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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 . -
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. -
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 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. -
Opening the Closed Shop
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Texas A&M Repository OPENING THE CLOSED SHOP: THE GALVESTON LONGSHOREMEN'S STRIKE, 1920-1921 A Thesis by JOSEPH ANTHONY ABEL Submitted to the Office of Graduate Studies of Texas A&M University in partial fulfillment of the requirements for the degree of MASTER OF ARTS December 2004 Major Subject: History OPENING THE CLOSED SHOP: THE GALVESTON LONGSHOREMEN'S STRIKE, 1920-1921 A Thesis by JOSEPH ANTHONY ABEL Submitted to Texas A&M University in partial fulfillment of the requirements for the degree of MASTER OF ARTS Approved as to style and content by: _________________________ _________________________ David Vaught Robert Resch (Chair of Committee) (Member) _________________________ _________________________ Gregory Pappas Walter Buenger (Member) (Head of Department) December 2004 Major Subject: History iii ABSTRACT Opening the Closed Shop: The Galveston Longshoremen’s Strike, 1920-1921. (December 2004) Joseph Anthony Abel, B.A., University of Houston Chair of Advisory Committee: Dr. David Vaught Beginning in March of 1920, the Galveston coastwise longshoremen’s strike against the Morgan-Southern Pacific and Mallory steamship lines was a pivotal moment in the history of organized labor in Texas. Local and statewide business interests proved their willingness to use the state apparatus by calling on Governor William P. Hobby and the Texas National Guard to open the Port of Galveston. Despite this, the striking dockworkers maintained the moral support of many local citizens from a variety of social classes, including small merchants and officials of the Galveston municipal government. By February of 1921, however, the segregated locals representing the striking longshoremen had fallen victim to the divisive racial tactics of the shipping companies, who implemented the open-shop policy of non-discrimination in hiring on their docks. -
Virginia Department of Labor and Industry Division of Labor and Employment Law
VIRGINIA DEPARTMENT OF LABOR AND INDUSTRY DIVISION OF LABOR AND EMPLOYMENT LAW FIELD OPERATIONS MANUAL CHAPTER SIX RIGHT TO WORK This document is part of the latest version of the Virginia Department of Labor and Industry Division of Labor and Employment Law’s Field Operations Manual. This document supersedes any and all previous editions. Revised March 2010 Right to Work – Page 2 VIRGINIA DEPARTMENT OF LABOR AND INDUSTRY DIVISION OF LABOR AND EMPLOYMENT LAW FIELD OPERATIONS MANUAL DISCLAIMER The Field Operations Manual (FOM) is an operations manual that provides the Division of Labor and Employment Law investigators and staff with interpretations of statutory provisions, procedures for conducting investigations, and general administrative guidance. The FOM was developed by the Labor and Employment Law Division under the general authority to administer laws that the agency is charged with enforcing. The FOM reflects policies established through changes in legislation, regulations, court decisions, and the decisions and opinions of the Virginia Department of Labor and Industry. Further, the FOM is not used as a device for establishing interpretative policy. The Virginia Department of Labor and Industry (DOLI) is providing the information in this manual as a public service. This information and other related materials are presented to provide public access to information regarding DOLI programs. It is important to note that there will often be a delay between the official publication of the materials and the modification of these pages. Therefore, no express or implied guarantees are indicated. The Virginia Regulatory Town Hall remains the official resource for regulatory information published by the DOLI. -
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. -
Glossary of Labour Terms
