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NBA Lockout - Research Paper Example

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The growing complexities of modern world transcend the need of precise conjunctional regulations because of the fact that the world as a whole is rapidly transforming itself into single unit protectorate. …
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NBA Lockout
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Download file to see previous pages In other words, globalization has altered the concept of business law and its application comprehensively in the light of internationally recognized rights and regulations. Such features of business law are covered by legislation enacted by central and state governments. Sources of Business Law; The subcategories of the sources of business law are derived from statutory law, case law, natural law, English mercantile law and the law of custom and usage. All the areas and functions of a business are enforceable under business law through regulations of contracts, bailment, agency, sales of goods, partnerships, companies, negotiable instruments, pollution control etc. Union have been the prime focus of government and private sector because of the power and rights allocated by them from law. The history have been marked by unfair practices and social discrimination towards labor force that was intended to be secured with the assistance of law in good perception The objective behind the permission to form Union was to form an equal powerful body of labor against the corporate organizations to secure the interest of both the concerns faithfully concerning the fact that an individual worker have no power and authority to bargain against unfavorable terms and conditions. The National Labor Relation Act; The National Labor Relation Act was passed in the year 1935 with the features that illustrates the rights of employees in relation to the establishment and functioning of Union that includes right to form Union and join Union, to bargain collectively with authorities through union and to engage in strikes for securing fair decisions. The purpose of the Act is to secure labor from being a victim of unfair practices and allocated certain rights to work with prestige through negotiations and bargaining. Union Issues; The types of issues that can be regarded as important pertaining to the nature and scope of Union activities are categorized below; Mandatory Issues; any issue that has been raised by either side is mandatory and the other party is bound to negotiate in good faith with honest efforts. The types of mandatory issues are usually working condition such as overtime, layoff, safety and security etc. Permissive Issues; this category encompasses issues that are not pressed to impasse and is only considered if both the parties are agreed on negotiation. The types of issues covered under the spectrum are the amount of dues to be paid to Union, Union related procedures and company’s product price related issues. Prohibited (illegal) issues; This category points over the issues that cannot be legally negotiated such as that of illegal discrimination in hiring and other union related technical agreement like close shop agreement or union security agreement. Types of Bargaining; The various types of bargaining involved in the procedure of negotiations are illustrated below for an over view. Distributive bargaining; This bargaining refers to the condition when there is a conflict of goal among the management and union. Integrative bargaining; This bargaining refers to the condition when there is no conflict of goal among the management and union, that is both the parties have common objective. Attitudinal Structuring; This bargaining refers to the condition when the objective is to impact the attitude of the other party. Intra organizational bargaining; This bargaining refers to the state when the objective is to resolve the conflict of the members of same side. Globalization and its impact on law of international business; International business today is an intertwined process that pervades nearly every ...Download file to see next pagesRead More
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