Studying Work in Theory and Practice
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Reconciling Collective Bargaining with Employee Supervision of Management
University of Pennsylvania Law Review FOUNDED 1852 Formerly American Law Register VOL. 137 NOVEMBER 1988 No. 1 ARTICLES RECONCILING COLLECTIVE BARGAINING WITH EMPLOYEE SUPERVISION OF MANAGEMENT MICHAEL C. HARPERt I. INTRODUCTION A. The Challenge of Industrial Democracy The realities of economic organization in modern industrial states pose a critical dilemma for all who care about democratic ideals. Tech- nological developments and attendant complicated divisions of work have enabled these states to transform their citizens' standards of living; such developments have also, however, brought hierarchical economic organizations' that are unresponsive to the influence of most individual employees. A society that claims to be democratic cannot ignore this t Professor of Law, Boston University. The author wishes to thank participants in faculty workshops at Boston University and Northeastern University law schools, as well as Thomas Kohler, for their comments on an earlier draft of this Article. I also wish to thank Lori Bauer for her research assistance. I I See M. WEBER, THE THEORY OF SOCIAL AND ECONOMIC ORGANIZATION 245-48 (T. Parsons ed. 1947). 2 UNIVERSITY OF PENNSYLVANIA LAW REVIEW [Vol. 137:1 condition.' Enhancing individuals' control over their own lives requires institutions that will facilitate democratic decisionmaking about eco- nomic production as well as governmental authority. This Article contributes to thought about such institutions by inte- grating two potentially conflicting strategies to mitigate modern hierar- chical -
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. -
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. -
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. -
Total of 10 Pages Only May Be Xeroxed
CENTRE FOR NEWFOUNDLAND STUDIES TOTAL OF 10 PAGES ONLY MAY BE XEROXED (WithOUI Author's Pe.f11'\ illi0fl) The Evolution of Fish Trades Associations and Their Changing Role in the Collective Bargaining Process in Newfoundland and Labrador By Paul G. Grant Submitted to the School of Graduate Studies in partial fulfilment of the requirements for the degree of Master of Marine Studies Memorial University ofNewfoundland St. John's, Newfoundland June 30, 2003 Library and Bibliotheque et 1+1 Archives Canada Archives Canada Published Heritage Direction du Branch Patrimoine de !'edition 395 Wellington Street 395, rue Wellington Ottawa ON K1A ON4 Ottawa ON K1A ON4 Canada Canada Your file Votre reference ISBN: 0-494-09923-2 Our file Notre reference ISBN: 0-494-09923-2 NOTICE: AVIS: The author has granted a non L'auteur a accorde une licence non exclusive exclusive license allowing Library permettant a Ia Bibliotheque et Archives and Archives Canada to reproduce, Canada de reproduire, publier, archiver, publish, archive, preserve, conserve, sauvegarder, conserver, transmettre au public communicate to the public by par telecommunication ou par I' Internet, preter, telecommunication or on the Internet, distribuer et vendre des theses partout dans loan, distribute and sell theses le monde, a des fins commerciales ou autres, worldwide, for commercial or non sur support microforme, papier, electronique commercial purposes, in microform, et/ou autres formats. paper, electronic and/or any other formats. The author retains copyright L'auteur conserve Ia propriete du droit d'auteur ownership and moral rights in et des droits meraux qui protege cette these. this thesis. Neither the thesis Ni Ia these ni des extraits substantiels de nor substantial extracts from it celle-ci ne doivent etre imprimes ou autrement may be printed or otherwise reproduits sans son autorisation. -
In the Matter of United States of America BEFORE the FEDERAL
United States of America BEFORE THE FEDERAL SERVICE IMPASSES PANEL In the Matter of UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, CENTER FOR DISEASE CONTROL AND PREVENTION, ATLANTA, GA And Case No. 19 FSIP 056 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 2883 ❑ECISION AND ORDER This case, filed by the U.S. Department of Health and Human Services, Center for Disease Control and Prevention, Atlanta, Ga.(Agency or Management) on July 2, 2019, concerns a dispute over 3 articles in the parties' successor collective-bargaining agreement(CBA) and was filed pursuant to 5 U.S.C. §7119 of the Federal Service Labor-Management Relations Statute. The American Federation of Government Employees, Local 2883(Union) represents approximately 350 employees in medical and non-medical positions. The mission of the Agency is to protect public health and safety through the control and prevention of disease, injury, and disability in the United States and internationally. The American Federation of Government Employees, Local 2883(Union) represents approximately 2,000 bargaining-unit employees in a variety of positions at the Agency's Atlanta and Miami facilities. The parties are signatory to a collective bargaining agreement(CBA) that expired on July 17, 2017. The agreement rolls over on an annual basis. The Federal Service Impasses Panel (Panel) asserted jurisdiction over this dispute in the manner discussed below. BARGAINING AND PROCEDURAL HISTORY The parties had seven weeks of bilateral negotiations between October 2017 and November 2018. They received the assistance of the Federal Mediation and Conciliation Services(FMCS) for 3 days in January 2019. During this time, the Union alleged that five of Management's articles contained permissive topics of negotiations that the Union had no obligation to bargain over. -
