Legal Framework Essay

Pages: 7 (2117 words)  ·  Bibliography Sources: 3  ·  File: .docx  ·  Level: College Senior  ·  Topic: Careers

SAMPLE EXCERPT . . .
4. The process for organizing and for decertifying unions.

Some of the processes that employees use for organizing unions include sending out mailings, holding meetings, getting authorization cards signed, and handbilling. The union gets workers to fill out authorization cards which show support for union certification. These cards are not binding on workers, meaning that workers can refuse to sign them if they wish. As soon as 30% of the authorization cards have been completed, the union can then file for status with the NLRB. Once passed, the NLRB convenes managers with employees to negotiate a bargaining unit which essentially means conditions that both manager and workers wish.

The bargaining unit is followed by a consent election where the employer produces a list of employees so that all are included in the bargaining unit. If the union gets the majority of votes in the certification election, it acts as representative for all workers, whether or not they are union-associated. The union becomes the exclusive bargaining agent for at least 12 months, and not even workers during this time can decertify it.

The process for decertifying also starts with filing a petition at the National Labor Relations Board (NLRB) office. Only members of the union can file for decertification; not employers or non-union members.

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Petitions have to be filed within 90 days before end of contract (and with health care institutions within 12o days before end of contract). The process is the reverse to certification. If at least 30% of petitioners sign petition, NLRB authorizes an election to decertify the union. The situation here is that a significant amount of workers are complaining against their union stating that it no longer or inadequately represents them. The party that wins the election becomes the bargaining representative / agent. The union is decertified by the NLRB if a majority of the members complain against it and ask for its disintegration. A tie vote too results in decertification since the union has failed to receive a majority of the votes (SHRM; online).

Essay on Legal Framework Which Provides the Assignment

The relationship between both employer and workers is rocky in both the certification and decertification stages. In the certificate stage, the manager often tries to actively work against employees forming a union. He knows that he may well be in the weaker position if the union is given bargaining power over him.

In the decertification stage too, disintegration of a union may reflect poorly on a manager since an investigation by the NLRB may occur into employer-employee relations to investigate whether employer encouraged disintegration of union.

In short, the union aims to work for the benefit of the workers. Sometimes this may cause conflict with the management. The union offers both advantages and disadvantages to the manager by on the one hand improving labor-manager relationship and standing as mediator, but, on the other hand, by asking for conditions that may make their existence too expensive for the organization.

Sources

Baird, Charles W. "Right to work before and after 14 (b)." Journal of Labor Research 19.3 (1998): 471-493.

Chron. The Evolution of the Labor-Management Relationship http://smallbusiness.chron.com/evolution-labormanagement-relationship-36056.html

Jasper, Margaret C. 2002. Labor Law. Dobbs Ferry, N.Y.: Oceana.

Lareau, N. Peter, et al. 2003. Labor and Employment Law. Conklin, N.Y.: Matthew Bender.

Squire, Madelyn C. 1993. "Reality or Myth: Participatory Programs and Workplace Democracy -- A Proposal for a Different Role for Unions." Stetson Law Review 23.

SHRM Union Decertification & Deauthorization: What is the process to decertify a union? http://www.shrm.org/TemplatesTools/hrqa/Pages/decertifyaunion.aspx

Topic 4: Union Organizing (Doc.)

capone.mtsu.edu/cbaum/451topic4.doc

Wade, David R. 1994. "When Two Worlds Collide: Company Unions and Employee Empowerment in the Aftermath of NLRB v. Electromation and NLRB v. DuPont." Ohio Northern University Law Review 21. [END OF PREVIEW] . . . READ MORE

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