...The Union's Demand for Recognition and Bargaining Rights In: Business and Management The Union's Demand for Recognition and Bargaining Rights Case 15-1: The Union’s Demand for Recognition and Bargaining Rights In case study 15-1 a union representative made claims against a company of unfair labor practices. The Union also claimed that this was in violation of Section 8(a)(1) of the LMRA. The Union organizer claimed that the company had interrogated the employees to decipher if a union was being established in the company. Melton, the supervisor of the employees at the time of these discrepancies, did engage in questioning three employees of their union activity within the organization. The Union organizer also argued that the company had threatened employees. The Union rep was based this argument off of the comments of the new supervisor of these employees when he made the comment that if a Union was elected the janitors helpers would lose their rent free apartments and the janitors charged for second bedrooms. My opinion is this was a statement by the supervisor but did seem intended to coerce the voting. The last argument that I find most persuasive for the favor of the Union is the unique timing of new health benefits of the company (Schoen & Gilbert, 1989), which seems to be a direct persuasion to the employees to not vote for the Union. As with all arguments there is a different view point. The company believed that because Melton’s comments were not intended...
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...1.0 Introduction Although the procedure for obtaining union recognition is lengthy, the law recognises the rights of most workers to form and join the trade unions. The 1959 Trade Unions Act and the 1967 Industrial Relations Act (IRA), as well as other amendments place extensive restrictions on freedom on association. The ILO committee of freedom of association (CFA) has found that many provisions of the Trade Unions Act violates the principles of freedom of association, and no such actions has been taken in order to amend these laws. Some other laws, not directly related to labour issues also place restrictions on freedom on association. For example, The Malaysian Penal code requires police permission for public gatherings of more than five people. 1.1 Restrictions on Union Formation, and de-registration of unions : The Director General of Trade unions (DGTU) has the power to supervise and inspect trade unions, and can refuse to register a trade union, without giving any valid reason for the refusal. The director general also has the power to withdraw any unions which do not register, or whose registration has been denied or withdrawn or are considered as illegal organizations. The Minister of Human Resources may also suspend a trade union for up to six months in the interests of national security or public order. 1.2 Banned from organising: The industrial unions are prohibited from organising employees in managerial and executive positions, or those involved...
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...Collective Bargaining What is Collective Bargaining? Collective bargaining consists of negotiations between an employer and a group of employees so as to determine the conditions of employment. The result of collective bargaining procedures is a collective agreement. Employees are often represented in bargaining by a union or other labor organization. By help of collective Bargaining, both employees and employers can negotiate about the specific issues, in terms of notional law, such as: the rules that govern their relationship, wages, hiring practices, layoff, promotions, safety of work, job conditions, working hours, work discipline, benefit programs, and etc. Once both sides have reached a contract that they find agreeable, it is signed and kept in place for a set period of time, most commonly three-five years. The final contract is called a collective bargaining agreement; it represents the fact that it is the result of a collective bargaining effort. When Did Collaborative Bargaining Start? The beginning of collective bargaining goes back in the late nineteenth century, when workers began to stimulate for more rights in their workplaces. Many skilled markets had begun using their skills as bargaining tools to force their employers to accept their workplace needs. Other workers relied on sheer numbers, creating general strikes to protest not suitable working conditions. Several labor pioneers started to establish a collective bargaining system so that labor negotiations...
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...THE TRADE UNIONS IN UK INTRODUCTION Historically, trade unions in the United Kingdom have been viewed as: (1) collective employee organisations established to protect employees from arbitrary actions by employers in matters of pay and working conditions, and (2) as promoters of the legitimate interests of people at work. In practice, they have also played an important role in the political life of the nation, and, to a lesser extent, in its social affairs. The ability of trade unions to exercise power and influence over users of their service depends on the relative demand for that service. Thus, when demands for skilled labour in the economy are high trade unions are in a relatively powerful position to negotiate a high price for the use of labour. They are also able in such circumstances to employ a wide range of sanctions against employers (and even governments). When demand for labour is slack and unemployment begins to rise, trade union power to influence events becomes more limited. In Britain the boom period for trade unions was during the 1970s when membership reached a peak of 13.2 million (1979). At that time the demand for labour was high, many skills where in short supply and there were few legal controls over collective action by unions. By 1990 the situation had changed dramatically with a deep recession, record levels of unemployment, changes In working practices brought about by new technology and last but not least, a substantial framework of labour legislation...
