Unions: Right-To-Work and Right-To-Vote
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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 -
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 ........................ -
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. -
Of Unionization in the Workplace
A MACKINAC CENTER REPORT THE ADVANTAGES AND DISADVANTAGES of Unionization in the Workplace CHRISTOPHER C. DOUGLAS, PH.D. The Mackinac Center for Public Policy is a nonpartisan research and educational institute dedicated to improving the quality of life for all Michigan citizens by promoting sound solutions to state and local policy questions. The Mackinac Center assists policymakers, scholars, businesspeople, 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 have 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, communities, businesses and families, 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. The Center enjoys the support of foundations, individuals and businesses that share a concern for Michigan’s future and recognize the important role of sound ideas. The Center is a nonprofit, tax‑exempt organization under Section 501(c)(3) of the Internal Revenue Code. -
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. -
Lockouts and Strike Insurance in Multiemployer Collective Bargaining
LOCKOUTS AND STRIKE INSURANCE IN MULTIEMPLOYER COLLECTIVE BARGAINING By NORMAN BUCHSBAUN,* INTRODUCTION "The growth of unions in the United States and the structure of bargaining arrangements are closely related to the development and structure of mar- kets for the products on which union members work." Competition in product markets from non-union employers and increased employee mobil- ity resulting in additional needs for staff services1 are factors accounting for union attempts to broaden the membership. Growing union strength was quickly reflected by the appearance of groups of employers forming into associations as a vigorous opposition. Such associations were organized in the 1880's as counterweights to the Knights of Labor. Primarily a technique used by large corporations, the associations were well-funded and employed detectives and armed guards and also maintained blacklists, occasionally resorting to lockouts in an effort to thwart the growth of the trade union movement. Despite the ap- parent anti-union animus of many employers, trade unions won recogni- tion, and to meet this development, the associations organized labor bu- reaus to operate plants of struck members.2 After the gradual acceptance of collective bargaining, the National Association of Manufacturers spon- sored open-shop movements. 3 Kerr and Randall suggest that the employer association had by 1948 become a leading defensive technique used by small employers in bargaining with strong unions. 4 Thus unionization of employers raises many problems relating to responsibility and good faith in collective bargaining, the real locus of power and the effects on union democracy of the enlargement of the bargaining unit, and a host of fringe questions relating to antitrust matters. -
Resolution #1 CUPE NATIONAL WILL
Resolution #1 CUPE NATIONAL WILL: Amend Article 11 of the National Strike Fund regulations to allow for all Local Unions to be entitled to claim assistance from the Strike Fund for up to 100% of the Local Union’s share of the cost of the arbitrator or chairperson of a board of arbitration and up to 90% of the cost of representation before such arbitrator or board. Assistance regarding arbitration costs will no longer be limited to Local Unions which are “prohibited by legislation from striking.” BECAUSE: ● The arbitration process can place a significant financial burden on Local Unions, particularly smaller Local Unions. ● Conservative governments are increasingly willing to use charter-violating legislation to force workers into arbitration and thus subjected to sizeable legal fees. Submitted by Local 3903 ____________________ Maija Duncan Chairperson _____________________ Gizem Çakmak Recording Secretary Resolution #2 CUPE NATIONAL WILL: Amend Article 5 of the National Strike Fund regulations to ensure that Local Union members can receive strike pay when they are not holding a current contact or on active payroll, but have paid dues within the past 12 months. BECAUSE: ● The National Strike Fund regulations must reflect the reality of contractual and precarious workers within unionized workplaces. ● Particularly within the post-secondary sector, workers hold contracts for specific terms with the reasonable expectation that they will receive work again within the next academic year. ● A worker should not be prevented from performing strike activities and showing solidarity with their fellow workers merely because they do not have an active contract at the time of a strike or lockout. -
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. -
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 ................. -
Strikebreaking and the Labor Market in the United States, 1881-1894
Strikebreaking and the Labor Market in the United States, 1881-1894 JOSHUA L. ROSENBLOOM Using data from a sample of over 2,000 individual strikes in the United States from 1881 to 1894 this article examines geographic, industrial, and temporal variations in the use of strikebreakers and the sources from which they were recruited. The use of strikebreakers was not correlated with the business cycle and did not vary appreciably by region or city size, but employers located outside the Northeast or in smaller cities were more likely to use replacement workers recruited from other places. The use of strikebreakers also varied considerably across industries, and was affected by union authorization and strike size. he forces determining wages and working conditions in American labor Tmarkets were radically altered in the decades after the Civil War. Im- provements in transportation and communication increased the ability of workers to migrate in response to differential opportunities and encouraged employers in labor-scarce areas to recruit workers from relatively more labor-abundant regions. As local labor markets became increasingly in- tegrated into broader regional and national labor markets during the late nineteenth century, competitive pressures on wages and working conditions grew, and the scope for local variations in the terms of employment de- clined.1 In many industries these pressures were further compounded by technological changes that encouraged the increasingly fine division of labor and enabled employers to replace skilled craftworkers with semiskilled operatives or unskilled laborers.2 The impact of these developments on American workers was profound. Broader labor markets and technological changes expanded employment opportunities for some workers, but for others they undermined efforts to increase wages and improve working conditions.3 The increasing elasticity The Journal of Economic History, Vol. -
Labor Law Access Rules and Stare Decisis: Developing a Planned Parenthood-Based Model of Reform Rafael Gely University of Missouri School of Law, [email protected]
University of Missouri School of Law Scholarship Repository Faculty Publications 1999 Labor Law Access Rules and Stare Decisis: Developing a Planned Parenthood-Based Model of Reform Rafael Gely University of Missouri School of Law, [email protected] Leonard Bierman University of TexasA & M Mays Business, [email protected] Follow this and additional works at: http://scholarship.law.missouri.edu/facpubs Part of the Labor and Employment Law Commons Recommended Citation Rafael Gely & Leonard Bierman, Labor Law Access Rules and Stare Decisis: Developing A Planned Parenthood-Based Model of Reform, 20 Berkeley J. Emp. & Lab. L. 138 (1999) This Article is brought to you for free and open access by University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of University of Missouri School of Law Scholarship Repository. Labor Law Access Rules and Stare Decisis: Developing a Planned Parenthood -Based Model of Reform Rafael Gely* Leonard Bierman** This article deals with laborlaw access rules, particularlythe rights of unions to gain access to employers' private property for organizing pur- poses. Professors Gely and Bierman provide a comprehensive analysis of the access issue and identify two major problems with the manner in which the Supreme Court has approachedthis area. First,the Supreme Court has dealt piecemeal with the various aspects of this problem without attempting to develop a coherentframework. Second, the Court has been reluctant to analyze the access issue within the context of today's workplace. Professors Gely and Bierman attribute the Supreme Court's flawed approach to this area to the doctrine of stare decisis.