Eliminating Fair Share Fees and Making Public Employment “Right-To-Work” Would Increase the Pay Penalty for Working in State and Local Government
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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) -
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. -
Testimony of Robert Bruno Professor of Labor and Employment Relations University of Illinois Before the Committee on Education and the Workforce U.S
Testimony of Robert Bruno Professor of Labor and Employment Relations University of Illinois Before the Committee on Education and the Workforce U.S. House of Representatives At a Hearing Entitled, “Compulsory Unionization Through Grievance Fees: NLRB’s Assault on Right to Work” June 3, 2015 Introduction Chairman Kline, Ranking Member Scott, and Members of the Committee, my name is Robert Bruno and I am a Professor of Labor and Employment Relations in the School of Labor and Employment Relations at the University of Illinois. My testimony today addresses four key points. First, I provide an explanation of what is meant by right-to-work (RTW) laws. Second, I explain why the ostensible focus of the hearing today is mislabeled. Third, I describe how RTW laws raise fundamental equity and fairness issues. And fourth, I show that there is a substantial body of evidence on the largely negative impacts of RTW on workers, opportunities for growing the middle- class, and society at large. I. What is a Right-to-Work Law? A “right-to-work” (RTW) law, contrary to what its name would suggest, has nothing to do with the right of an individual to seek and accept gainful employment. Instead, a RTW law is a government regulation that bars employers and labor unions from agreeing to “union security” clauses in collective bargaining agreements. “Union security” clauses ensure that each person in a collective bargaining unit who receives the benefits of collective bargaining (e.g., a higher wage, better health and retirement benefits, grievance representation, a voice at work) also provides his or her fair share of dues or fees. -
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. -
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. -
Estimating the Wage Premium of Collective Wage Contracts – Evidence from Longitudinal Linked Employer-Employee Data
Dis cus si on Paper No. 12-073 Estimating the Wage Premium of Collective Wage Contracts – Evidence from Longitudinal Linked Employer-Employee Data Nicole Guertzgen Dis cus si on Paper No. 12-073 Estimating the Wage Premium of Collective Wage Contracts – Evidence from Longitudinal Linked Employer-Employee Data Nicole Guertzgen Download this ZEW Discussion Paper from our ftp server: http://ftp.zew.de/pub/zew-docs/dp/dp12073.pdf Die Dis cus si on Pape rs die nen einer mög lichst schnel len Ver brei tung von neue ren For schungs arbei ten des ZEW. Die Bei trä ge lie gen in allei ni ger Ver ant wor tung der Auto ren und stel len nicht not wen di ger wei se die Mei nung des ZEW dar. Dis cus si on Papers are inten ded to make results of ZEW research prompt ly avai la ble to other eco no mists in order to encou ra ge dis cus si on and sug gesti ons for revi si ons. The aut hors are sole ly respon si ble for the con tents which do not neces sa ri ly repre sent the opi ni on of the ZEW. Non-technical summary: Drawing on a large-scale German Linked Employer- Employee data set spanning the time period 1995-2008, this paper provides new evi- dence on the collective bargaining wage premium in western Germany. By using lon- gitudinal data, we seek to improve on recent evidence which relies on cross-sectional data. Unlike the previous literature, we assess the extent to which differences in wages between workers in covered and uncovered firms result from a non-random selection of workers and firms upon time-invariant unobservables into the different regimes. -
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 -
Walden University
