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Collective bargaining in the workplace
Employee monitoring and privacy in the workplace research paper
Collective bargaining in the workplace
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In the example provided, the main issue is the privacy of employees. The company has installed hidden surveillance cameras in a bathroom and the camera was found by an employee. The employer stated that it was placed there because the area had become a high theft area and they wanted to patrol the space in an effort to reduce the crime within the workplace. After further investigation, more cameras were located in the employees’ physical fitness room. The use of workplace surveillance videos are becoming more common, but the employees still have a right to privacy. “Courts have usually ruled in favor of employers using surveillance cameras, as long as the cameras are not placed in areas where employees do have an expectation of privacy” (Harty-Golder, …show more content…
NLRB (1979). In this case, “the Supreme Court indicated that mandatory subjects for collective bargaining included those issues which are “plainly germane to the ‘working environment’” and “not among those “managerial decisions, which lie at the core of entrepreneurial control’” (Peterson & Boller, 2005, p. 58). Also, “mandatory subjects of bargaining are meant to be discussed and negotiated among the employer and employee; some examples of these subjects are rates of pay, wages, hours of employment, or other conditions of employment” (McManemin, 1962, p. 985). The employees have a right to voice his/ her opinion about their working conditions to their employer and should be allowed to bargain in good faith with their employer. The NLRA stated in Section 8 that if an employer refused to bargain with the employees over any mandatory bargaining issue, that it was considered to be an unfair labor practice (McManemin, 1962). Therefore, the employees have a right, as stated in the NLRA, to bring forth issues that are affecting their work environment and the employer must show they are willing to listen and bargain collectively with the
(Cheeseman2013) In the National Labor Relation Board v Shop Rite Foods case some employees of Shop Rite Foods of Texas elected a worker union as a Bargaining agent for a collective bargaining agreement for over 3 months the agreement was still not settled. Then ShopRite began to notice a lot of it merchandise being damaged in the warehouse. They determined that the damage was being intentionally being caused by dissident employees as a pressure tactic to secure concessions from the company in the collective bargaining negotiations.
While the widely exposed and discussed trials of WorldCom's and Tyco's top executives were all over the media, one of the most interesting cases of securities fraud was happening without any public acknowledgement.
Facts: On October 3, 1974, Memphis Police Officers Hymon and Wright were dispatched to answer a “prowler inside call.” When the police arrived at the scene, a neighbor gestured to the house where she had heard glass breaking and that someone was breaking into the house. While one of the officer radioed that they were on the scene, the other officer went to the rear of the house hearing a door slam and saw someone run across the backyard. The suspect, Edward Garner stopped at a 6-feet-high fence at the edge of the yard and proceeded to climb the fence as the police officer called out “police, halt.” The police officer figured that if Garner made it over the fence he would get away and also “figured” that Garner was unarmed. Officer Hymon then shot him, hitting him in the back of the head. In using deadly force to prevent the escape of Garner, Hymon used the argument that actions were made under the authority of the Tennessee statute and pursuant to Police Department policy. Although the department’s policy was slightly more restrictive than the statute it still allowed the use of deadly force in cases of burglary. Garner’s fathers’ argument was made that his son was shot unconstitutionally because he was captured and shot possessing ten dollars that he had stolen and being unarmed showing no threat of danger to the officer. The incident was then reviewed by the Memphis Police Firearm’s Revie...
The National Labor Relations Act was proposed by the Democratic Senator Robert F. Wagner of New York in 1933 and enacted by Congress on July 5, 1935. The National Labor Relations Act (according to U-S-History.com “National Labor Relations Act”) “required employers to acknowledge labor unions that were favored by a majority of their work forces.” Essentially, the National Labor Relations Act established collective bargaining rights for employees, however there were certain limitations and regulations required. Viewed by some as the “Magna Carta of American labor”, others believe the implementation of this law may have been pushed along “to help stave off…potentially revolutionary…labor unrest” (“National Labor Relations Act”). Both Samuel Gompers and Bill Haywood are important figures in the labor movement, but I believe that they would have opposing viewpoints on the NLRA.
