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Union Security and the Right to Work Laws: Is Coexistence Possible?
William & Mary Law Review Volume 2 (1959-1960) Issue 1 Article 3 October 1959 Union Security and the Right to Work Laws: Is Coexistence Possible? J. T. Cutler Follow this and additional works at: https://scholarship.law.wm.edu/wmlr Part of the Labor and Employment Law Commons Repository Citation J. T. Cutler, Union Security and the Right to Work Laws: Is Coexistence Possible?, 2 Wm. & Mary L. Rev. 16 (1959), https://scholarship.law.wm.edu/wmlr/vol2/iss1/3 Copyright c 1959 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmlr UNION SECURITY AND RIGHT-TO-WORK LAWS: IS CO-EXISTENCE POSSIBLE? J. T. CUTLER THE UNION STRUGGLE At the beginning of the 20th Century management was all powerful and with the decision in Adair v. United States1 it seemed as though Congress was helpless to regulate labor relations. The Supreme Court had held that the power to regulate commerce could not be applied to the labor field because of the conflict with fundamental rights secured by the Fifth Amendment. Moreover, an employer could require a person to agree not to join a union as a condition of his employment and any legislative interference with such an agreement would be an arbitrary and unjustifiable infringement of the liberty of contract. It was not until the first World War that the federal government successfully entered the field of industrial rela- tions with the creation by President Wilson of the War Labor Board. Upon being organized the Board adopted a policy for- bidding employer interference with the right of employees to organize and bargain collectively and employer discrimination against employees engaging in lawful union activities2 . -
Governing Body 323Rd Session, Geneva, 12–27 March 2015 GB.323/INS/5/Appendix III
INTERNATIONAL LABOUR OFFICE Governing Body 323rd Session, Geneva, 12–27 March 2015 GB.323/INS/5/Appendix III Institutional Section INS Date: 13 March 2015 Original: English FIFTH ITEM ON THE AGENDA The Standards Initiative – Appendix III Background document for the Tripartite Meeting on the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), in relation to the right to strike and the modalities and practices of strike action at national level (revised) (Geneva, 23–25 February 2015) Contents Page Introduction ....................................................................................................................................... 1 Decision on the fifth item on the agenda: The standards initiative: Follow-up to the 2012 ILC Committee on the Application of Standards .................. 1 Part I. ILO Convention No. 87 and the right to strike ..................................................................... 3 I. Introduction ................................................................................................................ 3 II. The Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) ......................................................................... 3 II.1. Negotiating history prior to the adoption of the Convention ........................... 3 II.2. Related developments after the adoption of the Convention ........................... 5 III. Supervision of obligations arising under or relating to Conventions ........................ -
6' POLICY RESEARCH WORKING PAPER 1515 Public Disclosure Authorized
Wes 6' POLICY RESEARCH WORKING PAPER 1515 Public Disclosure Authorized Indonesia's labor market in Indonesia the I 990s is characterized by rising labor costs, reduced Labor Market Policies and worker productivity,and increasingindustrial unrest. Public Disclosure Authorized International Competitiveness The main problem is generous, centrally Nisha Agrawal mandated, but unenforceable worker benefits. Legislation encouraging enterprise-level collective bargaining might help reduce some of the costs associated with worker unrest. Public Disclosure Authorized Bacground paper for World Development Report 1995 Public Disclosure Authorized The World Bank Office of the Vice President Development Economics September 1995 POIjCY RESEARCH WORKING PAPER 15 15 Summary findings Indonesia's labor market in the 1990s is characterized by would be a hefty 12 percent of the wage bill. The other rising labor costs, reduced worker productivity, and problem is that the government has greatlv limited increasing industrial unrest. The main problem is organized labor, viewing it as a threat to political and generous, centrally mandated, but unenforceable worker economic stability. benefits. Legislation encouraging enterprise-level This approach of mandating benefits centrally through collective bargaining might help reduce some of the costs legislation without empowerinig workers to enforce associated with worker unrest. compliance with the legislation (or negotiate their own Policy measures Indonesia adopted in 1986 led to a benefits packages with employers) -
GLOSSARY of COLLECTIVE BARGAINING TERMS and SELECTED LABOR TOPICS
