The Framework of Democracy in Union Government
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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 . -
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 ........................ -
Collective Bargaining Agreement the Regional Transportation District
Collective Bargaining Agreement 2018-2021 by and between The Regional Transportation District David A. Genova, General Manager and CEO and Amalgamated Transit Union Local 1001 Julio X. Rivera, President and Business Agent TABLE OF CONTENTS MASTER AGREEMENT ............................................................................................... 10 ARTICLE I ..................................................................................................................... 10 GENERAL PROVISIONS ............................................................................................. 10 SECTION 1 ................................................................................................................... 10 MANAGEMENT-UNION RELATIONS .......................................................................... 10 SECTION 2 ................................................................................................................... 10 TERM OF AGREEMENT .............................................................................................. 10 SECTION 3 ................................................................................................................... 11 RECOGNITION AND BARGAINING UNIT ................................................................... 11 SECTION 4 ................................................................................................................... 11 ADDITIONAL AGREEMENTS BETWEEN THE PARTIES .......................................... 11 SECTION 5 .................................................................................................................. -
Labor Law Access Rules and Stare Decisis: Developing a Planned Parenthood-Based Model of Reform Rafael Gely University of Missouri School of Law, [email protected]
University of Missouri School of Law Scholarship Repository Faculty Publications 1999 Labor Law Access Rules and Stare Decisis: Developing a Planned Parenthood-Based Model of Reform Rafael Gely University of Missouri School of Law, [email protected] Leonard Bierman University of TexasA & M Mays Business, [email protected] Follow this and additional works at: http://scholarship.law.missouri.edu/facpubs Part of the Labor and Employment Law Commons Recommended Citation Rafael Gely & Leonard Bierman, Labor Law Access Rules and Stare Decisis: Developing A Planned Parenthood-Based Model of Reform, 20 Berkeley J. Emp. & Lab. L. 138 (1999) This Article is brought to you for free and open access by University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of University of Missouri School of Law Scholarship Repository. Labor Law Access Rules and Stare Decisis: Developing a Planned Parenthood -Based Model of Reform Rafael Gely* Leonard Bierman** This article deals with laborlaw access rules, particularlythe rights of unions to gain access to employers' private property for organizing pur- poses. Professors Gely and Bierman provide a comprehensive analysis of the access issue and identify two major problems with the manner in which the Supreme Court has approachedthis area. First,the Supreme Court has dealt piecemeal with the various aspects of this problem without attempting to develop a coherentframework. Second, the Court has been reluctant to analyze the access issue within the context of today's workplace. Professors Gely and Bierman attribute the Supreme Court's flawed approach to this area to the doctrine of stare decisis. -
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. -
The Role of Trade Unions in Creating and Maintaining a Democratic Society Barbara Fick Notre Dame Law School, [email protected]
Notre Dame Law School NDLScholarship Journal Articles Publications 6-5-2009 Not Just Collective Bargaining: The Role Of Trade Unions In Creating And Maintaining A Democratic Society Barbara Fick Notre Dame Law School, [email protected] Follow this and additional works at: https://scholarship.law.nd.edu/law_faculty_scholarship Part of the Labor and Employment Law Commons Recommended Citation Barbara Fick, Not Just Collective Bargaining: The Role Of Trade Unions In Creating And Maintaining A Democratic Society, Working USA: The ourJ nal of Labor and Society, Vol. 12, pp. 249-264. Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/1225 This Article is brought to you for free and open access by the Publications at NDLScholarship. It has been accepted for inclusion in Journal Articles by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. NOT JUST COLLECTIVE BARGAINING: THE ROLE OF TRADE UNIONS IN CREATING AND MAINTAINING A DEMOCRATIC SOCIETY by Barbara J. Fick1 –“...and so he fails – and in this he resembles many members of the propertied classes both in England and in America – to understand that trade unionism is not an disintegrating but a stabilizing force.” Rebecca West, BLACK LAMB AND GREY FALCON 481 (Penguin Books 1995)(1941). – “Those who would destroy or further limit the rights of organized labor – those who cripple collective bargaining or prevent organization of the unorganized – do a disservice to the cause of democracy.” John F. Kennedy, quoted in Peter Kihss, Labor Called Key to Nation’s Race with Communism, N.Y. TIMES, September 5, 1960 at A-1. -
