Wages and Work Practices in Union and Open Shop
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The Employer's "Good Faith" Bargaining Duty--A Troublesome Test in the Taft-Hartley Act
Case Western Reserve Law Review Volume 17 Issue 5 Article 11 1966 The Employer's "Good Faith" Bargaining Duty--A Troublesome Test in the Taft-Hartley Act Francis A. King Follow this and additional works at: https://scholarlycommons.law.case.edu/caselrev Part of the Law Commons Recommended Citation Francis A. King, The Employer's "Good Faith" Bargaining Duty--A Troublesome Test in the Taft-Hartley Act, 17 W. Rsrv. L. Rev. 1390 (1966) Available at: https://scholarlycommons.law.case.edu/caselrev/vol17/iss5/11 This Note is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Law Review by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. 1390 WESTERN RESERVE LAW REVIEW [Vol. 17:1390 The Employer's "Good Faith" Bargaining Duty- A Troublesome Test in the Taft-Hartley Act A CHARGE FREQUENTLY LEVELED against employers in proceed- ings before the National Labor Relations Board is the refusal to bargain in good faith as required by sections 8(a) (5) and 8(d) of the Labor Management Relations Act (LMRA) of 1947.1 Since approximately one-third of all cases heard by the NLRB involve refusal-to-bargain charges,2 it is important for an employer to know what activities on his part will give rise to such a charge. This is increasingly true in light of recent decisions requiring the employer to bargain over such issues as subcontracting, plant removal, and other activities -
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 . -
Trade Unionism in Sweden
Discussion papers DP/109/1999 Trade unionism Labour in Sweden and Society Programme Reinhold Fahlbeck P.O. Box 6 CH-1211 Geneva 22 Tel.004122/7998496 Fax. 004122/7998542 E-mail: [email protected] The International Institute for Labour Studies was established in 1960 as an autonomous facility of the International Labour Organization (ILO). Its mandate is to promote policy research and public discussion on emerging issues of concern to the ILO and its constituents labour, business and government. The Labour and Society Programme examines the outlook for labour at the beginning of the new millennium in the light of changes at the workplace and in society at large. Focusing initially on organized labour, the programme seeks to identify approaches and strategies to enhance the profile of labour as a major actor in civil society, and as a contributor to dynamic and equitable growth. Specifically, the programme will review the changing environment of labour and unions; document trade union responses to these changes; highlight promising approaches for trade unions in civil society and the global economy in future; and outline the type of policy and institutional environment required for the growth of free and effective trade unions. This work is undertaken in close collaboration with international and national trade union organizations and international trade secretariats, and will be implemented through networks consisting of trade union practitioners, academics, research institutes and other policymakers. These networks, both international and regional, will also be a means of disseminating research outcomes to a wider audience. The Discussion Paper Series presents the preliminary results of research undertaken by the IILS. -
Government Mandated Labor Agreements in Public Construction
GOVERNMENT MANDATED LABOR AGREEMENTS IN PUBLIC CONSTRUCTION Their History and Factors to Consider Table of Contents The History of Government Mandated Labor Agreements in the Construction Industry . 1 Government Mandated Labor Agreements In Public Construction: Factors to Consider . 7 THE HISTORY OF GOVERNMENT MANDATED LABOR AGREEMENTS IN THE CONSTRUCTION INDUSTRY How Public Officials and Their Representatives Have Changed The Purposes and Effects of Construction Project Labor Agreements What are Construction Project Labor Agreements? Project labor agreements are unique to the construction industry. Unlike collective bargaining agreements between other industrial employers and their unions, collective bargaining agreements in the construction industry usually apply only to work performed by signatory contractors in specified counties or other well-defined geographic areas. Project labor agreements are even more specialized and focus on one particular construction project. They are often referred to as “prehire” agreements because they are usually negotiated between construction contractors and one or more building trade union in advance of submitting a bid for the project, and before anyone is actually hired to perform the work. The terms and conditions of a project labor agreement generally: (1) apply to all work performed on a specific project or at a specific location, (2) require recognition of the signatory union(s) as the exclusive bargaining representatives for covered workers, whether or not the workers are union members, (3) supersede all other collective bargaining agreements, (4) prohibit strikes and lockouts, (5) require hiring through union referral systems, (6) require all contractors and subcontractors to become signatory to the agreement, (7) establish standard work rules, hours and dispute resolution procedures and (8) establish wages and benefits. -
KEEPING MINNEAPOLIS an OPEN SHOP TOWN the Citizens' Alliance in the 1930S
