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Corporate Civil Procedure and Constitutional Law Term Paper

… Gilbert Law Summaries: Constitutional Law by Jesse Choper

The United States Constitution is the foremost legal authority for laws created in the United States. Though the Constitution is a federal document, it applies to all laws at every level in the United States. Therefore, any law that fails to comport to constitutional standards is illegal. The Constitution specifically prohibits certain types of laws and also dictates which branch of government has the power to enact certain types of legislation. This essay provides a brief overview of several of the key factors in constitutional law, including the areas where a practitioner is most likely to encounter constitutional issues.

Powers of the Federal Government

While the Constitution appears to establish the supremacy of the Supreme Court's decisions,…. [read more]

Industrial Disputes Law Employers and Unions Term Paper

… Union Labor Disputes Canada

Wal-Mart Canada

This report is an evaluative report and summary about the international retail giant Wal-Mart. There is no better presentation than one that presents the varying opinions in legal philosophy between unions and employers. As of late, Wal-Mart has been trying to fend off multiple attacks by organized labor over the past decade in an attempt to maintain its union free managerial style. "Union leaders say their chances for organizing Wal-Mart workers shot up this week when a federal judge in San Francisco said 1.6 million current and former employees could sue the retailer for sex discrimination in a class-action lawsuit." (Ramstack, 2004)

The Wal-Mart situation covers a full spectrum of legal concerns such as the acquisition and termination of…. [read more]

Unions Labor Unions in Ancient Term Paper

… (Reuther, Encarta Article). Most of all, Labor Unions have performed the important task of lessening social inequalities in the American society by improving the incomes of the working class and creating a vibrant middle class.

Some Drawbacks

Despite the undoubted benefits of workers' unions and their impressive list of achievements in the past, we find that there has been a steady decline for the past 40 years in the union's influence and its membership. The most important reason for this (which is also a major drawback of unions) is that unions, by raising the wages of unionized workers substantially above the wages of nonunion workers, have made many union-made products very expensive. Such expensive products cannot compete with products produced by workers getting lower wages;…. [read more]

Labor Laws Should American Research Paper

… 41). The laws need to be changed to allow a goal of "fair treatment" for workers as well as capital flexibility; right now technological changes tend to benefit "those who have ownership rights" to that technology, and that leaves workers out of the mix, in many instances (Befort, p. 42).

Meanwhile, one current labor law that doesn't need to be abolished but needs to be more strictly enforced is the U.S. "Fair labor and Standards Act." According to business writer Joseph Malek, this Act was written and implemented in order to ensure the rights of workers but it is "…poorly enforced." Why? Malek says the lack of enforcement results from the impressive "financial strength of the employers within the U.S." -- which entails ongoing attempts…. [read more]

Legislation Disputes Advice on Handling Essay

… An example of this is if the nature of the job demands genuine male or female characteristics.

• In jobs where same sex workers are required; for instance, a lavatory attendant.

• Any job involving close access to a person of the same gender as the worker where the worker must bathe/search/etc. The person(s)

• The job is one of two held by a married couple.

5.1.2 Sexual Orientation

This area is covered by the Employment Equality (Sexual Orientation) Regulations 2003. Sexual orientation as defined by this act is a sexual orientation towards persons of the same sex, homosexuals, of the opposite sex, heterosexuals, or of the same and opposite sex, bisexuals. A worker must not be treated differently based on their sexual orientation. Defences…. [read more]

Laws Affecting the Human Resources Industry Term Paper

… ¶ … Laws Affecting the Human Resources Industry

In today's hypercompetitive, globalized economy, businesses must operate as efficiently and effectively as possible. Even the slightest inefficiency can harm an organization's competitiveness and be detrimental to their profitability. For this reason, each facet of the organization is now typically underneath the microscope to see what improvements can be made, including Human Resources.

