Labor Law

In: Business and Management

Submitted By LALALALALA1
Words 506
Pages 3
Labor Law
What is the name of the federal agency that conducts elections to determine if employees wish to be represented by a labor union? The National Labor Relations Board is the name of the federal agency that conducts elections. 2. If the hospital became upset at Sylvia for daring to request to the HR Director that the hospital increase its sick leave benefits and terminated her employment on the ground that she was a "troublemaker" would Sylvia have any legal grounds upon which to challenge her termination? Assume that she was terminated before she first contacted the union? Please explain your answer. In the event that she is fired before actually contacting the union officials, the hospital could easily make an argument that she had been terminated for legitimate reasons, as they could not use union contact to determine her employment status. The hospital could in fact terminate her employment and the most Sylvia could do, would be to ask how she had been a troublemaker. 3. Was the hospital correct that it was not obligated to bargain with the union over how much paid sick leave the employees should be entitled to? If not, please explain why the hospital was incorrect. The hospital was incorrect with regards to not being obligated to bargain over paid sick leave. According to the National Labor Relations Act, the union and company are obligated to bargain over wages, hours, and other working conditions. 4. Did the union have a legal right to threaten strike to the employer? If so, explain why, and also explain what kind of strike it would be. The union absolutely has the legal right to strike against the employer, assuming there is not a no-strike clause in the contract and assuming that some or all of the negotiations had broken down. Employees need to have legitimate reason to strike, and be legally covered to do so. 5. After the union won the election,…...

Similar Documents

Labor Laws and Unions

...Running Head: Labor Laws and Unions One Labor Laws and Unions By Amanda Garcia August 14, 2011 HRM/531 Instructor: Scott Beck Labor Laws and Unions Two Labor Laws and Unions The United Parcel Service is a well-known logistics company with a long history of union involvement. The UPS strike in 1997 was a result of part-time employees working for years at the same starting wage and on almost a decade long waiting list for full-time positions. For 15 days the employees of United Parcel Service went on strike and the company was dealt millions of dollars in lost revenue. The United Parcel Service made the decision to significantly increase full-time jobs by adding an additional 10,000 positions. The company also made an increase in part-time to full-time ratios by implementing a significant increase in job advancement opportunities. Since union involvement, UPS has become a company with more to...

Words: 743 - Pages: 3

Labor Law

...leaders from the Centre of Indian Trade Unions (CITU), the All India Trade Union Congress (AITUC) and the Indian National Trade Union Congress (INTUC) and the Deputy Labour Commissioner, Bangalore to gather information pertaining to general working conditions, the Toyota system of production, labour disputes and settlement and company practices. Information pertaining to the history of the unit, market share, details of investments, Government policies etc are gathered through secondary research, largely by reviewing the relevant available literature. Sources of secondary information include policy documents of the Ministry of Commerce and Industries, Government of India (GOI), Government of Karnataka province and Japan Information Cell, labour laws, Register of Dispute Settlements, newspaper reports, published research works and websites related to auto industries in India. 1.2 Organisation of the Study The study is organised into two sections. The first section gives general information about investment of foreign capital in India’s automobile industry and government policies and incentives to attract investment to the sector. The second section tries to analyse the impact of production organisation and flexible production in labour conditions, citing the case of Toyota Motors. It also gives an account of the general background of the workers, wages and working conditions and collective labour actions. 2. INDIAN AUTOMOTIVE SECTOR: CAPITAL INVESTMENT AND GOVERNMENT......

Words: 32270 - Pages: 130

Individual Labor Laws and Unions

...Individual Labor Laws and Unions Lalith Madhusudhanan Duraisamy Gurusamy HRM/531 - Human Capital Management Due Date: Mon 11/19/2012 Instructor’s Name: Prof. John Henderson Individual Labor Laws and Unions An organization with which I am familiar that is currently unionized is AT&T Inc. AT&T Inc. AT&T Inc. (formerly SBC Communications) is one of the largest telecommunications groups in the United States. It is engaged in providing telecommunication services to its customers, predominantly in the US. The company provides both wire line and wireless-based telecommunication services. The company’s service offerings include local exchange services, data/broadband and Internet services, and long-distance services. In addition, the company also offers video services, telecommunications equipment, managed networking, wholesale services and directory advertising and publishing. It offers TV services under the U-verse brand. AT&T provides voice coverage in over 220 nations, data roaming in over 190 countries, and 3G in over 125 countries. The company is also the major provider of broadband connectivity with over than 17.46 million subscribers in the US. For more than a century, it has consistently provided innovative, reliable, high-quality products and services and excellent customer care. Today, its mission is to connect......

