Glossary of Labour Terms
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Industrial Action
Dewi Hardiningtyas, ST, MT, MBA Industrial Action LOGO Source of Industrial Conflict Internal External Style of management Economic policy Physical environment Labor legislation Social relationship Political issue Other facilities National crisis Grievance Social inequalities Industrial Action Industrial action refers collectively to any measure taken by trade unions or other organized labor meant to reduce productivity in a workplace. UK, Ireland and Australia Industrial action US Job action I L O Standards Convention No. 87 the right of trade unions as organizations of workers set up to further and defend their occupational interests (Article 10), to formulate their programs and organize their activities (Article 3). This means that unions have the right to negotiate with employers and to express their views on economic and social issues affecting the occupational interests of their members. J.-M. Servais, “ILO standards on freedom of association and their implementation”, International Labor Review, Vol. 123(6), Nov.–Dec. 1984, pp. 765–781. Types of Industrial Action Occupation Strike Work-to-Rule of Factories General Overtime Slowdown Strike Ban 1. Strike Strike action (labor strike) is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Wildcat Strike (Poole, 1980) This form of strike is in violation of contract and not authorized by the union because no reason or notice is given to employer before embarking 2009, Lindsay Oil on it. Refinery strike Sit-down Strike (Poole, 1980) This is type of strike involve workers being present at work but literally not working. 1930, Flint sit-down strike by the United Auto workers Constitutional vs Unconstitutional Strike (Poole, 1980) Constitutional Strike Unconstitutional Strike This refers to actions that This is a strike action that conform to the due does not conform to the procedure of the collective provisions of the collective agreement. -
Smart Constitution
2014 CONSTITUTION AND RITUAL – 1 OUR UNION · OUR MEMBERS · OUR STRENGTH ST SMART GENERAL CONVENTION SMART CONSTITUTION AND RITUAL REVISED AND AMENDED BY AUTHORITY OF THE 1ST SMART GENERAL CONVENTION Held in Las Vegas, Nevada | AUGUST 11–15, 2014 INTERNATIONAL ASSOCIATION OF SHEET METAL, AIR, RAIL AND TRANSPORTATION WORKERS And Affiliated Local Unions, State, District, Provincial And Regional Councils General Officers of the International Association of Sheet Metal, Air, Rail and Transportation Workers Joseph J. Nigro John Previsich General President President Transportation Division Joseph Sellers, Jr. General Vice President General Secretary-Treasurer John J. Risch III Bruce W. Word General Vice Prestident/U.S. National 1st General Vice President Legislative Director Ronald H. Whatley David Wier 2nd General Vice President General Vice President David C. Zimmermann Vice President/International Representative 3rd General Vice President John E. Lesniewski Mark Curtis General Vice President 4th General Vice President Vice President/International Representative Patrick C. Landgraf Troy Johnson 5th General Vice President General Vice President Vice President/International Representative Derek Evans John England 6th General Vice President General Vice President Joseph B. Powell Vice President/International Representative 7th General Vice President Norm L. Whiteman 8th General Vice President John Helak 9th General Vice President Arthur B. Tolentino 10th General Vice President Rocco Terranova 11th General Vice President General Office Address United -
Eigen-Sherwyn-63.3
Eigen & SHERWYN_21 (F. VALDEZ) (Do Not Delete) 3/26/2012 5:22 PM A Moral/Contractual Approach to Labor Law Reform Zev J. Eigen* and David Sherwyn** When laws cease to operate as intended, legislators and scholars tend to propose new laws to replace or amend them. This Article posits an alternative: offering regulated parties the opportunity to contractually bind themselves to behave ethically. The perfect test case for this proposal is labor law, because (1) labor law has not been amended for decades, (2) proposals to amend it have failed for political reasons and are focused on union election win rates and less on the election process itself, (3) it is an area of law already statutorily regulating parties’ reciprocal contractual obligations, and (4) moral means of self-regulation derived from contract are more likely to be effective when parties have ongoing relationships like those between management and labor organizations. The Article explains how the current law and proposed amendments fail because they focus on fairness as a function of union win rates, and then outlines a plan to leverage strong moral contractual obligations and related norms of behavior to create as fair a process as possible for employees to vote unions up or down. * Assistant Professor of Law, Northwestern University School of Law. The Authors thank Nicholas Menillo, Cornell Law School 2012, for his outstanding research. Please address all correspondence to the Authors at [email protected]. ** Associate Professor, Cornell University. [695] Eigen & SHERWYN_21 (F. VALDEZ) (Do Not Delete) 3/26/2012 5:22 PM 696 HASTINGS LAW JOURNAL [Vol. -
