Labour Relations, Union Membership, and Contract Negotiation - Term Paper Example

Labour Relations, Union Membership, and Contract Negotiation Introduction In United States (U.S), it is the role and responsibility of the Department of Labor to enforce laws related to labor management. These labor management laws cover the regulation procedures that employees and employers in the U.S are supposed to adhere to. Currently, there are about more than 10 million employers and around 125 million employees in the U.S that are guided by these labor relations and management relations laws (Max, 2013). In addition, these labor management relations of today are quite different from the ones used 50 years ago. Besides, there are also some important legislative issues and laws that govern these labor relations in the U.S (Lewin, Keefe & Kochan, 2012). Therefore, this paper will discuss and analyze some of the labor relations in the U.S in contemporary society as compared to those that were administered in 50 years ago (Kuang & Moser, 2011). Again, the paper will address some of the legislative issues and laws that govern labor relations in the U.S. Furthermore, the paper will discuss the causes of declining union membership in U.S and the reasons that have led to decline in union membership (Flanagan, 2005). Lastly, the paper will address contract negotiation process and give important facts about contract negotiation process (Summary of the Major Laws of the Department of Labor, 2012). Labor Relations To begin with, a comparison research about the current labor relations and the past labor relation show that, current labor relations are more organized and more beneficial to most people in the U.S. This is because today there are many provisions in the law and legislative structure on issues dealing with labor relations such as Wages and Hours labor management laws that provide standard limits for wages given to the employees and the set of standard limits of hours that an employee should work. In the past 50 years, these laws were not there; hence, the current labor relations are far much better than they used to be 50 years ago. In addition, there are labor relations laws such as the Employee Retirement Income Security Act that provides and advocates for retirement benefits to employees such as health care provisions. Besides, today, there are various procedures, policies, and provisions in the laws, that energize labor management in the country. Therefore, it is clear that labor management and relations are far much better today than 50 years ago (Max, 2013). Legislative issues and laws in United States Various legislative issues and laws in the U.S govern labor relation, and are applicable to all workers, employees, businesses, and even contractors. First, one important law is about wages and hours that outline the standard limits for wages and hours of working, which apply to both private and public employment relations. This law requires that employers should cover employees’ pay for those who work overtime and normal hours, and for overtime work, the payment should be one and a half of the normal regular rates of payment. Again, the law states that in the non-agricultural jobs, children under the age of 16 can only work on the less dangerous jobs while children can only work or are employed during school holidays, as the law does not allow school-going children under the age of 16 to be employed when they are supposed to be in school. In addition, the law provides standard conditions and procedures under which immigrants in the U.S can work, and states that they can only work under some immigrant and nonimmigrant visa policies and programs (Summary of the Major Laws of the Department of Labor, 2012). Secondly, the Occupational Safety and Health Act provides work place and health regulations in the workplace by stating that employees in both private and public industries and institutions must comply with the occupational safety and health administration procedures and policies. For example, it states and requires that employers should provide their employees with conducive work place conditions that are very free from health hazards while health standard conditions must be adhered to in the workplace (Fitzpatrick & Perine, 2013). Again, this law is enforced and regulated in various industries and institutions through regular inspections and investigations done to ensure that employers comply with the standard health policies and procedures (Summary of the Major Laws of the Department of Labor, 2012). Thirdly, there are laws and legislative procedures that govern labor relations in U.S by providing worker’s compensation such as the Long shore and Harbor Worker’s Compensation Act. This law provides for compensation for workers medical care, especially on those employees who are in long shore and harbor such as ship repairers and shipbuilders, and ensure that, in the event there are any injuries or loss in the process of their work, they should get compensation as provided in the law. Again, there is a law known as Energy Employees Occupational Illness Compensation Program Act that states that employees who work under energy