Employment Law and Policy - Essay Example

Employment Law and Policy Labor Law The National Labor Relations Board (NLRB) has two major functions: (1) conducting and supervising the representative elections and (2) ruling over the employer and union unfair labor practices (Kaps, 1997, p.136). And, Section 8(a)(1) of the NLRA states that “ it shall be an unfair labor practice for an employer to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in 157 of this title (Cross & Miller, 2012, p.522). The Section 157 provides that employees shall have the right to engage in other concerted activities for the purpose of mutual protection or mutual aid (Secunda, 2009, p.510). The Health Care and Retirement Corporation (HCR) in the provided scenario does not look to violate the Section 8 (a) (1) of the NLRA by discharging the three nurses. On a number of occasions, the three nurses defied the codes of conduct. First, when they went to meet with Ms Young, they should have waited for the next meeting time as she did not deny addressing their issues. Instead of waiting, they began their journey to the headquarters. Second, while investigating the matters highlighted by the three nurses, Custer did not observe the similar discontent from the department heads that was portrayed by the three nurses; rather, the department heads supported Ms. Young. Third, the department heads informed about their reservations over the unprofessional conduct and behavior of the three nurses. Fourth, the Ms. Young also complained about the improper and lack of cooperation from the three nurses. Subsequent to that, when Custor asked each person at the meeting for the names of the people he or she thought responsible for the tension at the Heartland facility, a considerable number of counts highlighted the major involvement of the three nurses. More importantly, when in March, the HR Director Custor was announcing his decisions resolving the issue; defiance and resistance to change was personally felt by the Director that was largely contributed by the three nurses. In addition to that, in almost every organization, a code of conduct is established and the employees are required to support and follow the requirements of it. Mostly, a number of organizations emphasize its enforcement so that the smooth functioning of the organization must remain active and continue. However, the conduct of the three nurses did not respect the established code of conduct; rather, they went against it. And, the subsequent investigation proved and necessitated the employment termination of the three nurses. Impasses, Strikes, and Dispute Resolution The Mackay doctrine permits employers to hire permanent replacement workers for strikers (Hatton, 2011, p. 97). However, the United States also maintains that its laws guarantee the right of association and the right to strike and that the ‘Mackay doctrine’ must not violate the right to strike (Compa & Diamond, 1996, p.35). The inverse seniority step violates the sanctity of the Section 8(a) (1) of the NLRA. This Section maintains that any attempt by the employers shall be deemed as an unfair labor practice that interfere with, coerce or restrain employees in the exercise of their rights to join or assist labor organizations, or not to assist or join labor organizations. The inverse seniority option offered by the Child Care Services Inc. (CCSI) represents a clear act of interfering in the employee rights to assist or perform labor organization related activities and the inverse seniority would bring the replacements first for the most senior members; and, in the very first attempt of replacement, the main union members of the American Federation of State, County, and Municipal Employees (AFSCME) would be replaced in the case of strike; this action directly breaches the workers’ rights and puts additional pressure on them so that they should avoid exercising their legal rights for obtaining their objectives. On the other hand, Mackay doctrine permits the employers to hire replacement workers in the event of a strike; and, the inverse seniority option remains allowable as far as the Mackay’s doctrine is concerned. However, the subsequent to that, this doctrine resists violating the workers’ right to strike. Globalization The Section 7 of the NLRA elaborates employees right pertaining to labor organizations (Kaps, 1997, p. 32): The employees shall have freedom to form, join and/or assist labor organizations; and freedom to engage in concerted activity enhancing collective bargaining. In addition to that, the Section 8 accounts for the employer labor practices that were to be considered unfair: interference with employees’ right to self organization; attempts to contribute or dominate to the support of a labor organization or to form company unions to prevent the legitimate attempt by employees to select a representative of their choice (kaps, 1997, p. 32). Under the light of above sections of the NLRA, Acosta’s action clearly proves the presence of violation of the NLRA. Acosta is trying to subvert or influence the process of union elections, which is the basic employee right provided in the Sections of the NLRA; in addition to that, Acosta is unfavorably supporting the employer’s point of view by deterring the truck drivers from participating in the union elections and along with severe consequences if they voted the union in. subsequently, Acosta tries to give some incentives if they voted against the union; again, this