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 . -
A Survey of Perception of Members of the Use of Industrial Action In
A SURVEY OF PERCEPTION OF MEMBERS OF THE USE OF INDUSTRIAL ACTION IN RESOLVING LABOUR DISPUTES AMONG SELECTED TRADE UNIONS IN THE EDUCATION SECTOR IN KISUMU COUNTY OUMA ONYANGO A Management Research Project Submitted in Partial Fulfillment of the Requirement for the Award of the Degree of Master of Business Administration (MBA) School of Business, University of Nairobi October, 2012 DECLARATION This Management Research Project is my original work and has not been presented for award of a degree in the University of Nairobi or any other University. Signed ………………………………………………. Date …………………………… NAME: OUMA ONYANGO Registration Number: D61/63516/2010 This Management Project has been submitted for examination with my approval as University Supervisor. Signed ………………………………………………. Date ……………………………... NAME: MR. GEORGE OMONDI Lecturer School of Business University of Nairobi i DEDICATION This Management Project is dedicated to my late father, Julius Tertius Ouma, whose belief in the power of education has lived in me up to this day, and my late mother Helen Akeyo Lamba, whose perseverance and humility motivated me. ii ACKNOWLEDGEMENT I am grateful to God for seeing me through the entire period of my study and research project. I owe my supervisor Mr. George Omondi special thanks for his immeasurable support and guidance. His positive criticism greatly enhanced and enriched this study. His uncompromising stance on quality and detail greatly motivated me. Special thanks go to my Human Resource Seminar course instructor Professor Peter K’Obonyo of the University of Nairobi for recognizing and appreciating the effort I gave the course thereby inspiring me to further my studies. Lastly, my deep gratitude goes to my family, friends and well-wishers for the belief they have in me. -
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. -
Trade-Union Policy Between the Wars the Case of Holidays with Pay in Britain*
STEPHEN G. JONES TRADE-UNION POLICY BETWEEN THE WARS THE CASE OF HOLIDAYS WITH PAY IN BRITAIN* Most standard histories of Britain between the wars refer to the develop- ment of holidays with pay, albeit briefly. It is widely acknowledged that by the end of the 1930's the majority of the British working population benefited from a paid holiday. The crucial initiative, so it is claimed, was the Holidays with Pay Act of 1938, which gave Parliamentary approval to the principle of payment of wages during holidays.1 Clearly the growth of paid holidays is seen as yet another instance of a more affluent Britain, an integral element of the growth of leisure.2 However, there has been very little detailed discussion of the paid-holiday-policy option and the precise reasons for the formulation and implementation of that policy. This neglect is rather surprising given the popular support for this "fringe benefit", which was perceived as providing a certain degree of financial security during the annual break from the rigours of work. It is true that there has been more specialised treatment, but even this is of a general nature, with little reference to the industrial and political struggle for holidays with pay.3 * I would like to thank Dr M. E. Rose, Professor A. E. Musson and members of the Editorial Board for their helpful comments. 1 See C. L. Mowat, Britain Between the Wars 1918-1940 (London, 1955), p. 501; D. H. Aldcroft, The Inter-War Economy: Britain, 1919-1939 (London, 1970), p. 366; N. Branson and M. -
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. -
3.70.120 Work Stoppage Prohibited [STRIKES]
