National Labour Relations Act - Research Proposal Example

? National Labour Relations Act National Labour Relations Act training proposal Introduction Issues of management of labour escalated to a worrying level resulting into factory takeovers, citywide strikes as well as violent and conflicts between the anti-union employers and the pro-union employees in the 1930’s. In 1935, The National Labour Relations Act (NLRA) was passed in United States of America congress. The Act guaranteed most public and private sector workers the right to organise and run representative unions. The NLRA offers protection for workers regarding their information and operations of collective representatives or labour unions. The entire issue of trade unions among employees in civilised states especially in United States of America has raised endless debate among professionals and other critical thinkers and scholars. Despite discussing on the role and the significant of trade unions among employees, scholars have as well researches on the factors that led to the formation and development of trade unions in United States of America and other developed and developing countries. The subsequent essay will therefore explore and analyse on the importance of trade unions in United States of America and other developed countries. The essay will as well provide a comprehensive research proposal that will seek to train employees and employers on the content the national labour relations act The labour unions are often recognised organisations and movements that are comprised of workers hailing from single industry, employed by a particular business and performing a single job to a specific profit making and non-profit making organization. Some of these unions are instrumental in granting employees a bargaining power to negotiate and agree on better and favourable terms and conditions of employment and remuneration. Compared to individual negotiation between an employee and employer, trade unions give employees and lower class organisation workers more agitation power and influence over their employers. The issue of forming, managing, and joining trade unions in United States have raised continuous debates among stakeholders from varying professional background Problem Statement It is the right of employees to become affiliates and active members of specific trade unions to voice their concerns, grievances, and front their interest and demands to their employees. Similarly, NLRA prohibits employers and managers from either suspending or dismissing their workers because of joining trade unions or because workers have engaged in trade unions strikes and demonstrations. During the epoch of the economic depression in United States of America, employers could recruit workers easily while employees found it difficult and challenging to secure another employment. Most workers were as a result less attentive and less interested in forming and in participating in unions’ strikes resulting to less than 10% of people becoming trade unions members by 1933. On the other hand, the NLRA provided the workers the rights and power of becoming members of trade unions thus enabling them to have a collective bargaining power with their bosses through preferred unions’ representatives. As a result, the United States of America constitution and the NLRA Act protected workers from exploitation or mistreatment by their employers. The introduction of NLRA therefore resulted in tremendous growth and development of trade unions membership in America and other developed countries such as United Kingdom (Sloane & Witney, 2010). Literature Review The NLRA Act offers and guarantee workers protection and right to form, join, and become members of labour unions in order to collectively bargain on matters regarding their working hours, wages, as well as working conditions. Trade unions as well offers avenue for negotiation and interaction between employers and employees. NLRA further prohibits employers from taking punitive and strick actions or measures against employees who wish to become and participate in union members’ activities. The NLRA Act as well restricts trade unions from taking discriminatory measures against employees who deem it suitable to avoid joining the existing trade unions. NLRAB is on the other hand the organisation that was formed as a result of NLRA. The body has the role and responsibility of overseeing action and activities of trade unions and employees. The NLRAB was on the other hand given the authority and mandate to administer and regulate the law and determine by means of voting whether employees wished to be presented by unions. The NLRB also controls and prohibits any unfair actions and practices that might be undertaken by unions’ members or employees (Sloane & Witney, 2010). The NLRA as well offers all employees’ right to decide on whether one want to become a member of trade union by either forming a union or becoming a member of the existing unions. The Act as well offers description on the type of support that should be given to labour unions in any legal means. The stipulated assistance and support may involve payment of dues and volunteering for all union-correlated duties. According to the NLRA, any violation of these provision amount to unfair labour practices that is punishable under the existing regulations. Union representatives and employees can file a complaint concerning any breach of contracts by employers. On the other hand, employers have the right to prosecute trade unions that breaches the existing contracts. At present, there are several filed complaints and documentation in NLRA website. The filed complaints are intended at supporting employees to file their grievances in court of law and perform formal business activities. The filed documents as well sets guidelines that should be observed and followed when organising labour unions as well as in electing representative in trade unions. According to NLRA, it is only elected representatives that are permitted to directly bargain with employers. On the