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History of employment and labor law
History of employment and labor law
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Right to work laws have been around since 1935. These laws are little tricky and require some research because the name has little to with the laws. Right to Work laws was first seen as the National Labor Relations Acts in 1935. This bill was signed and became law by President Franklin Roosevelt on July 5, 1935. This law established the National Relations Labor Board and addressed relations between unions and employers in the private sector ( ). This law was intended to guarantee employees the right to self- organization to form, join, or assist labor organizations to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or the other mutual aid …show more content…
They had to pay dues for monopolized representation that they did not vote for or have choice. This is unconstitutional and it takes away the individual’s right to choose. These individuals would also have to join the union even though they may not agree with the unions political or economical beliefs. The right to work laws stepped in on the behalf of the employees to say they had rights according to the U.S. constitution and their rights would be upheld. Right to work laws were necessary and needed they ensure that employees are not taking advantage by employers or by unions. Right to work laws places some power in the hands of the employee where it should be after all they are the ones being affected the most. If the employer is treating them unfairly they have a union they can count on to bargain and negotiate for them. If they feel they are being treated fairly by their employer they can choose not to be a part of the unions and not have to pay dues to get a service they don’t want in the first …show more content…
One reasons is minority rights and due process. This means that without right to work laws if an individual went to work for a company where the majority of the individuals were a part of a union this individual would be obligated to join the union as well. Thanks to right to work laws this is not case and this individual would have a choice. Without right to work there would be no freedom of association in non-right to work stated employees must financially support the union if the majority of a company is unionized. Under non-right to work states individuals are forced to join and pay dues to a union whether they want to or not as a condition of employment. This is not fair and should not be a requirement for employment. Another argument posed by those who support right to work laws state that outside of representation fees employees should not have to pay for any other expenses of the union. This includes political expenses all money that comes from union members should be used strictly for representation. There is another side of this argument. There are some who are against right to work
Unions are voluntary associations joined by workers. The Combination Act of 1800, which hindered the growth of unions, states that every workman's goal, who are entering into any combination should not be obtaining an advance of wages, or to lessen or alter the hours, or influencing any other to quit his work. Any workman who did so shall be committed to jail (Doc 1). Although the Combination Act of 1800 prevented the growth of unions, Ralph Chaplin believes that a worker should join the union. He states that there can be no power greater anywhere beneath the sun, but the unions, which makes it strong (Doc 2). Since there's so many workers working in bad conditions, the labor laws came to action.
...e general public was finally beginning to recognize that workers had the right to both organize and strike. The federal government was also taking note of the plight of factory workers. In 1895, the Supreme Court stated that it was charged with the duty of regulating interstate commerce (Doc. H). Overall, labor unions produced chain reactions that caused others to make strides toward equality within society.
against their employers, employees were able to go on strike and prove a point. Some
Unions have always been a pain in employers’ sides. From today to the 1910s, workers have tried to unionize for better conditions in their jobs. Today, people try to opt out of being in unions, avoiding the union’s dues but still reaping the rewards. That’s a long way away from what people experienced in the 1910s. During that time period, people were struggling to even be apart of a union. Some people would even risk their jobs to do it. In fact, the first worker’s strike was was during the the West Virginia Coal Wars. Coal Miners went on strike to advocate for better working conditions and better pay. At the helm was Mary Harris Jones, or Mother Jones as she was known. She fought for coal miner workers’ rights and helped them unionize by
Unions have an extensive history of standing up for workers. They have advocated rights of steelworkers, coal miners, clothing factory employees, teachers, health care workers, and many others. The labor movement is based on the idea that organized workers as a group have more power than individuals would have on their own. The key purpose of any union is to negotiate contracts, making sure workers are respected and fairly compensated for their work. “In theory” unions are democratic organizations, resulting in varying inner authority. Workers look for security within a job a...
Providing employees the right to select a union to act as their collective bargaining agent.
Why fight for justice? Justice has been a pressing issue for American citizens for years. These citizen’s rights include those which should be granted in the workplace. Labor unions have resulted from the mistreatment of employees and the unsafe or unfair working conditions, a very common occurrence during the Industrial Revolution. In an endless struggle for justice, organized labor unions fought, and continue to fight for rights deserved in working environments.
Have you ever wondered what life would have been like if labor unions never existed? Labor unions were originally formed to help improve the worker’s low wages, their horrible working conditions, and lower the hours they work a day. “ Unions are powerful by the power of members acting together, linking arms, figuratively and literally, taking a stand , and forcing their agenda on either their employers or political representatives” ( Asher 650).Unions are only powerful if everybody is working together, if one person does something wrong, the whole organization fails. Labor unions formed after the Civil War as a response to the modern Industrial Economy. Labor Unions impacted workers everywhere by helping increase wages, better working conditions, and better benefits.
The purpose of this paper is to analyze a specific, hypothetical employment situation encountered and to include the information regarding employment conflicts, questions, grievances, lawsuits, etc., in terms of how the situation was handled or resolved. Employment conflicts are a constant issue everyday in any organization; it is how you handle them both legally and professionally that counts.
With WWII on the horizon in the early 1940’s, Americans knew they must produce goods for the cause. Production was greatly needed and worker’s shoes needed to be filled. Labor Unions stepped up and proved to be extremely productive and fruitful. Although productivity was high, Union strikes began to brake out. Labor Union employees felt suppressed under the growing power of the unions and work stoppages were at an all time high in 1944. Acts such as the Taft-Hartley Act of 1947 and Landrum-Griffin Act of 1959 were passed to protect Union workers, however the corrupt unions had left employees feeling used and disrespected. The abusive reputation of unions still stands today as the public and employees find it hard to trust such massive corporations with dishonest pasts.
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.
The disadvantages of union membership are viewed from the employee and employer perspective. Through the employee lens, the disadvantages manifest in the form of fees, loss of autonomy, and less collaborative work environment. As part of the union, you surrender many of your individual rights in exchange for the organized results that can potentially manifest through the collective bargaining process. Therefore, there isn’t any assurance that your individual concern will even be addressed.
From the employees perspective there are many benefits as well as cons which are encompassed in the act of joining a union and maintaining such a relationship. The first of the benefits includes a somewhat increased amount of job security. In the case of a slip up, or an instance in which you may be dismissed or receive discipline, the union you are a party to will have the last say in whether this action is fair to you. This may protect you from unreasonable managers or some types of discrimination (Saez). However many types of discrimination is also covered by anti-discrimination statutes. One of the most commonly given reasons for being part of a union is the appeal of having a common bond between employees (Reader). Unions also promote a healthy, safe and friendly work environment. However this benefit is minor and redundant as much of OSHA covers this as well. Additionally, unions will bargain a contract for its members, which will generally be based upon the way that the union perceives the needs of its members (Saez). The problem with this is that it is extremely difficult for the union’s perception an employee’s individual needs to be accurate due to the union’s tendency to only. Among the items negotiated, wage is one of the most important. However minimal wage incre...
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).
The role of the government on industrial relations is very important as it sets the legal framework that industrial relations operates in. Appropriate industrial relations legislation should recognize the requirements of both employers and employee’s. Both the employee and the employer want to profit from each other but are also reliant on each other. This means that the equal bargaining power of employers and workers must be recognized (Peetz, David. 2006). Appropriate industrial relations laws should address any imbalance of power and give both groups an equal degree of control. Appropriate industrial relations should not only allow a mixture of both collective and individual bargaining but also facilitate employee participation in day to day workplace decisions. After all it’s the structure and framework of the employment relationship, which is governed by legislation that leads to good Industrial Relations.