Collective bargaining in the private sector is more common, the public sectors are usually run by the state, and have their own laws (Varone, 2012). Public employees have no constitutional right to bargain collectively. There are only a few states that have it in their state constitution (Varone, 2012). Collective bargaining for public sector is probably run by ordinances, statutes, and executive order. When dealing with the civil service it is usually straight across the board, the International Association of Firefighters is the main advocate for firefighters (Varone, 2012). In the public sector when dealing with collective bargaining they are restricted on what they can do. A lot of states and municipalities have the people vote for collective bargaining rights and what it entails.
Collective bargaining in Texas is governed by the local government and is a policy for the state. A political subdivision provides its fire fighters and police officers with compensation and other conditions of employment that are substantially the same as compensation and conditions of employment prevailing in comparable private sector employment. Firefighters, like employees in the private sector, have the right to organize for collective bargaining; it is believed that collective bargaining is a fair and practical method for determining compensation and other conditions of employment. Denying firefighters the right to organize and bargain collectively could lead to injuring even though strike, and slowdowns are prohibited the moral and work ethic of the firefighters could plummet and then in return could hurt the health, safety, and welfare of the public.
When dealing with strikes and slowdowns it is illegal for public employees to part...
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...use Comp. time instead of cash wages for overtime must be paid at the appropriate overtime rate which is time and one half. Employees should be able to use their comp. time at any time with reasonable notice. An employer may not deny an employee from using accrued comp. time unless the time off would cause hardship in operations (Chamberlain, 2003).
8. Moonlighting, Dual employment - Employees may not volunteer to do the same or similar work for the same employer without the time being counted as work time. If the employee has two jobs with the same employer the hours will be totaled. Employees are allowed to moonlight, which means working for another employer (Chamberlain, 2003).
This is set to help us, some states, cities, municipalities, ordinances or orders can be different but has to be announced before hire that way there are no surprises when getting hired.
Yes, I have experience in interpreting and applying negotiated employee-management agreements. As a Supervisory CBP Officer I have interpreted the current National Collective Bargaining Agreement between CBP and NTEU. I have also been involved with the Bid and Rotation selection committee and have served as a Training Supervisor and certified Field Training Officer; both positions have been required to interpret national and local employee and management agreements regarding placement of officers and trainee officers.
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.
In general, “Collective-bargaining refers to the continuous process in which representatives of the employer (government) and employees (the union) meet jointly to establish the terms and conditions of employment for workers in a bargaining unit.” (Kearney 2009, 88) Bothe parties should meet and confer in good faith. To start the collective bargaining process, both parties shall review the previous contract to set an agenda of the important things need to be negotiated, take an initial position and set proposals. (Kearney 2009, 116)
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
During our class labor negotiation my team was on the union side of the negotiation. When making our decisions about each topic we looked at what the union side wanted and what the management side wanted. My team decided that it was best to shoot high and if the management side did not like this then we would aim to at least get the market average. My team pretty much agreed on everything. Lorenzo and David were our chief negotiator and
A question that has frequently been ask over the years is, " Why should we care about collective bargaining? ". The thing that has been missing from the collective bargaining discussion is a real explanation and understanding of the concept. Collective bargaining has been described as a process when employees and their representatives form a united front, known as a union, to negotiate with their employers. These negotiations are usually over things like pay rates and salary amounts, benefits, and conditions at the workplace , among other issues. The principles of collective bargaining and unions come from the idea that employees as a group have far more bargaining power than individual employees trying to negotiate with their employer. Since collective bargaining has a basis in collaboration it is considered a very democratic process. The members of the employee union choose the issues to be bargained over and vote on if the agree to the contract proposed by their representatives and management.
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
Providing employees the right to select a union to act as their collective bargaining agent.
Throughout American history, labor unions have served to facilitate mediation between workers and employers. Workers seek to negotiate with employers for more control over their labor and its fruits. “A labor union can best be defined as an organization that exists for the purpose of representing its members to their employers regarding wages and terms and conditions of employment” (Hunter). Labor unions’ principal objectives are to increase wages, shorten work days, achieve greater benefits, and improve working conditions. Despite these goals, the early years of union formation were characterized by difficulties (Hunter).
...t be at least minimum wage. The employer is required to pay the employee his overtime pay on the regular payday for the pay period in which the wages were received. An agreement made by an employee and employer does not wave overtime pay. It is also against FLSA compliance for an agreement to be made that 8 hours in a 40 hour work week will count as working time.
Unions traditionally were “a continuous association of wage earners for the purpose of maintaining or improving the condition of their employment” (Webb & Webb, 1894, as cited in Bryson, 2011b, slide 7). Their function was to campaign for compassionate management procedures, equivalent bargaining power between employers and employees, and for fairness and democracy to be initiated into the workplace (Bryson, 2011a). Union activity at this time tended to focus on nationwide bargaining for industrial groups (Geare, 1983, as cited in Haynes, 2005), with their role seen as wage bargainers and in...
Contingent workers have long been employed to fill seasonal jobs, to complete specialized projects, and to fill in for employees on leave. When business is cyclical, companies hire temporary employees during their busy season, such as summer vacation, the winter holidays, harvest time, and tax season. Temporary staffing firms emerged in the 1960s, primarily to supply clerical and secretarial jobs (Rassuli, 2005). Some companies hire temporary help to protect regular employees from overextending themselves. Some projects require workers with a specific skill set which may not be needed the rest of the time. In this case, an organization relies a on contractor or freelancer to complete the project. Contingent workers often provide immediate temporary replacement for employees on vacation or leave (Paul & Townsend, 1998). Agencies such as Robert Half may supply companies with contingent workers with as little as a few hours notice (M. Kelley, personal communication, December 12, 2013).
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.
Management and Collective Bargain Process in the Public Sector, Using the events in Alameda City. Public Sector Administration Journal, 18, 120-178.
Collective bargaining may happen in several kinds of fields, ranging politics to sports. It allows appropriate settlement of disputes and issues that benefit both parties involved, producing a result that is not one-sided. Collective bargaining is “the negotiation of wages and other conditions of employment by an organized body of employees” (Beal, Wickersham, & Kienast 5). Four issues that are probable components of a collective bargaining agreement are: