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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 ........................ -
Pacific Telesis Understands the Anxiety Over Job Retention and Growth That Can Arise When Two Major Businesses Merge. This Merger Is a Job-Growth Agreement
JOBS IN CALIFORNIA Pacific Telesis understands the anxiety over job retention and growth that can arise when two major businesses merge. This merger is a job-growth agreement. To show confidence and good faith, Pacific Telesis agrees to the following: • The headquarters for Pacific Bell and Nevada Bell will remain in California and Nevada, respectively. In addition, a new company headquarters will be established in California that will provide integrated administrative and support services for the combined companies. Three subsidiary headquarters will also be established in California. These subsidiaries are long distance services, international operations and Internet. • The merged companies commit to expanding employment by at least one thousand jobs in Califomia over what would otherwise have been the case under previous plans if this merger had not occurred. The merged companies will report their progress to the CPUC within two years. CONSTRUCTION Nothing in this Commitment shall be interpreted to require Pacific Bell or Pacific Telesis to give any preference or advantage based on race, creed, sex, national origin, sexual orientation, disability or any other basis in connection with employment, contracting Of other activities in violation of any federal, state or local law. Nothing herein shall be construed to establish or require quotas or timetables in connection with any • undertakings by Pacific Bell or Pacific Telesis to maintain a diverse workforce, contract with minority vendors, or provide services to underserved communities. -. 8 PARTNERSHiP COMMITMENT This Commitment is a ten-year partnership and commitment to the underserved communities of California. In furtherance of this par:tnership, Pacific Bell is undertaking an obligation to the Community Technology Fund that may extend over a decade or more as well as a seven-year commitment to the Universal Service Task Force. -
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. -
Federal Labor Relations Statutes: an Overview
Federal Labor Relations Statutes: An Overview Alexandra Hegji Analyst in Social Policy November 26, 2012 Congressional Research Service 7-5700 www.crs.gov R42526 CRS Report for Congress Prepared for Members and Committees of Congress Federal Labor Relations Statutes: An Overview Summary Since 1926, Congress has enacted three major laws that govern labor-management relations for private sector and federal employees. An issue for Congress is the effect of these laws on employers, workers, and the nation’s economy. The Bureau of Labor Statistics estimates that, nationwide, 14.8 million employees are union members. In the 112th Congress alone, more than 30 bills were introduced to amend federal labor relations statutes. The proposals ranged from making union recognition without a secret ballot election illegal to further modifying runoff election procedures. These legislative activities, and the significant number of employees affected by federal labor relations laws, illustrate the current relevance of labor relations issues to legislators and their constituents. The three major labor relations statutes in the United States are the Railway Labor Act, the National Labor Relations Act, and the Federal Service Labor-Management Relations Statute. Each law governs a distinct population of the U.S. workforce. The Railway Labor Act (RLA) was enacted in 1926, and its coverage extends to railway and airline carriers, unions, and employees of the carriers. The RLA guarantees employees the right to organize and collectively bargain with their employers over conditions of work and protects them against unfair employer and union practices. It lays out specific procedures for selecting employee representatives and provides a dispute resolution system that aims to efficiently resolve labor disputes between parties, with an emphasis on mediation and arbitration. -
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. -
House Bill Report Hb 2751
HOUSE BILL REPORT HB 2751 As Reported by House Committee On: Labor & Workplace Standards Title: An act relating to the deduction of union dues and fees. Brief Description: Concerning the deduction of union dues and fees. Sponsors: Representatives Stonier, Valdez, Kloba, Macri, Stanford, Appleton, Jinkins, Fitzgibbon, Bergquist, Goodman, Gregerson, Doglio, Pollet and Frame. Brief History: Committee Activity: Labor & Workplace Standards: 1/18/18, 1/22/18 [DP]. Brief Summary of Bill Provides that if a collective bargaining agreement has a union security provision, written authorization from the employee is not required for the employer to enforce the union security agreement by deducting required dues or fees from the employee's pay. Provides that if a collective bargaining agreement includes requirements for deductions of payments other than union dues or equivalent fees under a union security provision, the employer must make those deductions upon written authorization of the employee. Removes the requirement that an employee's written authorization to deduct dues be filed with the employer. HOUSE COMMITTEE ON LABOR & WORKPLACE STANDARDS Majority Report: Do pass. Signed by 4 members: Representatives Sells, Chair; Gregerson, Vice Chair; Doglio and Frame. Minority Report: Do not pass. Signed by 3 members: Representatives McCabe, Ranking Minority Member; Pike, Assistant Ranking Minority Member; Manweller. Staff: Trudes Tango (786-7384) –––––––––––––––––––––– This analysis was prepared by non-partisan legislative staff for the use of legislative -
