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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 ........................ -
Federal Labor Relations Statutes: an Overview
Federal Labor Relations Statutes: An Overview Alexandra Hegji Analyst in Social Policy November 26, 2012 Congressional Research Service 7-5700 www.crs.gov R42526 CRS Report for Congress Prepared for Members and Committees of Congress Federal Labor Relations Statutes: An Overview Summary Since 1926, Congress has enacted three major laws that govern labor-management relations for private sector and federal employees. An issue for Congress is the effect of these laws on employers, workers, and the nation’s economy. The Bureau of Labor Statistics estimates that, nationwide, 14.8 million employees are union members. In the 112th Congress alone, more than 30 bills were introduced to amend federal labor relations statutes. The proposals ranged from making union recognition without a secret ballot election illegal to further modifying runoff election procedures. These legislative activities, and the significant number of employees affected by federal labor relations laws, illustrate the current relevance of labor relations issues to legislators and their constituents. The three major labor relations statutes in the United States are the Railway Labor Act, the National Labor Relations Act, and the Federal Service Labor-Management Relations Statute. Each law governs a distinct population of the U.S. workforce. The Railway Labor Act (RLA) was enacted in 1926, and its coverage extends to railway and airline carriers, unions, and employees of the carriers. The RLA guarantees employees the right to organize and collectively bargain with their employers over conditions of work and protects them against unfair employer and union practices. It lays out specific procedures for selecting employee representatives and provides a dispute resolution system that aims to efficiently resolve labor disputes between parties, with an emphasis on mediation and arbitration. -
Negotiating the Crisis? Collective Bargaining in Europe During the Economic Downturn
Working Paper No. 10 International Labour Office Geneva Negotiating the crisis? Collective bargaining in Europe during the economic downturn Vera Glassner Maarten Keune With support from the European Union March 2010 Industrial and Employment Relations Department (DIALOGUE) Working Paper No. 10 Negotiating the crisis? Collective bargaining in Europe during the economic downturn Vera Glassner and Maarten Keune Industrial and Employment Relations Department International Labour Office • Geneva March 2010 Copyright © International Labour Organization 2010 First published 2010 Publications of the International Labour Office enjoy copyright under Protocol 2 of the Universal Copyright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. For rights of reproduction or translation, application should be made to ILO Publications (Rights and Permissions), International Labour Office, CH-1211 Geneva 22, Switzerland, or by email: [email protected]. The International Labour Office welcomes such applications. Libraries, institutions and other users registered in the United Kingdom with the Copyright Licensing Agency, 90 Tottenham Court Road, London W1T 4LP [Fax: (+44) (0)20 7631 5500; email: [email protected]], in the United States with the Copyright Clearance Center, 222 Rosewood Drive, Danvers, MA 01923 [Fax: (+1) (978) 750 4470; email: [email protected]] or in other countries with associated Reproduction Rights Organizations, may make photocopies in accordance with the licences issued to them for this purpose. __________________________________________________________________________________________ ILO Cataloguing in Publication Data Glassner, Vera; Keune, Maarten Negotiating the crisis? collective bargaining in Europe during the economic downturn / Vera Glassner and Maarten Keune ; International Labour Office. - Geneva: ILO, 2010 1 v. -
Facilities for Trade Union Officials and Members to Exercise Their Rights – a Comparative Review 02 03
Facilities for trade union officials and members to exercise their rights – A comparative review 02 03 Table of Contents Introduction: The background of the project......................................................................................................................7 The freedom of association and the right to organize as a matrix...............................................................................9 Part I: General Part.............................................................................................................................................................17 European and international law...........................................................................................................................................17 Comparative labour law........................................................................................................................................................21 Protection against acts of anti-union discrimination......................................................................................................21 Belgium.....................................................................................................................................................................................21 Denmark..................................................................................................................................................................................22 France.......................................................................................................................................................................................23 -
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 .................................................................................................................. -
