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Perspectives on industrial relations
The role of unions today
Industrial relations in modern era
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INTRODUCTION
BRIEF SUMMARY
The term 'Industrial Relations' denotes relationships between Management and workers in the industry. It has roots in the economic and social changes have occurred from time to time. Therefore, the term should not be restricted to mean merely the relations between the union and the management, but a vast complex of relationship between the union and themanagement, management and employers, union and employees and between employees themselves. However, the major parties to Industrial
Relations are the
- workers and the;
- management.
Both the parties have a common interest in industry, but many times they are found to be pulling indifferent directions, which lead to industrial UNREST. Therefore, it has becomenecessary to secure co-operation of both the parties to improve Industrial Relation, which is a pre-condition to growth and stability of industry.
According to Kelly (2012) industrial relations is
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The conflict of interest here arose when it was identified that the third party was not as neutral as would have been expected since he was part and puzzle of the government of Botswana. We then question his individual motives, was he there for the mining workers rights or was he pushing his own personal
The Strike
As defined in the trade disputes act section 2 “it is the cessation of work by a body of employees in any trade or industry acting in combination or under a common understanding or a concerted refusal or a refusal under a common understanding by such body of employees to continue to work”.
The union notified the employers by a 48 hours’ notice of intention to strike. The employers took the notice to the industrial court intending to have an interdict declared on the upcoming strike. The court sent them back with a rule of 10:10 new offer of negotiation. The employers brushed off the rule thus withdrawing the
David Brody argues that the rise of contractual or collective bargaining relationships during the post WWII era formalized the relationship between employers and unions, but simultaneously began to put a break on shop floor activism. Explain Brody’s argument and, where relevant, incorporate Weber’s theory of bureaucracy.
against their employers, employees were able to go on strike and prove a point. Some
The labor union movement over the years has shaped the way individuals work and live for both the nicest and unpleasant. Some would think the unions influence has created a power struggle between management and union leaders. In today’s time, some citizens insist the existence of unions are a must to aid in employee freedom, while others view the labor unions as just another problem in the line of progress. The purpose of labor unions was for employed workers to come together and collectively agree on fundamental workplace objectives. The rise of the union came about after the Civil War- responding to the industrial economy. Surprisingly at the least unions became popular within the 1930-50’s and began to slowly decrease, starting in the 1960’s on to today. Although, the popularity of labor unions has decreased, its importance remains to be evident with politics, journalism, auto, and the public education industries. The objective of this paper is to shine light upon labor unions, taking a closer look at the disputed issues of union ethics, concerns of union diversity, and the opposing viewpoints of labor unions.
Factories were known for their ill treatment of their employees, long hours and dirty and unsafe conditions. In 1866, unions started to form to improve working conditions for the workers. A fundamental problem faced by democratic societies is as long as people live their lives individually and go their separate ways and be selfish individuals, they are unlikely to meet collectively to resolve issues. There needs to be meaningful unity among people to alleviate this problem to get people obliged to one another, so there is a willingness to sacrifice for shared goals. Bonding of its citizens creates a democracy. Unions seemed to offer the middle class a chance to become a crucial part of fostering institutions of constitutional democracy. The unions have went through several transitions, but have always worked for the working force. I will discuss the history of the various unions, their wins and losses, and the struggle of the employee to achieve democracy in the workplace.
Since the 1990s the Supreme Court of India, bizarrely somersaulted the entire labor jurisprudence by introducing structural adjustment and disregarding workers rights. In T.K Rangarajan v. State of Tamil Nadu , in this per Incuriam decision the Supreme Court took away the right to strike from government employees, thus snatching the most powerful weapon of collective bargaining. Previously, labor jurisprudence of the Supreme Court was oriented towards protecting the rights of workers, and had held that right to collective bargaining is guaranteed to government employees. (Bangalore Water Supply v.