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...CONTEMPORARY RESEARCH IN BUSINESS Collective Bargaining and Its Implementation “A case study of HBFC in Pakistan” Rana Adeel Luqman MS Scholar and Lecturer Commerce Department The Islamia University of Bahawalpur, Punjab, Pakistan Fakhar Shahzad (Corresponding author) MS Scholar and Visiting Lecturer The Islamia University of Bahawalpur, Punjab, Pakistan Sundus Shaheen (Corresponding author) Lecturer, Commerce Department The Islamia University of Bahawalpur, Punjab, Pakistan Tabinda Kiran (Corresponding author) Lecturer, Management Sciences The Islamia University of Bahawalpur, Punjab, Pakistan ABSTRACT The main intention of writing this paper is to develop understanding about the concept of collective bargaining, its scope and implementation issues in HBFC Pakistan and in light of problems that they face in collective bargaining suggest some factors for effective collective bargaining. Simple random sampling was used for collecting data from population. In-depth interviews are conducted formally and informally. Based on the analysis of data gathered in HBFC it was found that there is no proper communication between union and management. They have misconception between them and the management does not properly recognize the union. And there is also the involvement of politics in collective bargaining. So there is need of some improvement in collective bargaining process and also realize the importance of union and collective bargaining. The type of this research study is exploratory...
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...and Cons of Labor Unions The right to self-organization is the right of every worker, free of any intrusion from the employer to form, join or assist in the formation of any legitimate worker's organization or union of his or her own choice. The reason for granting this right is grounded on the essential unfairness in the bargaining situation between an employer and his employees. As the issue of employment bargaining is concerned, there is no doubt that the employer stands on higher ground than the employee. That being said brings me to ask the question: Are labor unions good or bad? To start with, there is greater supply of labor than the demand for labor. Consequently, the employer has the choice to levy demands upon his employees. Next, the need for employment by labor often times arises out of desperation and necessity. As a result, the labor must protect labor to the extent of raising him to equal stability in bargaining relations with his employers and to protect him against abuses. This is in recognition of the principle that those who have less in life should have more in law. The right to form unions is a palpable indicator of the protection accorded by law to labor. By giving employees the opportunity to unite themselves against the employers, they can negotiate with their employers for better wages, benefits and terms and conditions of employment. Certainly, there is no better vehicle for securing change in the workplace than the employees’ union. When employees...
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...COLLECTIVE BARGAINING A just share to the fruits of one’s labor is a right guaranteed to all workers. How this right can be exercised prudently is the main concern of the module. Collective bargaining entails a membership that understands its responsibility from the moment a collective bargaining negotiation is proposed until the time that an agreement is finally implemented. WHAT IS COLLECTIVE BARGAINING? Collective bargaining is a process of negotiating an agreement regarding the terms and conditions of employment through a system of shared responsibility and decision-making between labor and management. WHAT ARE THE BARGAINING? FOUR ESSENTIAL ELEMENTS OF COLLECTIVE Legal. Collective bargaining agreement. is a process of negotiating an of Economic. Moral. It Its contents specify the terms and conditions employment (e.g., salary/wage increase, benefits, etc.). and management. Political. The agreement is a product of a negotiation between labor involves a system of shared responsibility and decisionmaking. WHY IS COLLECTIVE BARGAINING AN IMPORTANT ASPECT OF LABOR-MANAGEMENT RELATIONS? Collective bargaining is important because it promotes the rights and ideals of labor. 1/6 Right to life. Collective bargaining is a means of improving workers’ standard of living through just compensation and humane working conditions. Right to work. It guarantees security of tenure and employees promotion on the basis of seniority....