Walden University College of Management and Technology This is to certify that the doctoral study by Melvin J. Rivers has been found to be complete and satisfactory in all respects, and that any and all revisions required by the review committee have been made. Review Committee Dr. Tim Truitt, Committee Chairperson, Doctor of Business Administration Faculty Dr. Yvonne Doll, Committee Member, Doctor of Business Administration Faculty Dr. Kathleen Barclay, University Reviewer, Doctor of Business Administration Faculty Chief Academic Officer Eric Riedel, Ph.D. Walden University 2014 Abstract Declining Union Membership and the Reduction of Union Representation In the Workplace By Melvin J. Rivers MBA, Keller Graduate School of Management, 2009 BS, DeVry University, 2006 Doctoral Study Submitted in Partial Fulfillment Of the Requirements for the Degree of Doctor of Business Administration Walden University February 2014 Abstract Union membership has declined 24.2 % since 1945. Declining union membership leads to a general business problem of economic losses to labor unions. The problem is relevant to both scholars and the labor movement, requiring development of a deeper understanding of the reasons for union membership decline. In this qualitative phenomenological study, experiences with declining union membership are explored with union representatives in Los Angeles County. The study’s conceptual framework was comprised of three models: the utility of union membership, human motivation, and collective bargaining to identify relevant elements of union membership decisions. Twenty face-to-face interviews using open-ended questions were conducted with participants who had a minimum of 3 years’ experience as a full-time union representative. The data were coded, and themes developed using the modified van Kaam method and NVivo 10 software. -
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. -
NY LOCAL in SIXTH MONTH of STRIKE • One Orkers Onllnue Etiance 0 Ellou
15¢ WfJRNERS "N'O'RIJA". :\,' ... Number 5 or February 1972 NY LOCAL IN SIXTH MONTH OF STRIKE • one orKers onllnue eTiance 0 ellou After six months of stubborn determination 'by voted to stay out after rejecting the sell-out na ing to offer some minor concessions on local is telephone workers, the New York phone strike tional contract of that year (which Beirne himself sues, a burst of activity now, giving the member suddenly seemed to come to life, seemingly with later imp Ii e d was "small potatoes"). Beirne's ship the feeling of having won some kind of "vic the blessings of all the leaders. Mass picketing response was swift: he split the locals and co tory," may be a trick designed to put over a new of Bell installations, "education" of scabs, and operated with the company, ,to deprive them of sellout. Either way, the result is essentially the militant marches through the streets of Manha,.ttan their dues check-off so that he 'could put them in Q~me-six months out for another betrayal., and Brooklyn by masses of phone workers ex a position of total dependence on the International. pressed new spirit. The New York strike is yet Local 4016 president William Moultrie was black Learn the Lessons of the Past! another e x amp I e of the great capacity of the listed from the company for doing no more than This familiar pattern explains the extremely American workers for sacrifice on behalf of their New York Local 1101 president Carnivale is doing high rate of turnover of ew A local leaders\],ips. -
Libertarian Corporatism Is Not an Oxymoron
ROGERS.TOPRINTER (DO NOT DELETE) 6/14/2016 5:06 PM Libertarian Corporatism is Not an Oxymoron Brishen Rogers* Introduction Our constitutional democracy and our republican form of government, Joseph Fishkin and William Forbath argue in their recent work, depend on “a measure of economic and social democracy.”1 A truly democratic state, in their view, cannot just regulate powerful actors. It must also enable or positively encourage “robust intermediate organizations,” especially unions, to “offset the political power of concentrated wealth.”2 The history of the welfare state bears out this point. It is no accident that the era of mass unionization was also an era of quite progressive taxation, relatively tame executive compensation, and definancialization.3 Nor is it an accident that the decline of the welfare state, the decline of the labor movement, and the rise in income inequality have occurred in tandem in virtually every advanced economy.4 Mainstream policy debate around inequality, which focuses largely on ensuring progressive taxation, often misses this lesson.5 And yet empowering secondary associations can be very difficult in a constitutional culture that prizes individual liberty. It is not enough to just protect workers’ freedom to choose unionization while leaving other property relations intact,6 since economic elites will generally resist * Associate Professor, Temple University Beasley School of Law, [email protected]. The research leading up to this Essay was supported in part by the Roosevelt Institute’s Future of Work Initiative. For helpful comments and conversations, thanks to Willy Forbath, Joey Fishkin, and participants in the Texas Law Review Symposium on the Constitution and Economic Inequality.