GLOSSARY of COLLECTIVE BARGAINING TERMS and SELECTED LABOR TOPICS ABEYANCE – The placement of a pending grievance (or motion) by mutual agreement of the parties, outside the specified time limits until a later date when it may be taken up and processed. ACTION - Direct action occurs when any group of union members engage in an action, such as a protest, that directly exposes a problem, or a possible solution to a contractual and/or societal issue. Union members engage in such actions to spotlight an injustice with the goal of correcting it. It further mobilizes the membership to work in concerted fashion for their own good and improvement. ACCRETION – The addition or consolidation of new employees or a new bargaining unit to or with an existing bargaining unit. ACROSS THE BOARD INCREASE - A general wage increase that covers all the members of a bargaining unit, regardless of classification, grade or step level. Such an increase may be in terms of a percentage or dollar amount. ADMINISTRATIVE LAW JUDGE – An agent of the National Labor Relations Board or the public sector commission appointed to docket, hear, settle and decide unfair labor practice cases nationwide or statewide in the public sector. They also conduct and preside over formal hearings/trials on an unfair labor practice complaint or a representation case. AFL-CIO - The American Federation of Labor and Congress of Industrial Organizations is the national federation of unions in the United States. It is made up of fifty-six national and international unions, together representing more than 12 million active and retired workers. -
Bay Area Apprenticeship Guidebook
Alameda • Contra Costa • Marin • Napa • San Fransisco • San Mateo • Santa Clara • Solano Bay Area Construction Apprenticeship Guidebook Bay Area Construction Apprenticeship Guidebook View online at www.ctwi-btca.org Produced by Construction Trades Workforce Initiative, with the generous support and collaboration of many organizations and individuals. We would especially like to thank the many union apprenticeship coordinators and training directors across the region who contributed information and reviewed content, as well as pre-apprenticeship leaders who prepared materials for their organizations’ profiles. Key Partners Alameda County Building Contra Costa Napa-Solano & Construction Trades Building & Construction Building & Construction Council Trades Council Trades Council Bay Area Oakland Apprenticeship Coordinators Workforce Development Association Board Special thanks to Jon Bersche and the City of Seattle for providing the model for this project, and for so graciously granting permission to adapt some of their materials. On the Cover Juju Ruiz is a union sheet metal apprentice currently working on installing ductwork for the new BART headquarters near Lake Merritt in Oakland. Although she loved the idea of working in construction, she was unsure about how to pursue this career path. After enrolling and graduating from Rising Sun Center for Opportunity’s all-female MC3 pre-apprenticeship program, Women Building the Bay, Juju felt prepared to enter the construction trades. Now, she feels empowered as a mother and career woman to support her family doing work that she is passionate about. Dear Valued Community Members, Far too many people in the Bay Area are unaware of career opportunities in the union construction trades. As the non-profit partner of the Building and Construction Trades Councils in Alameda, Contra Costa, Napa and Solano counties, Construction Trades Workforce Initiative (CTWI) is the regional leader in bridging the gap between organized labor and community stakeholders. -
The Legal and Political Implications of Placing Paid Union Organizers in the Employer's Workplace Victor J
Hofstra Labor and Employment Law Journal Volume 16 | Issue 1 Article 1 1998 Salting the Mines: the Legal and Political Implications of Placing Paid Union Organizers in the Employer's Workplace Victor J. Van Bourg Ellyn Moscowitz Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/hlelj Part of the Law Commons Recommended Citation Van Bourg, Victor J. and Moscowitz, Ellyn (1998) "Salting the Mines: the Legal and Political Implications of Placing Paid Union Organizers in the Employer's Workplace," Hofstra Labor and Employment Law Journal: Vol. 16: Iss. 1, Article 1. Available at: http://scholarlycommons.law.hofstra.edu/hlelj/vol16/iss1/1 This document is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Labor and Employment Law Journal by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. Van Bourg and Moscowitz: Salting the Mines: the Legal and Political Implications of Placin HOFSTRA LABOR & EMPLOYMENT LAW JOURNAL Volume 16, No. 1 Fall 1998 ARTICLES SALTING THE MINES: THE LEGAL AND POLITICAL IMPLICATIONS OF PLACING PAID UNION ORGANIZERS IN THE EMPLOYER'S WORKPLACE* Victor J. Van Bourg** Ellyn Moscowitz*** Mr. Chairman .... Thank you for Mr. Chairman, I rise to strongly the opportunity to speak today. I oppose H.R. 3246, mistakenly am here to discuss the serious called the Fairness for Small Busi- * This article was made possible, in part, by a summer research grant from Chapman Uni- versity School of Law, while Ellyn Moscowitz was an Associate Professor of Law there. -
A Century of Struggle
