Labor Relations

1. Define and discuss the term “collective bargaining.” Include and discuss [showing relevance or applicability] a current web-based news item/magazine article about a real life example of a collective bargaining action. Write a succinct and complete summary on the contents of the article you've provided along with your critical comments about that article. Support your findings with referenced research. (10 points)

Collective bargaining is the term that relates to negotiations between and employers and a group of employees in which the terms and conditions of the employment are decided. The result of collective bargaining procedures is a collective agreement. Employees are often represented in bargaining by a union or other labor organization. In the case of Lee v. NLRB Bell South and the Communications Workers of America (CWA) had a long-standing Collective bargaining agreement. In the agreement there was a requirement for employees that had contact with the general public to don both the Bell South and the CWA logo regardless of whether they were union member or not. Those who did not comply with the requirement were subject to discipline. Lee, who is not a union member, objected to wearing the union logo as an unfair labor practice. The NLRB upheld the requirement to wear the logo. Lee appealed. In court the NLRB's decision was vacated and remanded. While the NLRA protects an employees right to engage in union activities it also protects those that choose not to participate. "The fact that wearing the logo was subject to collective bargaining did not constitute a special circumstance that makes the requirement legal" ("West Case Update"). This being the case, the collective bargaining agreement in place stated an illegal rule and required the employees to follow it.

Ref:

http://topics.law.cornell.edu/wex/collective_bargaining

http://www.swlearning.com/blaw/cases/labor/0605_labor_02.html

2. Identify three laws that support collective bargaining. Include and discuss [showing relevance or applicability] a current web-based news item/magazine article about each. Write a succinct and complete summary on the contents of the article you've provided along with your critical comments about that article. Support your findings with referenced research. (30 points)

Since the early 1900's many various laws have been enacted that support and govern collective bargaining. The main body of law governing collective bargaining is this National Labor Relations Act (NLRA). "It explicitly grants employees the right to collectively bargain and join trade unions. Congress originally enacted the NLRA in 1935 under its power to regulate interstate commerce." ("Collective Bargaining") The NLRA established the procedure for collective bargaining and the representation of employees. The act also prohibited employers for interfering with employees in their selection of representation. Another important aspect of the NLRA is that while it does not require either side to agree to a proposal or make concessions but does establish procedural guidelines on good faith bargaining.

Ref:

http://topics.law.cornell.edu/wex/collective_bargaining

In 1926 Congress enacted the first major piece of labor legislation entitled the Railway Labor Act. Rather than applying to industries as a whole the act applied solely to the railroad industry in an effort to protect the most important piece of transportation infrastructure this country had at the time. The primary purpose of the RLA was "Railroad management wanted to keep the trains moving by putting an end to “wildcat” strikes. Railroad workers wanted to make sure they had an opportunity to organize, be recognized as the exclusive bargaining agent in dealing with a company, negotiate new agreements and enforce existing ones. Both sides “won” with the passage of the RLA. Workers won the right to form unions, negotiate with the railroads and to have a grievance system imposed on the companies. The railroads won the right to keep commerce from being disrupted without going through a lengthy and complicated process." ("Bargaining Under the RLA")

Ref:

http://www.ipapilot.org/media/rla.asp - What%20is%20the%20Railway%20Labor%20Act?

In 1959 congress passed the Labor-Management Reporting and Disclosure Act as a result from hearing of the Senate committee on improper activities in the field of Labor and management. During the hearing evidence of collusion and the use of violence was discovered. As a result the Labor-Management