Words: 2547 - Pages: 11

Labor Laws

...Labor Laws and Unions Mitch Atkinson HRM/531 October 29, 2012 Dennis Cashman Labor Laws and Unions This paper topic is the organizational benefits of joining a union, the unionization process, union bargaining procedures, and the effects union bargaining has on an organization. American Airlines (AA) and the transportation workers union (TWU) are the selected organization and company. Included information, background information on American Airlines, along with history of TWU at AA, legal issues, and obstacles that AA has encountered with TWU. AMR Corporation, the parent company of American Airlines, Inc. and AMR Eagle Holding Corporation filed in November 2011 a voluntary petition for Chapter 11 reorganization. To achieve a cost and debt structure that was industry competitive for long-term viability. There are various unions associated with the airline industry, the one chosen to discuss in this paper is the transportation workers union. TWU has 114 autonomous locals representing more than 200,000 members in 22 states around the country. As part of the Chapter 11 reorganization of AA the initial announcement that as many as 11,000 workers may be let go at the Fort Worth-based airline. The most recent announcement from AA is that approximately 4,400 mechanics, store clerks, and ground crew members of TWU will be part of a lay off. There are seven TWU workgroups representing approximately 24,000 employees at American Airlines. As part of the strategic and......

Words: 977 - Pages: 4

Labor Laws and Unions

...Labor Laws and Unions HRM/531 07/26/2012 L. Robinson Labor Laws and Unions In this paper I will briefly give background information on Union Pacific Railroad. Identify any legal issues and obstacles that Union Pacific may have or encounter. Discuss if any federal, state, or local laws were broken because of the legal issues and why. I will also provide recommendations to minimize any litigation. The Pacific Railroad Act of 1862 was approved by President Abraham Lincoln, it also provided the construction of railroads. Union Pacific Railroad is a transportation company chartered by Congress to build the nation’s first transcontinental railroad line. Because of the Pacific Railroad Act, Union Pacific was approved to build a line west from Omaha, Nebraska to California-Nevada line, there it was to join with the Central Pacific RR, which was being built at the same time from Sacramento, California. Each company after completion of the railroad was to be granted 6,400 acres of public lands. The Union Pacific Railroad has their headquarters in Omaha, Nebraska. Union Pacific Railroad is the leading railroad system in the United States. The Company has employees of more than 45,000, and operates at least 9,000 locomotives on 32,000 miles of track across 23 states in central and western United States. Union Pacific has purchased a large amount of railroads. Union Pacific’s main competitor is BNSF Railway. Union Pacific is one of the most powerful railroads in the country.......

Words: 1285 - Pages: 6

Labor Laws & Unions

...Labor Laws and Unions HRM/531 Labor Laws and Unions Unions employ labor laws to protect their members from organizations that operate in violation of the National Labor Relations Board. It is imperative that organizations such as Lewis & Lambert have a clear understanding of their union contract and the laws set forth by the NLRB. Lewis & Lambert Lewis & Lambert is Sheet Metal Contracting entity located in Fort Worth, Texas established in 1965 that prides itself in performance, quality, and value. The company is a unionized entity under contract with Sheet Metal Workers (SMW) Local 68. Lewis & Lambert's additionally owns a subsidiary, Sigma Building Services, providing HVAC, and plumbing services. Union Benefits. Lewis & Lambert employees gain the rewards of union benefits. "Union members earn better wages and benefits than workers who aren't union members" (AFL-CIO, 2011, para. 1). Additionally, Sheet Metal union members realize the advantages of health insurance benefits and stable workforce. Unionization Process. The organization employees entered the union upon its inception. The organization collected signatures of the employees calling for union representation and willing to pay union dues to Sheet Metal Workers (SMW) Local 68. According to HR Hero (2011), a minimum requirement of 30% of employees must propose induction prior to an election process (HR Hero, 2011, para. 2). Union Bargaining and Effects. Union......