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...MQIKELA 2864231 10% 2.1 The Key unions in the Retail Industry a) Brief history since 1970 Saccawu is the largest union in the retail industry on the basis of the number of workers it represents. Saccawu (South African Catering and Commercial Workers Union) was founded in July 1975 at the beginning stages of the famous Durban Strikes. As an affiliate of Cosatu (Congress of South African Trade Unions) the union was first named Ccawusa (Catering and Commercial Allied Worker Union of South Africa) because of the African ring to the name, which was highlight of the commitment to serve the workers of Africa. Ccawusa was started under the support of the NUBW (white registered National Union of Distributive and Allied workers). Other Unions in the sector were predominantly white-male dominated, Ccawusa appointed Emma Mashini as the union’s first organiser. This was to send a message to the industry that Ccawusa aimed to oppose gender inequality and racial discriminations in the workplace. By 1977 Saccawu received its first recognition by Pick ‘n Pay and slowly introduced black cashiers. In 1981, the first industrial action against Allied Publishing took place to gain formal recognition for low salaries of street newspaper sellers. During the period 1990 to 1992 was a crucial period for the union in that 14000 workers on average went on strike in the retail sector, the biggest strike action since Saccawu’s inception. November 1990 a bargaining conference was held to highlight the...
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...INDUSTRIAL/LABOUR RELATIONS Meaning of Industrial Relations Means an Employer-employee relationships that are covered specifically under collective bargaining and industrial relation laws. It refers to all types of relationships between employer and employee, trade union and management, workers and union and between employee and employee. It also includes all sorts of relationships at both formal and informal levels in the organization. In broader sense industrial relations means all such relationships that a business enterprise maintains with various sections of society including employee, state, customers and public in industries contact. Parties in Industrial Relation Three main parties are directly involved in industrial relations: Employers: Employers possess certain rights vis-à-vis labors. They have the right to hire and fire them. Management can also affect workers’ interests by exercising their right to relocate, close or merge the factory or to introduce technological changes. Employees: Workers seek to improve the terms and conditions of their employment. They exchange views with management and voice their grievances. They also want to share decision making powers of management. Workers generally unite to form unions against the management and get support from these unions. Government: The central and state government influences and regulates industrial relations through laws, rules, agreements, awards of court and the like. It also includes third parties and labor...
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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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...Labor Law Outline – Prof. West, Spring 2002 Historical Background, Etc Employment at Will A. History 1. Started from master/servant relations 2. Illustrates basic American way 3. Doctrine developed in response to industrial revolution B. CA Common Law 1. One can end the employment relationship at any time for any reason a) Either party can terminate at any time C. Exceptions 1. Limited statutory exceptions to employment at will 2. Unions a) If in one, may only be fired for just cause under labor K Wrongful Discharge Cause of Actions A. Common Law 1. Can’t order reinstatement if employees are fired and they sue for breach of K 2. Reinstatement is a traditional remedy only under statute B. California Causes of Action 1. Generally a) Tort claims—get damages including emotional distress, punitive damages. 1) Can’t get those through breach of K 2) Easier to find a lawyer to take case under tort claims b) Whistle blowing 1) Under statute, must complain to a govm’t official, not just internally c) Affects private employees 1) Public employees can’t be deprived of their jobs without due process and just cause 2. Discharge in violation of public policy a) Employee can have tort action if fired in violation...
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...and recommendation will be stated in each article and combined together in conclusion. Literature Review Labour dispute can be related to theories of comparative industrial relation such as the impact on international labour standards, development and changes in unionism, collective and individual bargaining, and worker empowerment and conflict management. Impact on International Labour Standards (ILO), development and changes in unionism In order for collective bargaining to be successful, there are several conditions that needs to be fulfilled, there must be a freedom for both workers and employee to form their own associations to represent their interests, and stability of union must be maintained in order for collective bargaining to be effective, and for union to be able to honor the agreement. Thirdly, employer must recognize the presence of union, after recognition of union; collective bargaining then can be made (Anita Chan, 2002; David M. Trubek, 1997). Worker Empowerment and Conflict Management There are three union models according to Hyman 2001, market oriented unions where economic actors are in pursue of economic goals, class-oriented unions...