tantamount to interfering with the employees in the exercise of their rights. Moreover, Acosta has threatened that he would badmouth Maria Meraz and Rogelio Delgado to other companies in the industry after receiving termination letters from the company. Both are not going against the rules and regulations provided by the NLRA, which gives them the right to work for the union elections and take necessary steps in order to complete the process of election. Both have come toward Acosta so that the union election must be held in a reasonable atmosphere and all the employees should be on board. But, Acosta misuses his position and authority; in which, he undermines the election efforts taken by Meraz and Delgado. The threats from Acosta are very severe in nature; the repercussions may terminate the career of both Meraz and Delgado. In addition to that, NLRB legally protects economic strikes and unfair labor practices strikes (Employee Strikes, n.d.). The analysis of Acosta’ sentences suggest that in the event of a trial, Acosta would not only be found guilty of violating the rules of NLRA, but the case of harassment may also be applied. As a result, Acosta may face trial and may be imprisoned for a few years over his misconduct and the violations of the NLRA. What Should Labor Relations Do? The employment history suggests that the employer always try to disfigure the unions. They carry out negative campaigns highlighting the negative role of unions towards the economic betterment of the organizations. By doing so, the employer try to pressurize the unions and the union members; and, the pressure is developed through threats of employment termination, demotion, zero chances of promotions; the possibility of salary decrease and so on. If these internal tactics fail to bring the required objectives, the employer jump into the market and use different unethical methods and propaganda so that the unions become fail to attain their inalienable and due rights. However, the unions represent the majority’s rights and they work to achieve them even if they are composed of the employees, they rarely go against the betterment of the organizations. To strengthen the capacities of worker’s and employers’ organizations in order to fulfill their respective responsibilities, the International Labor Organization has conducted individual and collective programs (International Labor Organization, 2012). These programs bring closer both employers’ and workers’ organizations and a constructive, long term and durable relationship between and among the labor unions and the organizations are achieved. The Pluralist theory is based on the notion that the work place is a microcosm of society replete with diversity, values and most importantly with conflicting interests (Dzimbiri, 2008, p.3). And, the pluralists presume that workers and managers have divergent interest in the capitalist societies, which have led to the formation of trade unions (Sivarethinamohman, 2010 p.102); and, the pluralists focusing on the immediate relationship between the unions and the management, attach significant weight to structures of the collective bargaining of terms of condition of employing and formal procedures for handling the issues of discipline and grievances (Sivarethinamohma, 2010 p.102). The pluralist industrial relation school of thought can observe the presence of significant value if the legitimate interests of any party either at an agreement or at a dispute, are not violated; the Labor Relations require a balance between the roles and responsibilities of both employer and employee; either of them must not be benefited at the cost of other. And, it would be only possible, if the provided rules in the NLRA are not only properly enforced but also supported in the event of a dispute. In this regard, labor unions, in the 21st century, must play their role by showing sincere intention towards the establishment of the Sections of the NLRA in their true spirit; subsequent to that, negotiation must be meaningful so that the objectives of the NLRA must be properly served. References Cross, F.B., and Miller, R.L., (2010). The Legal Environment of Business. (8th edn). Ohio: South-Western, Cengage Learning. Compa, L.A., and Diamond, S.E., (1996). Human Rights, Labor Rights, and International Trade. Pennsylvania: University of Pennsylvania Press. Dzimbiri, L. B. (2008). Industrial relations in a developing society: the Case of Colonial, Independent One-party and Multiparty Malawi. Gottingen: Cuvillier. Employee Strikes. (n.d.). Retrieved January 25, 2012, from http://www.referenceforbusiness.com/small/Di-Eq/Employee-Strikes.html Hatton, E., (2011). The Temp Economy: From Kelly Girls to Permatemps in Postwar America. Pennsylvania: Temple University Press. International Labor Organization, (2012). Workers and Employers Organization. Retrieved January 25, 2012, from http://www.ilo.org/suva/areas-of-work/workers-and-employers-organizations/lang--en/index.htm Kaps, R.W., (1997). Air Transport Labor Relations. Carbondale: Southern Illinois University. Secunda, P.M., (2009). The Solomon Amendment, Expressive Associations, and Public Employment. In. Retaliation and Whistleblowers: Proceedings of the New York University’s 60th Annual Conference on Labor Retaliation and Whistle-Blowers. (pp. 557-600). The Netherlands: Kluwer Law International. Sivarethinamohan, R., (2010). Industrial Relations and Labor Welfare: Text and Cases. New Delhi: PHI Learning. Read More