...WEEK 12-Labor Law 1 a. NLRA and Section 7 and Labor Peace * Employers and unions if employees elect a union then an employer is required to bargain the union over wages, hours, terms, and conditions of employment. b. NLRB * 5 people appointed by the president that administer the act. They have to be approved by the senate c. PERA (Michigan) * Public employees relation act-covers public sector(payed by tax dollars) d. MERC * Michigan employment relations commission-governor appoints and state senate approves. e. ULP * Unfair Labor Practice-violation of PERA or NLRA f. ULP – Regional Manager – ALJ – NLRB – COA – S. Ct. * Labor judge, NLRB, court of appeals, supreme court g. Section 8 – Enforces Section 7 * Section 7 tells what act is about section 8 enforces it h. Wages, Hours, Terms and Conditions of Employment * What you bargain for, terms(healthcare, uniforms) i. Section 8 a - applies to ERS * Tells employer what they can or cannot do j. Section 8 b – applies to Unions * Tells unions what they can or cannot do k. Who is a protected EE under the NLRA? * (Not supervisors, not K workers, not managerial EES, not confidential EES.) j. Who is a protected EE under Michigan’s PERA? * (Everyone except Executives) ARTICLE 1 A. A collective bargaining agreement (CBA) * Is a process of negotiations between employers and a group of employees aimed at reaching agreements that regulate working conditions. The collective...
Words: 2203 - Pages: 9
...Labor Laws and Unions HRM/531 Labor Laws and Unions In an effort to increase productivity and improve the quality of work life for many labor driven industries, organizations choose to manage labor workers through union contracts. Unions are organized of workers who unite to represent employees in protecting their rights on the job. DHL, a global market leader in the logistics industry is an organization whose employees are represented by the International Brotherhood of Teamsters. This organization, like many others, uses union representation and collective bargaining to manage the rights of labor workers. The global network of DHL is made up of 220 countries and territories worldwide. With 300,000 employees worldwide there are more than 40,000 employees in the U.S (Reuter, 2008). The Teamsters union represents more than 12,000 workers in the DHL system. In 2008 the DHL Express employees represented by the union voted to ratify a new labor agreement that was put in place for a five-year deal that represents majority of the employees who handle shipments. The new bargaining agreement provides increased operational flexibility that allows SHL to enhance labor resources management and improves their competitive position (Reuter, 2008). It also provides annual wages and benefit increases for those DHL employees represented by Teamster. Unionization Process Under the National Labor Relations Board (NLRB), the employees are allowed to form unions given the following processes:...
Words: 759 - Pages: 4
...a customer appreciation day. For the event, your firm hired a caterer to offer a barbeque picnic to the customers. Fred has posted a picture of the food on the event, and comments that is “sloppy food” to high-end customers. After a week of the “slopping food” posting, your grandson rolled a brand new S Class Mercedes into the pond outside the dealership. Fred also posts the incident on his Facebook, and has snide comments such as, “Grandpa sure is proud now”, “here is how rich kid’s play”. After you know the posts, you decided to terminate Fred. Unfortunately, you heard Fred has hired a big fancy employment lawyer and is going to sue you on unfair labor practices and invasion of privacy. Employers who discipline employees for their social media activity could unwittingly violate protections under the National Labor Relations Act (NLRA) for employees who engage in “protected concerted...
Words: 892 - Pages: 4
...were years of relative prosperity in the United States, the workers in industries such as steel, automobiles, rubber, and textiles benefited less than they would later in the years after World War II. While shop floor environments were often hard and authoritarian, the mass-production industries expended great efforts to prevent the growth of unions, which under the American Federation of Labor (AFL) had enjoyed some success during World War I. State legislatures at the time, reflecting the views of the American middle class, supported the concept of the "open shop" which prevented a union from being the exclusive representative of all workers. This made it easier for companies to deny unions the right to collective bargaining and block unionization through court enforcement. Between 1920 and 1929, union membership in the United States actually dropped from about five million to three-and-a-half million. The large, unskilled or semi-skilled industries remained unorganized (America.Gov, 2008). With the passage of a few federal laws, especially the Wagner Act (National Labor Relations Act or NLRA) in 1935, unions were on a much better footing. This was during the Great Depression of the 1930’s, and it was part of President Roosevelt’s “New Deal” to help bring about an economic recovery to put more money in workers’ pockets so they could spend more (Clark, 2007). However, as laws improved workers’ conditions and rights, there was less and less need for unions, and...
Words: 1138 - Pages: 5
...Labor Laws and Unions HRM/531 Jan 16 2012 Christine Healy Labor Laws and Unions In the following discussion will be an analysis of UPS (United Postal Service) which is currently unionized consisting of background information, legal issues and obstacles they may encounter, how the federal, state, and local laws could be breached because of the legal issues and why, and recommendations how to mitigate the possible litigation. As a part of the analysis the subsequent questions will be answered what are the benefits of UPS joining the union, what is the unionization process, how do they bargain, and what effects does the bargaining have on the organization. UPS started out as a messenger company in 1907 and has grown into a multibillion dollar corporation ("About Ups Highlights (company History) ", 1994-2012). Ups is the world largest package delivery company and leading global provider of specialized transportation and logistics services ("Company History (timeline)", 1994-2012).UPS has 185,000 union members and 75,000 non union members (). The majority of the UPS union members are a part of the international brotherhood of teamsters (IBT) which are a part of the (AFO-CIO) (Proyect, 2012). UPS operates under the National Labor Relations Act (NLRA, commonly known as the Wagner act.) (Thomas, 2001). Some of the legal issues include the legality of the proposals by UPS to change benefit packages, 2006 legal issue concerning the IBT’s right to designate a representative on...