The Framework of Democracy in Union Government
The Catholic University of America, Columbus School of Law CUA Law Scholarship Repository Scholarly Articles and Other Contributions Faculty Scholarship 1982 The Framework of Democracy in Union Government Roger C. Hartley The Catholic University of America, Columbus School of Law Follow this and additional works at: https://scholarship.law.edu/scholar Part of the Labor and Employment Law Commons, and the Law and Politics Commons Recommended Citation Roger C. Hartley, The Framework of Democracy in Union Government, 32 CATH. U. L. REV. 13 (1982). This Article is brought to you for free and open access by the Faculty Scholarship at CUA Law Scholarship Repository. It has been accepted for inclusion in Scholarly Articles and Other Contributions by an authorized administrator of CUA Law Scholarship Repository. For more information, please contact [email protected]. THE FRAMEWORK OF DEMOCRACY IN UNION GOVERNMENT* Roger C. Hartley** TABLE OF CONTENTS I. Introduction ................................................. 15 II. Broad Contours of the Framework .......................... 18 A. The Dual Union Governments .......................... 18 B. Causes of Doctrinal Fragmentation ...................... 20 III. Unions' Assigned Societal Functions ......................... 26 A. The Roots of Ambivalence .............................. 26 1. English and Colonial American Historical and Legal Precedent ............................................ 26 2. Competing Values Raised in the Conspiracy Trials 28 B. Subsequent Forces Conditioning the Right to Assert G roup Interests ......................................... 30 1. Informal Worker Control of Group Conduct ......... 31 2. The Development of Business Unionism ............. 32 a. Worker Political Movements ..................... 32 b. Cooperative Movements .......................... 32 c. The Ascendancy of the Union Movement ........ 33 3. Recognition of the Need for Unions as a Countervailing Force ................................ 34 a. Emergence of Corporate Power ................. -
Procedures for Establishing a Dual Gate System
PROCEDURES FOR ESTABLISHING A DUAL GATE SYSTEM WWW.AGCMASS.ORG Procedures for Establishing a Dual Gate System 888 Worcester Street, Suite 40 Wellesley, MA 02482-3708 781/235-2680 Fax: 781/235-6020 www.agcmass.org INTRODUCTION The procedure to follow in establishing a dual gate has been developed to assist member firms, both union and open shop, in effectively providing for a mixed job site with minimal exposure to costly job shutdowns caused by potential labor problems. The practice of having both union and open shop firms working side-by- side on the same site is widespread throughout the industry. Construction trade unions are able to place economic pressure on project owners and general contractors by picketing non-signatory contractors. Unless a specific legally established procedure is followed, these pickets could cause signatory firms’ employees from crossing the picket line, thereby shutting down the job. In many cases, the unions have a legally protected right to picket. Dual gates provide a practical, low-cost method of minimizing the impact of these pickets. This guide is intended to provide a step-by-step approach to establishing dual gates and should be used in conjunction with assistance from Associated General Contractors of Massachusetts – (781) 235-2680 – and legal counsel. Remember to call AGC for a review of each individual situation – it’s one service of your membership. AGC of Massachusetts wishes to acknowledge the efforts of the California chapter of AGC in developing many of the guidelines for this publication. DEFINITIONS Dual Gate, Reserved Gate, Two Gate System is a procedure under the National Labor Relations Act, which isolates a disputing union and employer, thereby allowing other neutral contractors to continue working. -
Michigan Laborlabor Law:Law: Whatwhat Everyevery Citizencitizen Shouldshould Knowknow
August 1999 A Mackinac Center Report MichiganMichigan LaborLabor Law:Law: WhatWhat EveryEvery CitizenCitizen ShouldShould KnowKnow by Robert P. Hunter, J. D., L L. M Workers’ and Employers’ Rights and Responsibilities, and Recommendations for a More Government-Neutral Approach to Labor Relations The Mackinac Center for Public Policy is a nonpartisan research and educational organization devoted to improving the quality of life for all Michigan citizens by promoting sound solutions to state and local policy questions. The Mackinac Center assists policy makers, scholars, business people, the media, and the public by providing objective analysis of Michigan issues. The goal of all Center reports, commentaries, and educational programs is to equip Michigan citizens and other decision makers to better evaluate policy options. The Mackinac Center for Public Policy is broadening the debate on issues that has for many years been dominated by the belief that government intervention should be the standard solution. Center publications and programs, in contrast, offer an integrated and comprehensive approach that considers: All Institutions. The Center examines the important role of voluntary associations, business, community and family, as well as government. All People. Mackinac Center research recognizes the diversity of Michigan citizens and treats them as individuals with unique backgrounds, circumstances, and goals. All Disciplines. Center research incorporates the best understanding of economics, science, law, psychology, history, and morality, moving beyond mechanical cost/benefit analysis. All Times. Center research evaluates long-term consequences, not simply short-term impact. Committed to its independence, the Mackinac Center for Public Policy neither seeks nor accepts any government funding. It enjoys the support of foundations, individuals, and businesses who share a concern for Michigan’s future and recognize the important role of sound ideas. -
