Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Collective bargaining past, present and future in the united states
Collective bargaining in the labour market
Chapter 14 collective bargaining and labor relations
Don’t take our word for it - see why 10 million students trust us with their essay needs.
As noted by Harry Katz in his book, An Introduction to U.S. Collective Bargaining and Industrial Relations, one of the important aspects of collective bargaining in the United States stems from the central principle of grievance and arbitration. Not only does the grievance and arbitration process serve a fundamental mechanism in resolving conflicts that arise at the workplace, the process is also a key feature in maintaining effective industrial relations. During the grievance process, employees are entitled to challenge managerial actions that they feel violate their contract rights and unions are given protection for their members from arbitrary discipline, discharge, or denial of benefits. The movie, Proof of Matter, outlined the series …show more content…
Not only is it one of the few ways to protect workplace fairness and due process, it is also an effective way balancing power and resolving workplace conflict. Without the grievance process, employers can make authoritative and discriminatory decisions that harm the livelihood of their workers. Through watching the case, I received a first-hand perspective, which helped me understand the underlying reasons behind the need for a grievance process. For example, Rick Avalos and Commuter Airlines have total control over rules and regulations in the workplace. Even though Avalos did not conduct a fair investigation and expressed bias toward Daniels, he still had the power to discharge and discipline him for a minor offence. Through the grievance procedure, workers like Daniels have a fair opportunity to voice their perspective of the situation, which was not typically offered them in the workplace. However, both sides exhibited signs of hostility towards each other, which clouded the situation. The grievance process and a neutral arbitrator brought clarity and fairness into the investigation. Since the arbitrator is a third party, the union and employer can trust him to act without preexisting assumptions in instituting industrial justice. Therefore, I found that the grievance process also helped to check the power of the employer and served as an outlet for unions to challenge existing authorities and workplace rules. However, I also found the process to be highly complex and subject to the experience, skills, and impartiality of the arbitrator. Furthermore, the process slows and hinders managerial authority and the decision making process because of the various time-consuming checks and balances. When employers are going through the grievance process, they can lose money and surrender potential profit because they have to hire a
To conclude this analysis on the basis of the labor’s extensive history, Sloane & Witney (2010) propose, “it is entirely possible that labor’s remarkable staying power has been because of the simple fact that to many workers, from the nineteenth century to the present, there really has been no acceptable substitute for collective bargaining as a means of maintaining and improving employment conditions” (p.80). In the end, it is important to anticipate unions and employers presently work together to find solutions that will enhance collective bargaining strategies and practices to serve the interest of both parties.
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.
Magic Carpet Airlines (MCA) is in the midst of a collective bargaining negotiation with a union and this paper will present the case from the union’s side of the bargaining table. First, one must understand the meaning of collective bargaining negotiations; this is when both sides of the negotiations discuss wages and others perks and then come to an amicable agreement. Collective bargaining is not a simple negotiation process, because the employer and the union usually meet on more than one occasion, due to the fact that union negotiators must keep their members informed during the process and they must also present any offers to their constituents for a yes or no vote to accept said terms being offered by the employer. The textbook offered the Magic Carpet collective bargaining as a case study and students were asked to analyze the issues being negotiated, determine ways
Holley, Jr., W., Jennings, K. & Wolters, R. (2012). The labor relations process. (10th ed.). Fort
The process of collective bargaining is where the labor union and the organization’s management negotiate their workplace differences in order to promote a positive working relationship ( Holley, Wolters & Ross, 2012). Both side have to go into the negotiations with the goal of having a positive and productive outcome of the bargaining process. If this is always goals then when future issues come up that have to be decided both side have a positive attitude and not on the defensive if there is a new labor dispute. The NLRA makes it a requirement for an employee to participate in the collective bargaining process with the labor union (McManemin, 1962). Both parties in the negotiation process have a duty negotiate employee salaries, work hours
Labor unions were established as a way for workers’ needs and grievances to be heard by management. According to Fossum (2012), “forming a union creates a collective voice to influence change at work” (p. 7). The collective voice of workers in a union holds much more power than any single employee’s voice. It can loudly draw attention to mistreatment or abuse of workers. The organized collective voice of workers demands to be treated in a fair way by its management in terms of wages, hours, benefits, and working conditions.
