The Implications Of Emtract Arbitration's Ability To Employee Fegislation?

Case 5-3, "Did the Company Violate....?", p. 232; and Case 5-5, "Bulletin Board Use", p. 236. Answer the questions at the end of each case in typewritten format, 3 - 5 pages.

With arbitration at impasse, the union faces the prospect of management unilaterally continuing past terms without recourse to some other bargaining weapon.

LEWIN, D., KEEFE, J. H., & KOCHAN, T. A. (2012). THE NEW GREAT DEBATE ABOUT UNIONISM AND COLLECTIVE BARGAINING IN U.S. STATE AND LOCAL GOVERNMENTS. ILR Review, 65(4), 749-778 Retrieved from https://web-b-ebscohost-com.bethelu.idm.oclc.org/ehost/pdfviewer/pdfviewer?vid=4&sid=71a03270-ad95-41f9-a574-414b59891617%40sessionmgr103&hid=101

“It is the refusal of employers to grant such reasonable conditions and to deal with their employees through collective bargaining that leads to widespread labor unrest. The strikes which have broken out… especially in the automobile industry, are due to such “employee trouble.” (Document G)

During our negotiation with D.G. Barnhouse (DGB), we intend to utilize an integrative bargaining strategy with management. Before coming to this conclusion, we weighed the advantages and disadvantages of a distributive approach, however, we eventually decided to take an integrative and predominantly interest based stance versus a position based stance in our negotiations after assessing internal and external environmental factors. In addition, we settled on this strategy because we ultimately believe that management and the union share at the very least, one fundamental common interest, which is the firm’s financial stability. That being said, even with our plans to use integrative bargaining, we still plan to negotiate assertively to achieve

GMFC and Local 384 have been unsuccessful in negotiations and the current contract has just expired. This impasse has caused the first lapse of contract between the organization and the union in fifteen years. It is imperative to both the health of the company and to the job security of the employees to resolve these negotiations quickly. In order to move forward we must fully understand and evaluate the positions of both Local 384, and GMFC. What are the major barriers stopping us from reaching an agreement and what are the underlying issues to these barriers? We must fully evaluate the issues in order to

Remedies available to employers would be an employer can urge strikes that violate a no-strike clause when the strike is over an arbitral issue. But even when an injunction will not be issued, an employer can still recover damages for the breach. This would be a suit under Section 301 (Cihon & Castagnera, 2015).

In 1938, the Fair Labor Standards Act was created to establish a minimum federal wage to serve as a standard wage to reduce poverty and to secure economic growth is shared across the workforce. Today minimum wage is far below its historical levels and loses its value every year due to inflation. The minimum wage workforces are living close to poverty levels, and insist on the government raising the minimum wage. Sometimes the fight to raise the pay for workers goes unnoticed or unheard, so a labor union is formed. With a bargaining union handling the employee’s best interest, the workers usually improve their wages and quality of life. In this paper we will discuss minimum wage laws and labor unions.

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

At 1981, The George A. Hormel Meatpacking Company cut wages from $10.69 to $8.25 to claim the need to remain competitive. Companies threat workers that they either close one plant and then open it at lower wage places or exit the business directly. Local unions like P-9 firstly request that all the workers should stick to $10.69 an hour in ten or fifteen years that we could call its target point. The company didn’t agree, they asserted new member workers the company recruited would be paid two dollars less for the same work, which is different from the P-9 decision. Union P-9 refuses any concessions in the negotiation process at first, which proves it is an over-aspiring negotiator. It reveals its reservation point that keeping the $10.69 at least three years too early because it has absolute confidence to win the negotiation. But actually P-9 Local wrongly assesses the counterparties interests and BANTA and lead to final negotiation failure unavoidably.

If management were to control union operation within the workplace, unions could be eradicated all together as they pose a threat to management being able to make all decisions affecting the workers using their managerial prerogative.

In accordance with DeGiuseppe (2010), the NLRB has fashioned an “open period” through which the present-day agreement discontinues to function as a bar and an opponent federation may organize an election requisition. The rationale of the open period is to offer workforces an opportunity for selecting their bargaining delegates at a logical and foreseeable interlude. Moreover, any application recorded beyond 60 days, but not exceeding 90 days before the terminal date on the prevailing agreement will be opportune. The terminal date is the expiration date of the agreement or, if the agreement period surpasses three years, the final day of the third year. (DeGiuseppe, J., (2010)

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.

The National Labor Relations Act (NLRA) started in July 1935 to protect the rights of employees, rather, they be union or nor-union employees (Pozgar, 2012). The employees are protected under the Act or may employ in bubble-like, rigorous goings-on in situations other than the customary union organizations and cooperative bargaining. The National Labor Relations Board regulates the employers from interfering with the rights of the employees to implement or organize and join with a groups that offers assists with collective bargaining purposes like organization union or joining one (Pozgar, 2012). The employer may not restrain, coerce or stop employees

“Unions now have the same statutory right as agencies to initiate midterm bargaining over issues not previously subject to collective bargaining” ( Midterm Bargaining, 2000).