The Tennessee v. Garner case impacted law enforcement agencies today by utilizing the Fourth Amendment right of not using deadly force to prevent a suspect from fleeing unless the officer is in imminent danger of their life. Consequently, before this was set into place, an officer had the right to use deadly force on a fleeing suspect by all means.” The first time the Court dealt with the use of force was in Tennessee v. Garner, in Garner, a police officer used deadly force despite being "reasonably sure" that the suspect was an unarmed teenager "of slight build" who was running away from him” (Gross,2016). Whereas, with Graham v. Conner case was surrounded around excessive force which also has an impact on law enforcement agencies in today’s society as well. “All claims that law enforcement officers have used excessive force deadly or not in the course of an arrest, investigatory stop, or other “seizure” of s free citizen should be analyzed under the Fourth Amendment and its “reasonableness” standard” (Doerner,2016).
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.
Since the terms and conditions of employment is a broad subject, the NLRB has regulated what subjects are considered mandatory in the collective bargaining process. The court have also general upheld the issue of mandatory subjects in the collective bargaining process be as broad as possible. This allow each individual issue to a violation of unfair practices to be decided on a case by case basis. Employers must also agree to meet with the labor union at a reasonable time as part of its duty to bargain in good faith. If there is a non mandatory or permissive issue determined by the NLRA then employers can refuse to meet and negotiate with the labor about these subjects. Permissive subjects do not have to be in the labor union contract so refusal to negotiate will not be considered an unfair labor practice by management. The Supreme Court has narrow the criteria of whether or not the subject is mandatory or not. The first test is whether or not the issue is obviously significant to the work environment (Petersen & Boller,
Within a company, illegal practices can be seen by many as the “in thing” and the people working within that environment may not see what they are doing as morally wrong. The issue of the lack of media coverage of these types of crimes must also not be overlooked.
Privacy in the Workplace Introduction Technology has developed in leaps and bounds over the past few decades. The case is that the law always has difficulty keeping pace with new issues and technology and the few laws that are enacted are usually very general and obscure. The main topic of this paper is to address the effect of technology on privacy in the workplace. We have to have an understanding of privacy before trying to protect it. Based on the Gift of Fire, privacy has three pieces: freedom from intrusion, control of information about one's self, and freedom from surveillance.1 People's rights have always been protected by the constitution, such as the Fourth Amendment, which protects people from "unreasonable searches and seizures".
...n our US constitution, “the forth amendment protects citizens from unreasonable search and seizure by the government, both state and federal”(Thomas, 2008, page 122). If an employee finds out that he or she is being monitored with hidden camera, then he can sue Jean Fanuchi and claim with a case of invasion of privacy because privacy is a citizen’s right to have in any kind of workspace according to our constitution.
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.
Workplace privacy is one of the biggest issues facing businesses today. Do you feel like you are being watched all the time, all your e-mails being read, and every key stroke is being monitored by your boss? Some people feel this way and that is why privacy in the workplace is a problem with many businesses today. Employees feel like they are not being trusted, or feel the company invades on their personal privacy, or violates their fourth amendment rights. On the other hand many businesses have many federal and state laws to follow, and must keep their assets safe, and their employees. Technology makes communications of all sorts as easy as a few pushes of a button. This technology makes it easy for an employer to monitor an employee in almost any fashion, from e-mails to video surveillance. This will make it easy for an employee to abuse the technology the company lets the employee use. Employers need and have the right to monitor their employees to avoid legal liability, as a result of harassing of offensive communications, security concerns relating to intentional or accidental release of sensitive data, and for safety concerns for there employees and business assets. Employees give up their right to privacy as soon as they walk through the door.
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:
Collective bargaining by definition mean is the process “of good faith” that takes place between an organisation’s management and a trade union (representing the organisation’s employees) for negotiating:
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).