production processes should be compensated in cases of any health related problems caused by energy radiations. In addition, Federal Employees Compensation Act provides and establishes a detailed outline of compensation programs and policies to employees who may get injury or loss in the process of performing their duties (Bagenstos, 2013). It also provides benefits for total or partial injuries that can lead to disability and various medical costs in cases of injuries and other losses. Besides, Black Lung Benefits Act is provided to ensure that those miners who may get lung related diseases in the process of mining are given proper medical care and compensation (Summary of the Major Laws of the Department of Labor, 2012). Another important law that governs labor relations in U.S is the Employee Retirement Income Security Act that provides retirement benefits to employees such as health care provisions and other retirement benefits (Summary of the Major Laws of the Department of Labor, 2012). Moreover, there is also Employee Protection Act that governs employee protection in cases of complains by the employees about the employer. In addition, there is Uniformed Services Employment and Reemployment Rights Act that ensures that those who served in the armed forces are given the right to reemployment, and it mostly requires that these military servicemen get reemployed by their former employer (Flanagan, 2005). Besides, Family and Medical Leave Act provides that employers who have 50 and above employees should provide about 12 weeks maternity leave for those employees who have given birth or have adopted children or for any other health related problems by the employee. Another important law is Government Contract, Grants and Financial Aid Related Acts that provide the various comprehensive standards under which the various labor relations between contractors and their employers are based on. For example, the federal contract law requires that contractors and subcontractors should be given equal employment opportunity. Furthermore, another important law provides labor relations to those who work in the agricultural sector. For example, there is the Migrant and Seasonal Agricultural Workers Protection Act that provides and regulates hiring and employment activities for those who work in agricultural related jobs. Again, there is the Fair Labor Standards Act that allows those in the agricultural jobs not to be involved in overtime premium pay but to get minimum payment as provided for in the employment policies. This Act also provides agricultural workers with agricultural health standards that provide health safety of the workers (Summary of the Major Laws of the Department of Labor, 2012). Decline of Union Membership Various factors have led to decline in union membership in the U.S, resulting into most people joining private industries and institution. To begin with, one of the major factors that have Marjory led to the decline of union membership in the U.S is the Air Traffic Controllers’ strike that occurred in 1981 (Flanagan, 2005). After this strike, there was great decline in union membership for the private sector. Again, research shows that by the beginning of early 1950, there was a union membership in the U.S, which was characterized with good outcomes, and many people were joining. However, by the end of 2012, only around 10% of the people were found to be in union’s membership in US despite attempts by the former U.S president John Kennedy’s Executive Order to influence many people to join the union. Precisely, industrial sectors started to decline in U.S, leading to more attention turning on the process of organizing women to be involved in white-collar jobs. As result of this decline in union membership, there are no collective and strong effects of unions in U.S. Again, the past collective voice and power of union and workers’ political effects to bring changes has weakened (Gross, 2012). In addition, wages given are very low compared to national standards threshold and most of the income people earn are very inequitable. Besides, research shows that by the end of 2011, only less than 7% of the private sector employees and workers were in union membership (Gross, 2012). Another factor that causes a great decline in union membership in the U.S is the increase and rise of various public sector unions that were established in 1958 by New York Mayor Robert Wagner who issued an executive order known as the little Wagner Act providing for city employees with bargaining rights and inclusion of union representation. This made public employees such as teachers, firemen, prison guards, and clerks to join the public union in the New York and other states. At the same time, in 1962, President John Kennedy gave out an executive order, which led to the upgrade of status of the public union, wooing many federal workers in joining the public union. In addition, due to generous benefits such as good pay that people got in public sector, many people usually opted for the public sector. Moreover, the change of women status in the U.S, where they were allowed to join white-collar jobs, led to decline in union membership. Therefore, the