Description of National Labor Relations Act Being Different from Other Labor Law - Case Study Example

Negotiations and Labor Relations of NLRA being different from other labor law NLRA (National Labor Relations Act) was incorporated in the year 1935. This Act is considered to be a foundational statute of all the labor laws in United States. This Act facilitates formation of trade union so as to enable basic rights for all the employees and also to involve into various collective bargaining processes for better conditions and terms at the workplace. This labor law is different from other labor related laws in United States as the other laws takes into consideration the health and safety measures of labor, and various other work related conditions for the labor force. However this law even proposes a framework through which the trade union can enter into negotiations and even can indulge into strikes if their just conditions are not fulfilled by the management. This law gives an opportunity to the workforce to bargain with the higher authority in relation to their benefits and workplace conditions (Carrell and Heavrin, 2012).The process of collective bargaining that is undertaken by the labor unions is not applicable for certain section of employees such as domestic employees, federal, local government or state workers, agricultural employees, supervisors, close relatives of any individual employer and independent contractor. In other labor laws that have been framed in United States there is no such distinction as they are focused towards the well being of the employees as a whole and the management is the ones who obey these laws so as to design the terms and conditions of workplace. However in NLRA there is the provision for the employees and trade unions to put across their conditions and bargain to form a contract agreement through collaborated decision with the higher authority. Strategies adopted by management to handle trade unions There are certain strategies that are adopted by management to deal with trade unions or to keep the union out of the company. Some of these strategies are common in nature and is implemented majorly by the management so that they can avoid the conflict with union. The most common strategy that is adopted is working together with the workforce. Through this strategy the concept of trade union is eliminated from the system. The management involves the workforce in all possible decision making that is related to their workplace conditions and this in turn makes the employees feel that they are being valued by the management. Hence this value creation makes the workforce realize that trade union is not essential for their well being as the higher authority takes care about their work-life balance (Beik, 2005).The other most common strategy is management often plans to work along with their employees and this in turn establishes a strong relationship between the two parties. The management often sets up a discussion forum where the employees put across their grievances which are handled effectively by the management. This in turn keeps the labor union away from the organization as the workforce does not require any form of union to communicate with the management. On the other hand the strategy of incorporating a sense of ownership in the employees is commonly used by the management which helps to eradicate the trade union from the system as the entire workforce is aligned towards a common goal and considers them to be an integral part of the organization. Influence of management strategy on strikes or negotiations in 1980s or 1990s The incorporation of NLRA was able to change the dynamics of many business organizations. In case of small and medium sized firms in the private sector there were no certain changes observed in the management strategy in the time period of 1980 to 1990 and the rate of strikes and negotiations were high. The management failed to understand the importance of restructuring their strategy in order to eliminate increasing degree of strikes which was causing a negative impact on the system. However in United States majorly in large firms in private sector there was a change in management strategy that was observed throughout the system. The management in larger firms in United States focused more on developing a platform which would enable them to set up strategies through incorporating views and opinions of their workforce. This form of strategic change created a major impact on the negotiations or strike rate in the organization and decreased its percentage by 75% throughout the industry (Holley, Jennings & Wolters, 2011).This was a major turmoil in the system and this form of change helped the industry to avoid strikes and conflict which enhanced the rate of productivity. The other form of management strategy that was adopted during this time frame was to be more focused on internal recruitment and growth that increased motivational level of employees and even influenced them to remain more aligned towards their career path then to indulge into any form of conflict. Project Analysis The contract agreement that has been made between the Rages Corporation and US Workers of America has all the necessary elements that should be incorporated in an agreement. This agreement comprises of all the factors that are related to work safety issues of the workers and the rights of the management that can be exercised at the time of crisis. The agreement majorly deals with the basic conditions that are essential for the well being of employees in an organization. The agreement states that when the employees has passed the eligibility criteria of completing a certain time period in an organization can avail the benefits that are put forward by the organization. The employees are given the provisions of insurance and pension which would safeguard the future of the employees. The insurance plans as per the agreement states that the employees would be given health coverage for their families if the conditions of insurance is fulfilled. The other most vital aspect of the agreement that has been incorporated effectively is union security which states that the union members would not be affected in any way if they indulge into any form of negotiation and bargaining. In an organization the union plays a more significant role in the form of communicating the demands of the workforce to the management. This is an integral part of an organization through which the grievances of the employees can be conveyed to the management and even helps to protect the employee base from any sort of discrimination. This agreement guarantees that the union would be secured in all possible conditions. The other factor that has been put across the agreement is the benefits in the form of vacations and holidays. This provision in the agreement clearly describes the criteria for holidays and which amongst them would be paid leaves and which would be unpaid leaves for the employees. The vacations and holidays are important provisions for the employees as this would help them to strike a balance between work and life which is essential so as to reduce the overall stress on the employees. On the other hand this provision would make it clear to the employees about their eligible leaves and would eliminate any form of misconception between the two parties. The agreement has been able to also cover the factors of compensation rates and works hours and overtime. The contract states clearly the wages of the employees on the basis of qualification and experience. This clear classification of the wage rate would help to discard any form of favoritism which directly has an impact on the compensation of the workers. The agreement has well structured wages for the employees and even encompasses the overtime wages for the employees that have been based on the extra work hours of the employees. The overtime provision of the agreement is essential as it would help the employees to portray a picture that their hard work