Shop Steward Glossary
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Industrial Action
Dewi Hardiningtyas, ST, MT, MBA Industrial Action LOGO Source of Industrial Conflict Internal External Style of management Economic policy Physical environment Labor legislation Social relationship Political issue Other facilities National crisis Grievance Social inequalities Industrial Action Industrial action refers collectively to any measure taken by trade unions or other organized labor meant to reduce productivity in a workplace. UK, Ireland and Australia Industrial action US Job action I L O Standards Convention No. 87 the right of trade unions as organizations of workers set up to further and defend their occupational interests (Article 10), to formulate their programs and organize their activities (Article 3). This means that unions have the right to negotiate with employers and to express their views on economic and social issues affecting the occupational interests of their members. J.-M. Servais, “ILO standards on freedom of association and their implementation”, International Labor Review, Vol. 123(6), Nov.–Dec. 1984, pp. 765–781. Types of Industrial Action Occupation Strike Work-to-Rule of Factories General Overtime Slowdown Strike Ban 1. Strike Strike action (labor strike) is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Wildcat Strike (Poole, 1980) This form of strike is in violation of contract and not authorized by the union because no reason or notice is given to employer before embarking 2009, Lindsay Oil on it. Refinery strike Sit-down Strike (Poole, 1980) This is type of strike involve workers being present at work but literally not working. 1930, Flint sit-down strike by the United Auto workers Constitutional vs Unconstitutional Strike (Poole, 1980) Constitutional Strike Unconstitutional Strike This refers to actions that This is a strike action that conform to the due does not conform to the procedure of the collective provisions of the collective agreement. -
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 . -
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. -
Trade-Union Policy Between the Wars the Case of Holidays with Pay in Britain*
STEPHEN G. JONES TRADE-UNION POLICY BETWEEN THE WARS THE CASE OF HOLIDAYS WITH PAY IN BRITAIN* Most standard histories of Britain between the wars refer to the develop- ment of holidays with pay, albeit briefly. It is widely acknowledged that by the end of the 1930's the majority of the British working population benefited from a paid holiday. The crucial initiative, so it is claimed, was the Holidays with Pay Act of 1938, which gave Parliamentary approval to the principle of payment of wages during holidays.1 Clearly the growth of paid holidays is seen as yet another instance of a more affluent Britain, an integral element of the growth of leisure.2 However, there has been very little detailed discussion of the paid-holiday-policy option and the precise reasons for the formulation and implementation of that policy. This neglect is rather surprising given the popular support for this "fringe benefit", which was perceived as providing a certain degree of financial security during the annual break from the rigours of work. It is true that there has been more specialised treatment, but even this is of a general nature, with little reference to the industrial and political struggle for holidays with pay.3 * I would like to thank Dr M. E. Rose, Professor A. E. Musson and members of the Editorial Board for their helpful comments. 1 See C. L. Mowat, Britain Between the Wars 1918-1940 (London, 1955), p. 501; D. H. Aldcroft, The Inter-War Economy: Britain, 1919-1939 (London, 1970), p. 366; N. Branson and M. -
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. -
Nber Working Paper Series the Surprising Retreat Of
NBER WORKING PAPER SERIES THE SURPRISING RETREAT OF UNION BRITAIN John Pencavel Working Paper 9564 http://www.nber.org/papers/w9564 NATIONAL BUREAU OF ECONOMIC RESEARCH 1050 Massachusetts Avenue Cambridge, MA 02138 March 2003 The views expressed herein are those of the author and not necessarily those of the National Bureau of Economic Research. ©2003 by John Pencavel. All rights reserved. Short sections of text not to exceed two paragraphs, may be quoted without explicit permission provided that full credit including ©notice, is given to the source. The Surprising Retreat of Union Britain John Pencavel NBER Working Paper No. 9564 March 2003 JEL No. J5 ABSTRACT After expanding in the 1970s, unionism in Britain contracted substantially over the next two decades. This paper argues that the statutory reforms in the 1980s and 1990s were of less consequence in accounting for the decline of unionism than the withdrawal of the state’s indirect support for collective bargaining. The principal goal of the reforms was to boost productivity so the paper examines the link between unions and productivity finding only a small association by the end of the 1990s. Private sector unionism has become highly decentralized which renders it vulnerable to the vagaries of market forces. John Pencavel Department of Economics Stanford University Stanford, California 94305-6072 The Surprising Retreat of Union Britain John Pencavel* I. Introduction An assessment of unionism in a society may be organized around three classes of questions: do unions produce a better distribution of income in society?; do unions contribute to a more efficient society?; and do unions enhance a society’s “social capital”?1 The first two questions are the familiar distributional and efficiency considerations that figure in any interesting economic question. -