In the beginning of Human Resources, the human resource role was merely seen as a secretarial type role. Human resource personnel were charged with merely keeping records of the employees within an organization and had little to no say in the direction or strategies the organization was undertaking. Today, that role has changed.

As organizations began to realize the importance of not only retaining…. [read more]

Unions in America Today Research Paper

… Unions are responsible for the separation that occurs between the workers and the management, a situation that retards organization development. In addition, union members have a responsibility of complying with union positions as they are part of it. Even when one's individual position differs with that of the union, one has to comply because he is already part of the union (Mooney, Knox & Schacht, 2011).

Inflexibility in the negotiation of wages

The trade union rules creates a barrier that prevents flexibility in decision making, especially in times of negotiations for wages and other issues affecting workers. Inflexibility makes it difficult for an employee to perform changes regarding the working conditions, for example, working hours. Unions subject all workers in the same working situations which…. [read more]

Labor Law and the Railway Labor Act Term Paper

… Collective Bargaining

Labor relations in America have undergone many changes, with the development of unions giving the workers a voice and a degree of power so as to use their solidarity as a bargaining tool. The union movement came into being after a long and difficult series of battles both with business and with the government.

In the nineteenth century, there was a kindred spirit between artisans and all types of skilled, semiskilled, and unskilled labor, which developed into a bond of common interest that would in time lead to the development of the American labor movement and to massive changes on the American labor scene. The stabilization of labor unions would also result in the expansion of collective bargaining and wage and salary demands.…. [read more]

Industrial Relations Term Paper

… Industrial Relations

The purpose of this work is to document in chronological order the major events in Australia industrial relations and both Federal and State form 1980 to the present. Each event will be described and the objective stated. Each will be analyzed as to the impact on the construction industry.

The collective and/or enterprise agreement that may be advantageous to both workers and management in large construction companies will be discussed as well as any disadvantages noted in this area. Secondly the object of the Act will be summarized and the options and limitation under the act if not satisfied with the payment schedule received in response to payment will be discussed as well as detailing how the Act may benefit every sub-contractor.

Introduction…. [read more]

Women Strike Essay

… The current push by the conservative party, including its leader David Cameron, have actually been pushing for anti-striking legislation in recent months, a move that would significantly limit the bargaining power of workers and curtail many of their rights in a direct manner (Zirin, 2012). It would also indirectly curtail many other basic rights currently assumed to be natural and inherent to workers in a free society, according to some, and could lead to substantial problems for society at large in the reduction of human rights and increasing pressure on those in the middle class (Zirin, 2012).

This legislation would not only make it for workers in general to strike, but it would make it far more difficult for any specific faction or demographic group…. [read more]

Human Resources Unions When Unions Were First Term Paper

… Human Resources


When unions were first introduced, membership in the United States rose steadily, but has declined sharply over the last few decades. The AFL-CIO divide which was largely a consequence of differences over the reasons for this decline and what to do about it, marks a historic time for labor unions in the United States. Even though there is divergence over what direction unions will take in the future, there is somewhat more accord both within labor leadership and amongst outside observers on what things are likely to be most influenced by the split in the short-term: union organizing, new member recruitment procedures and a potentially more focused advance to targeting particular businesses (the Future of Unions, 2005).

The amount of private segment…. [read more]

Examining the Impact of Labor Unions Research Paper

… One of the main arguments used to show that labor unions are outdated impediments to progress is the ever increasing managerial hostility and attitudes towards unions. This hostility and attitude is a by-product of negativity as well as other factors or a consequence of combination of factors. Managers have continued to show their negativity towards labor unions because of differences in market composition and structures, changes in labor laws, organization size, differences in public policies, union philosophies, and the impacts of unions on wages (Campolieti, Gomez & Gunderson, 2013, p.100).