Precarious Work and Human Rights
International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations 8 Rampe du Pont Rouge, Petit Lancy, CH-1213 Geneva, Switzerland Tel : +41 22 793 22 33 ; Fax : +41 22 793 22 38 ; e-mail :[email protected]; www.iuf.org Precarious Work: Undermining Human Rights Any meaningful investigation of the relationship between business and human rights must address the rights impact of the accelerating dissolution of what the ILO and others refer to as the "standard employment relationship" (i.e. direct, permanent employment) and the rise of precarious work. This note does not attempt to account for the role of institutions like the World Bank and the OECD in pushing for even more precarious work relations, rewarding and rating countries for their efforts to abolish direct employment. Agriculture, which still has the world's largest work force, is almost entirely built on precarious labour, and there is a vital connection between this and the fact that agricultural workers who help to feed the world are often among the most food insecure. The relationship between poverty and deepening inequality, and the growth of precarious work in rich and poor countries alike, has been well documented. The purpose here is to highlight a phenomenon which has not received the attention it requires, i.e. the increasingly widespread use of indirect, precarious employment relations to weaken trade union organization and bargaining power. It is in this context that precarious work emerges as a fundamental human rights issue demanding a strong response rooted in a comprehensive human rights framework. The ILO defines the standard employment relationship in these terms: The traditional pattern of the employment relationship, or standard employment relationship, has for many years been that of full time work, under a contract of employment for unlimited duration, with a single employer, and protected against unjustified dismissal. -
19 Deregulation and Attacks Against Collective Bargaining Have
global worker | special report Text: Jenny Holdcroft Deregulation and attacks against collective bargaining have contributed to a huge rise in global inequality. Harnessing union power for achieving industry level agreements is crucial in the fight for living wages and against precarious work. 1 19 global worker | special report Industry bargaining under attack Market fundamentalism, that destructive ideology which still dominates policy A typical pair of jeans made making despite its role in causing the in Bangladesh retails for global economic crisis, remains the major driver of labour market deregulation and anywhere between US$30 decentralization of collective bargaining. and US$50, or more for These policies have led directly to the a prestige brand. But the decrease in collective bargaining coverage, and the consequent increase in income worker who makes them only inequality. receives 10 cents. A 2013 report by the European Commission found that bargaining with multiple employers was the best guarantee to Portugal and other European countries of broad bargaining coverage. It also found in economic difficulty. In May 2014, a overwhelming evidence of a trend towards report by the European Foundation for decentralization of collective bargaining, the Improvement of Living and Working beginning in the 1980s and accelerating Conditions (Eurofound) found that in during the economic crisis. the countries hardest hit by the crisis (Greece, Portugal, Ireland and Spain) the decentralization of collective bargaining 2 was accelerated. Massive declines in collective bargaining Today the world’s richest one per cent coverage have been witnessed in the UK, own 50 per cent of the world’s wealth. Australia and New Zealand where right- Staggeringly, the richest 85 people in the wing governments introduced legislation world possess the same amount of wealth designed to curb union power by as the world’s poorest 50 per cent. -
Interest Based Bargaining: Innovating from the Basics
International Journal of Business and Social Science Vol. 3 No. 9; May 2012 Interest Based Bargaining: Innovating from the Basics Boniface Michael Assistant Professor California State University, Sacramento (CSUS) 6000 J Street Sacramento, CA, 95819, USA. Rashmi Michael Research Associate Human Resources and Organizational Behavior Place (HROB Place) 730 Agostini Circle Folsom, CA, 95630, USA. Abstract This paper examines the usefulness of IBB, a relatively recent innovation to collective bargaining, around its ability to result in mutual gains in three areas: the strengthening of the role of unions, economic or bread and butter issues relating to employment terms and conditions and joint employees and employers problem solving on strategic workplace issues. While the research reviewed mostly confirms that IBB results in innovative joint problem solving by employees and employers that support strategic issues; on strengthening of the institution of unions and on economic or bread and butter issues, the usefulness of IBB is contested. On bread and butter economic issues pertaining to terms of employment the view is that IBB results more in concessions for unions. Also, constituents view the quest of common interests by their negotiators suspiciously and so IBB’s intraorganizational bargaining capability is considered limited. Finally, on the issue of strengthening of the role of unions, research is inconclusive. Key words: role of unions, economic issues, strategic issues 1. Introduction Since the early the 1920s, Collective Bargaining (CB) has experienced a number of changes. These changes have often been due to a mix of internal workplace and external environmental forces. The setting up of War Labor Boards and arbitration under the Protocol of Peace (Cutcher-Gershenfeld, Kochan and Wells, 2001; Jacoby, 1983; Mitchell, 1983) are two examples of such changes to CB. -
