The Role of Labour Unions in the United States Employment Relations Environment - Assignment Example

Employment Relations Insert Name: Insert Number: Course Name: Tutor: Date: Introduction The US economy has been a centre of interest more so given its success in the creation of new jobs which has attracted attention on how flexible the labour market is as well as the flexibility of the regulating body; that is, the legal order. The field of employment relations in the United States has witnessed a great change considering that there has been an augmented activity counted on the part of judiciary and legislature. The extent of formal employment regulation has increased substantially within the last decade. In the same context, the level of private law-making in the employment relations has declined considerably. The face of the employment relations has therefore changed characterised by these developments that have emerged since the close of the past decade. For this reason, the paper attempts to analyse, among other issues, the role of labour unions in the United States’ employment relations environment. Why are the US labour unions of importance? The labour unions here become a major centre of interest given their role in representing the workers in the majority of industries and added to the fact that they are part of the legal system and employee arbitrators and play a major role in collective bargaining with respect to wages and benefits besides the working conditions of workers in the US across a range of industries. The other reason that makes the labour unions to be focal points of interest is the fact that actually they have shrunk despite the labour market they represent having extensively expanded since 1950s when the membership was at its peak (Thomas 1984). Kohler (2005) notes that the labour unions in the United States were quite effective in their role as representatives especially in the 60s when they were at their height though their density rates started falling at a faster rate leading to a reduced significance of collective bargaining. Nevertheless, since the legal system of a given national system affects the employment relations environment in the system, statutes seemed to replace the role played by the labour unions. Thus the shift has moved towards public regulation and this can be seen in the fact that since 1990, for instance, the Americans with Disabilities Act (August 1993); the Civil Rights Act of September 1991 and the Family and Medical Leave Act of October 1993 have all helped in the unrelenting development of employment discrimination law policy, particularly in the comparatively new and exceedingly significant area of sexual harassment law. Factors that might constrain the role of trade unions in the US employment relations environment In carrying out an examination of the employee relations a number of factors must be put into consideration since the set up of the environment is likely to be affected by these factors from place to place. Among the factors that impact on the employment relations environment are: management style in that environment, the national culture and the mode of operation of industrial and labour relations systems. The presence and operation of trade unions is also an important factor as well as the economic factors prevailing in the environment (at this point it would serve a good purpose to remember that during the period of the post-war depression of 1921-22 the economic situation could not allow for the unions to effectively lobby for wage increase for the workers since there were only a few jobs with heightened labour force. This caused subsequent reduction in wage and workers were forced to speed up their rates of production). And therefore this is a good example of how an economic situation can impact on the ability of the labour union even in the situations where it has been effective in operation and representation (Derek and Dundon 2009). Social factors also play a major role in employment relations and hence they must be considered when analysing the employment relations environment. Social factors may be broadened to include socio-cultural dimensions, lifestyles, values and the social responsibility a given business in the employment relations environment is expected to embrace. Therefore the employment relations will be immensely affected by the values of the society, the lifestyles and customs that characterise the operating environment of the business thus hint on the expectation of the employees, legal system and society at large. Public policy and legislations are important too and here it is worth noting how the United States has in the past faced criticisms from some critics who maintained that the legal strategies operating in the American employment relations are comparable to those of a developing nation for having quite rigid measures in the name of deregulating the labour market (Kohler 2005). At present, the role that was initially played by the labour unions is mainly played by the public policy for instance the law rules against discriminating against any individual who is qualified to work just because he or she is disabled or physically challenged. Elsewhere, the government of Saudi Arabia recently passed a law making it illegal for any firm to sack a local citizen on the basis of the firm’s financial difficulty. Such legislations have an impact on the employment relations. Public policy is likely to affect the employment and working conditions of employees in a particular employment relations environment. For instance, there could be a minimum wage rate or minimum employment conditions stipulated as minimum conditions for workers in a particular industry such as the textile industry. Public policy will also give a hint on the manner in which certain organisations are viewed; for example while an SME (Small and Medium-sized Enterprises) in the US is any firm with less than 500 workers, that number may just be sufficient to constitute a large firm with respect to the public policy of another nation. Lastly, business cycle in the particular employment relations environment will have an effect on the outcome of the analysis when carrying out an analysis of the employment relations environment. These factors are imperative in determining the strategies that are used to accomplish varied organisational objectives in that particular environment. Another factor that has a great impact on employee relations is globalisation (Lipsky and Ronald 2006). There are some developments that promote an atmosphere of increased bargaining especially for the employees. Considering how strategic management is important in this area we find that with the presence of strategic management, more flexibility is incorporated in the employees’ working time and the job functions too are not rigid but can be changed with ease. By integrating all these factors plus others, we find that actually the impact they have had on policies that relate to employee relations in the United States. While all the changes that have taken place may be welcome, it is quite agreeable that there is need for a regulatory system that will ensure that those skills acquired and processed by the employees do actually relate to the market requirement (Lipsky and Ronald 2006). In the past, the role of the labour unions reached a hitch when the economic situation was so extreme that their role as workers’ representative was compromised given that they