Secondly, unions are seen as old-fashioned impediments to progress because many workers are not covered by collective bargaining contracts. Since these organizations are formed to help in collective bargaining, the lack of numerous bargaining contracts…. [read more]

Trade Union Movement Essay

… Unions in Australia

Trade unions are often seen as beneficial to the plight of everyday workers. By negotiating wages, looking out for rights, trade unions give workers a voice at their place of work. But, in Australia's experience, this is not necessarily true. In Australia, union density has fallen considerably since World War II. During that period, wage differentials between union and non-union workers have been minute. This could be due to a number of factors. As union density falls, the unions lose their power to influence policy and industry. Have unions lost the support of the Australian people and with it their bargaining chips? If so, why did they lose the support of the Australian workers?

Unionization typically affects industrial jobs more-so than jobs…. [read more]

Labor and Union Studies Research Paper

… Also, when two people are working in close proximity one can be a distraction to the other without trying. If an employee's production numbers are decreasing then they need to be evaluated.

Workplace environment can also become hostile when an employer is, for some reason, trying to create profits at the expense of employees. Although labor disputes may often seem to be something that happened in the past, there is still a significant place in the workplace for unions. Labor organizations are designed to make the workplace environment a place where employees can be productive (Grant & Harvey). It does not matter what the grievance is a labor organization can work to alleviate the issue if there is an actual need. The environment a person…. [read more]

Future of Unions in Labor Term Paper

… This is indicative of the fact that past strategies like those that included traditional strikes are likely to be less effective in the future.

There is also a very negative connotation that goes along with the union strikes and this helps to undermine both the support and the legitimacy of unions (Bell, 1999). There are other ways that unions can show their displeasure and try to make changes, but strikes are by far the most popular. However, research into the issue and feeling about the issue as a strategy for change is indicating that trends are shifting away from strikes and more towards arbitration and other polite ways of finding an agreement (Bell, 1999). However, this does not mean that strikes no longer occur.

The…. [read more]

Public Sector Unions Research Paper

… In 1947 the Taft Hartley act was passed which removed many union gains from the Wagner act. It very explicitly denied public workers the right to strike, and required that workers who did strike would be dismissed (brown, 2010). This legislation was hard to overcome, but support began to grow for allowing public unions to form.

At this time, public sentiment began to change, leaning more toward unions, as public employees were demanding change. One challenge of the sixties was the battle for collective bargaining rights. The age of teacher militancy began in November 1960 with a one-day walkout of the united federation of teachers of New York City; two years later the UFT won the first comprehensive teacher contract in the country (Edwards, 2010).…. [read more]

Labor Law or Labor Unions Term Paper

… Labor Union Acts

The rights of the American workers and their relationship within their labor Unions have been built up over a long period of time. For the greatest part of this time, Soviet Union was the greatest economic and philosophic opponent of United States and this relationship was used to often control the labor unions and the laborers.

Let us start with the first law that was passed, and this is the Norris-LaGuardia Act of 1932. We will not get into the semantics and simply state what the law wanted to do. It gave the workers a right to join a labor union while in employment and this was through banning of what is called yellow dog contracts. This gave the labor unions the…. [read more]

Legal Environment of Business Term Paper

… Legal Business Environment

Legal Environment of Business

Modern businesses have to operate under a variety of laws and regulations. The business manger has to ensure that all federal and state mandate laws are followed to avoid litigation and penalties. In addition to the laws on the books the businesses also have to be sensitive to the public opinion and ethics. Some of the ethical issues are covered by law but others may be related to the public image of the company and may be of equal importance to some businesses.


Interaction between Ethics and Law

As ethics and law increasingly become interwoven, it is becoming more and more difficult to create distinction between the two. Both ethics and law deal with…. [read more]

Employee Relations: Industrial Conflicts Essay

… The major difference between employee relations and industrial relations is the fact that industrial relations are mainly based on the treatment of employees by their employers.

