Dealing with Union Organizing
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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 -
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 ........................ -
Employee Free Choice Act—Union Certification
S. HRG. 108–596 EMPLOYEE FREE CHOICE ACT—UNION CERTIFICATION HEARING BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS UNITED STATES SENATE ONE HUNDRED EIGHTH CONGRESS SECOND SESSION SPECIAL HEARING JULY 16, 2004—HARRISBURG, PA Printed for the use of the Committee on Appropriations ( Available via the World Wide Web: http://www.access.gpo.gov/congress/senate U.S. GOVERNMENT PRINTING OFFICE 95–533 PDF WASHINGTON : 2004 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 COMMITTEE ON APPROPRIATIONS TED STEVENS, Alaska, Chairman THAD COCHRAN, Mississippi ROBERT C. BYRD, West Virginia ARLEN SPECTER, Pennsylvania DANIEL K. INOUYE, Hawaii PETE V. DOMENICI, New Mexico ERNEST F. HOLLINGS, South Carolina CHRISTOPHER S. BOND, Missouri PATRICK J. LEAHY, Vermont MITCH MCCONNELL, Kentucky TOM HARKIN, Iowa CONRAD BURNS, Montana BARBARA A. MIKULSKI, Maryland RICHARD C. SHELBY, Alabama HARRY REID, Nevada JUDD GREGG, New Hampshire HERB KOHL, Wisconsin ROBERT F. BENNETT, Utah PATTY MURRAY, Washington BEN NIGHTHORSE CAMPBELL, Colorado BYRON L. DORGAN, North Dakota LARRY CRAIG, Idaho DIANNE FEINSTEIN, California KAY BAILEY HUTCHISON, Texas RICHARD J. DURBIN, Illinois MIKE DEWINE, Ohio TIM JOHNSON, South Dakota SAM BROWNBACK, Kansas MARY L. LANDRIEU, Louisiana JAMES W. MORHARD, Staff Director LISA SUTHERLAND, Deputy Staff Director TERRENCE E. SAUVAIN, Minority Staff Director SUBCOMMITTEE ON DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES ARLEN SPECTER, Pennsylvania, Chairman THAD COCHRAN, Mississippi TOM HARKIN, Iowa JUDD GREGG, New Hampshire ERNEST F. -
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. -
LABOR PEACE AGREEMENTS Local Government As Union Advocate
LABOR PEACE AGREEMENTS Local Government As Union Advocate 2016 ABSTRACT A labor peace agreement is an arrangement between a union and an employer under which one or both sides agree to waive certain rights under federal law with regard to union organizing and related activity. While these agreements can be negotiated voluntarily, some state and local governments have attempted to impose them on employers by passing labor peace ordinances. Under these policies, a private sector employer must secure a labor peace agreement with a union as a condition of doing business at a facility or project in which a government entity asserts a “proprietary interest.” LABOR PEACE ORDINANCES IN THE UNITED STATES Labor peace ordinances come in many different forms, but they all have one essential purpose: to apply economic pressure on employers to compel them to grant organizing concessions to unions. These concessions can include card check (an employer recognizes a union based on signed cards rather than by the results of a secret ballot election), neutrality (an employer refrains from expressing negative States where a labor States where a labor peace States where labor peace States that prohibit local peace ordinance exists in ordinance exists in one or more ordinances have recently been labor peace ordinances opinions about a union and one or more jurisdictions jurisdictions and labor peace debated or unions have targeted ordinances have been debated intervening in an organizing or unions have targeted campaign), and workplace access (an employer allows outside union organizers into the workplace). In exchange, unions typically must promise not to strike, picket or otherwise disrupt an employer’s operations—at least for a time. -
Neutrality Agreements and Card Check Recognition: Prospects for Changing Labor Relations Paradigms
Neutrality Agreements and Card Check Recognition: Prospects for Changing Labor Relations Paradigms James J. Brudney* I. INTRODUCTION [I]t is important … [to] not[e] … what scientists never do when confronted by even severe and prolonged anomalies. Though they may begin to lose faith and then to consider alternatives, they do not renounce the paradigm that has led them into crisis … . [O]nce it has achieved the status of paradigm, a scientific theory is de- clared invalid only if an alternate candidate is available to take its place. t the heart of the National Labor Relations Act (“NLRA” or “Act”) is § 7, guaranteeing workers the right to band together for collective bargaining “through representatives of their own choosing.” This em- Aployee choice, including the right to refrain from unionizing, has long been analogized to voting in political elections. The resonance of the comparison between industrial and political democracy has helped make elections supervised by the National Labor Relations Board (“NLRB” or “Board”) the dominant explanatory structure, or para- digm, for the exercise of employee choice under the NLRA. The past decade has witnessed a growing challenge to the election paradigm as the preferred approach for determining whether employees want union representation. A central component of this challenge is U.S. unions’ success securing agreements from employers to remain neutral during organizing campaigns. These agreements gener- ally provide that the employer will not demand a Board-supervised election, but will recognize the union if a majority of employees sign authorization cards. Neutrality agreements that include card check recognition provide a distinct mecha- nism for employees to select union representation. -
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. -
The Employee Free Choice Act: the Biggest Change in Labor Law in 60 Years by Robert Quinn and John Leschak
LABOR LAW REGIONAL LABOR REVIEW, Fall 2009 The Employee Free Choice Act: The Biggest Change in Labor Law in 60 Years by Robert Quinn and John Leschak One of the most contentious proposals of the 2008 Presidential campaign and of the current Congressional season in Washington is the Employee Free Choice Act (EFCA). Supported by President Obama and opposed by Senator John McCain and most other Republicans, EFCA would be the most significant change to federal labor law in over sixty years. First, EFCA would allow the National Labor Relations Board (“NLRB”) to certify a union without an election if a majority of workers voluntarily sign cards authorizing a union to represent them (this provision is also known as “card check”). Second, EFCA would impose new penalties on employers who violate workers’ rights during initial organizing campaigns. And third, EFCA would permit bargaining disputes between an employer and union to be decided by arbitration during first-time contract negotiations. However, several powerful groups are opposed to any change. The U.S. Chamber of Commerce has launched a vociferous campaign against EFCA’s “Card Check” provision, which they claim will lead to intimidation and coercion in the workplace.1 Congressional Republicans have also been outspoken opponents of card check. Last February, Republican Senators Jim DeMint (S.C.) and Mike Enzi (Wyo.) introduced the Secret Ballot Protection Act, S. 478. This bill would make it illegal for an employer to voluntarily recognize a union through card check and would require NLRB elections. While many are opposed to EFCA, it cannot be denied that reform is needed. -
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 .................................................................................................................. -
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.