The Pros And Cons Of The Collective Bargaining Process

Organized labor began to rise as the business tycoons and big business owners, "…took advantage of this lawless environment to build fortunes, destroy reputations, exploit both workers and the environment, and gouge consumers" (Shi &Tindall 620). Such acts by the business tycoons prompted many workers to demand higher wages, better working hours, and safer working conditions. As the turn of the 20th Century approached, factories started emerging, and technological innovations since, "The U.S. patents office, which had recorded only 276 inventions during the 1790's, registered almost 250,000 new patents in the 1890's" (Shi &Tindall 622). The inventions led to the advancement of machines in factories as they reduced labor costs, lowered the production costs of certain goods, and essentially creating a widespread mass production of goods. As most individuals began to notice, unfairness among their workplace, they included themselves in certain labor unions including the Knights of Labor (KOL), Industrial Workers of the World (IWW), and the American Federation of Labor (AFL). All three groups had different beliefs: the Knights of Labor included all members whether skilled or unskilled in their group; the AFL rejected Capitalism and focused on working conditions—as they were successful in organized labor; and lastly, the IWW strived for strong industrial unions or Unionism.

The document outlines the pros and cons of labor unions in America. The analysis takes into consideration how unions have improved the working environments for workers, and may continue to do so. The paper considers the power of unions for net social benefit, including the role they play in lobbying lawmakers, using collective bargaining to advocate for employees, and the prevention of abuse and discrimination. The cons of labor unions are also addressed. These drawbacks to labor unions include but are not limited to: decline in competitive advantage for American companies, corruption, potential decrease in productivity, possible reduction in employee motivation, and increased inefficiencies.

The National Labor Relations Board enforces the law by policing unfair labor practices committed by either labor or management. The Board also reviews questions concerning what issues are subject to negotiation under the law. The two most common allegations of unfair labor practices are that the employer has disciplined or discharged players for engaging in union activities and that the employer has refused to bargain in good faith.

While labor relation laws have provided legal stability for employers and employees to exercise and pursue their respective rights and interests, not all conflicts and disputes are resolved based on precedence of law. The National Labor Relations Board (NLRB) enforces the right of employees to engage in concerted activities for mutual aid or protection and takes the position that class and collective action waivers in employment and other agreements are unlawful. Although the National Labor Relations Act (NLRA) provides employees certain rights, some labor relation issues decided by the NLRB have been challenged in some cases and supported in others by the Supreme Court and the United States Courts of Appeals.

Labor Management Relations Act’s goal is to require unions and employers with bargaining relationships to meet with each other and bargain in good faith. Employers have a legal duty to bargain in good faith with their employees' representative and to sign any collective bargaining agreement that has been reached (Walsh, 2013).The National Labor Relations Act of 1935 (NLRA) prescribes the rules for the collective bargaining process. Collective bargaining purpose is to bargain in good faith is an obligation to participate actively in the deliberations so as to indicate a present intention to find a basis for agreement (Cox, 1958). This implies both an open mind and a sincere desire to reach an agreement as well as a sincere effort to reach a common ground.

Numerous companies’ employees are represented by labor unions in negotiating labor contracts. It is essential that both parties negotiate in good faith, whereas the National Labor Relations Act of 1935 (NLRA) encompasses the “Good faith” bargaining of both unions and employers. The good faith bargaining requires each party to show a sincere and honest intent to reach a labor agreement while being reasonable in their bargaining positions, tactics, as well as activities “(Walsh, 2013). When it comes to negotiation, it is unlawful for an employer to refuse to bargain with the representative elected by the employees to represent them (usually a union).

Before this week I truly had no idea what a labor union was or their actual purpose. I remember hearing family and friends speak on labor unions and may have received some biased opinions concerning the topic along the way. I have never been directly affected or forced to join a labor union which is reason to why I have never showed much interest.

The rise of capitalism as the dominant economic system in the United States made the rise of unions inevitable; given the natural division between those with capital that control the means of production, and labor, who is treated simply as another factor of production (Hodson & Sullivan, 2008). While labor unions have made significant improvements to the working environment, with the regulation of safety, environment, labor and wage; labor unions have also contributed to the decline of U.S. dominance in industries like steel, automotive, education and airlines. In today’s global economy, can labor unions continue to be a force for good in the United States, or have they become harmful institutions?

Being a part of a group or an association that you pay into as a worker should have benefits that can help you continue to improve their lives. The benefit of having someone speak up for you could be better pay, better health benefits, and being better treated in the work place. Collective bargaining, while not being a guarantee, can help gain these benefits. It is the process of negotiations between representatives of workers and management to determine the conditions of employment. The collectively determined agreement may cover compensation, hiring, practices, layoffs, promotions, working conditions and hours, worker discipline, and benefit programs. So since the discovery of

While a valid collective bargaining agreement is in effect, and while the parties are bargaining but have not yet reached an impasse, the employer may not unilaterally change a term of employment that is a mandatory subject of bargaining. But once the parties have reached an impasse, the employer may unilaterally implement its proposed changes, provided that it had previously offered the changes to the union for

With the passing of the National Labor Relations Act by Congress in 1935 private sector employees were given the right to unionize and bargain collectively. Essentially this was a format for employees to improve their wages and working conditions. This ended up allowing the States to then decide if public sector employees were going to receive the same rights as private employees and be able to unionize and bargain collectively for their working conditions. To simply define public employees they represent workers at every government level. Basically teachers, firefighters, police officers, postal workers and any other employee of the government at any level that you can think of that provides services such as healthcare, education, and sanitation.

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

In the U.S. labor relations, a group of employees who desire to bargain collectively rather than individually, are those who typically form a union (Dooley, 1957). This demonstrates to the employer that the majority of its employees support the union and the organizing process begins. First, employees cannot form a union without abiding by certain basic procedural steps and legal standards that are required. Decisions to vote against or for a union are based on factors such as satisfaction with their job, beliefs of the effectiveness of the union, and the culture or social environment in which the employee works. Next, when an employer exerts undue punishment to an employee who the employer suspects as being an illegal alien, this may be poor public policy. From a legal perspective, a recent federal court case, Singh v. Jutla & C.D. & R. Oil, Inc., 214 F. Supp. 2d 1056 (N.D. Cal. 2002) spoke to this issue. In this case, when the plaintiff Singh filed a wage claim under the Fair Labor Standards Act (FLSA), the employer fired him and reported him to INS as an illegal alien (Labor Law, 1969). Likewise, the union certification process which was established by the National Labor Relations Act (NLRA) in 1935 was a victory for workers waning union representation upon its initial implementation. Workers could petition the National Labor Relations Board (NLRB) for a determination made democratically of whether a majority of workers favored unionization (Labor Law, 1969). This effort

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).

David Brody argues that the rise of contractual or collective bargaining relationships during the post WWII era formalized the relationship between employers and unions. The use of collective bargaining agreements to resolve workplace disputes weakened unions and the power of workers. Other actions, such as using collection bargaining as a form of substitution for direct action and using it instead of the strike for grievance and arbitration procedure served , also has weakened the unions and the power of workers. The rise of contractual or collective bargaining relationships changed the dynamic of the workplace, shifting the power from the union side to towards the employers. The perspective could best be argued suing Weber’s theory and