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Discuss the power of the american supreme court
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Since the enactment of the Wagner Act, there has been a dramatic change in the way employment is handled between managers and employees. Employees have been given more of a chance to decide what they want at work, and are able to negotiate with their employers. They have the opportunity to discuss wage, hours, over time, etc. Previously, employees had little to no say in decisions that were made regarding their employment and basically had to be “yes men” for the employers. It prevented employers from firing people in unions, as well as people who were sympathetic to unions. Retracting these laws that have been put into place would be an egregious error. They are there in order to protect employees, regardless of whether they are in a union or not. It has been amended several times in order to better protect employees. The act put a stop to many unfair labor practices started by employers. The Wagner Act deemed it “unfair” for managements to “interfere with, restrain, or coerce employees” in exercising their now legally sanctioned right of self-organization (Sloane, Whitney, pg. 87.) It also ensured that employers could not discriminate on an employee based on the employees’ union involvement, in regards to hiring and firing. It also forced employers to bargain with their employees’ representatives. In the past, many employers had simply ignored any union organization. The employers would simply ignore any rights put in place by unions, and even go so far as to fire union employees and union sympathizers. Employers would use spies to find out who was sympathetic to unions, and then circulate the names to other employers. These “blacklists” were used to fire employees and for other employers to decide whether or not a person ... ... middle of paper ... ...ce to protect employers and employees alike. The laws put in place insure that employees are given specific rights that the employers are not allowed to take away; if there is any question as to who is “right,” the NLRB steps in to help decide what is fair given the situation. Without these laws, there would be very little stability in the work place, and employees would be at the mercy of their employers with no one to step in and help them. There is no question that the laws have been put in place have greatly helped the labor cause, and removing them would be a poor choice for everyone involved. Works Cited Sloane, Arthur. Witney, Fred. Labor Relations. 13th Edition. Prentice Hall. 2007. Taft-Hartley Act. From the Encyclopedia for Business. 2nd Edition. Retrieved from http://www.referenceforbusiness.com/encyclopedia/Str-The/Taft-Hartley-Act.html
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.
In fact, the expenses were coming out of the rich class pockets and angered rich American families. Furthermore, the Wagner Act of 1935 caused problems in the relationship between the factory owners and government because business was not prepared to face all the new restrictions implied by the laws in this deal. It was argued that the “New Deal initiative to improve wage levels could not be successful if company unionism were permitted because an employee organization limited to a single employer deprived workers of critical information about national labor markets and business conditions and because employee representatives could never be wholly free to bargain with the employer who controlled their livelihood” (Cooper 861). However, it was also affecting the benefiters such as farmers who disliked being controlled and were forced to dismiss their corps to avoid the over production. In fact, droughts caused more tension in the agriculture sector due to the high regularity practices.
The Wagner Act was passed by senate in May of 1935, passed by the White House in June and officially made a law by President Roosevelt signing on July 5th 1935. The Wagner act affected trade, traffic and transportation workers. It enabled for a set of rules and regulations to be enforced between employer and employee to serve for better treatment of employees. Originally the government embodied hands off approach when it came to disputes between employer and employee only stepping in to mediate, but not fix. Yet under the signature of Roosevelt and the idea of Senator Wagner that all changed. Under the Wagner Act workers were allowed to create unions and obtain a voice in the workplace through protests. Employers were not allowed to interfere with the workers protests or formed unions. Under the Wagner Act employees were prohibited from mistreatment of workers i.e. overworking, underpaying, working in unsafe conditioned etc. They were also not allowed to be discriminatory toward employees who felt the need to file charges or testify against the employer. Under the Wagner Act employers were not allowed to try and restrain employees from their rights as well as persuade or interfere with them. Lastly The Wagner Act prohibited employers from refusing or unfairly collaborating or bargaining between the employer and the employee’s representative. The Wagner Act was a major step stone in establishing labor laws and fair treatment for workers and unions who often received little benefits or fair treatment, no protection or exploitation from employers in the form of interrogation, discipline, discharge, and blacklisted. Workers benefitted because they got better treatment and were more willing to work. The economy would also be more stabl...
