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Unfair Employment Practices - Assignment Example

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The National Labor Relations Act was enacted in 1935 to protect the rights of both employees and employers. This was for the purposes of ensuring that both the workers and their employers would solve their issues through collective bargaining…
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Unfair Employment Practices
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This will allow for the application fair practices as regards to individuals wage, hours of work. It also helps to provide an opportunity for employers and employees to talk and solve issues arising within the organization. The law has the powers and the right to protect employees by allowing them to join organizations. 1. According to Morris, (2004), the national labor relations act employers are prohibited from interfering with any affairs of the trade union. Therefore, the human resource manager should summon the truck drivers’ representatives and advise them on their union rights. S/he should advice them on how to file complaints in the court and the various processes involved for them to become non-union members. Employers who feel their rights and those of other employers are being violated should report to the national labor relations board (Mikva, 1986). This should take place within six months after the unlawful act has been committed. The employees should inquire about the violations with the human resource manager outside the scheduled hours for work or may consult any other person who has the knowledge regarding labor issues. The employee or employees may then go ahead and file a case regarding the unlawful acts (Warm, 1938-1939). Since human resource manager has knowledge on employee’s dissatisfaction with the union, s/he should continue the negotiations in good faith. He/she should also put efforts to ensure the negotiations are successful so that they can reach a written and binding agreement regarding the terms and conditions of employment. 2. Employees have a right to form unions at their own consent. The national labor relation act prohibits the employer to question the employee regarding their labor union support in a manner that is likely to discourage the individual from engaging into the union activities. The employer should also not apply any discrimination when hiring employees for a given job because of their interest into getting into a union (Warm, 1938-1939). Therefore, the employee should not be discriminated but should be given the job. The employee has a right to encourage fellow employees to get into a union. These employees should not be discriminated against due to their efforts. 3. To reduce the high rates of strikes in the organization employers and trade unions enter into negotiations to reach a binding written agreement. When negotiating parties fail to agree, the employees have a right to go on strike. It is the right of employees to organize with one or more workers any activities that are geared towards improving the working standards of other employees in the organization. Employees can achieve this by raising issues with the employers or government bodies concerned with labor activities. If these issues are not solved, employees have a right to go on strike to air their grievances. The national labor relations board handles all negotiations that have reached a dead end. Therefore, the company and the union representatives should report their grievances to the national labor relations board (Warm, 1938-1939). During a strike, employer can seek employee replacements. The employees can also be permanently replaced but cannot be terminated from the organization. The organization has the duty to reinstate all the striking employees at the end of the strike to their former positions as long as the employees have ...Download file to see next pagesRead More
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