Federal Law And Public Employee Relations

When constitutional rights and departmental policy have been violated this can be the cause of civil liability claim (AELE Monthly Law Journal, 2007).

The roll of ethics in public administration is based on the administration; administrators should be value-free when they implement public policy. I will discuss why ethics should be based on the administration and, why it should not be based on each individual worker in the administration. I will discuss Weber’s stance on values in bureaucratic organizations, what Macintyre suggests, and what Hummel and Goodsell would conclude about values in public administration. Most people do not understand what an administration deals with everyday on an individual basis. They might think that an administration is supposed to make the best ethical choices, but that is not the case. People who are outside the administration might think that administrators are supposed to use everyday values when implementing policy, but that is also not the case.

The purpose of this paper is to go over a lawsuit that was filled by the United States Equal Employment Opportunity Commission. The paper will cover who the EEOC (Equal Employment Opportunity Commission) is and their role in the lawsuit. It will go over whether or not the lawsuit promotes social change. The paper will also go over how the EEOC as well as other news groups released information about the case to the public. I will then give my take on how I would implement new strategies to make sure the problem does not come up in the workplace again.

Prior to the 1950s, American public sector workers could not join unions. Because of job security and reasonable benefits, it was considered unnecessary for public sector workers to unionize and collectively bargain with their government employers. However, in 1958, Robert F. Wagner, then mayor of New York City, signed an executive order granting city workers the right to unionize. Other local and state legislators followed suit, allowing public sector workers the right to join unions. In 1959, the state of Wisconsin passed the first state law granting the right to public sector collective bargaining after extensive campaigning in the state by the American Federation of State, County and Municipal Employees (Fraser & Freeman, 2011). And in 1962, President John F. Kennedy granted federal employees the right to unionize and collectively bargain. Since then, the expansion of union activity in American government has closely mirrored the decline of union influence and strength in the American private sector (Masters, Albright, & Gibney, 2010)

In 1980, a precedent was set in a Michigan court case involving a man named Charles Toussaint who was suing his employer, BlueCross Blue Shield, for wrongful termination based on the guidelines set in the employee manual (Alfred and Bertsche 33). The manual stated that employees would only be terminated for just cause, and the court decided that Blue Cross had violated the agreements in the employee manual (34). The court also ruled that even with Blue Cross’s efforts to provide a document that “issued non-binding guidelines” the employee manual was a contract and Toussiant was wrongfully terminated (34). After the precedent set by this case many employers and employees for that matter were reviewing their employee manuals for the type of

According to Wayne County Community College District Board of Trustees Policy Manual (2015) it states, “Wayne County Community College District (WCCCD) clearly acknowledges collective bargaining agreements and other Federal, State, and other legal documents which affect the operations, mission, and goals of the community” (p. n.d.). WCCCD downtown campus has offices for the Wayne County Community College Federation of Teachers (AFT) and Wayne County Community College Professional & Administrative Staff (PAS). The positive impact this has made on the governance at WCCCD, is during a district wide conference last year, the members of the WCCCD Federation of Teachers, AFT Local 2000, and the Professional & Administrative Association, AFT Local 4467, rallied with students, parents and members of the community for a Solidarity Walk in Support of our Students (SOS), as they called on WCCCD to improve the educational state of affairs for the students (AFT Michigan, 2014, para. 1). This supports one of five of the Value Statements in the 2015- 2020 Strategic Plan, and it states “Being Accountable -We are accountable to the students who depend on us to provide them with a quality education, to the citizens who support us with their tax dollars, and to the businesses that depend on us to provide them with highly trained employees (Wayne County Community College Strategic Plan 2015-2020, 2015, p. 8).” Whereas, the Chancellor of the District and is responsible for implementing the

The National Labor Relations Board (the Board) has had authority over non-profit, private universities for over forty-five years and on numerous occasions applied remedy to cases involving university faculty. Historically, this type of recognition has been afforded only to faculty, the ability to collectively bargain had not been granted to its graduate student workers and researchers but their desire to unionization is not a new concept (Board: Student Assistants Covered by the NLRA, 2016). Graduate students at public universities

This paper will outline a complaint process and illustrate the civil litigation that could follow if the Equal Employment Opportunity Commission, through mediation and arbitration cannot resolve a charge. The complaint is based on a scenario of an employee, named John. John works for a private sector business and he wishes to lodge a complaint of discrimination against the company he works for. This paper will explain the steps that are taken, from the beginning with the (EEOC), Equal Employment Opportunity Commission. The paper will continue explaining the process by illustrating the civil litigation steps from the state level to the highest level of the United States Supreme Courts.