Issue No. 45, August, 1977
NUMBER 45 AUGUST 1977 TWENTY CENTS Defend pickets, bans, closed shops o Ilrightll to scab!I From the massive open-cut mines of t·he Pilbara to rai sed by the SUA) working shorter hours at no loss in the wharves of Queensland, the recent outbreak of pay plus full parity at the highest international level. class battles has manifested the bourgeoisie~s deter The legislative attacks on union rights have been mination to cripple the trade-union movement. The tory accompanied by an increasingly shrill propaganda cam governments of Charles Court in West Australia and Joh paign to whip up pOPlliar anti-union sentiment. During Bjelke-Petersen in Queensl and have spearheaded a the Mt Newman strike in West Australia, Court sent let deliberate campaign of open provocation and repressive ters to every householder in the Pilbara encouraging legislation designed to strip organised labour of its their involvement in "restoring industrial peace" -- at only effective weapon against the bosses: the ability a government eXPense of over $800! Following mass to organise and effect a shutdown of production. The union mobilisationsin defence of the arrested Fre closed shop and the right to picket have been threat mantle pi cketers, over 2000 avowedly middl e-class ened by legislative attacks and a barrage of propaganda marchers, organised by a liberal Party member, demon in the bosses' press aimed at mobilising an anti-union strated against "irresponsible unionism" in Perth. And hysteria and glorifying common scabs as heroic "rebels" during the Fremantle conflict, a little-known Women's and "victims" of the "powerful", "militant" unions. -
1.3 Recent Board & Department of Labor Activity on Union Organizing
ABOUT THE AUTHORS Michael G. Pedhirney is a shareholder in the San Francisco office of Littler Mendelson, P.C., the largest U.S.-based law firm exclusively devoted to representing management in labor and employment law. Michael focuses on the representation of management in a broad range of labor and employment law matters, particularly collective bargaining and matters before the National Labor Relations Board (NLRB). In addition to appearing in state and federal courts and before the NLRB, Michael also represents employers in collective bargaining and handles arbitrations and mediations. Karen A. Sundermier, in her current role as a Knowledge Management Counsel for Littler, helped design Littler LaborSmart™, an interactive, online tool that allows in-house legal and labor relations professionals to access all of their company’s collective bargaining agreements in a structured, searchable database. The tool allows companies to swiftly identify and compare language for contract administration, grievance, and negotiation purposes. Prior to turning her focus to offering strategic and innovative legal service solutions, Karen represented employers in a broad spectrum of employment and labor matters and assisted employers with representation elections and collective bargaining as a Littler associate and in- house employment counsel. She currently serves as an editor for Littler’s publications on labor relations topics. © 2018 LITTLER MENDELSON, P.C. ALL RIGHTS RESERVED. i COVERAGE Scope of Discussion. This publication explains union election procedures and the NLRB’s role in overseeing elections. It also explores NLRB precedent on objectionable conduct by different parties that may result in election results being overturned. Also included is information concerning actions employers are permitted to take and are prohibited from taking in advance of and in response to union organizing drives. -
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. -
NFIB Guide to Managing Unionization Efforts | One
