...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 to avoid. They must content themselves with looser approximations to the enforcement of their rights than those 1 that the law accords them, when they resort to its machinery. Today there is uncertainty about the appropriateness of discovery in labor arbitration 2 and confusion about the author* Julius E. Davis Professor of Law, 1987-1988, University of Minnesota Law School. The...
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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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...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). Chapter II DEFINITIONS Article. 212. Definitions. - (a) "Commission" means the National Labor Relations Commission or any of its divisions, as the case may be, as provided under this Code. (b)...
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...settlement can be avoided. Neither party will have to incur the charges that they would have to pay in arbitration. Time will be saved with mediation. Mediation typically takes 44 days while arbitration takes around 473 days. If the parties do not come to an agreement both sides can evaluate the weaknesses and strengths of the information they provided. “65 percent indicated the use of interest-based grievance mediation had led to a better union-management relationship,” (Carrell & Heavrin, 2010, p. 497, para 1). Some of the disadvantages of grievance mediation is the fact that if there is no agreement reached in that time and the two parties have to go to arbitration they will have wasted time and money. The mediator does not have the authority to make binding decisions. Grievance mediation is an alternative dispute resolution that can be used but does not mean the decisions made during this time are binding so if both parties do not agree they can seek to go to arbitration. There are advantages and disadvantages to grievance mediation; one just has to decide which one would be more beneficial to them. Grievance mediation can be a win-win. Reference Carrell, M. R., & Heavrin, C. (2010). Labor relations and collective bargaining: Cases, practice, and law (9th ed.). Upper Saddle River, NJ: Prentice Hall Do you believe grievance mediation is necessary? Why or why not? What other options might be more effective, if any? Defend...
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...THE LABOUR LAW CHAPTER ONE: GENERAL DEFINITIONS AND PRINCIPLES Article 1: All employers, workers, workshops and production, industrial, services and agricultural institutes shall be obligated to observe the provisions of this Law. Article 2: For the purpose of this Law, a worker is one who works in any capacity against receipt of remuneration including wages, salary, share of profit, and other benefits at the request of the employer. Article 3: An Employer is a natural person or a juridical entity at whose request and account a worker works against receipt of remuneration. The directors, officials and in general, all those individuals who are assigned with the task of administering workshops shall be deemed to be representatives of the employer. An employer shall be responsible for all commitments made by the said representatives towards workers. Should the employer’s representative undertake any commitment outside the scope of his powers and such commitments shall not be acceptable to the employer, he will be responsible towards the employer. Article 4:Workshop is a place like industrial, agricultural, mining, construction, transportation, passenger transport, services, commercial and production institutes, public premises and their likes, where the worker in which performs his work at the request of the employer or his representative. All facilities, belonging to a workshop such as prayer-room, canteen, cooperative shop, nursery, kindergarten, clinic, bath, vocational training...
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...Teachers, AFL-CIO he following questions are based on the labor agreement between Rutgers University and the Union of Union of Rutgers Administrators American Federation of Teachers, AFL-CIO. Rutgers University is considered to be the eighth oldest university in the United States. Rutgers, formally known as Queen’s College, prior to 1924, was an all-male school until 1918, when women were admitted to the university’s Douglass Campus, which was New Jersey College for Women. Today, Rutgers University, which has campus locations in Newark, New Brunswick, Camden and several others, consist of more than 58,000 students, 43,380 undergraduate students, 14,800 graduates students and 13,000 faculty and staffs. In 1970, Rutgers Council of American Association of University Professors (AAUP) Chapters was formed and throughout the years have formed separate collective bargaining units for employed graduate students, part time faculty, police personnel and educational opportunity fund counselors. In 2007, the American Associate of University Professor became affiliates of the American Federation of Teachers (AFT). (Rutgers History) 1. Give the name of the union and the employer covered by the agreement. The name of the Union of Rutgers Administrators-American Federation of Teachers, AFL-CIO and Rutgers, the State University of New Jersey 2. Effective dates of the agreement. The effective date of the agreement is from July 1, 2007 through June 30, 2011 3. Identify who is...
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...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 bargaining. The Public Employee Relations Board (PERB) administers the MMBA. This paper will review the frame work of these land...