KEEPING MINNEAPOLIS AN OPEN SHOP TOWN The Citizens' Alliance in the 1930s Lois Quam and Peter J. Rachleff SINCE the Industrial Revolution, workers have organ forces—it relied on various "carrots"—pensions, vaca ized to build unions. Maintaining and expanding these tions, insurance, and even company unions. At the unions, however, has called for even greater organ same time, employer organization itself was strength ization. Employers responded to solidarity in kind, but ened, ranging in size and power from trade associations they united in order to resist and repel unionization. that worked with Secretary of Commerce (and later Usually, the two parties' strengths have been in inverse President) Herbert C. Hoover to locally based organi relation: a period in which employers have been well zations committed to keeping their communities and organized has typically found workers' groups to be their industries nonunion.' weak, and vice versa. When both sides were well orga No local employers' group achieved greater notoriety nized the consequences were dramatic. than the Minneapolis Citizens' Alliance (CA). Class- By the early 20th century, opposition to unions took conscious industrialists, merchants, and lawyers had on increasingly organized form. A nationwide "open worked together in the City of Lakes during the 1917-18 shop drive" between 1902 and I9I7 threatened unions trolley strikes. Over the course of the 1920s, they from the building trades to the metal shops. After a strengthened their organization and assumed the lead brief truce during World War I, employers introduced ership of the entire Minneapolis business community. the "American Plan," geared both to driving out exist By the early 1930s they had gained nationwide atten ing unions and to forestalling any new efforts. -
Capitalist Meltdo-Wn
"To face reality squarely; not to seek the line of least resistance; to call things by their right names; to speak t�e truth to the masses, no matter how bitter it may be; not to fear obstacles; to be true in little thi�gs as in big ones; to base one's progra.1!1 on the logic of the class struggle;. to be bold when the hour of action arrives-these are the rules of the Fourth International." 'Inequality, Unemployment & Injustice' Capitalist Meltdo-wn Global capitalism is currently in the grip of the most The bourgeois press is relentless in seizing on even the severe economic contraction since the Great Depression of smallest signs of possible "recovery" to reassure consumers the 1930s. The ultimate depth and duration of the down and investors that better days are just around thecomer. This turn remain to be seen, but there are many indicators that paternalistic" optimism" recalls similar prognosticationsfol point to a lengthy period of massive unemployment in the lowing the 1929 Wall Street crash: "Depression has reached imperialist camp and a steep fall in living standards in the or passed its bottom, [Assistant Secretary of Commerce so-called developing countries. Julius] Klein told the Detroit Board of Commerce, although 2 'we may bump along' for a while in returningto higher trade For those in the neocolonies struggling to eke out a living levels " (New Yo rk Times, 19 March 19 31).The next month, on a dollar or two a day, this crisis will literally be a matter in a major speech approved by President Herbert Hoover, of life and death. -
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. -
Louisiana Afl-Cio Union Members' Opinions Regarding Participation, Satisfaction and Leadership
Louisiana State University LSU Digital Commons LSU Historical Dissertations and Theses Graduate School 1978 Louisiana Afl-Cio Union Members' Opinions Regarding Participation, Satisfaction and Leadership. Margaret Mary Stevens Louisiana State University and Agricultural & Mechanical College Follow this and additional works at: https://digitalcommons.lsu.edu/gradschool_disstheses Recommended Citation Stevens, Margaret Mary, "Louisiana Afl-Cio Union Members' Opinions Regarding Participation, Satisfaction and Leadership." (1978). LSU Historical Dissertations and Theses. 3217. https://digitalcommons.lsu.edu/gradschool_disstheses/3217 This Dissertation is brought to you for free and open access by the Graduate School at LSU Digital Commons. It has been accepted for inclusion in LSU Historical Dissertations and Theses by an authorized administrator of LSU Digital Commons. For more information, please contact [email protected]. INFORMATION TO USERS This material was produced from a microfilm copy of the original document. While the most advanced technological means to photograph and reproduce this document have been used, the quality is heavily dependent upon the quality of the original submitted. The following explanation of techniques is provided to help you understand markings or patterns which may appear on this reproduction. 1. The sign or "target" for pages apparently lacking from the document photographed is "Missing Page(s)". If it was possible to obtain the missing page(s) or section, they are spliced into the film along with adjacent pages. This may have necessitated cutting thru an image and duplicating adjacent pages to insure you complete continuity. 2. When an image on the film is obliterated with a large round black mark, it is an indication that the photographer suspected that the copy may have moved during exposure and thus cause a blurred image. -
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 2017 ITUC Global Rights Index the WORLD's WORST
THE WORLD'S WORST COUNTRIES FOR WORKERS The 2017 ITUC Global Rights Index | 4 The International Trade Union Confederation (ITUC) is a confederation of national trade union centres, each of which links trade unions of that particular country. It was established on 1 November 2006, bringing together the organisations which were formerly affiliated to the ICFTU and WCL (both now dissolved) as well as a number of national trade union centres which had no international affiliation at the time. The new Confederation has 340 affiliated organisations in 163 countries and territories on all five continents, with a membership of 181 million, 40 per cent of whom are women. It is also a partner in “Global Unions” together with the Trade Union Advisory Committee to the OECD and the Global Union Federations (GUFs) which link together national unions from a particular trade or industry at international level. The ITUC has specialised offices in a number of countries around the world, and has General Consultative Status with the Economic and Social Council of the United Nations. The 2017 ITUC Global Rights Index | 6 Foreword .............................................9 ASIA .................................................. 70 Bangladesh ....................................... 71 Part I ..................................................13 Cambodia .......................................... 71 The 2017 Results ...............................14 China ................................................ 72 The ITUC Global Rights Index ...............19 Fiji