other hand, members of trade unions are expected to air their grievances and frustrations to their trade representatives. In addition, as stipulated by NLRA, trade unions have an exclusive and sole right to represent workers (Holley, et al, 2012) Evaluation The NLRA is an American federal law that safeguards the rights of workers within public and private sector. Trade unions on the other hand, deliberates with employers on emerging issues at workplace, represent employees in decision making process, engages in collective bargaining along with taking parts in employees strikes. Despite taking part in employees’ trade unions are as well supposed to engage in other activities, that protects employers’ rights and demands. On the other hand, the NLRA established the NLRB that oversees elections in trade unions. In the situation of an election, NLRB awards the labour unions with the necessities for employers to participate in the collective bargaining process with the trade union. However, the Act does not cover workers who are under railway labour act, domestic workers, local and federal government employees, supervisors, agricultural employees, autonomous contractors and other employees who are in closely related working relations and individual bosses ( Gould, 2011) Summary Under NLRA provisions, the federal courts hold the perception that wildcat strikes are illegal and that employees should formally request an end to the exclusive association of bargaining process with unions of labours in the situation where the unions lacks sufficient support prior to legally going on a strike. The signing of the NLRA into law took place during President Roosevelt reign. NLRA fundamental principles encourage the procedure and practice of collective bargaining as well as through safeguarding the exercise by employees of full freedom of association, self-organisation. In addition, designating agents of their individual section with intention of negotiating the grounds and circumstances of their hiring and additional mutual assistance and protection is expounded in the Act (Sloane & Witney, 2010) The Fundamental Principles in National Labour Relations Act Safeguarding a broad range of actions, whether there is an involvement of the union or not for collective bargaining and promotion of the organisation operations and activities Protecting workers as a grouping and expressly because of an affiliation with a trade union There can only be one representative of exclusive bargaining for a department of workers Promoting the procedures and practice of collective bargaining Compelling employers to bargain with representatives of their employees Consenting to employees during wage discussion The NLRA also describes and outlaws the unfair labour procedures and activities. These outlaws existed before the introduction of NLRA, while other regulations were added later following the amendments to the legislation (Lewin & Golllan, 2012). The original unfair labour procedures of employers include: Restraining, coercing or interfering with the rights of employees as provided for under section 7. The rights comprise freedom of association, shared assistance or protection, right to form, join or assist a labour organization with collective bargaining for better wages. Adoption of improved working conditions through their preferred representatives as well as engaging in different safeguarded actions with or without a union is as well employees’ basic rights. Interfering with or dominating the administration or formation of all labour organizations Discriminating against workers in order to discourage or encourage performances and support for labour organisation Discriminating against workers who testify or files a charges Declining collective bargaining with the preferred representatives of employees Conclusion Based on the above evaluation, it is clear that, NLRA has played a very essential role in fighting for employees’ right. In addition, NLRA has as well generated harmony in modern working place. On the other hand, the NLRB oversees the procedures through which employees decide on their representation by labour organisation and prosecutes violations. The initiation of such processes occurs within the regional workplaces of NLRB. The enforcement of the NLRA is by the NLRB along with the board’s general counsel. Training on National Labour Relations Act Background In the 1930s, apprehensions between management of labour escalated to a worrying level, resulting to the factory takeovers, citywide strikes, and violent conflicts between the anti-union employers and the pro-union employees. In 1935, the National Labour Relations Act (NLRA) was voted for by Congress, which guaranteed most private sector workers the right to organize in representative unions. The NLRA provides protection for workers regarding their formation and operation of collective representatives or labour unions. The labour unions are often recognized organizations that are comprised of workers hailing from a single industry, performing a single job or employed by a particular business. These unions are instrumental in granting the employees a bargaining power to negotiate terms and conditions of employment. Through the unions, the employees are offered more power and greater influence over their employers as compared to when negotiating as individuals. The issues of unions in US are highly complicated concerning the employees joining trade unions. Training description Workers union have elicited endless debates from various legal professionals in the last few decades. Some employees are against the adoption of trade unions among workers. However, as described in the existing rules and regulations, workers have the right to be in trade unions that fits their interests. The training will therefore seek to educate employees and employers on some of the main concepts that are contained in National Labour Relations Act. The training will include offering lectures to the involved shareholders as well as conducting group discussions among employees and employers. The