Under what circumstances may an employer whose employees are unionized bargain legally with individual employees? “The employer may address the grievances of individual employees as long as it is done in a manner consistent with the collective agreement and the union has been given an opportunity to be present at such adjustment (Cihon & Castagnera, 2013).” That provision raises the question of how far the employer can go in dealing with individuals rather than the union. The employer may not deal with an individual in a manner which would undercut the union’s position. In the case of professional athletes certain negotiations on salary are allowed even if they have collective agreements (Cihon & Castagnera, 2013). What is primary picketing? What is secondary picketing? What factors …show more content…
•What is the object of the union’s picketing? If the union is picketing at a secondary employer to force that employer to cease doing business with the primary employer, then it is illegal. But if the picketing is intended only to inform the public that the secondary employer handles the primary product, it is legal (Cihon & Castagnera, 2013).” What remedies are available to an employer against workers striking in violation of a no-strike clause? Against a union striking in violation of a no-strike clause? 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,
You cannot strike over a minor dispute, but you can strike and use self-help over a major dispute after they have used the negotiation and meditation procedures. Major disputes deal with matters affecting pay rates, working conditions, rules, and modifying the collective bargaining agreement. These types of disputes rely almost completely on collective bargaining to settle them. Minor disputes deal with grievances that grow out of the interpretation of the collective bargaining agreements. Self-help is not permitted for minor disputes, the National Railroad Board Adjustment have exclusive jurisdictions.
Tensions between union supporters and management began mounting in the years preceding the strike. In April of 1994, the International Union led a three-week strike against major tracking companies in the freight hauling industry in attempts to stop management from creating $9 per hour part-time positions. This would only foreshadow battles to come between management and union. Later, in 1995, teamsters mounted an unprecedented national union campaign in attempts to defeat the labor-management “cooperation” scheme that UPS management tried to establish in order to weaken the union before contract talks (Witt, Wilson). This strike was distinguished from other strikes of recent years in that it was an offensive strike, not a defensive one. It was a struggle in which the union was prepared, fought over issues which it defined, and one which relied overwhelmingly on the efforts of the members themselves (http://www.igc.org/dbacon/Strikes/07ups.htm).
The strike was generally non-violent. The majority of the strikers were reformist, ("revolutionary socialism", which believes that there must be a revolution to fundamentally change a society.) not radical. They wanted to amend the system, not destroy it and build a new one.
This strike involved the workers of General Motors and they were unhappy with how much they were getting payed in relation to how much profit General Motors was bringing in. They also were concerned with the notion of being fired with no warning and no help after they were layoff with no unemployment insurance. The workers that were still at the plants had no control over about of hours to be worked, or when the lines would speed up. With the workers at high tension they formed the Sit down strike (The 1937 Flint Sit- down Strike). The strike need to be this was for a few reasons, one, all the workers would not leave the building because if they held a normal strike then they would just all be fired and replaced with other people. Another reason was because although there was an early union that started in 1935, the United Automotive Workers (UAW), they are still a new union that did not have respect with he companies to negotiate with them. Also, by locking themselves inside with the machinery, the GM had to react in a peaceful way so that their machines would not be damaged(Rubenslein Ziewacz, 241). Another big step for Unions was on August 28, 1963. This was event was called the March on Washington and took place at our nations capital. Although many people now know the March on Washington to be about civil rights and freedom it was originally about Jobs and the rights of workers. My people gathered to hear Dr. King speak about freedom, but the Union officials were their as well supporting what they were fighting for as well (The 1937 Flint Sit- down
The chief organization of law governing collective bargaining is the National Labor Relations Act (NLRA). This entity unequivocally awards employees the privilege to collectively bargain and enter trade unions. The NLRA was initially sanctioned by Congress in 1935 under its authority to police interstate commerce. It pertains to most private non-agricultural laborers and employers involved in some facet of interstate...
Salaries has been regarded as the main reason for the strike. But there are still some of other concerns in the cause of strike. Such as large classes, lack of administration of the students’ behaviors, union rights, benefit and job security, and the evaluation of performance. All the factors were reasonable to result a strike.
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.
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,
They are appropriate in many situations to ensure the demands of the employees are properly addressed and potentially adhered to. Management and unions seek to avoid a strike. With an honest assessment of the internal resources and external forces that affect union strategy, the union should be able to identify concrete accomplishments that are within reach and those matters that would be nice but are probably unachievable (Missouri, 2015). An example is the NFL referees union that organized a strike in 2012. The strike materialized for two primary reasons. First, the referees were seeking benefits that they put at $16.5 million over the five years of a new contract (Mills, 2012). Secondly, the NFL felt as if they could use replacement referees until the referees union
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).
Their working conditions are very important. Strikes can be used efficiently and
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.
My first reason supporting the motion that workers should be allowed to strike is in order to bring to the fore poor safety conditions. For instance, in the nuclear power industry, any breaches of safety can have tragic consequences. If the employees are exposed to nuclear material, this could lead to serious illnesses such as cancer, leukaemia and radiation sickness. Radioactive material could also affect residents of the surrounding area, as in the case of the Chernobyl disaster. In the light of poor safety conditions, workers striking can be justified by the fact that the government and public would be informed.
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:
Trade unions and management therefore use collective bargaining as a dispute-resolution measure to settle grievances, preserve employee rights, negotiate wages and conditions of employment including benefits, as well as ensuring job safety and safe working conditions (Kadian-Baumeyer, 2015).