Excerpts from Employee Discipline Text by Van Keating, Esq
Excerpts from Employee Discipline Text by Van Keating, Esq. Introduction This book assumes that the reader’s workplace is unionized. Grievance and arbitration provisions are standard parts of the collective bargaining agreements. Before every disciplinary action, management should review carefully not only the rule violation or other infraction provision, but also the grievance and arbitration procedures. It is a good practice to keep the contract immediately available for reference. The organization of the material is chronological, from the concept of management rights to arbitration, but each section can stand on its own. One need not read the entire manual, but rather can focus on the most relevant portions. The rights of management Statutory framework Public sector collective bargaining is codified in Ohio Revised Code Sections (RC) 4117 et seq. RC 4117.08 addresses subjects appropriate for collective bargaining. RC 4117.08(C) reads: “The employer is not required to bargain on subjects reserved to the management and discretion of the governmental unit except as affect wages, hours, terms and conditions of employment, and the continuation, modification, or deletion of an existing provision of a collective bargaining agreement.” RC 4117.08(C)(5) reads: It is a management right of the employer to “… suspend, discipline, demote or discharge for just cause, or lay off, transfer, assign, schedule, promote or retain employees.” Management rights Management rights are often referred to as “reserved rights.” Management, possessing the right to manage, reserves its right to do so unless it limits its right by some specific provision of the collective bargaining agreement. Unions may argue that the rights of management are not so broad. -
The Negotiations Process and Structures
Cornell University ILR School DigitalCommons@ILR Articles and Chapters ILR Collection 2015 The Negotiations Process and Structures Harry C. Katz Cornell University, [email protected] Thomas A. Kochan Massachusetts Institute of Technology Alexander Colvin Cornell University, [email protected] Follow this and additional works at: https://digitalcommons.ilr.cornell.edu/articles Part of the Collective Bargaining Commons, International and Comparative Labor Relations Commons, Labor Economics Commons, and the Unions Commons Thank you for downloading an article from DigitalCommons@ILR. Support this valuable resource today! This Article is brought to you for free and open access by the ILR Collection at DigitalCommons@ILR. It has been accepted for inclusion in Articles and Chapters by an authorized administrator of DigitalCommons@ILR. For more information, please contact [email protected]. If you have a disability and are having trouble accessing information on this website or need materials in an alternate format, contact [email protected] for assistance. The Negotiations Process and Structures Abstract [Excerpt] This chapter examines the process by which unions and employers negotiate collective agreements and the structures they use for those negotiations, continuing the analysis of the middle (functional) level of labor relations activity. It explains the dynamics of negotiations and the factors that lead to strikes and then goes on to discuss the different bargaining structures used in negotiations. Keywords labor, management, globalization, negotiation, collective bargaining Disciplines Collective Bargaining | International and Comparative Labor Relations | Labor Economics | Unions Comments Required Publisher Statement © Cornell University. Reprinted with permission. All rights reserved. Suggested Citation Katz, Harry C., & Kochan, T. A., & Colvin, A. -
Black Trade Unions, Workplace Forums, and the Struggle for Democracy in South Africa
THE RIGHT OF REVOLUTION: BLACK TRADE UNIONS, WORKPLACE FORUMS, AND THE STRUGGLE FOR DEMOCRACY IN SOUTH AFRICA C. Matthew Smith* We know through painful experience that freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed. Martin Luther King, Jr.' I. INTRODUCTION In many ways, the story of labor relations in South Africa has run lockstep with the story of apartheid.2 The earliest of its labor laws were enacted for the benefit of white laborers only-and worked to the detriment of black laborers The Mines and Works Act of 1911, for example, established quotas for black and white workers4 and reserved certain better paying jobs in the mines for whites only.' That would only be the beginning. The Industrial Conciliation Act of 1924 followed the bloody Rand Revolt,6 a three-month strike to protest the lowering * J.D. 2000, University of Georgia. 'MARTIN LUTHER KING, JR., LETTER FROM THE BIRMINGHAM CITY JAIL 8 (Harper Collins 1994) (1963). 2 See Stephen H. Jacobson, Comment, Collective Bargainingin Undemocratic Regimes: FrancoistSpain and ContemporarySouth Africa, 12 COMP. LAB. L.J. 214, 225 (1991); Karon M. Coleman, Comment, South Africa: The UnfairLabor Practiceand the IndustrialCourt, 12 COMP. LAB. L.J. 178, 178 (1991); Bob Hepple, Trade Unions and Democracy in Transitional Societies: Reflections on Russia andSouth Africa, in HUMAN RIGHTS AND LABOR LAW: ESSAYS FOR PAUL O'HIGGINS 56, 56 (K.D. Ewing et al. eds., 1994); Mark Mitchell & Dave Russell, Black Unions and Political Change in South Africa, in CAN SOUTH AFRICA SURVIvE?: FIvE MINUTES TO MIDNIGHT 231,231 (John D.