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Different aspects of employment law
Different aspects of employment law
Labor relations from past to present
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Introduction:
The labour relations is termed as the relation between the employees and employers. In other words it is the labour relation laws that brings flexibility to the labour markets in other hand balancing or fulfilling the needs of employers and employees. Though the balanced labour laws are critical in creating and running(maintaining) and environment the encourages production economic growth.
The labour relation have an affect with the following factors.
Labour organization.
Labour market.
Government policy.
Structure of economy.
Labour law.
Technological change.
Labour Relations are commonly linked up with the unions. Until 1970’s the majority of the unions and their members are from the American based unions. Sometimes in the earlier ,the relations of the labour in Canada have the effects of the strikes which directly had an impact to the studies which gave rise to the violence and illegality rising out the labour disputes were high. With this it is the recent development of the large scale mass unionization. Which included the violent opposition of the employers to the unions. The structure of the labour organization is highly decentralized. There was an absence of strong or the having the dominant party which fails to acquire the power or plan at the central.
A process through which union leaders and management personnel negotiate common terms and conditions of employment union power is achieved through group action enabled by the collective bargaining process. In spite of all this, however the Canada have their different plans that from the US in all the key aspects. It undergone a rapid industrialization and union growths.
The relative strength of organized labour in Canada also have affected by...
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... the issue not solved than it will be moving to the jurisdiction of board to the decision.
Conclusion:
Canadian labour relations strategy requires a new pattern styles to adjust to the realities of labour in the twenty first century. Governments should focus on rapid growth in between trade unions, not on expensive and unwanted process. A strategy focused on competition recognizes the proper limit and role of government and unions, make unions and are responsible for the innovative developments for the labour organization and their drives in to company growth.
I conclude that the unions in Canadian provinces generally stay back the US equivalent in the level of molding easily according to their citizens by labour relation laws. which in fact that is the great benefit to citizens. so the Canadians provinces should have a balanced and less dictorial labour laws.
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.
How were revolutionary industrial unionists in Winnipeg influenced to strike in 1919? All Canadians have heard of the Winnipeg General Strike, and many have studied its influences. Coming immediately after the First World War, yet coming before the Great Depression hit, many wonder why Winnipeg workers took up arms when they did? In truth, the strikers were primarily industrial unionists who wanted a revolution. The strikers were aiming for a major difference in the government. Now, to the non-Canadian, Canada has always seemed perfectly calm and neutral. Many would go as far as wondering how Canada could ever have any problems. Therefore, hardly anybody knows of the 1919 Winnipeg General Strike, let alone what caused the strike. Simply put, revolutionary industrial unionists within Canada were influenced to strike by Canada’s involvement in the First World War, the quick and incredible success of Russia’s revolution in 1917, and inflation within the country.
Tentative Thesis: I plan to argue that the transition from the Keynesian based unemployment insurance to the neoliberal employment insurance has had a negative impact on workers in Canada.
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.
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.
The basis of today’s opposition’s argument is that unions have outgrown their usefulness and can be harmful to American businesses and the economy as a whole. The opposition’s argument has some merit and supporting evidence albeit with personal and political bias.
The Canadian employment law system consists of three regimes: common law, employment regulation, and collective bargaining agreement (CBA). From these regimes, the common law of employment is one that was created by Judges over centuries in order to regulate the employer-employee relationship. Judges, from lower level to upper level courts have used employment contracts and torts, two tools available to them under the common law system to aid in decision-making with respect to employment law cases. The decisions of which have been recorded and used as a precedent in future employment law cases of the same nature. When considering the common law of employment from the three listed regimes, I relate to speaker two while disagreeing with speaker one. Although, the common law of employment has historically excluded protections covered by the employment legislation and CBA, which has made it appear to favor the economic interests of employers more than employees, it has not completely put employees at a disadvantage because, it has protected them and their interests in other significant a...
Willman, P. (2004) 'Structuring Unions: The Administrative Rationality of Collective Action' in Kelly, J .and Willman, P. (eds.) Union Organisation and Activity, pp. 73-89 London: Routledge.
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.
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).
Collective bargaining is the process in which employers and unions undergo a series of negotiations that include terms and typical of collective bargaining where both parties concur to conditions of employment. These conditions may include wages, hours, and working conditions (Budd 229).
Industrial Relations is a multidisciplinary field dealing with the study of employment relationship in union and non-union organizations. There have been various theories of industrial relations in place, but the first and most influential theory was put forward by John Thomas Dunlop. Dunlop, as a labor economist, remodelled the work of sociologists and developed a framework of industrial relations system. He developed the System’s Theory which stressed on the interrelationship of institutions and behaviors that enables one to understand and explain industrial relation rules.
There are many different approaches and theories regarding industrial relations nowadays. In order to mount an opinion on which is the ‘best’ or most appropriate theory of industrial relations, each theory will have to be analyzed. The three most prevalent theories of industrial relations which exist are The Unitarist theory, The Pluralist theory and The Marxist theory. Each offers a particular perception of workplace relations and will therefore interpret such events as workplace conflict, the role of trade unions and job regulation very differently. I will examine each of these theories in turn and then formulate my own opinion regarding which is the ‘best’ or most appropriate theory.
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.