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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 . -
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. -
6' POLICY RESEARCH WORKING PAPER 1515 Public Disclosure Authorized
Wes 6' POLICY RESEARCH WORKING PAPER 1515 Public Disclosure Authorized Indonesia's labor market in Indonesia the I 990s is characterized by rising labor costs, reduced Labor Market Policies and worker productivity,and increasingindustrial unrest. Public Disclosure Authorized International Competitiveness The main problem is generous, centrally Nisha Agrawal mandated, but unenforceable worker benefits. Legislation encouraging enterprise-level collective bargaining might help reduce some of the costs associated with worker unrest. Public Disclosure Authorized Bacground paper for World Development Report 1995 Public Disclosure Authorized The World Bank Office of the Vice President Development Economics September 1995 POIjCY RESEARCH WORKING PAPER 15 15 Summary findings Indonesia's labor market in the 1990s is characterized by would be a hefty 12 percent of the wage bill. The other rising labor costs, reduced worker productivity, and problem is that the government has greatlv limited increasing industrial unrest. The main problem is organized labor, viewing it as a threat to political and generous, centrally mandated, but unenforceable worker economic stability. benefits. Legislation encouraging enterprise-level This approach of mandating benefits centrally through collective bargaining might help reduce some of the costs legislation without empowerinig workers to enforce associated with worker unrest. compliance with the legislation (or negotiate their own Policy measures Indonesia adopted in 1986 led to a benefits packages with employers) -
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 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. -
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 NLRB Takes Notice to the Max in Paramax Dennis M
Hofstra Labor and Employment Law Journal Volume 11 | Issue 1 Article 1 1993 The NLRB Takes Notice to the Max in Paramax Dennis M. Devaney Susan E. Kehoe Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/hlelj Part of the Law Commons Recommended Citation Devaney, Dennis M. and Kehoe, Susan E. (1993) "The NLRB Takes Notice to the Max in Paramax," Hofstra Labor and Employment Law Journal: Vol. 11: Iss. 1, Article 1. Available at: http://scholarlycommons.law.hofstra.edu/hlelj/vol11/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]. Devaney and Kehoe: The NLRB Takes Notice to the Max in Paramax HOFSTRA LABOR LAW JOURNAL Volume 11, No. 1 Fall 1993 ARTICLES THE NLRB TAKES NOTICE TO THE MAX IN PARAMAX Dennis M. Devaney with Susan E. Kehoe*" I. OVERVIEW A. Paramax and its Significance In a departure from the traditional interpretation of Section 8(b)(1)(A) of the National Labor Relations Act,' the National Labor * BA., M.A., University of Maryland; J.D., Georgetown University; Member, National Labor Relations Board. ** BA., Trinity College; M.A., ID., Tulane University; Assistant Chief Counsel to Member Dennis M. Devaney of the National Labor Relations Board. 1. Section 8(b)(1)(A) of the National Labor Relations Act provides that- [i]t shall be an unfair labor practice for a labor organization or its agents - (1) to restrain or coerce (A) employees in the exercise of the rights guaranteed in Section 7: Provided, That this paragraph shall not impair the right of a labor orga- nization to prescribe its own rules with respect to the acquisition or retention of Published by Scholarly Commons at Hofstra Law, 1993 1 Hofstra Labor and Employment Law Journal, Vol.