main factors that are responsible to the decline in union membership in U.S are the 1962 and 1958 executive orders by the President John Kennedy and Mayor Robert Wagner respectively, which led to the rise of more public sector unions. Another factor that led to more decline in union membership in U.S is the 1981 professional air traffic controllers’ organization union strike aimed at rejection of government’s pay raise offer, leading to the collapse of the union and hence reduction in the union membership. Besides, the raising of women status in the U.S also led to decline in union membership (Lewin, Keefe & Kochan, 2012). Contract negotiation process Contract negotiation process usually involves two parties discussing and collaborating in order to come into acceptable agreements about the terms and conditions including consideration for the contract. Again, contract negotiation process usually requires a third party who acts as the neutral point or mediator in relation to matters relating the contract. In contract negotiation process, it is usually important that discussion between the parties and the contract principal manager and negotiator be very clear, especially on the issues concerned with risks and contract benefits so that the process of reaching agreement can be made fast and conveniently. In addition, when all the information about contract negotiation process is clear, both parties tend understand each other, leading to proper achievement of agreement in the process (Flanagan, 2005). Besides, negotiation process is usually affected by various factors; hence, there is need of the contract negotiator to be fully prepared to provide various alternatives in the contract negotiation process. Again, it is important that contract negotiation process should come out with an agreement and bring to the parties an understanding, which is appropriate, fair, and proportionate. If this is done, the contract negotiation process will provide equitable, fair, and valuable results to all parties. Moreover, various contractual terms should be agreed on, taking into account all the parties involved in order to identify the best solution and fair results to all. Furthermore, in most cases of contract processes the most fundamental goal is to get an equitable and fair agreement to all the parties involved. Therefore, contract negotiation process is usually made in such a way that the outcome of the process is fair, equitable, and valuable to all the parties involved; hence, contract negotiation process is one of the best methods that can be used to bring fair and equitable understanding and agreements between two or more parties (Flanagan, 2005). Conclusion This paper has discussed various labor management relations in U.S and established that, the current labor relations in the country are better than those present in the last 50 years ago. Again, the paper has talked about various laws and legislative issues in the U.S concerning labor and those that govern labor relations. Among these labor legislations are Occupational Health and Safety Act, Federal Employees Compensation Act and Energy Employees Occupational Illness Compensation Program Act among others. In addition, the paper has discussed about the various reasons that led to decline in union membership in the U.S, among them being the 1958 and 1962 executive orders by Mayor Robert Wagner and President John Kennedy respectively, which influenced employees to opt for public sector instead of union membership. Lastly, the paper has also discussed about the contract negotiation process and its importance, especially in relation to fairness, equity and value. Clear terms and conditions of contract as well as understanding of the negotiation process would be important in ensuring the whole contract negotiation process is effective. Cost-benefit analysis should also be conducted in order to ensure interests of all parties are served. References Bagenstos, S. R. (2013). Employment law and social equality. Michigan Law Review, 112(2), 225-273 Fitzpatrick, J. J., & Perine, J. L. (2013). State labor legislation enacted in 2012. Monthly Labor Review, 136(2), 24-29. Flanagan, R. J. (2005). Has Management Strangled U.S. Unions? Journal of Labor Research, 26(1), 33-63. Gross, J. A. (2012). The human rights movement at U.S. workplaces: Challenges and changes. Industrial & Labor Relations Review, 65(1), 3-16. Kuang, X., & Moser, D. V. (2011). Wage Negotiation, Employee Effort, and Firm Profit under Output-Based versus Fixed-Wage Incentive Contracts. Contemporary Accounting Research, 28(2), 616-642. Lewin, D., Keefe, J. H., & Kochan, T. A. (2012). The new great debate about unionism and collective bargaining in U. S. State and local governments. Industrial & Labor Relations Review, 65(4), 749-778. Max, W. (2013). Share of the Work Force in a Union Falls to a 97-Year Low, 11.3%. New York: Associated Press. Retrieved from http://www.nytimes.com/2013/01/24/business/union-membership-drops-despite-job-growth.html?_r=0. Summary of the Major Laws of the Department of Labor. (2012). United States Department of Labor. Retrieved from http://www.dol.gov/opa/aboutdol/lawsprog.htm Read More