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Collective bargaining - Term Paper Example

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Collective Bargaining MG420 DL Labor Relations Research Assignment (Your name) 09/26/2012 Institution Collective Bargaining and American Law Introduction Collective bargaining is defined as a right of employees to join their forces, in order to raise voice for their legal and ethical rights…
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However, in the modern era of 21st century, he is well informed about his rights. Some researchers are of the view that, the legislation of collective bargaining has adversely affected the efficiency of the organization in America; because of this reason, China and other surrounding countries have a cost advantage due to their economical labor. On the other hand, human rights organizations played a prominent role in compelling US government to devise laws supporting employees’ rights. The major areas in which these laws apply are minimum wage rate, safety, and right to have emergency leave when required.

This paper will analyze the level of practical application of these laws within American society. The four compulsory issues that should be resolved via process of collective bargaining are 1) Wage Rate 2) Holidays 3) Insurance 4) Performance Management. Following is the brief description of these components. Wage Rate Compensation should be disclosed by the management of the organization, in front of the chosen representatives of the labor union. At the same time, union leaders should accept these remunerations, prior to their implementation.

Holidays The weekend comprising of two holidays is mandatory for any organization under US federal labor law. On the other hand, leaves should also be provided to employees in case of illness and emergency. The nature of these leaves should be decided through mutual consent between management and union leaders. Insurance Organizations are supposed to provide health and life insurance to their employees under labor act 1947. Nevertheless, employees have a right to forego this facility, in exchange to a higher pay.

Timing Management and union are expected to decipher, the regular timings dedicated to organizational operations on daily basis, they must also decide the mechanism and level of compensation in case of over time. Performance Management Managers should also present a detailed mechanism of performance management in front of the employees; on the other hand, the basis of promotion must be clarified prior to the employment. Literature Review This section is been dedicated to analyze existing literature on the topic of collective bargaining.

The most important ingredient to foster, the process of collective bargaining is honesty (Adelhelm). Management must take some sober steps towards, facilitating the employees, through providing them a friendly working environment. At the same instance, the ability of the labor-law enforcement agencies, to implement the laws developed; to help employees to spend a smooth life is critical (Estlund). However, these practices are not implemented in an above-mentioned manner, because a new employee has to accept, the prevailing environment in the organization, therefore, there is a little opportunity for him to decide the terms of the employment.

Nonetheless, these laws permit workers to halt working, over an issue of wage rate, with the management, but government also gave the right to organizations, that they can replace their workforce, after paying numeration to these workers, according to the terms and conditions of employment contract (Singh and Jain). This observation illuminated the fact that organizations have the right to terminate troubling employees. Along with this, the biasness of law towards organizations is also highlighted, because legal environment blessed the commercial entities, with the power of eliminating employment of their

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