There are various arrangements made by organizations to involve their employees in decision-making processes ranging from delegation of responsibility to consultation services to the formation of project teams. When an organization settles for project team arrangement, it assigns various tasks or projects to specific employees to work on them. To ensure that these employees in the project team are involved in the decision-making process, the management delegates considerable responsibility to these employees. Another organization involves employees in the decision-making process through consultation exercises and meetings. In this case, employees become part of the decision-making within the organization by being…. [read more]

Roles and Responses of Key Actors Research Paper

… ¶ … Roles and Responses of Key Actors in Employee Relations

The best way to analyze the current situation of employer / worker relationships in Australia is by assessing three of its very different key Acts dedicated to work-site environment. These are the QLD Health & Safety Acts (2011), the Petroleum and Gas, Production and Safety Act (2004) and the Western Australian Mines Safety and Inspection Act (1994). Focus will be made on its employer-worker relations during the years and investigation will be conducted into whether any improvement or change can be noted. Discussion will then be conducted of changes if any did indeed occur.

The QLD Health & Safety Acts 2011,

This stipulates that health and safety of workers and all person must be…. [read more]

Labor Relations and Globalization Argue Term Paper

… Clark, R.T. (1988). Privatization, Outsourcing and Subcontracting: United States Experience: A Management Viewpoint. Retrieved May 30, 2012 from

Helper, Sue (1990) "Subcontracting: Innovative Labor Strategies," Labor Research Review: (1)15:1, Retrieved May 30, 2012 from:

5. What serious misconduct offenses should always result in discharge? Defend your position.

"Misconduct" under the law of unemployment compensation is basically something that the claimant did or failed to do that 1) caused a problem for the company, 2) was in violation of a rule, a policy, or a law, and 3) was within the claimant's power to control or avoid (Riddle, 2008). This can include attendance problems, poor work performance, problematic conduct, or off job-site conduct. Behavioral issues may include unprofessional manners, repeated insubordination, inability to work…. [read more]

Present an IR Portfolio of Work Including Sourced and Analyzed Documentation Case Study

… IR Portfolio of Work

Amcor Limited is an Australian multinational company that specializes in packaging. The company headquarter is in Victoria with branches scattered across the Australia. Amcor also supplies range of plastics, metal, and glass. Although, the company operates in 42 countries, however, the company major operation is in Australia, and the company follows Australian workplace legislation to enhance worker's safety in Australia.

Objective of this paper is to investigate the workplace regulations guiding workplace practice of Amcor Limited.

Identification of Workplace Legislation Guiding Amcor Limited in Australia

Amcor Limited is committed to provide a safe, motivating and rewarding environment to support workers to reach their potentials. To achieve this objective, the company aims to maintain a safe workplace. Thus, Amcor follows the laid…. [read more]

Labor Relations What Changes Essay

… CIO membership began to decline and it lost its dynamic leaders and organizers.

The CIO eventually found itself deep into civil war that was mainly between non-communist affiliates and communist led unions. CIO lost its relevance because of the civil war because it could not live to its mission of organizing the unorganized and empowering the dispossessed. Trust that CIO enjoyed because of its independence was eroded because it was argued that it had accepted its place within a system of capitalist hierarchy. It soon merged with AFL to form AFL-CIO (Whatley, 1993).

What generational aspects (i.e., baby boomers, Generation X, Generation Y) have influenced labor unions and will continue to do so?

Generation Y'ers were born between 1977 and 1994. Over 70 million Americans…. [read more]

Labor Unions Are Associations Term Paper

… Moreover, unions have placed greater emphasis on organizing drives for new members, and although they have been successful in organizing government employees, they have had less success in recruiting office workers in the rapidly expanding services sector (Union pp). A major problem is demographic, since the fastest growing parts of the labor force, such as women, service industries, and college-educated employees, are generally the most reluctant to organize (Union pp). Unlike the European union movements, organized labor in the United States has avoided the formation of a political party and has remained within the framework of the two-party system (Union pp). By the mid-1990's, the number of strikes in the United States had reached its lowest level in fifty years, however, by the end of…. [read more]

