Automobile Workers' Strikes
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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. -
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. -
Rushing Union Elections: Protecting the Interests of Big Labor at the Expense of Workers’ Free Choice
RUSHING UNION ELECTIONS: PROTECTING THE INTERESTS OF BIG LABOR AT THE EXPENSE OF WORKERS’ FREE CHOICE HEARING BEFORE THE COMMITTEE ON EDUCATION AND THE WORKFORCE U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED TWELFTH CONGRESS FIRST SESSION HEARING HELD IN WASHINGTON, DC, JULY 7, 2011 Serial No. 112–31 Printed for the use of the Committee on Education and the Workforce ( Available via the World Wide Web: www.gpo.gov/fdsys/browse/committee.action?chamber=house&committee=education or Committee address: http://edworkforce.house.gov U.S. GOVERNMENT PRINTING OFFICE 67–240 PDF WASHINGTON : 2011 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) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 COMMITTEE ON EDUCATION AND THE WORKFORCE JOHN KLINE, Minnesota, Chairman Thomas E. Petri, Wisconsin George Miller, California, Howard P. ‘‘Buck’’ McKeon, California Senior Democratic Member Judy Biggert, Illinois Dale E. Kildee, Michigan Todd Russell Platts, Pennsylvania Donald M. Payne, New Jersey Joe Wilson, South Carolina Robert E. Andrews, New Jersey Virginia Foxx, North Carolina Robert C. ‘‘Bobby’’ Scott, Virginia Bob Goodlatte, Virginia Lynn C. Woolsey, California Duncan Hunter, California Rube´n Hinojosa, Texas David P. Roe, Tennessee Carolyn McCarthy, New York Glenn Thompson, Pennsylvania John F. Tierney, Massachusetts Tim Walberg, Michigan Dennis J. Kucinich, Ohio Scott DesJarlais, Tennessee David Wu, Oregon Richard L. Hanna, New York Rush D. Holt, New Jersey Todd Rokita, Indiana Susan A. Davis, California Larry Bucshon, Indiana Rau´ l M. Grijalva, Arizona Trey Gowdy, South Carolina Timothy H. -
Vulnerable Workers and Precarious Work
VULNERABLE WORKERS AND PRECARIOUS WORK BACKGROUND PAPER (Note: there is a companion Consultation Paper in this Project) DECEMBER 2010 Available online at www.lco‐cdo.org Disponible en français ISBN: 978‐1‐926661‐21‐6 ABOUT THE LAW COMMISSION OF ONTARIO The Law Commission of Ontario (LCO) was created by an Agreement among the Law Foundation of Ontario, the Ontario Ministry of the Attorney General, Osgoode Hall Law School and the Law Society of Upper Canada, all of whom provide funding for the LCO, and the Ontario law deans. It is situated at York University, officially housed at Osgoode Hall Law School. The mandate of the LCO is to recommend law reform measures to enhance the legal system’s relevance, effectiveness and accessibility; improve the administration of justice through the clarification and simplification of the law; consider the use of technology to enhance access to justice; stimulate critical legal debate; and study areas that are underserved by other research. The LCO is independent of government. It selects projects that are of interest to and reflective of the diverse communities in Ontario and is committed to engage in multi‐disciplinary research and analysis and make holistic recommendations, as well as to collaborate with other bodies and consult with affected groups and the public more generally. This Background Paper is intended to accompany a Consultation Paper which provides a shorter discussion of the main issues and which sets out questions on which the LCO particularly seeks feedback. Both documents are available on the LCO’s website at www.lco‐ cdo.org. Law Commission of Ontario Tel: 416.650.8406 276 York Lanes, York University TTY: 1.877.650.8082 4700 Keele Street Fax: 416.650.8418 Toronto, Ontario, Canada Email: LawCommission@lco‐cdo.org M3J 1P3 Website: www.lco‐cdo.org i TABLE OF CONTENTS PREFACE………………………………………..………………………………………………………………………………………….iv EXECUTIVE SUMMARY……………………………………………………………………………………………………………..vi I. -
The Case Against the So-Called Right to Work Act, 15 La
