Safety at Work and the Unions - Research Paper Example

? Research Assignment Table of Contents Works Cited 19 19 Question Define the term “collective bargaining” and give a real life example of a collective bargaining action. Solution Collective bargaining can be defined as a process by which negotiations between a group of employees and employer takes place. The negotiations are mainly in terms of developing employment condition and also regarding the benefits of the employees. In simple words collective bargaining can be referred to as a process where the representative of workers, trade unions bargains with the representatives of the employer regarding various issues of employment. Nevertheless sometime the terms negotiating and bargaining are employed to depict the same process. The primary purpose of collective bargaining is to reach a conclusion of an issue. Some of the major subjects on which collective bargaining takes place are higher pay packages, more leaves, increase in the number of employees for a particular job, to improve the condition of working, demand for additional facilities, rules and regulations pertaining to hiring and firing, promotion of workers, procedures of lodging complaints, safety within the workplace and about the different policies of the organization. Sometime unions also demand for shorter working hours (Beaumont 43). On the other hand collective bargaining agreement can be defined as the agreement in written form between the union and the employer. It reflects the terms and conditions, rights, responsibilities and the privileges of the employers (“The Collective Bargaining Process”). Such bargaining agreements or the union contracts last for a period of one to five years. However the most common period is of three years. A collective bargaining mainly follows an eight step approach. The approaches are preparing, arguing, signaling, proposing, packaging, bargaining, closing and agreeing. In the context of United States whenever an agreement is reached by the process of collective bargaining, the conditions of that contract are written down into a legally enforceable bargaining agreement or a union contract. In order to provide a real life example of collective bargaining, authentic electronic sources have been used. It was about the registered nurses of Tufts Medical Center. The nurses were the members of the Massachusetts Nurses Association. They bargained with the management regarding the staffing changes for facilitating better care of the patients, appointment of extra nurses during busy hours (“Real-Life Examples of Collective Bargaining”). After the negotiations they have been able to ratify the contract in the year 2011. Hence it was a successful collective bargaining. Works Cited Beaumont, Phil B. Safety at Work and the Unions. London: Routledge, 1983. Print. “The Collective Bargaining Process.” Ilocarib. n.p., n.d. Web. 24 Sep. 2012. . “Real-Life Examples of Collective Bargaining.” collectivebargainingfacts. AFL-CIO., 2011. Web. 24 Sep. 2012. . Question 2) List and discuss three U.S. laws that support collective bargaining, and three examples of employer unfair labor practices. Also discuss the laws. Solution The three U.S. laws that support collection bargaining between the employee representatives and the employers are the Labor-Management Relations Act, 1947; National Labor Relations Act (NLRA), 1935; and Labor-Management Reporting and Disclosure Act, 1959. The three unfair labor practices include sacking a union supporter, discrimination against the employees based on various factors, threatening the employees on taking up union activities. The laws are discussed below:- Labor-Management Relations Act, 1947: - The labor management relations Act of 1947 is also known as Taft-Hartley Act. It was an amendment of NLRA act of 1932. The Princeton university website highlights that the act was passes in the year 1947. The rationale behind this act is to reinstate a balanced relationship among the management of an organization and the employees of the organization. It provides employees the right to avoid any unionized activities, and prohibits a number of unfair union practices. Furthermore it also assists to in settling arguments between the employer and employees (“Labor Management Relations Act of 1947”). National Labor Relations Act (NLRA), 1935: - This act is also known as the Wagner Act. This act made unions and collective bargaining as a legal activity. The act has been able to create an environment that helps to balance the bargaining power. The primary purpose of this act was to promote the formation of labor unions in order to protect the right of the workers. Labor-Management Reporting and Disclosure Act, 1959: - This act is also known as the Landrum-Griffin Act. It has been passed to protect the rights of the members of a union. This act mainly regulates the internal issues and looks after the relationship of the employers and official of the union. Works Cited “Labor Management Relations Act of 1947.” Princeton. The Trustees of Princeton University., 2010. Web. 24 Sep. 2012. .   Question 3) Pick any two of the three examples of employer unfair labor practices you’ve listed and discuss. Solution The three examples of unfair labor practices are sacking a union supporter, discrimination against the employees based on various factors, threatening the employees on taking up union activities. Now the demonstration of the two chosen example are provided below. In this context the report will discuss about the article by Spencer Woodman published on 26th July 2012 in The Guardian. Mr. Woodman details about the labor unrest in Walmart. The article highlights that Walmart has fired five of its employees for getting involved in unionization activities. However the organization denies any relationship with the termination and unionization. Hence the article clearly depicts the unfair labor practice by Walmart (Woodman). The next article that would be discussed is by Chris Sieroty, in the Las Vegas Review-Journal. The author highlight that some form of labor issues took place in Las Vegas Nevada. On further exploring the article it has been found that there were some discrimination against the employees on the basis of their national origins. The Station Casinos has been also charged with the cases of surveillance, discrimination and bribery among others to the employees. Hence this article also clearly justifies the unfair labor practices. Works Cited Woodman, Spencer. “Walmart accused of firing union organizers in bid to intimidate workers.” The Guardian y 26 July 2012. Web. 24 Sep. 2012. . Question 4) Describe the process of establishing and decertifying a collective bargaining unit in the workplace. Solution In this context the article how to organize a labor union at your workplace will be used. The article highlights the way by which union can be established. The process of forming collective bargaining units in an organization are as follows:- 1. Initiating a drive: The first step is to formulate a union within the organization and it is possible by an organizational drive. The initiators are generally a group of employees, an employer or a union. 