Instructively, it behooves to set the premise on the background of the industrial relation system in the within the territorial jurisdiction of the Federation of Australia. Pursuant to section 51 under the Australian Constitution, the Federal Government has the powers to legislate with regard to conciliation as well as arbitration with a view to prevent and settle industrial disputes that step out of the confines of any given state (Fleming, 2004). Previously, the Conciliation and Arbitration Act of1904 had been the relevant Act in this respect, and it provided for the existence of trade unions and instituted the Commonwealth Conciliation and Arbitration Act Court (Fleming, 2004). The commonwealth Court lost powers to the Commonwealth Conciliation and Arbitration Commission in 1956; subsequently, it was renamed to the Australian Industrial Relations Commission (AIRC) which serves to resolve dis...
In dealing with a person’s livelihood, and often, sense of self, it is of no surprise that ethical issues regarding employment practices are of great concern. The issues of employment at will and due process contracts in the workplace are among the most widely contentious in the realm of employment. Employment at will is the doctrine that employment may be ended, by either party, for good, bad or no cause at all.1 Due process, on the other hand, is the employment practice in which a person may appeal a decision as a means of receiving an explanation and the opportunity to argue against it.2 Employment at will is the standard in the majority of private corporations today and is argued for relentlessly by freedom of contract enthusiasts, however, it is becoming ever more apparent that employment at will contracts reflect the old corporate maxim where the single bottom line, profit, is accented and the well being of other stakeholders, in this case the employee, are of little or no influence. Due process should be accepted as the prevalent employment system as it shelters employees from the hostile actions of the more powerful employer, provides a stable, bilateral contract between both parties and portrays the growing ethical concerns of society.
This paper will focus on one particular agency, the National Labor Relations Board (NLRB). The NRLB was created by the 1935 National Labor Relations Act, also known as the Wagner Act. Besides creating the NLRB, the Act also provides three other key provisions:
The employees were having issues and company intermingling had proven to not change without an intervention unless the workers take things into their own hands. Acknowledgements to some valiant employees, where a union was discussed and the idea came to life (Featherstone, 2012).
... with the aggrieved worker and representative meeting with the supervisor involved, followed by an appeal system with strict time limits and ultimately ending in binding arbitration. When management and the union cannot resolve a grievance submitted by a union, the union must decide whether to proceed to the final step of the grievance procedure: arbitration. Arbitration is an adversary proceeding like a trial in court. An arbitrator’s function is usually to interpret the collective bargaining agreement between the parties, not to apply his or her standards of what is right in a given situation. The courts have sought to compel labour and management to a peaceful resolution of grievances through arbitration. The Supreme Court has given support to the arbitration process in a series of decisions, and judicial deferral to arbitration has become a basic tenet of national labour policy.
Gies, T. P., & Bagley, A. W. (2013). Mandatory arbitration of employment disputes: What's new and what's next?. Employee Relations Law Journal, 39(3), 22-33.
Work plays an important role in our daily life, it is considered much more huge part of our personal life. During our daily work we make many relationships throughout our career history. Sometimes these relationships become lasting, and sometimes employment discrimination might happen. This relationships that we thought it last could be cut off by the devastation of claims of discriminatory treatment. Discrimination in the workforce has been an issue since the first people of workers in United States in the present day and as well in the past. Some employees were subjected to a harsh working conditions, verbal abuse, denial of advancement,, and many other injustices. There was also the fact that certain employees were being treated differently than other employees.
Harassment and discrimination can affect a business in many ways. Having a history of harassment and discrimination claims can damage a business’ reputation and affect its bottom line. It can cost the business current and future clients as well as investors and employees. Depending on the gravity of the claim(s), the process of settling the claim(s) can take anywhere from months to years. Meanwhile, the cost of the settlement and other fees continue to add up. A business might have to compensate the affected parties besides paying court fees and lawyers. The EEOC has seen a rise in monetary rewards from 7.5 million to 24.3 million (Glazer, 1996) However, all of these can be avoided by properly educating employers and employees about their rights and what harassment and discrimination entails.
Holley, William H, Kenneth M. Jennings, and Roger S. Wolters. The Labor Relations Process. Mason, OH: South-Western Cengage Learning, 2012. Print.