A Century of Struggle To mark the 100th anniversary of the formation of the American Federation of Labor, the National Museum of American History of the Smithsonian Institution invited a group of scholars and practitioners "to examine the work, technology, and culture of industrial America . " The conference was produced in cooperation with the American Federation of Labor and Congress of Industrial Organizations . The excerpts on the following pages are drawn from papers and comments at that conference, in the Museum's Carmichael Auditorium, November IS and 16, 1986. Mary Kay Rieg, Olivia G. Amiss, and Marsha Domzalski of the Monthly Labor Review provided editorial assistance. Trade unions mirror society in conflict between collectivism and individualism A duality common to many institutions runs through the American labor movement and has marked its shifting fortunes from the post-Civil War period to the present ALICE KESSLER-HARRIS ideology of American trade unions as they developed in Two competing ideas run through the labor movement, as and post-Civil War period. It also tells us something of their they have run through the American past. The first is the the The conglomeration of unions that formed the Na- notion of community-the sense that liberty is nurtured in impact . Union and the 15,000 assemblies of the an informal political environment where the voluntary and tional Labor of Labor responded to the onslaught of industrial- collective enterprise of people with common interests con- Knights the Civil War by searching for ways to reestablish tributes to the solution of problems . Best characterized by ism after of interest that was threatened by a new and the town meeting, collective solutions are echoed in the the community organization of work. -
Shop Steward Glossary
The Shop Steward Glossary Canadian Labour Congress CanadianLabour.CA The Shop Steward Glossary Across-the-board adjustment Change in pay rates made for all employees in a workplace or particular group. Adjudication The equivalent to grievance arbitration; a method under the Public Service Employee Relations Act of providing a settlement of disputes arising out of the terms of any Agreement. Affiliated union A union which is a member of a group of unions. Affirmative action Affirmative action is a comprehensive strategy whose aim is to establish the same percentage of minority group members and women at all levels of the workplaces and unions as there are in the general population. Agency shop A clause in a collective agreement similar to the Rand Formula. Agreement, collective A contract (agreement and contract are interchangeable terms) between one or more unions, acting as bargaining agent, and one or more employee covering wages, hours, working conditions, fringe benefits, rights of workers and union, and procedures to be followed in settling disputes and grievances. Arbitration A method of settling disputes through the intervention of a third party whose decision is final and binding. Such a third party can be either a single arbitrator, or a board consisting of a chairperson and one or more representatives. Arbitration is often used to settle major grievances and for settling contract interpretation disputes. Voluntary arbitration is that agreed to by the parties without statutory compulsion. Compulsory arbitration is that imposed by law. Governments sometimes impose it to avoid a strike or end one. Assessments Special charges levied by unions to meet particular financial needs. -
Restoring Equity in Right-To-Work Law
Restoring Equity in Right-to-Work Law Catherine L. Fisk & Benjamin I. Sachs* Introduction ..................................................................................................................... 857 I. Reading Section 14(b) ................................................................................................. 860 II. A Genuine Right to Be Nonunion .......................................................................... 866 III. Removing the Obligation to Represent Nonmembers for Free ...................... 874 Conclusion ........................................................................................................................ 879 INTRODUCTION Under United States labor law, when a majority of employees in a bargaining unit choose union representation, all employees in the unit are then represented by the union and the union must represent all of the employees equally.1 Twenty-four states, however, have enacted laws granting such union-represented employees the right to refuse to pay the union for the services the union is legally obligated to provide.2 Although the name prompts strong objection from union supporters, these laws are known as “right-to-work” laws. Right-to-work laws have been around for decades,3 but they have come to national prominence again as another round of states has enacted the legislation. Michigan—a state with relatively high levels of union density4—enacted a right-to- work statute in 2012, and Indiana became a right-to-work state in 2010.5 As a * The authors are, respectively, Chancellor’s Professor of Law, University of California, Irvine School of Law, and Kestnbaum Professor of Labor and Industry, Harvard Law School. Professor Fisk thanks Daniel Schieffer, and Professor Sachs thanks Ani Gevorkian for excellent research assistance. 1. National Labor Relations Act § 9, 29 U.S.C. § 159(a) (2012). 2. Right to Work Resources, NAT’L CONF. ST. LEGISLATURES, http://www.ncsl.org/issues -research/labor/right-to-work-laws-and-bills.aspx (last visited Sept. -
The NLRB Takes Notice to the Max in Paramax Dennis M