The Specter of Black Labor: African American Workers in Illinois Before the Great Migration, 1847 to 1910
THE SPECTER OF BLACK LABOR: AFRICAN AMERICAN WORKERS IN ILLINOIS BEFORE THE GREAT MIGRATION, 1847 TO 1910 BY ALONZO M. WARD DISSERTATION Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in History in the Graduate College of the University of Illinois at Urbana-Champaign, 2017 Urbana, Illinois Doctoral Committee: Associate Professor Sundiata Keita Cha-Jua Professor Adrian Burgos, Jr. Associate Professor Erik McDuffie Professor Clarence Lang, University of Kansas ii ABSTRACT The Specter of Black Labor is interested in examining the actions, reactions and opinions of Afro-Illinoisans during the late nineteenth and early twentieth centuries in relation to their own position as laborers. While previous studies on Black workers in Illinois focus heavily on African Americans and their relationship to the larger labor movement of this period, the goal in this project is to view these workers primarily through the lens of the African American experience. By deemphasizing the role of white workers and the labor movement in general, this project seeks to unearth previously muffled voices within the relatively small Black communities throughout Illinois during the largely understudied period prior to the Great Migration. By utilizing a racial formation theoretical framework, this project seeks to provide a foundation for a critical examination of race as it acquires different meanings, depending on specific historic circumstances. The contention here is that the process of racializing labor during the late nineteenth and early twentieth centuries affected not only the type of labor Black people could procure, it also systematically eliminated them from the larger labor movement and virtually forced them into “anti-labor” roles such as strikebreaking. -
The Collective Agreement for the Union Shop
THE COLLECTIVE AGREEMENT FOR THE UNION SHOP LEON M. DEsPSs* NKNOWN to the courts a half century ago, the "closed shop" or union shop contract has received increasing judicial attention, particularly during the last fifteen years. With union organiza- tion itself formerly illegal, the union shop contract was, of course, also illegal. With judicial acceptance of union organization, however, the judi- cial attitude toward the union shop contract has undergone an important and exceedingly interesting development, which it is the purpose of this article to trace. At the outset, a preliminary question of terminology is posed. Like its counterpart "open shop," the term "dosed shop" rings with overtones and conflicts; "open shop" and "closed shop" have become "but battle cries in the conflict between employers and labor organizations over the problem of unionization."' Formerly the meaning of the terms "open shop" and "closed shop" was quite different from their present meaning. A "closed shop" was an unfair shop in which a union had forbidden its mem- bers to work; and an "open shop" was a shop in which a union permitted its members to work. Declaring a shop "open" was equivalent to calling off a strike or boycott.2 The change in meaning occurred about 189o. Al- though perhaps first used by unionists, the term "closed shop" was seized upon by employers to obtain the greatest possible advantage in publicizing its unfavorable connotations. Trade unionists have often since condemned the term, saying that the only closed shop is the so-called "open shop" which is really closed to union members.3 "Open shop" and "closed shop" have thus become catchwords which obscure the underlying issues; and to avoid the use of those terms, this article will use the term "union shop," * Member of the Illinois Bar. -
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. -
In the Supreme Court of the United States
No. 14-915 In the Supreme Court of the United States _____________________________________ REBECCA FRIEDRICHS, ET AL., PETITIONER, v. CALIFORNIA TEACHERS ASSOCIATION, ET AL., RESPONDENT. _____________________________________ ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT _____________________________________ BRIEF FOR PETITIONERS _____________________________________ DANIELLE J. MCCALL PETER J. MARDIAN UNIVERSITY OF PENNSYLVANIA LAW SCHOOL 3501 Sansom St. Philadelphia, PA 19104 Counsel for Petitioners October 16, 2015 i QUESTIONS PRESENTED Abood v. Detroit Board of Education, in authorizing public-sector agency shops, empowered States to condition public employment on union support. Under this regime, public employees must finance union collective bargaining practices, irrespective of their personal ideologies. As a provision of agency-shop arrangements, opt-out procedures require nonmembers to affirmatively object to subsidizing the unions’ purely political endeavors. 1. Should Abood v. Detroit Board of Education be overruled, and public-sector agency shops invalidated under the First Amendment? 2. With affirmative consent as a viable alternative, does it violate the First Amendment to require nonmembers to annually and affirmatively object to financially supporting unions’ political speech? ii PARTIES TO THE PROCEEDING Petitioners, Plaintiffs-Appellants below, are: Rebecca Friedrichs; Scott Wilford; Jelena Figueroa; George W. White, Jr.; Kevin Roughton; Peggy Searcy; Jose Manso; Harlan Elrich; Karen