National Labor Relation Act and Employee Rights - Essay Example

? National Labor Relation Act and Employee Rights National Labor Relation Act and Employee Rights Implementation This program seeks to implement the provisions of the National Labor Relations Act through training the supervisors of the Twilight industries on the content of the act, and the consequent duties and responsibilities of both the employees and the employers. This way the supervisors will be in a position to understand the rights and freedoms of the employees, including the rights to undertake strikes and to picket, without being interfered by the employer. The supervisors will also be informed on the illegality of firing, demoting, transferring or reducing the benefits of the employees, based on the involvement of the employees in a legal strike or picket, to demand their rights and freedoms from the employer. The program will take two weeks of an intense training for the supervisors, during which the supervisors will be trained four hours every day, except for the weekends. Therefore, the training will constitute a ten-day training program, undertaken by the labor professionals and hired legal experts on employment from the labor department and other various professional labor organizations. At the end of the training, the supervisors will be required to undertake a test regarding the training, where only the ones who pass the test will be retained, while the ones who fail will be replaced. The program will also include a regular refresher course, undertaken once every 4 months for a three-day period, where the supervisors will refresh their knowledge on the duties, rights , freedoms and responsibilities of the employees and the employers, while also learning new developments in that area. Under the training program, several employee rights, freedoms, duties, and responsibilities will be covered, to equip the supervisors with the rightful knowledge about the rights of the employees, and, thus, to ensure that they do not interfere into such rights in the future. First, employees have the rights to attempt to form or to form a union in their workplace (Sack, 2010). Therefore, the supervisors will be trained to acknowledge the rights of the employees to establish unions within their workplaces, which will be used as a basis of championing for their rights, while also being as the bargaining vehicles for the employees, through which they can channel their grievances to the employers. The recognition of the fundamental right of the employees to form a union is in line with the basic human rights and the freedom of association and expressions, which no individual should be denied (Emerson, 2009). Therefore, through training the supervisors on the need to recognize and consequently respect the rights and freedoms of the employees to form and engage in union activities, the supervisors will cease to interfere with such freedoms of the employees, which will in turn serve to reduce the negative effects that the organization has felt, such as strikes and demonstrations. Additionally, by allowing the employees to engage in the formation of their own unions, they will be in a position to present their grievances to the employers or the relevant government agencies, which will, in turn, reduce the legal suits filed by the employees to the courts, which are detrimental to the organization, both in damaging its reputation, as well as causing it huge financial burdens (Dannin, 2006). The other fundamental aspect of the training for the supervisors, regarding the employee rights and freedoms, is the right of the employees to join and engage in the activities of a workers’ union, even if it is not recognized by the employer (Sack, 2010). This lesson will be very fundamental, since the employers can interfere with the rights of the employees to engage in union activities on the basis that such a union is not recognized by the employer. The fact that the employer does not recognize certain workers’ union does not limit the employee from joining such organizations. This fundamental right is provided by the National Labor Relations Act to ensure that the employer does not dictate the employee the nature of the organization that they should join (Strecker, 2011). This provision is essential, since allowing the employer to determine which union workers should join and which ones they should not is tantamount to denying the employees the basic human rights of the freedom of expressions and association. Thus, through training the supervisors that the employees have the right to join any union, regardless of whether it is recognized by the employer or not, it is important to make the supervisors aware that they should not only acknowledge the unions that the employers have recognized, but any form or nature of the union that the workers have decided to join. This will effectively prevent any conflict between the supervisors and the employees, based on the type or nature of the union they have joined. The other provision of the National Labor Relations Act regarding the employee rights, which should be offered as a lesson to the supervisors is the right and freedom of the employees to be fairly represented by a union of their choice (Tucker, 1947). This lesson is relevant, since it would help the supervisors to acknowledge the representation of the employees by the unions, including the participation of such employees in union activities that the union would deem necessary, to push the employer to grant the employees better working conditions. The union representation of the employee entails the call by the union to have the employees participate in its activities, as long as they are legal, which may include strikes, demonstrations and picketing (Sack, 2010). Training the supervisors about these rights of the employees is fundamental, since it will make the supervisors recognize that the involvement of the employees in such activities as picketing, demonstrations and strikes are legal, and as such the supervisors