Glossary of Labour Terms Available online at: http://prairies.psac.com/stewards-dictionary ADJUDICATION: Process for settling grievances by a third party when they arise out of the interpretation or application of a collective agreement or arbitral award, or out of disciplinary action resulting in financial loss or penalty (i.e., discharge, suspension ). Normally used for Public Service units covered by the Public Service Staff Relations Act. See Arbitration. AGREEMENT, COLLECTIVE: A contract (‘Collective Agreement’ and ‘Contract’ are used interchangeably) between the union acting as the bargaining agent and the employer, covering wages, hours of work, working conditions, benefits, rights of workers and union, and procedures to be followed in settling disputes and grievances. APPEAL: Procedure for seeking redress from Public Service Commission against: appointments to a job made by closed competition or job appointments made without competition. Applies only to Public Service units covered by the Public Service Employment Act. ARBITRATION: A method of settling negotiating 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 chairman and one or more representatives. 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 to end one. Arbitration (same as adjudication) terminology is used in the Canada Labour Code, Part I, the Northwest Territories Ordinances, and most Provincial Labour Codes and Acts. BARGAINING AGENT: Union designated by a labour relations board or similar government agency e.g. -
Leadership & Shop Steward Guide
Leadership & Shop Steward Guide Office and Professional Employees International Union, AFL-CIO 80 Eighth Avenue, 20th Floor New York, NY 10011 212-675-3210 www.opeiu.org Facebook.com/opeiu Twitter: @opeiu Instagram: @opeiu OPEIU Leadership/Shop Steward Guide Table of Contents Empowered and well-trained shop stewards are the backbone of successful local unions. The OPEIU Leadership/Shop Steward Guide provides training materials and resources for local union shop stewards, staff and emerging leaders. Tips for Shop Stewards What a union leader needs to do (i.e. greet new members, represent all members fairly, look for ways to agitate, organize…and other examples). What a union leader needs to know (i.e. contract, polices, co- workers, labor law and more). Know Your Weingarten Rights Spread the word to co-workers about their rights to have union representation when possibly facing discipline. This flier can be distributed in the way that’s best for your workplace. The Shop Steward’s Role in the Weingarten Meeting Weingarten rights and tips on how to effectively represent members. Supervisors and Stewards as Equals Duty of Fair Representation Just Cause Standards Questions to ask when evaluating whether a situation meets just cause standards, an important provision in most union contracts. Strategic Grievance Handling Types of grievances; the importance of timelines; investigating a potential grievance; interviewing tips; recording the grievance; presenting the grievance; reaching agreement. Strategic Grievance Handling Checklist Request Information to Represent Members and Stand Up for Our Rights A checklist for getting the facts to help prepare for a grievance or to resolve workplace issues. -
Black Trade Unions, Workplace Forums, and the Struggle for Democracy in South Africa
THE RIGHT OF REVOLUTION: BLACK TRADE UNIONS, WORKPLACE FORUMS, AND THE STRUGGLE FOR DEMOCRACY IN SOUTH AFRICA C. Matthew Smith* We know through painful experience that freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed. Martin Luther King, Jr.' I. INTRODUCTION In many ways, the story of labor relations in South Africa has run lockstep with the story of apartheid.2 The earliest of its labor laws were enacted for the benefit of white laborers only-and worked to the detriment of black laborers The Mines and Works Act of 1911, for example, established quotas for black and white workers4 and reserved certain better paying jobs in the mines for whites only.' That would only be the beginning. The Industrial Conciliation Act of 1924 followed the bloody Rand Revolt,6 a three-month strike to protest the lowering * J.D. 2000, University of Georgia. 'MARTIN LUTHER KING, JR., LETTER FROM THE BIRMINGHAM CITY JAIL 8 (Harper Collins 1994) (1963). 2 See Stephen H. Jacobson, Comment, Collective Bargainingin Undemocratic Regimes: FrancoistSpain and ContemporarySouth Africa, 12 COMP. LAB. L.J. 214, 225 (1991); Karon M. Coleman, Comment, South Africa: The UnfairLabor Practiceand the IndustrialCourt, 12 COMP. LAB. L.J. 178, 178 (1991); Bob Hepple, Trade Unions and Democracy in Transitional Societies: Reflections on Russia andSouth Africa, in HUMAN RIGHTS AND LABOR LAW: ESSAYS FOR PAUL O'HIGGINS 56, 56 (K.D. Ewing et al. eds., 1994); Mark Mitchell & Dave Russell, Black Unions and Political Change in South Africa, in CAN SOUTH AFRICA SURVIvE?: FIvE MINUTES TO MIDNIGHT 231,231 (John D.