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Louisiana State University: DigitalCommons @ LSU Law Center Louisiana Law Review Volume 15 | Number 1 Survey of 1954 Louisiana Legislation December 1954 The aC se Against the So-Called Right to Work Act William J. Dodd Repository Citation William J. Dodd, The Case Against the So-Called Right to Work Act, 15 La. L. Rev. (1954) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol15/iss1/18 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. The Case Against the So-Called Right to Work Act William J. Dodd* Act 252 of 1954, referred to as "Louisiana's Right to Work Law," was without question the most controversial legislative problem considered during the 1954 legislative session. The act is class legislation and may well result in a disruption of the otherwise harmonious labor relations that have existed in Lou- isiana up to the present time. Without attempting to go into the reasons why the sponsors and backers of this legislation promoted its passage, let us look at the harm the enforcement of this act can bring to labor relations in Louisiana. Briefly, the following indictments can be brought against this so-called "Right to Work" act:' It will disrupt the harmonious relations presently existing between labor and management and unreasonably restrict em- ployees in the exercise of freedom of speech and communication by forbidding picketing or other lawful means of communi- cating the facts regarding labor disputes. -
The Case for a Fair Deal Labor Policy, Speeches in Senate, Washington, D.C., June 10 and 14, 1949
Th_e Case for a Fair Deal Labor Policy Speeches of HON. HUBERT H. HUMPHREY of Minnesota In the Senate of the United States l June 10 and 14, 1949 "I submit that the processes of democracy are a s relentless and ever-flowing as the )ide itself ..• the American people, the worlcing people of this country, the people who have been oppressed by this law-, are determined that they are going to remove this kind of punitive legislation from the statute books, and are determine.d that they are going to have something to say about the proc esses of government, because this country is their r-- country, as well as it is yours and mine." NOT PRINTED AT GOVERNM~NT EXPENSE 844385---30518 <tongrrssional Rrcord PROCEEDINGS AND DilBATES OF THE 81st CONGRESS, FIRST SESSION A Case For a Fair .Labor Policy SPEECHES of the appropriate purposes· of such pol OF icy. What can_a Government labor pol icy achieve and what are its limits? Table of Contents HON. -HUBERT H. HUMPHREY What should a Government try to do in OF MINNESOTA that field, and what should it refrain IN THE SENATE OF THE UNITED STATES from trying to do? Page June 10 and 14, 1949 Statements of objectives too often are Objectives of a. National L abor Policy____________ 3 mere generalizations on which everyone The P lace of Labor Unions in Our Economy______ 8 can agree. This is true of much of the June 10, 1949 "declaration of policy" in the preamble H istorical Background of Government's Attitude The Senate resumed the consideration of. -
BRINGING the WORKERS' RIGHTS BACK IN? the Discourses And
Simon Pahle Philosophiae Doctor (P Department of International EnvironmentNorwegian and Development University Studies, of Life SciencesNoragric • Universitetet for miljø- og biovitenskap ISBN 978-82-575-0980-4 ISSN 1503-1667 BRINGING THE WORKERS’ RIGHTS BACK IN? The Discourses and Politics of fortifying h D) Thesis 2011:16 Core Labour Standards through a Labour- Trade Linkage Simon Pahle Philosophiae Doctor (P h D) Thesis 2011:16 Norwegian University of Life Sciences NO–1432 Ås, Norway Phone +47 64 96 50 00 www.umb.no, e-mail: [email protected] BRINGING THE WORKERS’ RIGHTS BACK IN? The Discourses and Politics of fortifying Core Labour Standards through a Labour-Trade Linkage Philosophiae Doctor (PhD) Thesis Simon Pahle Department of International Environment and Development Studies (Noragric) Norwegian University of Life Sciences (UMB) Ås 2011 Thesis number 2011:16 ISBN 978-82-575-0980-4 ISSN 1503-1667 TIL MATHIAS & GABRIEL (Alt har sin pris) BRINGING THE WORKERS’ RIGHTS BACK IN? The Discourses and Politics of fortifying Core Labour Standards through a Labour-Trade Linkage ABSTRACT Throughout the 1990s the International Confederation of Free Trade Unions (ICFTU) conducted a campaign to convince states to institute a linkage between the international labour and trade regimes (also dubbed a social clause): Trading rights granted to countries qua members of the World Trade Organisation (WTO) would be made conditional on their compliance with International Labour Organisation (ILO) core labour standards – i.e., their upholding of the rights that enable workers ‘to claim a fair share of the wealth they have helped to generate’. The proposal was premised on the claim that increasing global competition confers commercial advantages on producers that undercut labour standards, and that this incites a regulatory race to the bottom. -