aim of the training is to ensure that both employees and employers abide by the set rules and regulations. The need to offering training is motivated by increasing confusion and conflicts among employees and employers on the implementation of National Labour Relations Act. The rationale behind the proposal is that, interaction between employees and employers in a training session will be very effective in bringing harmony between employees and employers. Timeframe By considering the nature of the issue of workers union in modern institutions, the training proposes to take a period of one week. Therefore, the training will start at 1st May 2013 and will end at 7th May 2013. The first three days will be used in offering lectures from various legal professionals while the final three days will be for group discussion and consultation. The final day will be set aside for any other business that may emerge after the training. The training is as well expected to take place at the Mississippi University main hall Course outline The training will training on the content that is contained in the Act. The law offers workers protection and the right to form, join, and become members of a labour union, to bargain collectively in matters concerning their working hours, wages, and working conditions and discuss issues of employment with unions or their co-workers. The training will offer training on some of the main restriction in the Act. The law further prohibits the employers from tasking punitive actions or measures against employees who wish to become union members. The law also restricts the union from taking discriminatory measures against employees who deem it suitable to avoid joining unions. The training will as well described some of the authorities that have the mandate of implementing the Act. The NLRA board was given the authority to administer the law and determine by means of voting whether the employees wished to be represented by unions as prohibit any unfair labour actions or practices, which are undertaken, by unions or employers (Sloane &Witney, 2010). The workers unions’ membership will as well be taught in the training sessions. The NLRA offers all employees the right debate on becoming members of a union, form a union or become members of an existing union. It also provides for any assistance to be rendered to the labour unions in any legal means, which involves payment of dues and volunteering for all union-correlated duties. According to the NLRA, any violation to these provisions amounts to unfair labour practices. The training will as well provide the procedure to be used in launching complaints. Union representatives and employees can file complaints concerning any contract breach exhibited by employers while the employers contain similar rights regarding the unions. There are several filing documents in the NLRA website, which it intends to use in aiding the employees to file their grievances, as well as performing of formal union business. The election procedure will as well be a min aspect of discussion in the training. It also sets forth the guidelines, which should be observed when organizing labor unions as well as electing representatives and bargaining with employers. It specifies that it is only the elected representatives who are permitted to directly bargain with the employers while the other members are required to air their grievances to their representatives. The unions contain an exclusive and sole right to represent the workers (Holley et al, 2012). The training therefore will seek to address all issues that are contained in National Labour Relations Act. The procedure that will be used will therefore be based on the participant’s agreement and arrangement Training objective The training aims at helping employers and employees from private and public sector to understand National Labour Relations Act. The understanding of National Labour Relations Act will therefore play a very essential role in reducing the unnecessary tensions and confusion experienced in modern institutions. The training will therefore educate employees about their rights to participate in trade unions. On the other hand, employers will be educated on the importance of allowing their employees to participate in their trade unions. Training output The short-term training aims at solving emerging problems in the relationship between employers and employees in modern organisation. Certificate of participation will be awarded to all participants Methodology The training intends to use both lecture method and group discussions method. The lecture session will include the utilisation of visual aid presentation. Handout will as well be distributed to participants. After lectures, the participants will be allowed to join their group for comprehensive discussion. Target group The proposed training targets employees and employers from various public and private institutions. Professionals who intend to be future employers are as well encouraged to participate in the training. Training costs Activity Cost Travel costs $ 1, 000 Accommodation $ 5, 000 Daily subsistence allowance $ 7, 000 Hiring trainees $ 4, 000 Documentation cost $ 1,000 Cost of training venue $ 2,000 Total $ 20, 000 Possible source of funding Donors - $7,000 Government- $ 10, 000 Trade unions - $ 3000 References Carrel M., R & Earvin, C., (2010). Labour relations and collective bargaining: Cases, practice and law. Upper Saddle River, NJ: Prentice Hall Gould, W. B. (2011). Bargaining with baseball: Labor relations in an age of prosperous turmoil.Jefferson, N.C: McFarland & Co. Holley W, H., Jennings, K.M & Wolters R. S. (2012). The labour relation process. Mason, OH: South-Western Cengage Learning Lewin, D., & Gollan, P.J. (2012). Advances in industrial and labour relations, vol. 20. Bingley, UK: Emerald Sloane, A. A., &Witney, F. (2010).Labor relations.Upper Saddle River, N.J: Prentice Hall. United States. (2007). National Labor Relations Board casehandling manual: Part 3. Washington, D.C: National Labor Relations Board. Read More