Shuren-FDA-Conflict of Interest-Handout 3-Pg-2
Jeffrey Shuren, MD, JD Director of the FDA's Center for Devices and Radiological Health Clear Conflict of Interest Conflict of Interest: Jeffrey Shuren's wife Allison Shuren is a Partner with the Law Firm Arnold & Porter: https://www.arnoldporter.com/en/people/s/shuren-allison-w This is important because a former FCC Chairman Paul A. Porter cofounded Arnold & Porter. https://en.wikipedia.org/wiki/Arnold_%26_Porter According to their website, Arnold & Porter has represented AT&T & all its predecessor companies in mergers totaling more than 200 billion dollars. https://www.arnoldporter.com/en/services/capabilities/practices/telecommunications-internet-and-media/transactionsmergers--acquisitionsbankruptcy November 23, 2017 in an antitrust case against AT&T-Time Warner Merger a judge was suspected to be switched out with another judge because his wife worked for Arnold & Porter, which would have represented a conflict of interest for the case. Similarly having Director Shuren’s wife working for Arnold & Porter making statements defending the business of AT&T should be regarded as a conflict of interest. https://www.competitionpolicyinternational.com/us-meet-the-judge-in-antitrust-case-against-att-time-warner/ Here are some of Arnold & Porter's activities for AT&T and predecessor companies since 1996. Arnold & Porter have secured more than $200 billion in mergers for AT&T and this is only from what is reported in these articles (from their website). https://www.arnoldporter.com/en/services/capabilities/practices/telecommunications-internet-and-media/transactionsmergers--acquisitionsbankruptcy SBC Communications (1996 – 1997) Our attorneys represented SBC in its acquisition of Pacific Telesis Group (the Regional Bell Operating Company serving California and Nevada). -
Michigan Laborlabor Law:Law: Whatwhat Everyevery Citizencitizen Shouldshould Knowknow
August 1999 A Mackinac Center Report MichiganMichigan LaborLabor Law:Law: WhatWhat EveryEvery CitizenCitizen ShouldShould KnowKnow by Robert P. Hunter, J. D., L L. M Workers’ and Employers’ Rights and Responsibilities, and Recommendations for a More Government-Neutral Approach to Labor Relations The Mackinac Center for Public Policy is a nonpartisan research and educational organization devoted to improving the quality of life for all Michigan citizens by promoting sound solutions to state and local policy questions. The Mackinac Center assists policy makers, scholars, business people, 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 has 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, business, community and family, 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. It enjoys the support of foundations, individuals, and businesses who share a concern for Michigan’s future and recognize the important role of sound ideas. -
Digest: Mccarther V. Pacific Telesis Group
Do Not Delete 2/22/2011 11:41 AM Digest: McCarther v. Pacific Telesis Group Rebecca J. Kipper Opinion by Moreno, J., with George, C.J., Kennard, Baxter, Chin, Corrigan, JJ., and O’Rourke, J.1 Issue Are sick leave policies that provide for an uncapped number of compensated days off governed by Labor Code section 233? Facts Kimberly McCarther and Juan Huerta each took absences from work to care for sick family members.2 Although McCarther and Huerta did not work for the same employer,3 as members of the Communications Workers of America labor union, they were subject to the same sickness absence policy under section 5.01F of the union’s collective bargaining agreement (CBA).4 Under this policy, employees are paid for any day in which they are absent from work due to their own illness or injury for up to five consecutive days in any seven-day long period.5 There is no limit on the number of days that an employee may be absent from work,6 but there is an attendance management policy in the CBA which sets forth a progressive scheme of discipline, up to termination, for excessive absences.7 Although absences for a personal illness or injury are compensated under section 5.01F, they still constitute an absence which is subject to discipline under the attendance management policy.8 In addition to paid sick leave, the CBA provides for six paid personal days which are not considered absences for the purposes of the attendance 1 Associate Justice of the Court of Appeal, Fourth Appellate District, Division One, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. -