Union Issues in the Solid Waste Industry
archive LittlerThis article recently appeared in the National Solid Wastes Management Association, September 2005. Union Issues in the Solid Waste Industry by Ronald J. Holland and Philip Paturzo Summary sentatives of employees for collec- rates above the national average. In tive bargaining purposes, and the contrast, states in the Southeast and Union membership in America has bargaining process itself. It also Southwest tended to have far less been in a downward spiral for the addresses recent strikes in the in- union density. past 50 years. However, this does dustry and the ways employers can not mean that the private solid prepare in advance to reduce the Given the steady decline in union waste industry can rest easy. Be- impact of a strike. Finally, the pa- membership throughout the coun- cause the type of work performed per looks at management initiatives try, the private solid waste industry by industry employees cannot be that should be used to reduce the should not be concerned about new sent abroad to reduce labor costs possibility that employees will seek organizing efforts, right? Wrong. and the nature of the business is union representation. recession-resistant, unions recently The Teamsters boasts that it rep- have targeted solid waste compa- Background resents over 25,000 private solid nies. Specifically, the International waste industry workers.2 And it is Brotherhood of Teamsters, the larg- Labor unions have existed in not content to stop there. In 2004, est union player in the field, has America since the 1800s. By the Teamsters President James P. Hoffa publicly vowed to unionize private mid-1950s, at the height of the la- said: “It is the priority of the Team- solid waste companies nationwide bor movement, roughly 35 percent sters Union to bring justice to solid and has expended significant re- of the American workforce was waste workers throughout the coun- sources to achieve that goal. -
Glossary of Terms Commonly Used in Labor Relations
GLOSSARY OF TERMS COMMONLY USED IN LABOR RELATIONS Advisory Arbitration–See Arbitration. American Arbitration Association (AAA)–A private Agency Shop–Agreement which requires that all employ- non-profit organization established to promote arbi- ees in the bargaining unit who do not join the employee tration as a method of settling commercial and labor organization pay a representation fee in lieu of union disputes. The AAA provides lists of qualified arbitrators dues to help defray the organization’s expenses as to employee organizations and employers on request as exclusive representative. In New Jersey, in accordance well as legal and technical assistance to arbitrators. with the Employer-Employee Relations Act, the avail- Anti-Union Animus–Employment decision that is taken ability of an agency shop arrangement is a negotiable without a legitimate business motive which discrimi- topic. The New Jersey Law establishes several condi- nates against an employee because of union activity; an tions for this agreement, including specific directions unfair labor practice under the New Jersey Employer- relegating the representation fee. Under the Law, those Employee Relations Act. fees cannot exceed 85% of the regular membership dues. These fees must be based upon the union’s Appropriate Unit–See Bargaining Unit. expenditures, for bargaining and relevant lobbying Arbitration–A dispute resolution procedure in which activities, in the previous year. The right to determine an impartial third party renders a decision on an issue the fee rests with the union; the employer has no role submitted by the parties. in establishing the fee. However, before an employer Grievance Arbitration (Rights Arbitration)–A contractu- may deduct a representation fee from an employee’s ally agreed-upon procedure for the settlement of griev- paycheck, a union must establish a demand and return ances, usually involving interpretation and application system.