Hofstra Labor and Employment Law Journal Volume 11 | Issue 1 Article 1 1993 The NLRB Takes Notice to the Max in Paramax Dennis M. Devaney Susan E. Kehoe Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/hlelj Part of the Law Commons Recommended Citation Devaney, Dennis M. and Kehoe, Susan E. (1993) "The NLRB Takes Notice to the Max in Paramax," Hofstra Labor and Employment Law Journal: Vol. 11: Iss. 1, Article 1. Available at: http://scholarlycommons.law.hofstra.edu/hlelj/vol11/iss1/1 This document is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Labor and Employment Law Journal by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. Devaney and Kehoe: The NLRB Takes Notice to the Max in Paramax HOFSTRA LABOR LAW JOURNAL Volume 11, No. 1 Fall 1993 ARTICLES THE NLRB TAKES NOTICE TO THE MAX IN PARAMAX Dennis M. Devaney with Susan E. Kehoe*" I. OVERVIEW A. Paramax and its Significance In a departure from the traditional interpretation of Section 8(b)(1)(A) of the National Labor Relations Act,' the National Labor * BA., M.A., University of Maryland; J.D., Georgetown University; Member, National Labor Relations Board. ** BA., Trinity College; M.A., ID., Tulane University; Assistant Chief Counsel to Member Dennis M. Devaney of the National Labor Relations Board. 1. Section 8(b)(1)(A) of the National Labor Relations Act provides that- [i]t shall be an unfair labor practice for a labor organization or its agents - (1) to restrain or coerce (A) employees in the exercise of the rights guaranteed in Section 7: Provided, That this paragraph shall not impair the right of a labor orga- nization to prescribe its own rules with respect to the acquisition or retention of Published by Scholarly Commons at Hofstra Law, 1993 1 Hofstra Labor and Employment Law Journal, Vol. -
Collective Bargaining Agreement the Regional Transportation District
Collective Bargaining Agreement 2018-2021 by and between The Regional Transportation District David A. Genova, General Manager and CEO and Amalgamated Transit Union Local 1001 Julio X. Rivera, President and Business Agent TABLE OF CONTENTS MASTER AGREEMENT ............................................................................................... 10 ARTICLE I ..................................................................................................................... 10 GENERAL PROVISIONS ............................................................................................. 10 SECTION 1 ................................................................................................................... 10 MANAGEMENT-UNION RELATIONS .......................................................................... 10 SECTION 2 ................................................................................................................... 10 TERM OF AGREEMENT .............................................................................................. 10 SECTION 3 ................................................................................................................... 11 RECOGNITION AND BARGAINING UNIT ................................................................... 11 SECTION 4 ................................................................................................................... 11 ADDITIONAL AGREEMENTS BETWEEN THE PARTIES .......................................... 11 SECTION 5 .................................................................................................................. -
Nber Working Paper Series the Surprising Retreat Of
NBER WORKING PAPER SERIES THE SURPRISING RETREAT OF UNION BRITAIN John Pencavel Working Paper 9564 http://www.nber.org/papers/w9564 NATIONAL BUREAU OF ECONOMIC RESEARCH 1050 Massachusetts Avenue Cambridge, MA 02138 March 2003 The views expressed herein are those of the author and not necessarily those of the National Bureau of Economic Research. ©2003 by John Pencavel. All rights reserved. Short sections of text not to exceed two paragraphs, may be quoted without explicit permission provided that full credit including ©notice, is given to the source. The Surprising Retreat of Union Britain John Pencavel NBER Working Paper No. 9564 March 2003 JEL No. J5 ABSTRACT After expanding in the 1970s, unionism in Britain contracted substantially over the next two decades. This paper argues that the statutory reforms in the 1980s and 1990s were of less consequence in accounting for the decline of unionism than the withdrawal of the state’s indirect support for collective bargaining. The principal goal of the reforms was to boost productivity so the paper examines the link between unions and productivity finding only a small association by the end of the 1990s. Private sector unionism has become highly decentralized which renders it vulnerable to the vagaries of market forces. John Pencavel Department of Economics Stanford University Stanford, California 94305-6072 The Surprising Retreat of Union Britain John Pencavel* I. Introduction An assessment of unionism in a society may be organized around three classes of questions: do unions produce a better distribution of income in society?; do unions contribute to a more efficient society?; and do unions enhance a society’s “social capital”?1 The first two questions are the familiar distributional and efficiency considerations that figure in any interesting economic question.