Words: 745 - Pages: 3

Labor Laws

...flexible means for the adjustment of wages and employment conditions to economic and technological changes in the industry, as a result of which the chances for conflicts are reduced. 12. As a vehicle of industrial peace, collective bargaining has no equal. It is the most important and significant aspect of labor-management relations, and extends the democratic principle from the political to the industrial field. 13. It builds up a system of industrial jurisprudence by introducing civil rights in industry. In other words, it ensures that management is conducted by rules rather than by arbitrary decisions; Need for Collective Bargaining (a) A high degree at collective bargaining as measured in terms of the proportion of workers covered by collective agreements; (b) Qualitative conduct of the parties to collective bargaining both before a situation warranting negotiations develops and the methods followed at the time of arriving at agreements; (c) The right priorities assigned to different methods in the agreement and their changing pattern over time; and (d) A structure of bargaining with emphasis on central bargaining which is purported to give some order and stability to labor management relations. more at http://www.citeman.com/1213-importance-of-collective-bargaining.html#ixzz3AdbXht88...

Words: 408 - Pages: 2

Labor Law

...Abstract In today’s economy more companies are announcing that they had to systematically create some type of strategic plan to reduce the workforce in there company. The cause of reduction can be due to overstaff, slow sales, and or slow production which leads to termination. When this type of decision has to be made, it can put a heavy burden on the Human Resources Department or the Vice President of Human Resource. When making a decision to have a reduction in the workforce by terminating employees, you have to be mindful you don’t violate employment laws. This paper will discuss the recommendation of which employees to terminate based on the scenario that is given of each employee. In the given scenarios, five employees’ work ethics is given and of the five, three must be fired and two can be transition into other jobs within the company. The key is to terminate the employees without violating employment laws and give the reason for the termination. Also I will discuss any possible post termination litigation that could occur. Mike Williams is a 34 year old Asian male who has an overall performance rating of above average. With his experience and college education he, would be a valuable asset to the company. Even though the computer system he utilizes will be obsolete, additional training on a newer system would put him up to speed with his other colleagues. Mike also has no absenteeism which could indicate that he is dedicated and committed to quality work...

Words: 1393 - Pages: 6

Labor Laws

...History of the Labor Movement “It constitutes a yearly national tribute to the contributions workers have made to the strength, prosperity, and well-being of our country” (United States Department of Labor). This quotation is referring to one of our national holidays, Labor Day. Ultimately, the labor movement in the United States formed this holiday celebrated every September. Labor day is a day to celebrate how far American workers have come since before the 19th century. During the 1800s American workers could be found at their job for most of the day almost everyday. It was a hard time for families to make ends meet forcing even their children to work. On average, an individual would work twelve hours a day, seven days a week. Easy jobs, such as working in a factory or mill, children as young as five would be working to help their families pay bills and even eat a meal (History, 2010). Soon times got tougher for Americans by having wage cuts and needing them to work more hours. Several different strikes occurred starting in 1768 over these wage reductions. Workers fought for several years to be treated differently by getting paid more and working less hours; to fight for these rights strikes were happening more frequently. Soon reform efforts were popping up to fight against the social inequality occurring; Knights of Labor and National Union Labor were the most popular. However, their efforts were not changing the economic conditions the workers faced;......