3.70.120 Work stoppage prohibited [STRIKES]. A. Employees may not engage in strikes, slow downs or intentional work disruptions. Upon a finding by the mayor that employees are engaging or about to engage in a strike or other activity prohibited by this chapter, the municipal attorney may petition to the Superior Court for an injunction, restraining order, or such other order as may be appropriate. B. Prohibited acts by employees and employee representatives. No employee, employee organization, bargaining representative, labor union, association or officer thereof shall engage in, cause, instigate, encourage or condone a strike, slowdown, walkout or other form of voluntary unauthorized work disruption [COLLECTIVE WORK ACTION] against the municipality. [REGARDING ANY SERVICE SPECIFIED IN SECTION 3.70.110.A.1. NO SUCH PERSON OR ORGANIZATION SHALL TAKE SUCH ACTION WITH RESPECT TO SERVICES SPECIFIED IN SECTION 3.70.110.A.2 OR A.3 PRIOR TO COMPLETION OF THE PROCESS DESCRIBED IN SECTION 3.70.110.C OR THEREAFTER, IF THE COURT DETERMINES THAT SUCH ACTION HAS BEGUN TO THREATEN THE HEALTH, SAFETY OR WELFARE OF THE PUBLIC.] The municipality shall not engage in a lockout or other procedure designed to prevent willing employees from working. No party shall cause, instigate or encourage a strike by refusing to bargain in good faith over mandatory subjects as defined in this Code. C. [B] Prohibited acts by supervisory personnel. No person exercising on behalf of the municipality any authority, supervision or direction over an employee may authorize, approve, condone or consent to a strike, slowdown, walkout or other form of voluntary unauthorized work disruption by employees. -
ILO Company-Union Dialogue: an Operational Tool of the Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy (MNE Declaration)
ILO Company-Union Dialogue: An operational tool of the Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy (MNE Declaration) Questions and Answers Multinational Enterprises and Enterprise Engagement Unit May 2021 ILO/MULTI/May 2021 The ILO company-union dialogue is intended to support “dialogues involving multinational enterprises and the representatives of the workers affected, in particular trade unions, on the application of the principles of the Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy (MNE Declaration).” The provisions establishing this facility stress that “dialogue lies at the heart of the MNE Declaration” and that the “ILO, as the global authority on international labour standards, is uniquely placed to support or facilitate such dialogues as part of its overall strategy to promote the uptake of the principles of the MNE Declaration by the various parties.” Therefore, “where a company and a union voluntarily agree to take advantage of using the facilities of the International Labour Office to meet and talk, without prejudice, the Office will provide a neutral ground for discussion of issues of mutual concern.”1 This Q&A document provides information on various aspects of the company-union dialogue and explains how the facility operates in practice. It is based on actual questions received. 1. Types of possible ILO support What kinds of support can the ILO provide through the company-union dialogue? o The ILO can provide one or more of the following types of support: a). provide a neutral ground for parties to engage in meaningful dialogue; b). provide input during company–union dialogue as a technical or expert adviser to inform the company–union dialogue; c). -
Labor Law. Freedom of Speech. Employer's Statement of Open
THE UNIVERSITY OF CHICAGO LAW REVIEW Labor Law-Freedom of Speech-Employer's Statement of Open-Shop Policy or Issuance of Anti-union Literature as Unfair Labor Practice-[Federal].-The decisions of two circuit courts of appeals have raised several questions with respect to the National Labor Relations Act:x (i)Does the act prohibit non-coercive statements of opinion by an employer intended to influence his employees in respect to unioniza- tion activities? (2) Under what circumstances will a statement which on its face is non- coercive be regarded as coercive? (3)Does prohibition of such statements violate the employer's right to freedom of speech? In one case an employer, almost immediately after a unionization drive was begun, enclosed in each pay envelope a statement of open-shop policy. Shortly thereafter, plant operations were decreased, employees active in the organizational movement were discharged, and a company union was fostered. The National Labor Relations Board found that under the surrounding circumstances, the declaration of policy, "de- signed to discourage organizational efforts," was an unfair labor practice under Section 8(i)2 of the National Labor Relations Act.3 On petition by the board to the Circuit Court of Appeals for the Third Circuit for a decree enforcing its cease and desist order, held, that there was substantial evidence to sustain the board's findings. Decree of en- forcement granted. NLRB v. Elkland Leather Co.4 In the other case, an employer dis- tributed to his employees literature which criticized and argued against unions. In ad- dition, employees engaged in organizational activities were discharged, and physical force was used to prevent pro-union literature from being distributed. -
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.