Union organizing - Essay Example

Union Organizing Running Head: UNION ORGANIZING Union Organizing in APA Style Union Organizing 2 Abstract In every establishment the employee and employer relationship and their performance are regulated by proper labor laws. Though most of these labor laws are intended to protect the interests of the employees, they are seen generally exploited by the employers. The act of the employers may provoke the employees so that they may organize themselves to safeguard their interests by bargaining their needs collectively, through strikes or by other means. In order to avoid such strikes that may thwart the progress of the establishment, the employers may seek settlements. These settlements may have pros and cons. Sometimes these will go in favor of the employees due to their power of collective demand. And at other times if there is conflict in their demands the settlement may favor the employers too. Union Organizing 3 Union Organizing Introduction: Success of any organizations largely depends upon the intensity of the employee-employer relationship. This relationship is based on the quantity and quality of safety and protection, care and value an employer gives to the employee, and the magnitude of service an employee provides to the employer. Different labor laws were enacted in the course of time to restrict the employers from exploiting the employees. If the employees suspect that the employer is exploiting them the employees will tend to organize to safeguard their interests. No democratic government can prohibit the rights of the employee to organize. However, to avoid wanton dealings untoward conflicts certain laws were formulated on to how this union organizing can be processed. As per the provisions contained in Section 8(a) (1) of the National Labor Relations Act no employer can restrict the employees from exercising their rights to collective organization, or unionization. Section 8(a) (3) prohibits employers from interfering labor union activities through company hiring and employment decisions. But mostly, these prohibitory orders are violated at workplaces. For instance, consider the case of Dynasteel Corp. v. NLRB, 181 LRRM 2201 (5th Cir. 2007). The Dynasteel Corp has two plants, one in Mississippi and the other in Tennessee. The employers at Mississippi plant put illegal threats and discipline on employees, while at Tennessee plant; they discriminated against the applicants for employment. Accusing unfair labor practice NLRB framed charges against Dynasteel. The Fifth Circuit was convinced of the illegal practices of the company and granted NLRB's request to enforce its order. Union Organizing 4 Now that discussion on 'The Employee Free Choice Act (EFCA) is in progress, it will bring in drastic changes in the matter of union organizing during the first leg of the presidency of Mr. Obama. It is likely that the provisions contained in NLRA may be revamped, taking a much lenient attitude towards the employees and at the same time adopting somewhat stringent steps against the employers. In nut shell, if The Employee Free Choice Act becomes federal law, the workers will get an edge over the employers with their right to form a union. This may torpedo the interests of the employers as it is considered that it will bring harm to their business. Union Organizing 5 Discussion Union organizing from the employee's perspective is to gain collective bargaining for better wages, good and safe working conditions, protection from exploitation, and increased job security. But the nature of employee relations and the roles of trade union may not be in conformity with legislation. Many argue that employee relations are not confined to unions and its collective bargaining, but cover all employment relationships. They are of the opinion that it is beyond pay and other benefits. However, it is quite certain that if the right to organize is jeopardized the safety of the employees will be at peril. It is relevant to note that there were incidents when even the collective bargaining proved to be of no use. In 1938, when US Supreme Court's delivered the Mackay Radio decision against the unions, the employers threatened replacement challenging them and encouraging the members to desert the unions. The court's decision was a whip to the employers, but they did not go further because of the practical difficulty in replacing the trained and skilled employees. Again in 1981 Ronald Regan, in retaliation of a strike by air traffic controllers, replaced the entire 11000 strikers and this inspired the employers to hire permanent replacements. But these 'attacks' on their rights will only make them incline more on union organizing. According to Stewart Acuff, who is an organizing director of the AFL-CIO, a national labor federation, told the New York Times on 26th Jan 2007 that "Sixty million Americans say they would join a union tomorrow if they could--that's far more than the 15.4 million now in unions but employer resistance is stopping them from doing so". Union Organizing 6 It has been found that most of the employees would like to or even form unions so that they get the advantage of collective bargaining. Basically union workers get earnings of about 30% more and 80% of them have health benefits when compared to 49% of non-union employees (Figures from the U.S. Bureau of Labor Statistics). In reality, union has won many benefits and privileges for workers including those who are not in unions. Section 8(a) (1) of the National Labor Relations Act says that it is unlawful for a company to obstruct with employees who are exerting their legal rights to collective organization, or unionization. Section 8(a) (3) prohibits employers from promoting or admonishing labor union membership by way of company hiring and employment decisions. Union organizing actions in a workplace render several opportunities to violate these provisions (Zachary, M. K 2008, January). There were some cases where an employee's allegations of workplace discrimination may boomerang and affect both the company and the union. It is right to mention here a case viz., Cardenas v. Aramark Facility Services, 101 FEP cases 1114 (N.D. Ill. 2007). A Mexican Hispanic woman had done housekeeping work for the employer named Aramark for 26 years in his convention center in Chicago. Her job was to clean meeting areas and offices. The areas where the trade shows were conducted was excluded. The plaintiff was a member of Local 1 Service Employees' International Union (SEIU). She was suspended for keeping food items given by an exhibitor, which was against the policy of the employer. The union (SEIU) took her issue initially but later on withdrew. So she sued the company, and the Union Organizing 7 union alleging descrimination as she was Hispanic in violation of Title VII of the Civil Rights Act of 1964 and the section 1981 of the Civil Rights Act of 1866. Title VII prohibits workplace discrimination by companies and unions on the basis of race, color, religion, sex, and national origin. The Court dismissed the case in favor of the defendants. The major advantage which an employee gets by organizing a union is: -Increased salaries: Even though an employee works hard to get a competitive salary, he may still obtain even more when he is a member of a union. This is tempting indeed for employees to join a union. -Security of job: For some employee security with respect to his job becomes a must and for this he/she may get assistance from the union. This situation becomes a reality when mergers take place and junior or less experienced workers are laid off. -Negotiation in raise: Of course every one would like to have a rise in their salaries and for this the union helps them. The cons are: - Union dues. When workers unite to form a union it becomes obligatory on their part for payment of monthly dues for the privilege of being represented. - A group of people who call themselves as union sometimes do not understand their jobs well. In case of a technical firm, and if the union comprises of non skilled workers then Union Organizing 8 their representation for skilled workers will not be apt. They will not be aware what the exact wants of the skilled workers are. - Promotion and lay off procedures: Sometimes in a union environment a worker is forced to promote or even lay off based on seniority. This is a disadvantage for those who have really worked hard and have experience and skill. From an employer's perspective, the biggest risk when the Employee Free Choice Act (EFCA) comes into force is not the loss of the secret-ballot vote. But the biggest risk to the employers' community is the compulsory contract prerequisite. Under the present law, a union which organizes employees will not guarantee employers' a contract if they win 30% of the time; a newly organized union never gets a contract. Union Organizing 9 Conclusion To protect the rights of employees it has become imperative that we have to go beyond good defense. The union has to win serious protections for workers' rights. In a way we can say that there is not a single basic right which we as employees share even today without having to fight for it. The union has really fought tooth and nail for such rights. Some such rights which the union has fought for employees are; the eight hour working day, legal minimum wage, allow the employees to have a say in some decisions of the management, to resist employer tortures unitedly, each to get according to their needs and the list could go on. Thus union organizing is a most important activity which no employer should resist and which every employee has the right to organize. Union Organizing 10 Reference 1. Zachary, M. K. (2008, January). Labor law: Sorting out discrimination claims in a unionized setting. SuperVision, 69(1), 23-25. Retrieved November 11, 2008, from ABI/INFORM Global database. (Document ID: 1412236141). Read More