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...term “collective bargaining” and list and describe four issues that are mandatory components of a collective bargaining agreement. Efficiency, equity, and voice are the fundamental goal of labor relations and collective bargaining is a critical tool in maintaining and achieving this goal (Budd, 2013, p. 5). Collective bargaining are negotiations between employee and employer representatives concerning terms and conditions of employment that applies to the employees (Cornell University Law School, n.d.). The collective bargaining process results in a legally binding agreement between upper management and union members. The agreement through collective bargaining cover many areas, to include: compensations (wages, benefits, holidays/vacations, shift premiums and profit sharing), personnel policies and procedures (layoff, promotion, transfer policies, overtime and vacation rules), employee rights and responsibilities (seniority rights, job standards and workplace rules), employer rights and responsibilities (management rights, just cause discipline and discharge, subcontracting and safety standards), union rights and responsibilities (recognition as bargaining agent, bulletin board, union security, dues checkoff, shop stewards and no strike clauses) and dispute resolution and ongoing decision making (grievance procedures, committees, consultation and renegotiation procedures) (Budd, 2013, pp. 11-12). Despite the above list of issues for potential address in collective bargaining...
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...be the sole differentiator • Look at building expertise in value-added services, data, 3G Succeeding in the Mobile Market • Telecom industry in India is highly competitive with players- competition largely based on price which results in lower margins • Bharti must now look at providing value above basic telephony services and provide value added services which will allow it to charge a premium • Contracts must be drawn to outsource activities that can be done better by market firms to free up resources for other activities; avoid contracting and tendering repeatedly to reduce transaction costs associated with going for a new contract every few months Decision to outsource • Bharti Airtel should enter the outsourcing agreements and hand over the responsibility of buildup, maintenance and servicing of telecom network to equipment vendors like Ericsson, Nokia and Siemens and core IT infrastructure to IBM. Pay per usage approach – sharing market risks with the vendor Customer base growing at 100% per year and it was a challenge to keep pace with network expansion Budgeting and tendering process for network expansion taking tremendous amount of management time and bandwidth – used for sales and marketing Delay in adding additional capacity - Planning, tendering, financing...
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...Collective Bargaining Crystal Hall Bus 670 Peter McCaan April 2, 2012, 2012 The International Association of Firefighters was formed in 1918 to unite firefighters for better wages, improved safety, and greater service for their communities. At a time when fire fighters worked seven days a week, had little benefits, and safety meant putting a wet towel over their face before running into flames, the IAFF became the voice of the firefighter, the protector of the protector. It is through collective bargaining that this labor union and the employer are able to negotiate the scope of the employment relationship; in turn, creating a safer working environment as well as a strong foundation for which the labor and management teams can use to strengthen their relationship. Collective bargaining generally includes negotiations between the two parties (employees’ representatives and employer’s representatives). Collective bargaining consists of negotiations between an employer and a group of employees that determine the conditions of employment. Often employees are represented in the bargaining by a union or other labor organization. The result of collective bargaining procedure is called the collective bargaining agreement or CBA. Collective agreements may be in the form of procedural agreements or substantive agreements. Procedural agreements deal with the relationship between workers and management and the procedures to be adopted for resolving individual or group disputes. This...
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...Property at the global arena? TRIPS is the General Agreement on Tariff and Trade(GATT) Uruguay Round Agreement on Trade Related Intellectual Property. The WTO’s TRIPS Agreement is an attempt to narrow the gaps in the way these rights are protected around the world, and to bring them under common international rules. It deals with the protection & enforcement of Trade-Related intellectual property rights. It establishes minimum levels of protection that each government has to give to the intellectual property of fellow WTO members. TRIPS agreement was made Desiring to reduce distortions and impediments to international trade, and taking into account the need to promote effective and adequate protection of intellectual property rights, and to ensure that measures and procedures to enforce intellectual property rights do not themselves become barriers to legitimate trade. The TRIPS agreement covers five broad issues: * basic principles of the trading system and other international intellectual property agreements should be applied, * to give adequate protection to intellectual property rights, * countries should enforce those rights adequately in their own territories, * to settle disputes on intellectual property between members of the WTO and * Special transitional arrangements during the period when the new system is being introduced. The areas covered by the TRIPS Agreement * Copyright and related rights * Trademarks, including service marks ...
