Union Representative Case

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

The United States Supreme Court, as well as federal district and state courts, defines employee rights and an employer’s liability for employment law violations. Treatment on the job, including hiring, firing, and promotions, must be based on qualifications and merit and not on race, gender, age, sexual preference or how one responds to sexual advances. Yet despite these laws and policies, many employees continue to suffer from workplace harassment and employment discrimination.

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,

While the public opinion towards unions has softened in the recent years, unions still face a monumental task in trying to regain, or even maintain membership levels. In order to maintain their current proportion of the workforce, unions must organize 300,000 workers a year. In order to even begin to approach the

Today, millions of American workers are denied their rights to consider forming a union since the process of voting on union formation has been corrupted. This has become an urgent crisis and a barrier to workers’ rights because they are frequently intimidated, harassed and even fired by their companies, which is blocking their freedoms and abilities to bargain for a better future. Therefore, the Organized Labour has made the Employee Free Choice Act, which helps workers remedy those problems from their employers. For further detail, a brief review of what the Employee Free Choice Act is and why it is important for workers’ rights follows.

After research, the case I have chosen for my law review assignment is, Amanda Hawkins et.al v. Anheuser-Busch, Inc. This case peaks my interest because it occurs in a manufacturing environment with a union presence. This is where the majority of my work experience lies. The four defendants in this case propagate claims of sex-discrimination, retaliation, sexual harassment and a hostile work environment (Amanda Hawkins et.al v. Anheuser-Busch, Inc., 2007). The individual at the center of the allegations was terminated, only to be reinstated by the union after a six month suspension. I understand why unions were created and the need for them at the time. However, it has been my experience that when working in a union environment, an organization’s

Your thoughts about companies would not want to share information with their employees that there are resources available is a spot on description. SPLC and DOL thought me and became aware about my civil rights I’ve learned that each citizen of this country (US) should know their individual rights. I’ve shared this information to my friends who are nurses and scientist at the party, they were thankful to me. They have learned simple things but have impacted their life. I would say, “Ignorance of the law excuses no one” (John Selden) not all knows the laws, it is imperative to share information to the people who we care to protect them from being abuse at their workplace.

The idea of employee rights involves many complex issues. An employee’s right to a workplace free of discrimination and harmful environmental factors is obvious. Yet, other issues surrounding privacy, personal expression, and communication monitoring are not

Unions have a considerable impact on the payment and work of both unionized and non-unionized workers. This report presents current data on unions’ effect on wages, fringe benefits, total compensation, pay inequality, and workplace protections. Unions not only improve workers’ benefits, they also contribute to due process and provide a voice for workers at the workplace and in the United States as a whole. Since the formations of unions they have

Today, many businesses and organizations collaborate with the labor unions whether by choice or not. As generally understood the labor unions are organizations of workers acting jointly to negotiate their wages, working environment, and benefits with there employers. Like many nations globally, in the U.S. the subordinate employees are legally allowed to establish unions and engage in collective bargains with the management. Following the collective bargains there is always the establishment of the labor contract, which is a written agreement that governs the union-management relations (Workplace Fairness Organization, 2017). Though the labor relations are a common thing today and offer many benefits to the members, many people are still reluctant to join their respective labor unions.

What would you advise the independent living home management to do about unionization? Should it oppose unionization?

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.

Without this union representation, the danger of appalling work conditions, unlivable minimum wages and 70-hour work weeks may develop to become a part of the working America's future, much like it was in the past. Now and in the future, labor unions will remain an important player for this nation’s work force and quality of life for those families (Lott, 2013). America's employed families need this type of representation and fair treatment in the workplace that they deserve.

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.

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