Words: 1039 - Pages: 5
...Human resource Management includes the following activities except for production forecasts 2. Technological, deregulation, globalization trends are in turn producing changes in the nature of jobs and work. 3. The specific HR courses of action the company plans to achieve its goals/objectives if referred to as an human resource strategy 4. In the interview method of job analysis, the following questions are often asked of employees except what are your career goals? 5. According to the American with Disabilities Act (ADA), job descriptions should indentify the following needed to perform the job’s essential functions except: independent communication 6. Contingent staffing is an increasing trend in today’s business world due to the following except for increase cost per hour for the temporary employees 7. The following are common interviewing mistakes made by interviewers except following a structured guide 8. The Sarbanes-Oxley Act requires that executives cannot retain bonuses or profits from selling company stock if they mislead the public about the financial health of the company True 9. The first step in a training program is to determine what training if any needed. 10. The following are steps in the five-step training and development process except summary and review. 11. The heart of performance analysis is distinguishing between: can’t do and won’t do 12. Training is used to focus mostly on technical skills, but today’s employees...
Words: 713 - Pages: 3
...Paper Companies have created environments where employees are working hard but employees are not achieving progress in the area of money and benefits they would like to earn. The establishing of unions assisted in creating a platform for individuals to voice concerns and issues to employers to create a better work environment and benefits that employers offer to employees. The Wagner Act of 1935 gave employees the right to organize unions, bargain collectively with employers, and engage in other concerted actions for the purpose of mutual protection. The Norris–La Guardia Act had previously granted these rights the Wagner Act went further and required employers to recognize unions chosen by employees and to bargain with unions in good faith. The Taft-Hartley Act placed the federal government in a position to ensure that union-management relations are conducted fairly by both parties. The act allowed employees the right to organize a union, bargain collectively with an employer, and engage in other concerted activities for the purpose of collective bargaining. Major provisions of the Taft-Hartley Act established a number of unfair union practices unions are not able to coerce employees who do not want to join, force employers to pressure employees to join a union, refuse to bargain in good faith with an employer, force an employer to pay for services not performed (featherbedding). Engage in certain types of secondary boycotts (taking action against an employer that is not directly...
Words: 1176 - Pages: 5
...Labor Management (not covered in class; come from this handout) – 3 QUESTIONS Labor-Management Relations 1. Unions have not fared especially well in recent years. In 1970, approximately 30% of the workforce was unionized. Today, it is about ½ of that. Why? One reason is the shift from a manufacturing to a service economy. Some would contend that unions are not as necessary now as they once were because so many state and federal laws already protect employees. 2. Unions are gearing up to increase their membership Targeting women and minorities, which is ironic because unions have traditionally been controlled by white, blue-collar men who had little interest in seeing women and minorities make gains in the workplace. 4 Major Federal Labor Law Statutes 1. Norris-LaGuardia (1932) Outlaws yellow dog contracts (whereby employee agrees that he will not become involved in union activity and acknowledges that employer has the right to fire him if he does), and Limits power of federal courts to issue injunctions in labor disputes (traditionally, employer could easily get injunction, thereby putting an end to planned labor activities—strikes, for example). 2. Wagner (1935) - Outlaws unfair labor practices by employers. Grants employees the right to form, join, assist unions, and to bargain collectively (through union, instead of contracting individually with employer—strength in unity—employer doesn’t need any particular worker, but does need labor). Grants...
Words: 1725 - Pages: 7
...Exam #4 Study Guide MGT 311 –Spring 2011 Chapters 11 and 12 – Compensation 1. What is compensation? What are the two main categories of compensation? “All forms of financial returns and tangible services and benefits employees receive as part of an employment relationship.” Direct: Base pay (wages, salaries); Variable pay (bonuses, incentive, stock options) Indirect: Health/Medical insurance; life/disability insurance; paid time off; retirement/pension plans; educational assistance 2. What are the factors that affect how much someone gets paid? (This was an in-class activity) Economic influence on pay; 3. What is equity theory? What are the consequences of inequity? • People measure outcomes such as pay in terms of their inputs. Fairness of pay relative to that of other employees (Op/Ip < = > Oo/Io) • Op/Ip = Oo/Io => balance – no change • Op/Ip > Oo/Io => overreward inequity (Re-evaluate to make = ) • Op/Ip < Oo/Io => underreward inequity (Reducing one’s inputs (not working as hard); Increasing one’s outcomes (theft); leaving( withdraw by leaving the organization or refusing to cooperate) 4. What are the three pay level policies we discussed in class? What are the advantages and disadvantages of using each type? P319. Lead, Match, or Follow (>the rate set by market force) 5. What are compensable factors? Why are they important for an organization? “Job attributes that provide...