should not interfere with these rights and freedoms of the employees. Most significant, however, is training the supervisors about the rights of the employees to engage in legal actions of demanding their rights outside the union (Strecker, 2011). Therefore, even the employees who are not represented by the unions have their rights recognized under the National Labor Relations Act, under the “concerted activity” clause. Thus, a group of employees can engage in demanding for their rights and freedoms from the employers, including the right to have better working conditions. A single employee is also mandated to present a demand for better working conditions, as long as the individual employee has the mandate and consent of presenting such demands from the other employees. This would also be a vital training for the supervisors, since they would be made to understand that the employees are legally allowed to present their demands either through a union, as a group or even as individuals under the National Labor Relations Act (Emerson, 2009). Finally, it would be very vital to train the supervisors on the contents of the unfair labor practices, as provided by the National Labor Relations Act. This would make the supervisors aware of such illegal activities, and, thus, avoid in engaging in the same, while handling the employees. First, the supervisors will be trained on the illegality of interfering, restraining or coercing employees in the exercise of their rights and freedoms (Kyvig, 1996). The supervisors will also be trained on the illegality of attempting to dominate or interfere with the employees rights of establishing any legal workers’ union, or engaging in its activities. The supervisors will also be trained that it is illegal to discriminate the employees on the basis of their involvement in the activities of a labor organization, through dismissing, denying the benefits or punishing them in any other way (Strecker, 2011). Finally, the supervisors will be trained on the illegality of refusing to bargain collectively with the employees or employee representatives in issues regarding the improvement of their working conditions. Training the supervisors on these illegalities will ensure that they are aware of them, and, thus, they will not engage in them. Evaluation The evaluation of the success of the program will be undertaken through administering a test on the supervisors regarding the content and requirements of the National Labor Relations Act. The test will be administered by the experts hired to train the supervisors, and the supervisors who fail the test will be replaced. Additionally, the knowledge and application of the content and requirements of the National Labor Relations Act will be evaluated once every four months, during the refresher courses, where the supervisors will first undertake an exam regarding the National Labor Relations Act on the first day of the course to determine their areas of weaknesses. This will form the basis of the refresher course to be offered, meant to remind them and equip them with sufficient knowledge on the requirements and contents of the National Labor Relations Act, in relation to the rights and freedoms of the employees, as well as the duties and responsibilities of both the employees and the employers. Summary The relationship between an employer and employees is a fundamental determinant of the success of an organization. Therefore, it is essential that the employer cultivates a good relationship with the employees, since it will motivate the employees, while also increasing their productivity. This will go a long way in enhancing the success of such an organization. The National Labor Relations Act is an instrumental tool that defines the rights and freedoms of the employees, as well as the duties and responsibilities of both the employer and the employees. By training the supervisors of Twilight industries on the content and provisions of the National Labor Relations Act, they will be in a position to understand the rights and freedoms of the employees, and, thus, avoid interfering with them, since such interference is likely to highly cost the organization. Conclusion The implementation of the supervisor training program is essential to enhance a good relationship between the employees and the employer. The harmonious relationship between the employees and the employers prevents the disruption of the operations of an organization, through such activities as strikes and picketing, which put the operation of an organization at a halt. Additionally, through understanding the rights and freedoms of the employees, as well as the duties of both the employer and the employees, the supervisors will avoid interfering with the legal activities of the employees such as strikes, or even engaging in illegal activities such as firing or denying the employees their benefits. This will go a long way in avoiding legal suits against the employer, which cost an organization both financially and in reputation. The general application of the program also helps to improve problem of insufficient employee motivation and productivity of an organization, through the enhancement of employee motivation and satisfaction. References Dannin, E. J. (2006). Taking back the workers' law: How to fight the assault on labor rights. Ithaca, N.Y.: ILR Press/Cornell University Press. Emerson, R. W. (2009). Business law. Hauppauge, N.Y: Barron's Educational Series. Kyvig, D. E. (1996). Explicit and authentic acts: Amending the U.S. Constitution, 1776-1995. Lawrence, Kan.: University Press of Kansas. Sack, S. M. (2010). The employee rights handbook: Effective legal strategies to protect your job from interview to pink slip (Rev. and enlarged 3rd ed.). Merrick, NY: Legal Strategies Publications. Strecker, D. (2011). Labor law: A basic guide to the National Labor Relations Act. London, New York: CRC Press, Taylor & Francis Group. Tucker, B. F. (1947). Guide to National Labor Relations Act. New York: Commerce clearing House. Read More