Issue No. 45, August, 1977
NUMBER 45 AUGUST 1977 TWENTY CENTS Defend pickets, bans, closed shops o Ilrightll to scab!I From the massive open-cut mines of t·he Pilbara to rai sed by the SUA) working shorter hours at no loss in the wharves of Queensland, the recent outbreak of pay plus full parity at the highest international level. class battles has manifested the bourgeoisie~s deter The legislative attacks on union rights have been mination to cripple the trade-union movement. The tory accompanied by an increasingly shrill propaganda cam governments of Charles Court in West Australia and Joh paign to whip up pOPlliar anti-union sentiment. During Bjelke-Petersen in Queensl and have spearheaded a the Mt Newman strike in West Australia, Court sent let deliberate campaign of open provocation and repressive ters to every householder in the Pilbara encouraging legislation designed to strip organised labour of its their involvement in "restoring industrial peace" -- at only effective weapon against the bosses: the ability a government eXPense of over $800! Following mass to organise and effect a shutdown of production. The union mobilisationsin defence of the arrested Fre closed shop and the right to picket have been threat mantle pi cketers, over 2000 avowedly middl e-class ened by legislative attacks and a barrage of propaganda marchers, organised by a liberal Party member, demon in the bosses' press aimed at mobilising an anti-union strated against "irresponsible unionism" in Perth. And hysteria and glorifying common scabs as heroic "rebels" during the Fremantle conflict, a little-known Women's and "victims" of the "powerful", "militant" unions. -
1.3 Recent Board & Department of Labor Activity on Union Organizing
ABOUT THE AUTHORS Michael G. Pedhirney is a shareholder in the San Francisco office of Littler Mendelson, P.C., the largest U.S.-based law firm exclusively devoted to representing management in labor and employment law. Michael focuses on the representation of management in a broad range of labor and employment law matters, particularly collective bargaining and matters before the National Labor Relations Board (NLRB). In addition to appearing in state and federal courts and before the NLRB, Michael also represents employers in collective bargaining and handles arbitrations and mediations. Karen A. Sundermier, in her current role as a Knowledge Management Counsel for Littler, helped design Littler LaborSmart™, an interactive, online tool that allows in-house legal and labor relations professionals to access all of their company’s collective bargaining agreements in a structured, searchable database. The tool allows companies to swiftly identify and compare language for contract administration, grievance, and negotiation purposes. Prior to turning her focus to offering strategic and innovative legal service solutions, Karen represented employers in a broad spectrum of employment and labor matters and assisted employers with representation elections and collective bargaining as a Littler associate and in- house employment counsel. She currently serves as an editor for Littler’s publications on labor relations topics. © 2018 LITTLER MENDELSON, P.C. ALL RIGHTS RESERVED. i COVERAGE Scope of Discussion. This publication explains union election procedures and the NLRB’s role in overseeing elections. It also explores NLRB precedent on objectionable conduct by different parties that may result in election results being overturned. Also included is information concerning actions employers are permitted to take and are prohibited from taking in advance of and in response to union organizing drives. -
A Union Representative's Perspective of Declining Union Membership
A Service of Leibniz-Informationszentrum econstor Wirtschaft Leibniz Information Centre Make Your Publications Visible. zbw for Economics Rivers, Melvin J.; Truitt, Tim Article A union representative's perspective of declining union membership International Journal of Management, Economics and Social Sciences (IJMESS) Provided in Cooperation with: International Journal of Management, Economics and Social Sciences (IJMESS) Suggested Citation: Rivers, Melvin J.; Truitt, Tim (2014) : A union representative's perspective of declining union membership, International Journal of Management, Economics and Social Sciences (IJMESS), ISSN 2304-1366, IJMESS Int'l Publishers, Houston, TX, Vol. 3, Iss. 3, pp. 125-143 This Version is available at: http://hdl.handle.net/10419/102314 Standard-Nutzungsbedingungen: Terms of use: Die Dokumente auf EconStor dürfen zu eigenen wissenschaftlichen Documents in EconStor may be saved and copied for your Zwecken und zum Privatgebrauch gespeichert und kopiert werden. personal and scholarly purposes. Sie dürfen die Dokumente nicht für öffentliche oder kommerzielle You are not to copy documents for public or commercial Zwecke vervielfältigen, öffentlich ausstellen, öffentlich zugänglich purposes, to exhibit the documents publicly, to make them machen, vertreiben oder anderweitig nutzen. publicly available on the internet, or to distribute or otherwise use the documents in public. Sofern die Verfasser die Dokumente unter Open-Content-Lizenzen (insbesondere CC-Lizenzen) zur Verfügung gestellt haben sollten, If the documents have been made available under an Open gelten abweichend von diesen Nutzungsbedingungen die in der dort Content Licence (especially Creative Commons Licences), you genannten Lizenz gewährten Nutzungsrechte. may exercise further usage rights as specified in the indicated licence. http://creativecommons.org/licenses/by-nc/3.0/ www.econstor.eu © International Journal of Management, Economics and Social Sciences 2014, Vol.