Labor Relations
Question 1:
What are the major components of the John Dunlop model of an industrial relations system? Provide at least one specific example of how each component that you cite is implemented,characterized or embodied in the United States industrial relations system that we have studied to date.
The major components of John Dunlop Model of an industrial relations system are management organizations, government agencies, and workers. These principal components interact in the three industrial contexts which are the market, technologies, and distribution. It is the input of the three that make an organization successful (Lindberg 5).
Question 2
What was the major legal weapon used by management against the union movement from the beginning up through 1932? Why was the Norris-La Guardia Act necessary and what specific remedies did it provide?
The management used yellow-dog contracts and court injunctions as the primary weapons to restrict workers from joining unions up to 1932 when Norris-LaGuardia Act of 1932. Norris-LaGuardia Act imposed created strict procedures that limited the ability to impose injunctions towards strikes and enabled the judiciary to interact with the national labor systems. Nevertheless, it had less power since it was the first federal labor law that started the creation of organized labor and facilitated the victory of labor reforms (Society for Human Resource Management).
Question 3
One of the reasons for the passage of The Clayton Act was to improve the lot of the labor union. How did it attempt to do this? Was it successful?
The Clayton Act was passed to improve the Labour union through anti-trust laws such as anti-competitive price discrimination, enabled individual employees to sue and prohibited corporations from doing independent practices. It also allowed organization of union’s thus controlling wages (Rainey 195).
Question 4
The purpose of legislation in the industrial relations area is to ensure industrial democracy. How did the Taft-Hartley Act attempt to serve this purpose? [Specifically what were the changes (amendments) to the Wagner Act that were added by the Taft-Hartley Act?]
The Taft-Hartley Act enables industrial democracy through discontinuing the Federal Anti-Injunction Act of 1932. Allowed the president appoint a board that would investigate the labor disputes, declared closed shops as illegal, unions were allowed with a majority vote, forbid jurisdictional strikes and secondary boycotts. Also, it ended check-off system and forbidden the involved of unions in politics (National Labour Relations Board).
Question 5
You have been asked to develop a position paper on the subject of, “Why People Join Unions,” for presentation to a management meeting. It has also been suggested that you divide your list into Economic, Psycho-Social and Work-life Quality reasons.
People join labor unions for:
- Psycho-Social such as increased bargaining power and esteem.
- Work life quality such as efficient working and work democracy since employees are allowed to air their interests at the work place.
- Economic such as addressing the unemployment (National Labour Relations Board).
Question 6
Describe the procedure to be followed in the processing of an unfair labor practice complaint up through a U.S. Supreme Court decision.
The procedure followed by the U.S. Supreme Court Decision during unfair labor practice is as follows:
The process begins a charge while is taken to the regional director who, in turn, orders for an injunction and later investigation. After the survey, the regional director can decide to withdrawal by refusing the complaint or settle. Alternatively, the manager can take the case further by allowing the claim to answer about their complaints. This step leads to the injunction by the general counsel or also a withdrawal, refusal or settlement. Finally, it can also lead to hearing and decision by the administrative law judges through trial. Further, the court may result in dismissal, remedial order, and disposition. The dismissal and remedial order later lead to court review and enforcement (National Labour Relations Board).
Question 7
The signing of authorization cards by prospective union members is one of the initial steps in securing recognition of a union. As soon as the union has 30% of the members in the bargaining unit `signed up’ it can request a recognition election from the NLRB. Most good strategists advise that the union have at least 50% `signed up’. Comment on the wisdom of this advice in the light of your reading.
The good strategists insist that unions have a 50% signed up because the union needs more than 50% to vote for any union representation to win an election. The 30% gives the union a bargaining capacity and be allowed to conduct an election by the National Labour Relations Board (NLRB). Nevertheless, that does not guarantee their win during elections (National Labour Relations Board).
Question 8
Describe, in detail, the sequence of events in the formation of a union local from the initial `idea’ up to the point where collective bargaining would be required. Be sure to include, in your answer, a discussion of the various ways that you could secure recognition of your local union.