Brody’s argument towards collective bargaining post WWII between employers and unions implemented the workplace rule of law. The collective bargaining agreements help resolve workplace disputes between employees and their employers along with a union organization (if present). Weber’s theory of bureaucratic authority is a rational authority where the rule is distributed and no one person is in charge. The workplace rule of law is a bureaucratic form of authority; throughout the hierarchical organization chart no one is in charge of making the decision instead, the rule is what guides the organization. For many workers in the 1940’s the increase in wages and their incentives drove them towards joining unions and striking for equality, “…postwar enthusiasm for incentives derived partly from effective union policing…” (Brody, 175) Industrial workers saw both a loss in wages in the late 1940 is compared to ten years later when they finally saw a better life for themselves; union contracts provided them a life towards the middle class. Previously employers would hire those within their family to be managers and hold positions higher up in the chain, which would take away chances from the employees when they try to move up from their current position, “The management of the office follows general rules, which are more or less stable…” (Weber, 198) Many emplo...
Union affiliation was first seen in the 1600’s when the roots of the United States were just being planted with skilled trade groups such as artisans, laborers, goldsmiths and printers. Over the next two hundred years, unions developed their desires for higher wages through the use of strikes and protests. The nation’s progress spurred the need for more labor and so began the Industrial Revolution. During the Revolution, many union members began to witness the power that employers had and as a result decided to make use of the concept of power in numbers. The National Labor Union formed in 1866 and worked to persuade congress to set a Federal eight-hour workday, which applied to government employees (Miller). Many large unions formed following in the NLU’s footsteps and uni...
Throughout the history of the United States of America the continuation of misfortunes for the workforce has aggravated people to their apex, eventually leading to the development of labor unions.
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...
Key events in the history of labor unions such as the Homestead Strike, Haymarket Square Riot, and Pullman Strike have largely impacted union memberships. The passing of federal laws have also impacted union memberships. Additionally, federal laws have been enacted throughout the years that protect both employers and employees. These laws along with the labor relations, technological advances and globalization have greatly helped shape Human Resources into what it is today.
Beginning in the late 1700’s and growing rapidly even today, labor unions form the backbone for the American workforce and continue to fight for the common interests of workers around the country. As we look at the history of these unions, we see powerful individuals such as Terrence Powderly, Samuel Gompers, and Eugene Debs rise up as leaders in a newfound movement that protected the rights of the common worker and ensured better wages, more reasonable hours, and safer working conditions for those people (History). The rise of these labor unions also warranted new legislation that would protect against child labor in factories and give health benefits to workers who were either retired or injured, but everyone was not on board with the idea of foundations working to protect the interests of the common worker. Conflict with their industries lead to many strikes across the country in the coal, steel, and railroad industries, and several of these would ultimately end up leading to bloodshed. However, the existence of labor unions in the United States and their influence on their respective industries still resonates today, and many of our modern ideals that we have today carry over from what these labor unions fought for during through the Industrial Revolution.
The paper will discuss minicases on ‘The White-Collar Union Organizer’ and ‘The Frustrated Labor Historians’ by Arthur A. Sloane and Fred Witney (2010), to understand the issues unions undergo in the marketplace. There is no predetermined statistical number reported of union memberships in this country. However, “the United Bureau of Labor Statistics (BLS) excludes almost 2 million U.S wages and salary employees, over half of whom are employed in the public sector, who are represented at their workplaces by a union but are not union members. Not being required to join a union as a condition of continued employment, these employees have for a variety of reasons chosen not to do so. Nor do the BLS estimates include union members who are currently unemployed” (Sloane & Witney, 2010, p.5). Given this important information, the examination of these minicases will provide answers to the problems unions face in organizational settings.
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).
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...
Likewise, industrial action gives the worker a line of protest against unfair hours or miserly wages. Theoretically, if taking industrial action was outlawed, the management could impose any terms and contract changes that they wished ...
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...
Labor relations emerged as response towards combating the economic unrest that accompanied the 1930 Great depression. At this period, massive unemployment, decreasing salary and wages, and over competition for jobs despite poor working conditions, was being experience; especially in the US. In turn employees were aggravated and therefore resorted to labor strike that often escalated to violence. To avoid such incident that could potentially harm further an ailing economy, the US government set precedent by passing their first related Labor relationship act, also referred to as the Wagner act. This act excluded public sector and some employees in the informal sector, farm workers to be specific. However, the progressive change in business and labor environment, necessitated changes in the labor laws to ensure they are more inclusive (Haywood & Sijtsma, 2000).