www.NFIB.com/unionizationguide nFIB guIde to ManagIng unIonIzatIon eFForts 1. What to Do When Facing an Organizing de I Campaign » Know your rights » Understand the National Labor Relations Act » Be familiar with the National Labor Relations Board What’s Ins 2. Allowing Unions Access to Your Employees ✔ » Rules regarding the solicitation of your employees » Distribution of pro-union materials 3. What You Can Say to Your Employees » Communicating the disadvantages of union membership » Talking about strikes 4. What You Cannot Say to Your Employees » Consider their perspective » Six guidelines to remember 5. What to Do When Your Rights the Union Arrives » Avoid costly missteps During a Union Organizing Campaign DEVELOPED BY SMALL BUSINESS LEGAL CENTER www.NFIB.com/unionizationguide A Message from the President Dear NFIB Member: ✔ With membership on the decline for decades, unions are scrambling to boost their numbers any way they can. More than ever before, unions are targeting small and independent businesses. Expedited election regulations, mandatory paid time off and expansion of the Family Medical Leave Act are big ticket items with which they hope to turn the tide back in their favor. We are the leading voice fighting these initiatives. We believe that you should be free to offer the policies and benefit plans that best suit your business and your employees. We believe that one-size-fits-all employment policies don’t work for small businesses. You need flexible workplace policies to juggle your em- aBout nFIB guIde to ManagIng ployees’ needs, as well as your own. unIonIzatIon eFForts To help you, the NFIB Small Business Legal Center has developed Our third installation in a series of guides for small the NFIB Guide to Labor Relations: Your Rights During a Union businesses, the NFIB Guide to Managing Unionization Organizing Campaign, where you’ll discover information on what Efforts features information on what to do when facing to do when facing unionization, including when and where unions unionization. -
Union Trusteeships and Union Democracy
University of Michigan Journal of Law Reform Volume 24 Issues 3&4 1991 Union Trusteeships and Union Democracy Clyde W. Summers University of Pennsylvania Follow this and additional works at: https://repository.law.umich.edu/mjlr Part of the Labor and Employment Law Commons Recommended Citation Clyde W. Summers, Union Trusteeships and Union Democracy, 24 U. MICH. J. L. REFORM 689 (1991). Available at: https://repository.law.umich.edu/mjlr/vol24/iss3/6 This Symposium Article is brought to you for free and open access by the University of Michigan Journal of Law Reform at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in University of Michigan Journal of Law Reform by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. UNION TRUSTEESHIPS AND UNION DEMOCRACYt Clyde W. Summers* I start from the fundamental premise that unions should be democratic. They must be democratic if they are to serve the union movement's own mission and if they are to serve our society's democratic values. The historic tradition of the labor movement was to enrich democratic values in society by making workers full members of society and enabling them to have a greater voice in shaping society. Consistent with that purpose, unions in their internal governing structure have almost uniformly been built on the democratic model, with officers elected by the vote of the members and decisions made by vote in open meeting or by elected representatives. The declared purpose of the Wagner Act,1 enacted fifty years ago, was to encourage and promote collective bargaining. -
Public Interest in Union Democracy by Clyde W
The Public Interest in Union Democracy By Clyde W. Summers* If there be any public policy touching the government of labor unions, and there can be no doubt that there is, it is that traditionally democratic means of improving their union may be freely availed of by members without fear of harm or penalty. 1 F OR two years during a period of relative labor peace, the spot- light has been focused on labor unions more sharply than at any time since the passage of the Taft-Hartley Act. Attention has been centered not on union-management relations but on the internal operations of unions. Primary attention has been on the diversion of union funds, and the use by union leaders of their positions of power for self-enrichment. Secondary but substantial attention has been on union governmental processes through which union leaders are chosen and union policies made. During the last session of Congress, five major proposals were introduced in the Senate to regulate internal union affairs. 2 These culminated in the ill-fated Kennedy-Ives Bill,3 which bounded through the Senate only to die a fitful death in the House.4 All of these bills went beyond the control of union finances and reached into the governmental processes of unions. The Kennedy-Ives Bill sought to regulate union elections, prescribe certain qualifications for union office, and limit the power of international unions to impose trusteeships on local unions. Proposals for legislation necessarily assume that the public has an interest in protecting and fostering union democracy. This premise, although easily assumed, is not so easily demonstrated, nor can the precise basis of that interest be readily articulated.