The sequence of events of union formation follows the following procedure; the first one identifies a target, determines interest, and sets an organizing committee and building interest through authorization cards. Later, the union maker seeks NLRB hearing, launches a campaign, holds an election, and evaluates results which decide whether or not the union has gained majority support (National Labour Relations Board).
Question 9
The categories of employees who are not protected under labor registration such as the Labor Management Relations Act (LMRA) are government agencies from the national banks and mail contractors. Others are the supervisors, managers, independent contractors, and agricultural employees. Evidently, LMRA deals with the private sectors, and while NLRB deals with the public sector, they must have court injunctions and decisions. Similarly, the National Labor Relations Act (NLRA) deals with the employees from the private sector and excludes even those under the Railway Labor Act.
Question 10
The consequences of refusal to bargain with a labor union are enforcement by the federal law court to bargain in good faith (National Labour Relations Board).
Question 11
The ‘Good Faith’ bargaining with the intent of Section 8(d) of the 1947 law is to agree to bargain in the first place and avoid any unnecessary behavior that suggests otherwise such as threats and pressure. Boulwarism lacked restrictions for the companies directly negotiating with the employees which led to unfair bargaining (National Labour Relations Board).
Question 12
The difference between economic strike, unfair labor practice strike, and jurisdictional strike;
The jurisdictional strikes can be unlawful or lawful depending on the things that have been declared legitimate by the NLRB. The consequences of jurisdictional strikes are severe on the defendant. Economic strikes occur as an economic concession such as an increase in the wage, better working conditions among the employees while the unfair labor practices strikes are carried out by employees who feel that their employer is unfair. While the employees in an economic strike can be discharged and not entitled to go back to jobs, the ones from an unfair practice strike are neither replaced nor discharged. Nevertheless, the NLRB has the authority to order the reinstatement of all strikers (National Labour Relations Board).
Question 13
The secondary boycotts are not legal since they are prohibited in LMRA and Taft-Hartley Act. The procedure is considered unfair as well as a downturn in not only the organization but the whole economy (National Labour Relations Board).
Question 14
The Labor Management Reporting and Disclosure Act (Landrum-Griffin Act) (1959) was needed because of corruption, racketeering amongst their misconducts. The Landrum-Griffin Act allowed the state labor relations boards and courts to work on cases rejected by NLRB, entirely prohibited the secondary boycotts and hot cargo agreements. Additionally, it allowed permanently replaced strikers to vote for one year, legalization of seven-day and pre-hire shop contracts, restricted the unlawful union strikes, repealed affidavits provisions of non-communists, and authorized NLRB to delegate its powers to regional directors. Finally, it guaranteed the union members rights.
Question 15
The benefits of unions are better wages such as the median weekly income for the Americans in Unions was declared $917 since 2010 while that of non-union workers remained $717. Another pro is more access to employment benefits such as entitlement to medical benefits. Apparently, 93% of the union workers are into medical benefits compared to 69% of non-unions workers. Contrary, there are adverse effects of unions which are union initiation fees and due. Notably, a person must pay $ 200 per year to be in a union. Also, these employees lack autonomy since a union member must sacrifice a job to belong to that group if it does not agree to the terms of the union (Keller).
Question 16
The local union bargains for all workers including the non-members through the following ramifications. The employee who is non-member lacks the voting rights in the union, however, since they are an employee then they are represented (National Labour Relations Board).
Question 17
Many unions negotiate a dues check-off provision as a part of their collective bargaining agreement. Discuss the advantages and disadvantages of a dues check-off clause from a management viewpoint.
The advantage of check-off provisions is the security for unions since the dues are deducted through the automatic payroll. Nevertheless, it is disadvantageous because even the non-union member employees are deducted the agency fees by the automated system (National Labour Relations Board).
Question 18
You are the industrial relations director for a company that employs 125 people in a bargaining unit represented by The Communications Workers of America (CWA). The first collective bargaining agreement between the union and the company expires in seven months. You have been asked to brief the executive council of the company on the steps the company should take in preparation for the collective bargaining process. Be sure to include sources of information in your answer.
The steps of preparing a collective bargaining process include preparation by choosing the representation team, discussion between the involved parties, giving of proposals, agreement concerning proposals, and finally agreeing on the best option Relations.