Words: 375 - Pages: 2

Labor Law

...িব ােস কৃ ত কাজ-কর্ম রkণ 336৷ কিতপয় েkেt চাkরীর বর্তমান শর্তাবলী সংরkণ 337৷ আiন, িবিধ eবং pিবধােনর সারসংেkপ pদর্শণ 338৷ কিতপয় িবেশষ aবsায় বাড়ীঘর বা আি নার মািলেকর দািয়t 339৷ তথয্ সংgেহর kমতা 340৷ িনেয়াগ সmর্ক aনুমান 341৷ কিতপয় তথয্ pকােশ বাধা-িনেষধ 342৷ কিতপয় িবষেয় েগাপনীয়তা রkা 343৷ েবাের্ডর কারয্ধারা রkণ 344৷ েবাের্ডর েময়াদ, kমতা, কারয্ধারা iতয্ািদ সmের্ক সাধারণ িবধান 345৷ সমকােজর জনয্ সম-মজুরী pদান 346৷ সাধারণ েkেt েকার্ট িফস 347৷ কিতপয় p , iতয্ািদ সmেn বাধা- িনেষধ 348৷ ei আiেনর uপর pিশkণ 349৷ ে ড iuিনয়েনর কিতপয় কর্মকাn িনিষd 350৷ aনয্ আদালেতর eখিতয়ােরর uপর বাধা-িনেষধ 351৷ িবিধ pণয়েনর kমতা 352৷ িবিধ, pিবধান o sীেম দে র িবধান 353৷ রিহতকরণ o েহফাজত 354৷ মূল পাঠ eবং iংেরজীেত পাঠ তফিসল Copyright®2008, Ministry of Law, Justice and Parliamentary Affairs Today's Total Visit 2795 বাংলােদশ ম আiন, 2006 ( 2006 সেনর 42 নং আiন ) [11 aেkাবর 2006] িমক িনেয়াগ, মািলক o িমেকর মেধয্ সmর্ক, সরব্িনm মজুরীর হার িনর্ধারণ, মজুরী পিরেশাধ, কারয্কােল দুর্ঘটনাজিনত কারেণ িমেকর জখেমর জেনয্ kিতপূরণ, ে ড iuিনয়ন গঠন, িশl িবেরাধ utাপন o িন িt, িমেকর sাsয্, িনরাপtা, কলয্াণ o চাkরীর aবsা o পিরেবশ eবং িশkাধীনতা o সংি িবষয়ািদ সmের্ক সকল আiেনর সংেশাধন o সংহতকরণকেl pণীত আiন েযেহতু িমক িনেয়াগ, মািলক o িমেকর মেধয্ সmর্ক, সরব্িনm◌্ ন মজুরীর হার িনর্ধারণ, মজুরী পিরেশাধ, কারয্কােল দুর্ঘটনাজিনত কারেণ িমেকর জখেমর জনয্ kিতপূরণ, ে ড iuিনয়ন গঠন, িশl িবেরাধ utাপন o িন িt, িমেকর sাsয্, িনরাপtা, কলয্াণ o চাkরীর aবsা o পিরেবশ eবং িশkাধীনতা o সংি িবষয়ািদ সmের্ক সকল আiেনর সংেশাধন......

Words: 56742 - Pages: 227

Labor Law in Spain

...Labor law in Spain. Amira Hassanaly BLAW 225 Labor law in Spain. Amira Hassanaly BLAW 225 Outline I. Introduction II. Employment contract a) Permanent contract or fixed contract b) Temporary contract c) Training contract d) Work experience contract e) Part time contract III. Working Conditions a) Salary b) Working time c) Rest time d) Overtime e) Working day and family f) Holidays and leaves g) Unpaid leaves h) Maternity and paternity leave i) Dismissal IV. Employee’s rights V. Social Securities VI. Unions VII. Conclusion I. Introduction As is the case almost in all European countries, Spanish labor law is very understandable and ensure protection for employees. According to the definition labor law is a body of law that govern the employer-employee relation, including employment contract. The relationship between employer and employee is more than the exchange of labor for money it is also covers workplace rights and a large group of regulation on issues such as protection from discrimination, wages hours and health and safety. Labor law also deals with individual and collective relationships between employees and employers. The economic crisis of 2008 showed that the Spanish labor model was not working out. The labor legislation change in 2012 in order to be more suitable in a time of crisis within the labor market, the legislation modifies the......

Words: 2824 - Pages: 12

Labor Law

...Labor Law Outline – Prof. West, Spring 2002 Historical Background, Etc Employment at Will A. History 1. Started from master/servant relations 2. Illustrates basic American way 3. Doctrine developed in response to industrial revolution B. CA Common Law 1. One can end the employment relationship at any time for any reason a) Either party can terminate at any time C. Exceptions 1. Limited statutory exceptions to employment at will 2. Unions a) If in one, may only be fired for just cause under labor K Wrongful Discharge Cause of Actions A. Common Law 1. Can’t order reinstatement if employees are fired and they sue for breach of K 2. Reinstatement is a traditional remedy only under statute B. California Causes of Action 1. Generally a) Tort claims—get damages including emotional distress, punitive damages. 1) Can’t get those through breach of K 2) Easier to find a lawyer to take case under tort claims b) Whistle blowing 1) Under statute, must complain to a govm’t official, not just internally c) Affects private employees 1) Public employees can’t be deprived of their jobs without due process and just cause 2. Discharge in violation of public policy a) Employee can have tort action if fired in......

