from their job, this became illegal with the passing of the new legislation. Before the Act was passed the law and courts always sided with the employer issuing injunctions prohibiting workers from going on strike and picketing ("Norris-La Guardia Act | United States [1932] | Britannica.com," n.d.)....
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...to $575 within four years of the cars debut. As a result, Ford's share of the market was 48%. Cars were assembled by skilled men who performed the same task over and over again from piles of parts. The assembly line was so efficient that the time to create a car reduced from twelve and a half hours to six hours. Legal issues and obstacles that Ford could encounter: Ford Motor Company is an extremely large corporation that must keep, UAW (United Auto Workers), a very large union content. With the collapse of the economy in 2008, many workers and unions have had to compromise with larger companies in order to keep these companies from moving their production outside of the United States. Ford has agreed to "in-source" jobs from Mexico, China, and Japan and will create 12,000 hourly jobs in the United States by 2015. The proposed contract calls for major givebacks on the income and benefits won by workers over decades of struggle. The UAW proposal would eliminate cost-of-living adjustments, cutting overtime pay after eight hours, end two paid holidays, and reduce break time" (Porter, 2009). If the economy has another downturn and Ford is...
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...1 Davis-Bacon Act Elizabeth Wiedemeier Business law Kenneth Lynch (Instructor) Park University Explain what you are going to do. Will you prove a point? Will you be looking at various opposing views and weighing up the merits? Spell out exactly what you will achieve in your term paper right here. * A brief explanation of the problem * Aim of your term paper * What questions will be answered in the term paper * A brief outline of current research * Relevance of the term paper topic * The research process Introduction: Contractors bid on U. S. Federal Construction projects and most contracts for federally assisted constructions exceeding $2,000 required to pay their employees the standard wage and benefit package that workers in the area performing similar work are earning the “prevailing wage”. Prevailing Wage typically means the local union wage. In government contracting, “a prevailing wage is the hourly wage, benefits and overtime, paid to the majority of workers, laborers, and mechanics within a particular area”. The culprit of all of this is the “Davis Bacon-Act” (DBA) The act was amended several times and has been attacking by opponents claiming its racist, unnecessary, expensive and costing taxpayers and the government a lot of money. Republicans have been attacking and trying to repeal the Davis-Bacon Act on the grounds that it is outdated, expensive and bureaucratic. Their latest effort last year was claiming, the repeal will...
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