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1972) COMPULSORY UNIONISM 313 COMPULSORY UNIONISM: A STRENGTH OR WEAKNESS? THE NEW ZEALAND SYSTEM COMPARED WITH UNION SECURITY AGREEMENTS IN GREAT BRITAIN AND IN THE UNITED STATES ALEXANDER SZAKATS* In the following article Doctor Szakats evaluates the workers' position with regard to the necessity of membership in a union as an indispensable prerequisite for obtaining and retaining work. In particular, he analyzes current employer-union practices and legislation in New Zealand, Great Britain and the United States. The author points out that in New Zealand the relevant statutes apply only to registered workers' associations. However, a registered union has the advantages of: a monopoly position; blanket clauses; and unqualified preference clauses. The author concludes that the so-called abolition of compulsory unionism in New Zealand does not change the position of workers seeking employment since by virtue of the unqualified preference clauses in nearly all awards and industrial agreements, compulsory unionism has de facto remained in force. In Great Britain, as in New Zealand, relevant statutes apply only to reRistered associations. Although it has been recognized in Great Britain since 1871 that trade unions are voluntary associations, the theory does not always conform with the practice. As a result, certain arrangements can inhibit a worker's choice of a specified trade union and closed shop agreements may lawfully counteract this right of not joining, thereby introducing a de facto compulsory unionism. By way of contrast to Great Britain and New Zealand, relevant legislation in the United States extends to and binds all trade unions. The author concludes that although com pulsory unionism imposed by the state generally weakens the labour movement, compulsory unionism imposed by employer-union agreement strengthens the movement. -
The American Telephone and Telegraph Company Divestiture: Background, Provisions, and Restructuring
Report No. 84-58 E I -. <I?....*- ".YII. -n, -- THE AMERICAN TELEPHONE AND TELEGRAPH COMPANY DIVESTITURE: BACKGROUND, PROVISIONS, AND RESTRUCTURING b Y Angele A. Gilroy Specialist in Industrial Organization Economics Division COLLECTION WKI HEKN !CNTUCKY LIBRARY April 11, 1984 11 i :::A L.'~~-l.ii.e makes jucn research available. without parti- ::;I.. in lr:m\ !orrns inc!uding studies. reports. cornpila- ;,)I!., I!:<?\[>. :md l:a~kqroi~ndhrietings. Cpon request. CRS .. ., :i ~ !>!r::z:rrir.e.;in ann1~-zingle+slative proposals and -tl:..b. :!nd in s>w;sinq the possible effects of these proposals . < :!I irie.The Ser~ice'ssenior specialists and ii,:c( r :iil.,;ii ?is are also at-aiiable for personal consultations ;xi-ir :.t>.;!?ecri\-elieid.; t~f'expertise. ABSTRACT On January 1, 1984, The American Telephone and Telegraph Company (AT&T) di- vested itself of a major portion of its organizational structure and functions. Under the post-divestiture environment the once fully-integrated Bell System is now reorganized into the "new" AT&T and seven Ladependent regional 5olding ?om- panies -- American Information Technologies Corp., 3ell Atlantic Corp., 3ell- South Corp., NYNEX Corp., Pacific Telesis Group., Southwestern Bell Corp., and U.S. West, Inc. The following analysis provides an overview of the pre- and post-divestiture organizational structure and details the evolution of the anti- trust action which resulted in this divestiture. CONTENTS ABSTRACT ................................................................ iii INTRODUCTION ............................................................ 1 1 . BELL SYSTEM CORPORATE REORGANIZATION .............................. 3 A . Predivestiture Bell System Corporate Structure ................ 3 B . Divested Operating Company Structure .......................... 5 C . Post-Divestiture AThT Organizational Structure ................ 7 11. -
Waiver of Beck Rights and Resignation Rights: Infusing the Union- Member Relationship with Individualized Commitment
Catholic University Law Review Volume 43 Issue 1 Fall 1993 Article 6 1993 Waiver of Beck Rights and Resignation Rights: Infusing the Union- Member Relationship With Individualized Commitment Heidi Marie Werntz Follow this and additional works at: https://scholarship.law.edu/lawreview Recommended Citation Heidi M. Werntz, Waiver of Beck Rights and Resignation Rights: Infusing the Union-Member Relationship With Individualized Commitment, 43 Cath. U. L. Rev. 159 (1994). Available at: https://scholarship.law.edu/lawreview/vol43/iss1/6 This Comments is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact [email protected]. COMMENTS WAIVER OF BECK RIGHTS AND RESIGNATION RIGHTS: INFUSING THE UNION-MEMBER RELATIONSHIP WITH INDIVIDUALIZED COMMITMENT* "[T]he struggle of man against power has been the struggle of memory against forgetting."1 Traditionally, the obligation to pay dues' has been considered to arise from only two sources: union membership3 and union security agree- ments.4 Union membership requires the employee to contribute dues in * First Place, John H. Fanning Labor Law Writing Competition, Columbus School of Law, the Catholic University of America, 1992. 1. MILAN KUNDERA, THE BOOK OF LAUGHTER AND FORGETrING 3 (Michael H. Heim trans., Penguin Books 1986) (1978). 2. Unions garner the bulk of their revenue from the payment of dues and assess- ments by the employees they represent. See Jennifer Friesen, The Costs of "Free Speech"-Restrictions on the Use of Union Dues to Fund New Organizing, 15 HAsTINGS CONST.