would do nothing but let workers face the conditions of low wages while at the same time being forced to work at higher speeds. The US labour unions have enjoyed a long period of stability since their established though this stability was no longer a reliable by early 1970s. Dramatic changes have been witnessed and the rate of unionisation has consequently declined. Given that the employers are aware of the role of the unions, they go ahead to apply tactics of union avoidance through intimidation of workers as reported by Kent (2001). The reduction in the union density since mid 70s has contributed to the increased wage and income inequality in the United States where the gap between the rich and the poor. This means that the working poor of the population will continue to have less and less job security. Raymond (2003: 4-5) points out that the US as an employment relations environment contributes two main factors which immensely affect the union formation and smooth operation. He identifies one factor as the strength of the institution of the private property which he says that advocating for vigorous unionism squarely works against the absolute rights of the private property given that it restricted the prerogatives of the employer in the workplace (Raymond 2003: 5). But can’t this be seen as a good way of simply putting that the employee and the employer do not have anything in common? The ethnic diversity of the US labour system is one challenge that has proved worrying to the stability of the unions. This is even worsened when it is intermarried with illegal immigration which offers workers to the labour market; workers who become difficult to present through the unions yet provide a platform for the employers to apply their union avoidance tactics. On another level the US has a fluid economic system which when intermarried with the prevailing political ideology; most workers find themselves with room for advancing socially and having the right to vote respectively. These factors interplay to create a set-up with little or no class consciousness in the United States implying that the paradigm shit in the general system does work against establishment of a working labour union. Add to it the fact that the employers in this environment have been demonstrated to exhibit considerable hostility to the labour unions and it is believed to be one of the major causes of the sudden decline in the union membership in the 1980s when the union membership dropped by about thirty percent mark (Raymond 2003: 6, 48,148). In the past the operations of the labour unions have been affected by politics specifically where the politicians mingle with the management of the unions to produce a product that is inclined towards their own political ideology. The judicial system despite the vital role it should play in worker-employer relationship seems to have negative views towards the labour unions hence it also constrains the operation of the labour unions. To further support this point, Kent (2004) points out to a loophole in the legal system which allows for workers that participate in strike to be permanently replaced yet the same workers have the right to strike and a worker who participates in strike cannot be fired according to the law. Another significant attribute of the U.S. labour force is the demographic change lately seen. Progressively more, women and people of colour are the “new majority” in the place of work. This change of trend calls for flexibility of the labour unions to represent the workers against any racial or economic polarisation. Do you think the constraints experienced by the party that you have identified are unique to that employment relations environment or might they experience similar constraints in other national systems? The fact that labour law in one country is not the same as that in another may help us gain some clue concerning whether the constraints faced by a labour union in one country are likely to be the same for another country. Employment relations in a particular country are definitely affected by the labour law of that country and yet the labour union of the country is pertinent player in the employee relations environment of that country. The variance of the labour law from country to country also extends to the functions a particular labour union will be able to handle. A good example of how the labour law may vary and affect the operation of the labour union is the case of Germany where it is strictly forbidden, and it is held that only open shops are legal. Considering those disparities in the labour law, it would be right to argue that the constraints faced by the labour unions in the US are unique to that employment relations environment of the US bearing in mind the differences in the labour law which help in the determination of how the labour unions operate in any society. However, though labour unions are likely to experience different types of constraints in different employment relations environments, some constraints may probably be the same (Gall 2007). Problems that relate to politics are likely to be identified in labour unions in many places. Considering that the constraints that the US labour unions have experienced have differed over their period of development and maturation, it would seem likely that a developing nation may not experience the same constraints that the labour unions are experiencing at the present moment. For instance, the labour unions in the US are more under attack for corporate decision making while those in the developing countries are most probably dealing with the technological challenge which the US labour unions faced a number of decades ago. In addition, other national systems do not have the same mode of operation used by the US labour market (Gall 2007). Conclusion The precise relationship subsisting between the employer and the employee is quite uncertain especially in the context of the complex organisational boundaries. This is the case of countries like the US. A great deal of regulation developed over the past decade in relation to employment is founded on the postulation that employment will be an ongoing, comparatively steady relationship. Increasingly, nonetheless, the developments in the marketplace have tended in the other direction. Job occupancy in the United States is wearing away and survey data have showed that younger employees no longer anticipate joining a firm and remain in employment with it for the term of their working lives. Reference List: Derek, R., and Dundon, T., (2009); “Industrial & Employee Relations; Personnel and Human Resource Management:” Routledge Kent W., (2004): “Challenges Facing the U.S. Labour Movement:” Asian Pacific American Labour Alliance Kohler, T., C. (2005); “Reflections on Emerging Trends in the United States” Lipsky D., B. and Ronald L., S., (2006): “The Ascendancy of Employment Arbitrators in US Employment Relations: A New Actor in the American System?” Blackwell Publishing Ltd: London Raymond L. H., (2003); “Employment relations in the United States”; Sage Publications Smith, R., (2008): “Factors Influencing the Employee Relations Management:” Journal of Industrial Relations, 47(1): 128-131. Thomas A. K., (1984): “Challenges and Choices Facing American Labour:” MIT Press Gall, G., (2007): “Trade Union Recognition in Britain: An Emerging Crisis for Trade Unions?” University of Hertfordshire: Economic and Industrial Democracy, 28, (1): 78-109. Read More