2. Building support: - The second step is to build support for the group. A minimum of 30 % of the employees needs to show interest in establishing unionism. 3. Voluntary Recognition: - This is the third place and comes only after majority of the employees agreed to form unions. In this stage once the union gets established the organization will either accept it or reject it. If the organization rejects it a maximum of 30 day recognition strike can be undertaken 4. File Election Petition: - The next step is to fill a petition with NLBR for the purpose of holding an election. Once all the verification gets over, election will be held. 5. Embrace National Labor Relations Board Elections: - The final step carried out by the members of the union. It is like campaigning for the elections. The primary is is to win over the staffs that are against unions. If the union wins, the employer has to recognize it carry out bargaining activities (“How to Organize a Labor Union at Your Workplace”). Works cited “How to Organize a Labor Union at Your Workplace.” Essortment. Demand Media., n.d. Web. 24 Sep. 2012. < http://www.essortment.com/organize-labor-union-workplace-51103.html>. Question 5) Discuss about the decertification process, proceeding, or action. Solution Decertification is basically a form of election. It is a process which is being employed to identify whether majority of the union member wish to get represented by the union or not. However in order to facilitate such election around 30% of the employees has to appeal for decertification. The appeal needs to be made to the National Labor Relations Board (NLRB). On the fulfillment of every criterion an election will be held and if in that election majority votes against the union, it will be decertified. In this context an article by Aaron Kuriloff is relevant. In this article the writer highlights about the dispute between organizers of National Football League and players union. The writer through his article clearly indicates that the players association of NFL is not negotiating in good faith, which caused the union to undertake decerti9fication process (Kuriloff). Works cited Kuriloff, Aaron. “NFL Files Unfair-Labor Practices Complaint Against Union in Contract Talks.” Bloomberg. BLOOMBERG L.P., 2011. Web. 24 Sep. 2012. . Question 6) Describe the process of administering a collective bargaining agreement (CBA) to include the role and function of an arbitrator. What are the issues, and how are they handled? Solution The process of administering a collective bargaining between the employees and employer is for negotiating in good faith. The bargaining items are insurance, hour, vacation and safety practices among many others. According to website Industrialrelations the The process of governing a collective bargaining is as follows:- Prepare: This phase is about the composition of the team which will be negotiating with the management. Discuss: In this phase the parties decide on the rules and regulations that will be guiding the process. Purpose: This is also a brainstorming phase. In this stage opening statement about the demand is presented. Bargain: This is the most important stage where actual bargaining takes place. If there is a problem solving attitude, this stage gets over quickly. Finally the drafting of agreement takes place in this stage. Settlement: Once the issue gets sorted a consensual agreement is formed in this stage (“Collective Bargaining Process”). Works cited “Collective Bargaining Process.” Industrialrelations. n.p., n.d. Web. 24 Sep. 2012. < http://industrialrelations.naukrihub.com/process.html>. Question 7) Define and discuss the role and function of an arbitrator. An arbitrator is a person who is selected for the purpose forcing an agreement on the associated parties. It is done by issuing law that portrays the terms and condition of a settlement. It should be noted that it is extremely important for an arbitrator is to remain fair in the process of arbitration. In this context an article by Taylor Hibma, and eHow Contributor highlighted the role and functions of an arbitrator. The author mainly stressed on the fact that the first and most important function of an arbitrator is to remain neutral, irrespective of any situation. The role and function of an arbitrator are highlighted below:- 1. The arbitrator should remain consistent throughout the process of arbitration. Furthermore he/she should remain absolutely neutral to both the parties. There should not be any biasness in the form of sexual orientation, age, race, age, religion etc. 2. One of the important functions of an arbitrator is to hear the arguments of both the side and decide the outcome accordingly (Hibma and eHow). Therefore decision making is a crucial function of an arbitrator. Works cited Hibma, Taylor and eHow. “What Is the Role of an Arbitrator in Arbitration?” eHow. Demand Media., n.d. Web. 24 Sep. 2012. < http://www.ehow.com/info_8730313_role-arbitrator-arbitration.html?ref=Track2&utm_source=ask>. Works Cited Beaumont, Phil B. Safety at Work and the Unions. London: Routledge, 1983. Print. “Collective Bargaining Process.” Industrialrelations. n.p., n.d. Web. 24 Sep. 2012. Hibma, Taylor and eHow. “What Is the Role of an Arbitrator in an Arbitration?” eHow. Demand Media., n.d. Web. 24 Sep. 2012. “How to Organize a Labor Union at Your Workplace.” Essortment. Demand Media., n.d. Web. 24 Sep. 2012. Kuriloff, Aaron. “NFL Files Unfair-Labor Practices Complaint Against Union in Contract Talks.” Bloomberg. BLOOMBERG L.P., 2011. Web. 24 Sep. 2012. “Labor Management Relations Act of 1947.” Princeton. The Trustees of Princeton University., 2010. Web. 24 Sep. 2012. “Real-Life Examples of Collective Bargaining.” collectivebargainingfacts. AFL-CIO., 2011. Web. 24 Sep. 2012. “The Collective Bargaining Process.” Ilocarib. n.p., n.d. Web. 24 Sep. 2012. Woodman, Spencer. “Walmart accused of firing union organizers in bid to intimidate workers.” The Guardian y 26 July 2012. Web. 24 Sep. 2012. Read More