Words: 7099 - Pages: 29

Labor Laws and Unions

...Labor Laws and Unions John T. Smith HRM/531 - Week XX XX January 20XX Joseph P. Stevens Labor Laws and Unions If one has not been living under a rock these past few years, he should be aware of General Motors (GM), once the greatest automobile manufacturer in the United States, fall from grace. It was not always so bad. According to GM’s website, GM was founded by William “Billy” Durant on September 16, 1908. Durant became a leading manufacturer of horse-drawn vehicles in Flint, Michigan, before making his foray into the automobile industry. At its inception, GM held only the Buick Motor Company, but in a matter of years would acquire more than 20 companies, including Oldsmobile, Cadillac, and Oakland, today known as Pontiac (General Motors, 2012). Two weeks shy of 101 years from the day it was founded, GM filed for bankruptcy and subsequently was bailed out by the Obama administration. The union that represents General Motor autoworkers is the United Auto Workers (UAW). The UAW does not represent automobile manufacturers themselves, but employees who work for them. The longer version of its name is, “The International Union, United Automobile, Aerospace and Agricultural Implement Workers of America.” According to UAW’s website, they are one of the largest and most......

Words: 859 - Pages: 4

Labor Laws and Unions

...Labor Laws And Union Labor Laws and Unions I will discuss a brief background on Ford Motor Company. Identify legal issues and obstacles that this organization could encounter. Determine which federal, state, or local laws could be broken because of these legal issues and why. Provide recommendations to minimize possible litigation. What are the organization’s benefits of joining a union? What is the unionization process? How does a union bargain? What effects does union bargaining have on the organization? Ford Motor Company Background The Ford Motor Company was founded in 1903 by Henry Ford. The Ford Motor Company established itself as being one of the biggest automotive makers in the world. Ford is well-known for making cars and trucks. Ford is also in the business of financing vehicles. Ford has about 78 plants worldwide, Ford employs about 166,000 around the country and 41,000 United Auto Workers (UAW) within the United States. “Ford announced a new four-year labor contract with the United Automobile Workers union in October 2011. The company agreed to add 12,000 jobs and invest $6.2 billion in its United States plants. The numbers included 6,250 jobs and $2.4 billion in investment that it had previously announced” (New York Times, 2011). Legal Issues and Obstacles Ford Could Encounter The current recession has forced many workers and unions to take reductions to avoid Ford and other companies from outsourcing their production. In signing a new contract with...

Words: 1096 - Pages: 5

Labor Laws & Unions

...Running head: LABOR LAWS AND UNIONS Labor Laws and Unions Human Capital Management HRM/531 September 25, 2011 Labor Laws and Unions Unions have evolved and changed and so have companies in that top companies seem to prefer not having a union for employees. The purpose of unions in America have been consistently the same, stand with workers/members for stronger benefits, higher wages as well as racial and gender equality. Not the case for the most hated non-union company in America, Wal-Mart. “Its employees are not unionized in the United States, where the retailer has become infamous for its staunch opposition to labor groups. Even in Canada, it closed a store after workers there organized. But in the United Kingdom, Wal-Mart touts a growing roster of union employees and has negotiated contracts with entrenched labor groups in Brazil and Argentina for decades, (The Washington Post)” Wal-Mart has stores in about 13 or 14 countries, United States stores became stagnate while international stores accounted for nearly $100 billion in revenue, which is estimated at one quarter of the company’s revenue for a year. There has been an on-going battle with Wal-Mart to drop the anti union philosophy and give the employee’s the right to organize. An international alliance for Wal-Mart would seem inevitable with such good international numbers; however the company is standing ground by saying “We are a good corporate citizen (The Washington Post)”. One of the largest critics......

Words: 732 - Pages: 3