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...TRADEMARKS AND LICENSING Introduction Trademarks are images that companies use to identify a product, service, or brand. Companies retain intellectual property in the creation of images that represent the company in commercial venues. A license is a privilege to use the intellectual property of another person or company in a meaningful way. Licenses can be permanent, temporary, or representative of another type of property interest. In this topic, you will be learning about: · Trademarks · Functions · Acquisition and usage · General licensing considerations · Unfair competition and intellectual property licensing · Licensing provisions Learning Materials Trademarks A trademark is a mark or a sign that will be distinctive, and will identify a good or service that is connected with a company or an individual.Historically, artisans would include a mark or “sign” on their works to denote that they produced the item. Eventually, these “signs” or “marks” evolved into what is now legally known as a trademark. Today, to be a protected mark, a trademark should be registered.The system is helpful in leading consumers to be able to identify authentic products and services, and by the same token, companies can use trademarks to build reputations and foster good will.Trademarks come in a wide variety of types. A trademark can be any of the following: a picture, word, symbol, or letter. It may also be a phrase or a combination of pictures and words.| A trademark can be multi-dimensional...
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...INTELLECTUAL PROPERTY RIGHTS What is an Intellectual Property? With compared to real property, Intellectual Property is NOT tangible because it is not a product of human skill but of human intellect. Therefore it is said that “it is a fruit of human intellect”. Why Intellectual Property Rights are important? Although it is a fact that the power of thinking or the Power of mind cannot be stolen by a powerful third party, it is equally true that “ Intellectual Property Rights “ are being violated all over the globe. Intellectual Property Law is the branch of Law that provides protection for this valuable result of human endeavor. In the process of the development of the world as it stands today, the human mind: the intellect played the major role which nobody can deny. Therefore every country has given a prominent place to this special branch of Law for the sake of economic development. What are the governing bodies and Acts of Intellectual Property Rights? Intellectual Property Act No.36 of 2003 is the frame work within which the Intellectual Property Rights are currently protected within SRI LANKA which is a member state of World Intellectual Property organization (WIPO) and a party for the International Treaties/Agreements such as (PCT) Patent Co-operation Treaty, TRIPS Agreement and Berne convention. The National Intellectual Property Office of Sri Lanka is the ONLY Government body established for the full control of IP related matters...
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...PROTECTION TO LABOR, PROMOTE EMPLOYMENT AND HUMAN RESOURCES DEVELOPMENT AND ENSURE INDUSTRIAL PEACE BASED ON SOCIAL JUSTICE. Preliminary Title Chapter 1 EMANCIPATION OF TENANTS Article 7. Statement of objectives. Inasmuch as the old concept of land ownership by a few has spawned valid and legitimate grievances that gave rise to violent conflict and social tension and the redress of such legitimate grievances being one of the fundamental objectives of the New Society, it has become imperative to start reformation with the emancipation of the tiller of the soil from his bondage. Article 8. Transfer of lands to tenant workers. Being a vital part of the labor force, tenant-farmers on private agricultural lands primarily devoted to rice and corn under a system of share crop or lease tenancy whether classified as landed estate or not shall be deemed owner of a portion constituting a family size farm of five hectares if not irrigated and three hectares if irrigated. In all cases, the landowner may retain an area of not more than seven hectares if such landowner is cultivating such area or will now cultivate it. Article 9. Determination of land value. For the purpose of determining the cost of the land to be transferred to the m tenant-farmer, the value of the land shall be equivalent to two and one-half times the average harvest of three normal...
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...The Trans-Pacific Partnership (TPP) is an international trade agreement that is aimed creating an Asian-Pacific free trade area. The TPP arises from the Trans-Pacific Strategic Economic Partnership Agreement that was reached in 2006 by only four countries. Australia joined the TPP in 2008. One of the main reasons behind Australia’s interest in the agreement an estimated 70 per cent of country’s trade flows through this region . Currently, the accord is being negotiated by 12 Pacific Rim countries including Australia, the United States, Canada, Brunei, Chile, Malaysia, Japan, Mexico, Peru, New Zealand, Peru, Vietnam and Singapore. Once the agreement is finalized each member will have to harmonize the relevant regulations according to conventional TPP standards. The conclusion of the TPP is also expected to integrate the Australian economy into the wider Pacific region where the country will benefit from the substantial removal of tariffs and non-tariff barriers. Although the TPP is referred to as a free trade agreement, it is not exclusively about the trade. In fact, trade is only covered under five chapters out of a sum of 29 chapters. Two decades ago, the idea of incorporating labour standards in trade agreements was considered a far-fetched thought . The TPP is a peculiar transnational accord since, integrates labour standards as part of the commitments to be followed by each country. Essentially, the agreement seeks to provide a new benchmark that will enhance the benefits...
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