Words: 474 - Pages: 2
...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...
Words: 725 - Pages: 3
...Labor Relations and Legislation Labor relations are defined as the relationships between the employer and the employee, specifically the unionized employee. It is a set of activities and procedures used to clarify, manage, reduce, and resolve conflicts between an employer and union members (Fossum, 2005). Federal and state laws and regulations govern the conduct of employers and unions in the administration of employee representation and collective bargaining. Prior to the 1930s few laws were in place to protect workers who were unionized or seeking to join or create a unionized work force. Instead, employers had the liberty to spy on, question, punish, black list and fire union members or workers seeking to unionize. However, with the enactment of the Wagner Act, also known as the National Labor Relations Act (NLRA), in 1933 the tide of opposition began to turn in favor of the unionization of workers. United States labor law consists primarily of the Norris-LaGuardia, Wagner, Taft-Hartley, Landrum-Griffin Acts, and Public Law 93-360. These laws enable collective bargaining, regulate labor and management activities, and limit intervention by the federal courts in lawful union activities. Norris-LaGuardia Act In 1932, the Norris-LaGuardia Act was passed. This act had several provisions. It established the law that workers should be free to unionize without employer interference. It removed the federal courts jurisdiction to issue injunctions in nonviolent labor disputes...
Words: 686 - Pages: 3
...Anthony Urbina March 23, 2015 PA 530 Should Public Employees be allowed to strike? Strikes are a movement by employees when they feel their labor is being unappreciated or there is a wrong doing with their pay and possibly retirement plan. This will cause employees to band together and strike. A strike is when employees refuse to do the work that their employer has asked of them. It is usually the last step in labor management negotiations and is something that both sides typically want to avoid. Since when employees go on a strike both sides lose out on something. Employees do not get paid and the employers do not get their productivity done. In history, public employees never had the right to strike and they never struck before the 1960’s. That is the movement that they began to fight for their rights as public employees and it caused a major movement for public employees to stand up for themselves and fight back against the union that was violating their rights as public employees. Until the late 1960s, public employee strikes were illegal in every jurisdiction in the U.S. Yet when the idea took hold and the context was right, hundreds of thousands of public workers struck anyway, violating state laws and court injunctions. And they generally won—achieving recognition and good contracts, and forcing lawmakers to amend state laws to permit public employee bargaining. - See more at: http://labornotes.org/2014/06/inspiration-look-history-public-worker-strikes#sthash...
Words: 2609 - Pages: 11
...McGrory PA 530 5/23/2015 The Need to Strike Introduction The pubic sector in this country is currently under attack. Wages are stagnating, and benefit plans are getting slashed. It used to be a wide known fact that public sectors employees earn less than private sector employees, but in the public sector you earn better benefits and have better job security. This is no longer the case as Republican led legislators are fighting to cut public sector benefits and the right of public sector employees to collectively bargain. Public sector unions are still very strong, and the union members need to trust these unions to bargain for them. To put the union topic in perspective, back in 1974, most of the biggest unions--except for the National Education Association--were private-sector unions. However, by 2007, most of the biggest unions were public-sector union. Second, both the biggest union in 2007 (the NEA) and the fifth-biggest union in 2007 (the UFCW) were substantially larger than the first- and fifth-biggest unions in 1974. This trend has shifted as we see almost no private sector unions, and the ones in the public sector constantly under attack. Throughout this paper, I will argue for the need for public sector employees to be allowed to strike as part of the negotiation process. I will also go over the history of collectively bargaining laws, how they apply to the public sector, and talk about unions in general throughout the process. Background There is an inherent...
Words: 4435 - Pages: 18
...MG420 Labor Relations Research Assignment 21 February 2016 Instructor: 1. Define the 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...
Words: 2687 - Pages: 11
...Labor Relations Grand Canyon University: HLT-520 James Webb September 23, 2015 The National Labor Relations Act (NLRA) started in July 1935 to protect the rights of employees, rather, they be union or nor-union employees (Pozgar, 2012). The employees are protected under the Act or may employ in bubble-like, rigorous goings-on in situations other than the customary union organizations and cooperative bargaining. The National Labor Relations Board regulates the employers from interfering with the rights of the employees to implement or organize and join with a groups that offers assists with collective bargaining purposes like organization union or joining one (Pozgar, 2012). The employer may not restrain, coerce or stop employees from the right to gain assists with a union (Pozgar, 2012). An example that would violate the NLRA in a hospital setting is when an employee (non-union) has been working overtime and is on salary (Chapman, 2015). Hospital policy for staff who are on salary are exempt from overtime. In the position with salary, a staff member can take time off during the work week in order for the hospital to avoid paying overtime. With a tight schedule that the staff are obligated too, it is next to impossible for the staff to take the time off, in the one week time, so they lose the compensation and work for free, adding long hour days. One of the staff members wrote a letter to protest and to make changes the way that staff is compensation for overtime, that...
Words: 714 - Pages: 3