Colorado is one of nine states in which local school boards have latitude and discretion regarding whether to recognize unions or other organizations as exclusive representatives of employee groups. Of Colorado’s 178 school districts, currently 39 are known to have one or more collective bargaining agreements. The industrial labor model is used in these 39 districts to negotiate education employee pay, benefits, and working conditions, in addition to various union perks and

Unions in America and globally are facing declining numbers compared to thirty years ago. Specifically, the teacher’s union are losing members due to work trends changing and political agendas. For unions to maintain their members they must adapt to current issues and partner strategically. Working conditions are not what they once were and now corporations are doing everything in their power to avoid employees seeking union representation. In this paper, we will discuss the teacher’s union, present day union issues, and the future of unions.

Cowen, 165 F.3d 154, 162 (2d Cir. 1999); Id. at 154 (noting that the judge was mistaken when he presented the Pickering balancing test to the jury to decide)—don’t know if this belongs here?. When an employee’s job involves “confidentiality, policymaking, or public contact,” it is more likely that the state will have a large interest in firing them for statements that would offend their employer. McEvoy v. Spencer, 124 F.3d 92, 103 (2d Cir. 1997) (“holding that the policymaking status of the discharged or demoted employee is very significant in the Pickering balance, but not conclusive”); Rankin, 483 U.S. at 390-91 (noting that the states interest in discharging an employee based on a claim that the statement made by the employee somehow does damage to the public employer’s job, some notice must be given about the concerns of the employee within the

The Court held an employer could not be compelled by the Act to do so if other channels of communication are available that allows the union to reach the employees, provided that the employer does not discriminate against the union by allowing other distributions. The Supreme Court stated that so long as the circumstances of the employment do not "place the employees beyond the reach of reasonable union efforts to communicate with them," respect for the employer 's property rights allow it to prohibit nonemployee access to its property. In doing so, the Court specifically differentiated the access rights of employees from those of nonemployees. The distinction [between employees and nonemployees] is one of substance. No restriction may be placed on the employees ' right to discuss self-organization among themselves unless the employer can demonstrate that a restriction is necessary to maintain production or discipline. Republic Aviation Corp. v. Labor Board, 324 U.S. 793, 803. But no such obligation is owed nonemployee organizers.” Ted Scott and Sara B. Kalis, Littler Mendelson, P.C.1.

The essence of the public-policy exception is that an employee will have a cognizable claim for wrongful discharge if the discharge of the employee contravenes a clear mandate of public policy. Claims for wrongful discharge under the public-policy exception have included termination of employees for: (1) refusal to participate in illegal activity, (2) the employee's refusal to forsake the performance of an important public duty or obligation, (3) the employee's refusal to forego the exercise of a job-related legal right or privilege, (4) the employee's "whistleblowing" activity or other

This report reviews and analyzes individual rights afforded by the constitution and their applicability to the suit for wrongful termination in the case of Korb versus Raytheon. The specific constitutional rights under review are the freedom of speech, freedom of information and challenges associated with employment law. Lawrence Korb, a former Assistant Secretary of Defense and current employee of Raytheon, a large equipment manufacturing company for the U.S. military was terminated after making public statements criticizing defense spending and calling for a reduction of Navy’s fleet. Raytheon, a manufacturer of

The environment, defined by Duncan (1972) as “the totality of physical and social factors that are taken directly into consideration in the decision-making behavior of individuals in the organization” has changed for the Senate. Specifically, the collective bargaining agreement put in place has changed the social structure of the relationship between the faculty and the administration. The previously understood purview of the Senate has been altered by this significant environmental change.