would be valued by the management. The other most important aspect that has been focused on by the agreement is seniority provisions that would be given to those employees who pass the eligibility criteria of gaining that position. However this agreement has not been able to encompass certain other essential elements that are necessary while framing such contract agreement. These elements that need to be included in this agreement are grievance procedures, disciplinary procedures, and performance, training and health safety sections. Grievance Procedures This section of the agreement majorly focuses on the procedure of conveying grievances effectively to the management so that the best possible solutions can be developed in order to resolve such grievances. This section would comprise of the detailed procedure of how the employee grievances would be communicated. The first major step of this procedure would be there would be a weekly call by the union where the members would interact freely with all the employees so as to analyze the areas of grievances of employees. After the union members has scrutinized well the all the grievances then would put across those factors in monthly meeting that would be held with the management. The higher authority would analyze again on the grievances and then would meet individually with the employees so as to resolve the issues. The grievance procedure would be fully conducted by the management and the union members and it would be subjected to thorough analysis and scrutiny so as to make sure that the right grievances is being attended by the management. The major procedure for handling grievances would be through conducting group meeting where different aspects would be discussed in the organization. The other procedure of handling grievances is through developing a team that would be work together with the union so as to develop strategies that would help to eliminate any such grievances from the system and take appropriate actions to resolve such issues. Disciplinary Procedures The disciplinary procedures on the other hand comprises of all small elements that guides the disciplinary structure of an organization. This procedure should be incorporated in the agreement as it would comprise of actions that can be taken by the management and even comprises of the desired actions that needs to be executed by the employees if they plan to remain a part of the organization. This procedure would be twofold one from the management end and the other from the employees end. From the employees end it states that the major disciplinary framework that should be maintained by the employees would be all possible work related responsibilities. These responsibilities would comprise of maintaining appropriate working hours and not violating any of the conditions that are associated with doing overtime at the workplace. If the employees are found to be violating any such workplace rules then the management would possess the rights to take strict actions against the employees or they can even be dismissed from the organization. The management on the other end needs to design a disciplinary structure for the workforce and it would contain the behavior, rules and norms that need to be maintained at the workplace. Both the parties needs to agree on the set discipline and their consequences before it is been implemented in the system. These procedures are essential for the contract agreement as it serves as a guideline for the employees and management. Performance The contract agreement does not contain any such details that states how the performance of the employees would be measured by the organization. This is an essential element and needs to be incorporated into the system. The performance factor needs to be classified as a measuring tool in the contract agreement that would help to motivate the employees to perform well. On the other hand this would even serve as a framework for the management to avoid any such discrimination amongst the employees. The performance section would incorporate the guidelines which need to be followed by the employees so as to be eligible for the awards and recognition that is associated with good performance. This would even enable the employees to set benchmarks so that they are able to perform accordingly and even achieve their targets in due course of time. This performance section of the agreement would even comprise of impacts that the employees needs to bear if they are not able to maintain the expected performance standard. This would encompass particular time frame within which the employees needs to set the expected standards in the workplace and even required procedure that needs to be maintained by the employees to achieve that level of performance. On the other hand through this section the management would also be clear on the factor that high performance of the employees needs to be rewarded appropriately. Health and Safety The health and safety provisions have been included in the contract agreement but it can be modified so that it fits well with the other provisions of the agreement. The health and safety provision that has been incorporated covers all the wider aspects that are related to the health factors of an employee. The health and safety provision should also encompass giving proper training related to both the factors so that the employees are cautious in the workplace and work according to the safety regulations in the training module. This form of education that is given to the employees should be on a specific interval so that all the newcomers in the organization can also understand the rules and norms that are put forward by the organization in terms of health and safety. This provision should also encompass regular health check up of the employees in order to be ensured that all the employees are physically fit to match up to the work performance standards. This provision would comprise of special leaves for those employees who fall sick during the working hours so as to ensure that the health of the employees are not being compromised by the company. All these additional factors if incorporated successfully in the provision would be able to manage the health and safety related issues of the employees of the organization. Training The provision for training is an essential part of a contract agreement but it has not been included in this particular agreement. The provision for training would comprise of the training and development benefits that would be given to the employees. The employees apart from getting all the workplace benefits should also be made eligible for the training and development programs that would help them to succeed in their career path. These programs would not only be developed for the new employees but also would be made essential for all the existing employees of the organization. The training provision of the agreement would comprise of all the processes that would be encountered by an employee in the workplace. The newcomers in the system would not be subjected to any form of harsh treatment during the training period. This period would be a timeframe during which the new comers would explore their knowledge and grab the maximum which would be beneficial for them in long run. On the other hand the existing employees would attend such training programs organized by the company on a monthly basis during which they would be able to put across their queries and enhance their skills and knowledge. The top management also needs to attend such training programs so as to analyze the loopholes in their workforce and to plan strategies which would help the employees to develop more and perform better. Reference Beik, M. A. (2005). Labor Relations. USA: Greenwood Publishing Group. Carrell, M.R., and Heavrin, C. (2012). Labor Relations and Collective Bargaining: Private and Public Sectors. New Jersey: Prentice Hall. Holley, W., Jennings, K., & Wolters, R. (2011). The Labor Relations Process. USA: Cengage Learning. Read More