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Labor unions represent workers interests and the collective bargaining process provides a way to manage the conflict (Noe, 2003). More than ever, union employees have come to see unionizing as a way to achieve an

Negotiation, mediation, and arbitration are all forms of Alternative Dispute Resolution (ADR) that are alternatives that organizations use to avoid litigation in court.  According to Valenti Law, negotiation and mediation are forms of non-binding ADR, while arbitration is a binding ADR (2011).  Since arbitration is a binding ADR, the arbitrator’s decisions are legally binding and cannot be challenged by either party in the arbitration.  “There are limited grounds for challenging the decision” (Valenti Law, 2011).

I feel the labor relations system as currently constituted is effective for resolving disputes as long as both parties are committed to negotiating in good faith. Although, I feel the current system is effective a further explanation of the systems strengths and weaknesses will better explain the effectiveness of resolving disputes. It is in both the companies and the labor interest to negotiate with as little third party interaction to come up with an agreement. In times when there are disputes their different course of action that start from a least costly without giving up power in the decision to the possibility of becoming more costly to either party and give up the power in the decision. As discussed in the text when an organization and labor cannot come up with an agreement a third party may be asked to come in to negotiations to resolve a dispute which includes mediation, fact-finding, and interest arbitration.

They are various employer tactics that interfere with employee’s “freedom of choice in being represented by their chosen advocates”. Unions may not try to influence management to discipline employees who did not join the union or refuse to represent employees because they are not union members. Some differences include that unions may not demand or require that an employer take action against an employer for any reason. A failure to pay union dues is an exception to this rule. Unions are also not allowed to force individuals to pay excessive initiation fees for union membership. In management, employers and unions may negotiate contract clauses requiring union membership as a condition of continued employment, also known as a union shop agreement. Also, employers may not refuse to bargain with an union over issues of pay, hours or other terms and conditions of employment. Furthermore, unions may not influence employees in the exercise of Section 7 rights. Meanwhile, in management an employer may not interfere with an employee engaging in any activity protected by Section 7. (Fossum,

The Labor Unions protect their workers in many different ways people do not know. The Unions make it possible for their members to receive adequate pay better benefits, have left of absences, and have vacation time when you ask and not take the punishment for it. Once you are in the union books it is hard to be fired from it. There is a downside of it, you can be laid off which is not being fired.

Historically, unions have made major improvements in workers’ conditions and wages. There has been legislation in favor of support to unions and worker needs and there has been legislation to restrict union power. The Wagner Act, commonly referred to as the National Labor Relations Act, and the Taft-Hartley Act are two of the many laws created to balance union power. This paper will look at both Acts, the impacts they have had, and what changes could be made to make them more relevant to today’s society.

Supreme Court, repeatedly found unions in violation of the Sherman Antitrust Act, even though that act had been intended to control corporations, not unions” (Murrin et al. 2002:701).

Employees now had the right to strike, and the employer’s retaliatory powers were limited under the act’s unfair labor practice provisions. By legislating the recognition of employee representatives and protecting the right to strike, NLRB forced the employer to share the decision-making power with employees. Employers can’t decide Labor no longer depended on work stoppages to get to the bargaining table or on economic factors to determine its equality. (Carrell, 2010) Therefore, employers can’t change any agreement decision without negotiation with union representatives.

Both of these types of Unions are necessary to protect the rights of the workers from the interests of the corporations who contract

Legislation though out the last century have affected the labor conflicts and have either helped or tested the ILWU. One of the most important pieces of legislation to the ILWU would be the National Industrial Recovery Act (NIRA) section 7a. As Deborah Sonis, an editor, observes that section 7a “gave employees the right to organize and bargain collectively” (n pag.). This act made it possible for the ILWU to bargain collectively, which is one of the main points of the solidarity of the union on the west coast and not just in specific ports. While the NIRA was a help to unions, other legislation was a deterrent to unions. The Taft-Hartley act was created after gains by labor unions in the wake of World War II to benefit the employers. As the author Peter Onley claims “that giving the President the power to stop worker strikes-under threat of financial penalties and imprisonment-could radically shift the balance of power in favor of employers” (n pag.). In 2002, Peter Onley informs that “President Bush acted on October 8 and went to Federal District Court in San Francisco to enjoin the lock-out and open up the ports” (n pag.). The use of the Taft-Hartley could have negatively affected the union but the solidarity was what help the union survive. Other unions should see know what legislation affects them, and have strategies of how to deal with the legislation.

The first law, which supports collective bargaining, is the National Labor Relations Act (NLRA) or the Wagner Act, as it is also called. Robert F. Wagner put this Act into place in 1935, hence the Wagner Act. Prior to this Act taking form, employers were allowed given full control over the outcomes of numerous employees who questioned their labor practices and went on strike as a result. Employees were left without any protection from such occurrences and thus were left with little voice in regards to the terms and employment conditions. Once the Wagner Act was put into place, this labor law provided a significant amount of protection to employees everywhere and gave them the ability to not only participate in unions and collective bargaining, but to also be protected from injustice at the hands of their employers by prohibiting any loss of jobs in the union process.

The key is agreement and sometimes it takes a while before both sides agree. However, workers have an option that they don't even know about and they should know about. The National Labor Relations Act (NLRA) has a clause that just might be the best kept secret in the law labor world. It is called de-authorization. It gives one the option to opt out of linking up with a union when it comes to the condition of employment. It is very easy but nearly impractical for employees to get rid of a union once it is certified as their means of bargaining representative. When it comes to a deauthorization election, it can take place at any given point and time. It does not take away from the union bargaining and it does not take away from the employees

Union benefits the employee by negotiating with their employer as a group to get a higher pays, benefits, better hours, etc. Unionization process is done with employee agreement to agree to use union in representing them in negotiation with employers. The Legal Basis to engage in union activities can be found in the Wagner Act, or National Labor Relations Act, of 1935 (Cascio, 2010). For a company to get unionize, at least signatures from 30 percent of the employees are needed (Lee Smith, 2011).

A union is an organization of workers who join together in order to have a voice in improving their jobs and the quality of work within the organization. In many occasions, unions help employees of an organization negotiate pay, benefits, flexible hours and other work conditions that may arise. Unions have a role because some degree of conflict is inevitable between workers and management (Noe, 2003). In this paper, I will be discussing the impact of unions and labor relations within an organization.

Voluntary or permissive bargaining subjects are those for which an employer or labor organization may choose to bargain, but are not required to do so. Moreover, a refusal to address a voluntary or permissive bargaining subject is not a violation of the NLRA. Some examples include the following: internal union business, inclusion of supervisors in contract, designation of negotiators, marketing strategies, price of employer’s product, use of union labels, and taping or making transcripts of negotiations (Delaney, Sockell, & Brockner, 1988). Yet, illegal subjects of bargaining are unlawful under the NLRA. Some examples include the following: closed-shop clauses, union-shop clauses in right-to-work states, “hot cargo” clauses and provisions that violate the NLRA or federal or state employment laws (Delaney, Sockell, & Brockner, 1988).