Collective Bargaining at West University - Assignment Example

Question No. 1 Labor laws have been established to give employees protection on matters related to their employment, compensation amount, working conditions along with working environment so that they can perform their duties comfortably and productively (McHaugh, 2011). Every labor law works on employees’ interests that emphasize setting laws for situations that can scuffle or limit the rights of employees; these laws help in giving a sense of security to employees that their rights will not be denied. There are certain situations mentioned in the common law which mandate implementation of legislation so that employees’ freedom can be protected and they cannot get exploited by employers. In today’s world, management has become well-aware of efforts such as employee engagement that increases employee’s productivity, lowers production cost and improves quality of final products and services. Likewise, labor unions are realizing that they can assist their members by developing co-operative relations with management rather than fighting with them. Even in the corporate world, U.S. labor laws are created to reduce mistrust and opposition between management and labor. For instance, the National Labor Relations Act (NLRA) was passed for encouraging collective bargaining and balancing the power of workers with that of the management; the legislation even assists in elimination of the company’s practices of setting up unions with the purpose of discouraging outside unions to organize their employees (Shimabukuro, 2012). As a result of this law, companies were prohibited to provide support or allow creation of labor organization. In this case of West University, congregation of unionists is justified by labor law and they have the right of collective bargaining on matters related to their service terms. However, the labor law in this case does not bound employers in effective expression of controversial issues with unionists; employers can choose to ignore unionists’ wants. Basically, the union is strong only for the rights that it can fight for and crippling it on its instructions make certain that its relevance has no meaning. Hence, the labor law indirectly suppresses unionization. Question No. 2 In every organization, determination of an individual who is providing service is considered either to be a contractor or an employee; it is largely dependent on that person’s involvement with service’s owner. A person carrying out the required service on behalf of a company is referred to as an employee if company has responsibility of deciding things that should be done along with the procedure for performing the task (Perry, 2010). Income taxes of employees are withheld along with medical taxes and social security by employers as it is employee’s right to pay such taxes which are paid by employers on their behalf. On the other hand, contractors are individuals who are self-employed and withholding tax does not apply to them. In this case study, public employees are given the right to join unions and some employees have used this right such as teaching assistants. The primary pursuit of a union is to ensure that its members have higher bargaining power when demanding their rights from employers. There are various rights for employees such as contractual agreements, increments in remuneration and working hours’ modifications. In the case study, it is mentioned that West University acknowledges Graduate Employee Organization (GEO), which is an affiliation of United Auto Worker, for representing its employees that comprise of teaching assistants as well. With the passage of state general law, employees were given the right of joining unions and even have collective bargaining right according to GEO. Hence, the organization acknowledges and considers teaching assistants as employees. Question No. 3 When there is a high union density among employees, some employers start to question about credibility of their management (Putthiwanit & Santipiriyapon 2012). Of course, every organization provides different rights to various job groups so that they are eligible for specific benefits within business operations. Simultaneously, each employee has a particular level of wages and qualification that qualifies them for specific worthwhile rights that are offered by an organization. In various countries, national unions are given rights to deliberate issues on behalf of employees with employers (Perry, 2010). Any wage increment by a union on several occasions can have ripple effect as it can cause high demands by other unions present in the market. In order to tackle issues that can have rippling effect, governments worldwide have undergone drastic changes and are allowing formation of unions that varies across various professions. There is a common belief that better compensation packages are required by various professions; it has helped governments in avoiding prolonged strikes by unionists. In West University, there is a legitimate concern on having a huge number of employees who are members of unions; there is a fear that there will be an increase in demand for working conditions that are more conducive and enhanced. Hence, in this event that West University has less percentage of employees as unions, there are chances that they will have to agree to Research Assistants’ demands. Question No. 4 The main aim of unions is to do collective bargaining for members’ favorable rights; some of the threats that are given to organizations by unions of workers are go-slow, boycott from work, going on strike and creating problems in networks of communication. Every organization strives to portray a positive and respectable image by making sure that employees’ morale is high and they work in a calm and conducive work environment (Slater, 2011). When any organization gets negative publicity about handling of their employees, it significantly impacts its reputation and it may even cause fear among those employees who are potential candidates of the organization. Such negative image can even get unnecessary attention by agencies of government and even critical evaluation by outside and external associations or organizations. As a result of this event, relation of an organization with its business partners can be hampered who believe working with organizations that have a positive working culture between employer and employees. There are various organizations that have been successful in stopping escalation of such actions by entering into board agreements with representatives of union; the main aim is to ensure that the situation will resume positive and normal condition (McHaugh, 2011). In the case of West University, Research Assistants believe that better solutions can be achieved with the help of union representatives who will offer workable resolutions for their