The no-strike clause is important to the employer, so that in the event of a dispute his business will continue to operate. The employer may bring suit against individual workers, brought under section 301, if the individual worker goes against the no strike clause, termination will be the most likely result. The employer may use arbitration, injunctions, award of damages, and termination, in dealing with the union who strikes illegally. The only reason a union should go against this clause is if they feel the workers are in danger (Employer Remedies For Breach Of No-Strike Clause,
A collective bargaining agreement collectively sets the terms on which an employer offers individual work contracts to each of its employees in the bargaining unit. A bargaining agreement, also herein referred to as a labour agreement, is a legally enforceable written commitment, which states the rights and duties of all parties involved. The labour agreement should be made in good faith and is intended to be observed and not violated. The National Labour Relations Act obligates employers and unions to bargain in good faith concerning terms and conditions of employment, including hours and wages. Like any normal contract, competent parties must enter into a labour agreement. However, a labour agreement is unique from other legal contracts in that there is no consideration involved and nothing tangible is exchanged. Many, but not all, unions require formal ratification of a new labour contract by a majority membership acceptance, which is determined through vote by the members. Until majority approval of those voting in a ratification election is received, the proposed labour contract is not final. While each labour agreement is unique to the needs of an organization and its employees, most agreements include five issues: (1) Management Rights, (2) Union Security, (3) Wages and Benefits, (4) Individual Security (Seniority) Rights, and (5) Dispute Resolution. Management Rights “Management” is the process of working with people and resources to accomplish organizational goals by making the best possible use of money, time, materials and people. The management process, when properly executed, involves a wide variety of activities including planning, organizing, directing and controlling. It is management’s role to perform all of these functions in order to maximize results.
(1999), strikes in Canada were substantially influenced by the labor policy. As similarly to the other countries, before a stoppage can occur in Canada, the parties also must apply for a conciliation. Then, a government will appointed a mediator to try helping the two sides reach an agreement in conciliation. Therefore, if conciliation is failed, a cooling-off period of about ten days follows which in this period the employees may remain at work and the parties can continue to negotiate. However, the employees and employers can start a legal stoppage once the cooling-off periods end (Craig,
Trade Unions is essentially pluralistic in outlook, it covers not only the relations between employer and employee, but also the relations between employers and unions and between them. TU theory, practice and institutions traditionally focus more on the collective aspect of relations. This is evident from the central place occupied by labour law, freedom of association, collective bargaining, the right to strike etc.
Conflict exists in every organization as a result of incompatible needs, goals, and objectives of two people while aligning to the overall business requirements. Though disagreement is linked with negative impact, the approach has healthy considerations (Leung, 2008). For instance, some conflicts create an avenue for the exchange of ideas and creativity to meet the set organizational purposes. However, damaging disagreement in organizations results in employee dissatisfaction, turnover, and poor services and reduced productivity. The paper establishes different types of interpersonal conflict and key resolution strategies used to address the problem. Human resource managers need to have the capacity to identify different levels of conflicts and the best methods to negate them.
The Marxist approach looks at industrial relations from a societal perspective. It views industrial relations as a small-scale version of a capitalist society. This approach surrounds itself with the assumption that industrial relations under capitalism are unavoidable, and thus would be a source of conflict. According to Marxist, industrial conflict is central to industrial relations, however actual altercations are uncommon. The approach also sees this as a form ...
The laws and regulations surrounding Industrial Relations since the 1900’s have, at each reform, placed tighter constraints on the amount of power unions are able to exert. The reforms have also radically increased managerial prerogative, through an increased use of individual bargaining, contracts and restrictions imposed on unions (Bray and Waring, 2006). Bray and W...
Traditional literature in the field of labor relations has focused immensely on its benefit towards the employer and in the process equating it to working rules. This has been so despite the field being expected to cover the process of, labor management, union formation, and collective bargain; all which are anticipated to create a positive employer-employee relationship. This relationship is said to be positive if there exist a balance between employment functions and the rights of the laborer. Also important to note, is that this relation is equally important to the public sector as it is to the private one. Therefore, to ensure a mutually conducive labor environment exists, effective labor management process and inclusive negotiation program should be adopted (Mulve 2006; Walton, 2008).
...04). The theory which in my opinion is the ‘best’ or most appropriate theory of industrial relations is the Pluralist theory. This theory has been in pole position in western societies for over thirty years. In today’s environment it is the most realistic theory as it assumes conflict is inevitable and recognizes that both employees and employers will have different objectives unlike the unitarist theories beliefs. It is now recognized that better managed industrial relations programmes and cooperation with trade unions can seriously impact on the prevention of disputes, increase productivity, quality and the motivation of workers within organisations and help to align employee objectives with the organisations objectives.
...tems Theory of Industrial Relations have played an important role not only in understanding but also in maintain better industrial relations today which can be related easily in today’s market.