Future of Unions in America Term Paper

… The period from the mid-1950's to 1980 formed the greatest period of influence and prosperity for the labor movement in America. Unions were recognized as bargaining organizations in the auto, steel, trucking, and chemical industries. Wages rose by over 2% per year and workers began to receive an ever expanding list of benefits; including medical and dental programs, paid holidays and vacations, supplemental unemployment insurance and retirement packages. While the strength of the unions in terms of bargaining power was at it's greatest, the numbers of unionized workers continued to decline. In the period from 1953 to 1983, for instance, "the unionization rate fell from 42% to 28% in manufacturing, by nearly half in transportation, and by over half in construction and mining." (Friedman) The…. [read more]

Labor Relations and Unions Essay

… Labor Relations

Labor Relataions

Labor unions are involved in representing workers in the places of work. They bargain for better wages, benefits and good working conditions for the workers. Labor unions represent their members whenever disputes arise between the management and the workers.

Factors contributing to decline in union membership

Several factors contribute to the decline in union membership. The government has passed laws regarding the number of hours that workers are supposed to work, rights and standards of workers and overtime pay. The government has taken custody of what labor unions did thus decreasing their membership. Automation has also led to low labor membership as most companies have come up with labor saving machinery to perform tasks that were previously handled by workers. Nowadays,…. [read more]

Immigration Law H. 1b Work Visas Term Paper

… Immigration Law: AKA- H-1B work visas

A Brief Definition/Description Of The Current Law

The H-1B visa usually is regarded as a 'Non-Immigrant Visa' and authorizes employment with a sponsoring employer. (Lubin, 32) H-1B visa gives permission for a nonimmigrant foreigner to work for a short time in the United States in an area of expertise that needs hypothetical and useful application of a body of specific knowledge. Some of the expertise areas are architecture, engineering, medicine and health, law and arts. It is necessary for the supporting employer to appeal for the visa. (Clark, 21) the H-1B visas are exercised to fetch trained workers into U.S. with most of them being it professionals. (Michael, 8)

The employee must fulfill some norms together with educational along…. [read more]

GOP Attacks on NLRB Labor Research Paper

… Secondly, the GOP hopes to prevent the NLRB from reaching a quorum by refusing to consider any new appointments. Finally, the GOP is also waging war by introducing bills in congress which are related directly to each NLRB ruling that the GOP considers unnecessary governmental interference into the economy. (St. Louis, Post-Dispatch). Arguably, the GOP's use of the house can itself be construed as government interference in to labor and market forces.


It is clear that the Republican Party has a national strategy and a clearly articulated cohesive national strategy addressing labor and unions. On the other hand, the Democratic Party seems to be represented by individual unions at the state levels and other individual actors and volunteers to uphold labor rights in America.…. [read more]

Employment Law Term Paper

… Employment Law

The objective of this work is to review the specific laws that govern employers or that which is referred to as employment law.

Specific laws exist that govern employers and one of these is Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin. Additionally the Equal Pay Act of 1963 (EPA) protects men and women who perform substantially equal work in the same workplace from sex-based wage discrimination. The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are over the age of forty years of age. Title I and Title V of the Americans with Disabilities Act of 1990 (ADA) prohibits employment discrimination against qualified individuals with…. [read more]

Healthcare - Unions Implications of Unionization Term Paper

… Healthcare - Unions

IMPLICATIONS of UNIONIZATION in the HEALTHCARE INDUSTRY Background and History of Labor Unions in the United States:

Labor unions first appeared in the United States shortly before the turn of the 20th century, coinciding with the end of the Frontier era of American history and the emerging prevalence of skilled industrial labor in the nation's economy. Still relatively rare in relation to the general workforce, they increased in number and in memberships after the end of the Great Depression in conjunction with the New Deal and a recovering national economy (Nevins & Commager 1992).

Generally, the construction, railroad, mining, and automobile manufacturing industries adopted the unionized labor model the most extensively, but infiltration by organized crime into labor unions -sometimes at the…. [read more]

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