grievances. The challenges of Research Assistants comprise of issues related to compensation structure, dismissal from duty without prior warning and problems in execution of their mandate especially disciplining of residents and also dealing with residents who are unhappy and retaliated; all of these challenges are an important part of union’s duty description. Hence complaints of Research Assistants are related to job and legitimate; therefore, they fall under union’s function. Question No. 5 As opposed to unionization, Research Assistants do not have any legitimate concern. According to the labor law, only public employees are allowed to form unions; they provide a platform to members so that they can fight for their rights. In addition to fighting for rights, members of union have bargaining power that is higher so that they can ask for improved and enhanced conditions for working, increment in wages and creation of environment that is safe and supportive for them. However, benefits of unionization are not discriminated on Research Assistants. Some of the unions worldwide have led to development of working cultures that promote harmony and cordial relations between management and employees (Slater, 2011). Almost all management teams of organizations have implemented policies that make sure that profits are increased and employees’ productivity is enhanced. However, there are certain policies that are discriminated among employees on the basis of their positions. With the help of unions, employees who are dissatisfied can get engaged in talks with management which can ensure that optimum agreement is reached that is favorable both for employees and employers. In some cases, management is often reluctant to involve unions when formulating policies especially when it is making decision of making organizational change; the reason for reluctance is that unions show repulsive behavior in such situations. In extreme cases, unions go on strike which significantly impacts image of an organization. Since organizations tend to avoid such adverse situations, they try to give in to demands of unions. Hence, when this strategy is used by Research Assistants which is compelling management to give them their rights will ensure that their demands are met which can ultimately lead to change of culture in the Residence Life. Question No. 6 The National Labor Relations Board (NLRB) provides guidelines that allow formation of unions in workplaces known as Union Workplace. The process gets completed in the form of election which is a legal binding on employers; people who are eligible for voting in this election are referred to as Bargaining Unit Employees by NLRB and they are the co-workers (Perry, 2010). In bargaining unit, Management and Supervisors are denied of any kind of interference and therefore, they cannot vote. One of the effective ways of unionizing within an organization is through NLRB by a process known as Representative Election. Before a union is formed, members who are looking for scheduling of NLRB will have to ensure that its members have interest in the formation of union. At least 30% of Bargaining Unit Employees have to show their interest in forming a union in the company; along with the interest level determination, an Election Petition needs to be filed with NLRB. At this point during this process, NLRB will contact employer of the organization and ask for its employees’ list; the comparison is done between names given on A Cards list that is provided by employer in order to determine sufficiency of interest level i.e. 30% or more so that an election can be warranted. Once the names and interest level has been compared, next step is to decide the date which is set by NLRB for election; the complete process duration is five to seven weeks. On the Election Day, NLRB will decide about polling area which is usually on the property of the organization and then election is supervised. The employees have to cast their votes by doing paper balloting which is dropped into the box of ballot. When the voting period ends, polls are closed and counting is done on the spot. In order to win, union will have to get majority votes and accordingly winner is declared. Hence, in this way, unionization is done under NLRA rules. Question No. 7 From the case study, it is evident that the University sought help from the State Labor Relations Commission (LRC) for dismissal of petition as the law did not allow collective bargaining for those people who performed their services as students. Residential Assistants (RAs) and Community Development Assistants (CDAs) were allowed to legally organize and get engaged in collective bargaining; it was determined by LRC. In order to know employees’ preference, a secret ballot was expected to be held. The primary mission of LRC is promotion and protection of wages, working conditions, health and safety of employees along with offering support to workers and employers for effective utilization of apprenticeship as a tool for development tool. LRC protects workers of both private and public enterprises by providing them various facilities such as training and development, health and safety in work environment, advanced education opportunities, assessment and consultation for career development, data collection and analysis of injury and illness in various occupations, administration that is consistent and responsible and enforcement of various rules and regulations (Shimabukuro, 2012). The objectives of LRC comprise of supporting employers and strengthening economy and communities so that organizations have efficient and a supportive working environment. LRC decision was right, justified and fair and it ensured that students willing to continue persuasion of educational goals can easily go ahead with their intention without any fear of intimidations or punishment. References McHaugh, P.P. (2011). Collective Bargaining in College Dorms. Society for Human Resource Development. Retrieved October 17, 2012 from http://www.shrm.org/education/hreducation/documents/mchugh_collective%20bargaining%20in%20dorms_instructor's%20manual_final.pdf Perry, W. L. (2010). Observations entering a Collective Bargaining environment. Journal of Collective Bargaining in the Academy, 2(1), 1-5. Putthiwanit, C., & Santipiriyapon, S. (2012). A Different Point of View in Collective Bargaining: Legal Perspective versus Business Perspective. Retrieved October 17, 2012 from http://mpra.ub.uni-muenchen.de/40952/1/MPRA_paper_40952.pdf Shimabukuro, J.O. (2012). The National Labor Relations Act: Background and Selected Topics. Retrieved October 17, 2012 from http://www.fas.org/sgp/crs/misc/R42703.pdf Slater, J.E. (2011). The Assault on Public Sector Collective Bargaining: Real Harms and Imaginary Benefits. Retrieved October 17, 2012 from http://www.acslaw.org/sites/default/files/Slater_Collective_Bargaining.pdf Read More