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...TRADE UNION MALAYSIAN AIRLINES MUST RESPECT TRADE UNION AND WORKER RIGHTS OVERVIEW OF THE ISSUE Malaysia Airlines (MAS), a government linked company continues to violate worker and trade union rights. Recently, MAS commenced disciplinary action against Mohd Akram bin Osman, the Secretary General of the National Union of Flight Attendants Malaysia (NUFAM), and 30 other NUFAM members. The show cause letter date on or about 14/2/2014 asked why disciplinary action should not be taken against them by reason of their participation in an ‘illegal’ gathering on 27/11/2013 at the Ministry of Human Resources in Putrajaya. The National Union of Flight Attendants Malaysia (NUFAM) is a registered trade union, and it had sought recognition from Malaysia Airlines, the employer of the some of its members. Recognition is a legal requirement in Malaysia before an employer can be compelled to sit down, negotiate and agree to a Collective Bargaining Agreement (CBA). When MAS rejected the application, the Director General of Industrial Relations (DGIR) conducted a secret ballot which involved all qualified employees, NUFAM succeeded in getting 62.73% of the votes, and thereafter on August 2013, the DGIR issued the formal letter acknowledging NUFAM as a recognized union. It must be noted that in Malaysian law, MAS, as employer, would had to agree on the list of qualified employees entitled to vote before the secret ballot, and as such challenging the result and the subsequent recognition...
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...collectively.” “Theoretically, the rationale for unionisation appears sound. However, in practice, ensuring the solidarity of workers and controlling the supply of labour is problematic.” (Finnemore, 2013). Based on the statements above, present a detailed discussion on trade unions. Your discussion should include reasons why employees join trade unions, goals on trade unions, trade union structure and organisational effectiveness and closed shop and agency shop agreements. Darryl John Iyaloo Human Resource Management 311 (BBA) 28 April 2016 ABSTRACT This paper provides a detailed discussion on the South African Trade Union Movement. Using the case study of The Marikana Fallout, this paper will attempt to unpack why employees join trade unions, goals of the trade unions, trade union structure and organisational effectiveness, closed shop and agency shop agreements. 1. Introduction 2. The South African Trade Union Movement: A Brief History 3. The Case of The Marikana Fallout 4. The Reasons Why Employees Join Trade Unions 5. Goals Of The Trade Unions 6. Trade Unions Structure and Organisational Effectiveness 7. Closed Shop and Agency Shop Agreements 8.1 Closed Shop Agreements 8.2 Agency Shop Agreements 8. Conclusion 9. References 1. Introduction As an upper middle-income country within Africa and the continent’s largest economy, South...
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...Labor Laws Name of the Student Class Date Abstract This paper describes provisions of major labor laws and their impact on the organizations and union management relationship. The major that have been discussed are The Railway Labor Act, The Norris-La Guardia Act, The Wagner Act, The Taft-Hartley Act and The Landrum-Griffin Act. The Unions Labors in the U.S. have been long struggled for gaining the strength as well as recognition. Many business managers have been viewed the unions as threat. After all, the major aim of the unions has to pressure the employers for raising the wages as well as improve the working conditions. Introduction The labor unions have been existed even in early days of United States republic. Such early unions had been the local crafted unions, consisting of just some members, who had been worked in similar crafted or skilled occupations. A way unions have been negotiated employment contract has known as the collective bargaining. In the collective bargaining, unions represent their members in the negotiations than having every worker individually negotiate with employer. Before Civil War, the unions were local, small as well as poorly organized. They had big trouble while persuading the employers for negotiating with the union representatives. Besides, the employers mostly directly dealt with every employee. Railway Labor Act The RLA (Railway Labor Act) had been enacted in the year 1926 as...
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