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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]


Labor Law: Collective Bargaining Research Paper

… " (2004)

Rainsberger (2004) states that the origin of the deferral doctrines of the N.L.R.B. is a 1955 case "in which an issue involved both an alleged contract violation and an unfair labor practice. The Board established a set of criteria, which it has since used, with some modifications, to determine whether it should accept and recognized the award of an arbitrator as determinative of the unfair labor practice issue. The Spielberg criteria are: (a) The proceedings in arbitration must appear to be fair and regular, (b) The parties must agree to be bound by the decision of the arbitrator, (c) The decision of the arbitrator must not be "clearly repugnant" to the purposes and policies of the Act, and (d) The arbitrator must consider…. [read more]


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]


Labor the Department Essay

… Global Workforce

Furthermore, employers are now focusing more on outsourcing and creating a rather global workforce. This is a growing problem because not only is it reducing jobs in America, it is promoting unfair labor practices all around the world. With outsourcing, employers can completely work without the fear of labor laws and workplace regulations. It has been seen that about 1.2 billion workers have been added to the global labor force (AFL-CIO, 2005) This sudden increased in labor coincides with the enhanced technological, transports and communication services. Goods and services can be moved across the world faster with decreased transaction costs.

The results are that workers are forced into a race to the bottom. Developing countries are burdened by debt and are required to…. [read more]


Respect Act Research Paper

… RESPECT Act: An Overview of Pending Labor Legislation

The RESPECT Act (Re-Empowerment of Skilled and Professional Employees and Construction Trades Workers) is a pending piece of labor-related legislation, introduced by Representative Rob Andrews, (D-NJ) and Senator Chris Dodd (D-CT) in the 110th Congress (H.R. 1644 / S.969). It has yet to be introduced in the 111th Congress, but would fundamentally change the definitions of management and supervisory positions set forth by the National Labor Relations Act (RESPECT, 2009, Foster Swift). The National Labor Relations Act (NLRA) of 1935 was a radical and sweeping protective act of federal legislation that gave employees the right to unionize and engage in collective bargaining. The Act specifically defined what constituted an 'employee' and a 'supervisor.'

According to Section 1(3)…. [read more]


Employee Privacy Torts Issues Relating Research Paper

… If they are unable to lawfully withhold the information asked for, the act allows a complaint to be lodged in federal court since the right to access is enforceable.

The exemptions to this act are documents that are classified as secret because of national defense or foreign policy, documents related to internal personnel rules and practices, documents exempted by other statutes, trade secrets, confidential or privileged commercial or financial information, privileged inter and intra-agency memorandum, documents that would clearly lead to invasion of personal privacy, documents complied for law enforcement purposes, documents related to SEC regulated financial institutions and those which contain exempt information regarding gas and oil wells.

The act, however, does not apply to records held by the federal judiciary or the U.S.…. [read more]


Oppression by the Law Essay

… Law as a Means of Oppression

Over the years, there have been trends observed across the globe where the laws passed in many law making bodies are geared towards or directed at suppressing the poor of that society. Despite the fact that the poor in these societies are the majority, the few rich people often use their influence over the law makers to ensure that laws that are passed are meant for the oppression of the poor of the concerned countries.

Law has often been used, not as a means of insuring that justice is served, but as a means of segregating and oppressing certain groups of people.

The drug war

One of the apparent uses of the law in suppressing the poor people was…. [read more]


Collective Bargaining the Labor Laws Case Study

… Based upon this passage, RAs are employees and entitled to some form of protection against potential abuses through their ability to organize. Therefore, the state is taking the basic definition of private sector employees and they are expanding it to the public domain. This is a liberal interpretation of these guidelines by classifying RAs as workers (versus students).

7.

The reason why the LRC decided that RAs and CDAs are employees; is because of the work that is performed. This requires everyone doing more physical and mental activities for the university. While at the same time, they are receiving very little compensation for what they are asked to do. This is showing how the school is hiding behind the ambiguity of the NLRA to claim…. [read more]


Labor Policies Term Paper

… The [state] recognizes work to be the duty of all citizens of the republic and proclaims the watchword: "He who does not work shall not eat (First Constitution of the Soviet Union, 1918 http://web.jjay.cuny.edu/~jobrien/reference/ob103.html)."

This labor policy sounds productive in the beginning but it actually takes away the ability to succeed (Janos, 1992). Those who might want to venture into their own business or those who decide to start companies with their friends or relatives cannot because they are bound by the law to labor. The policy was meant to protect the workers from having to support those who did not work, but in reality it is those who strike out on their own that often make it big. Bill Gates is a prime example…. [read more]


Implications of the Railway Labor Act of 1926 Essay

… In 1938 the Civil Aeronautics Authority was created and given regulation authority over the airlines. But two years before the Civil Aeronautics Authority was created, Congress (in 1936) extended the exact "provisions of the Railway Labor Act" to also provide coverage for workers involved in the airline business (Thoms, 9).

And so after ten years of success with the Railway Labor Act (vis-a-vis railroad companies, unions and workers), Congress figured out that workers in the airline industry also needed federal protection through statutes that allowed collective bargaining for those situations when union organizing was taking place. In fact, Thoms notes that "…many of the same unions active in the railroad industry…" got involved organizing airline employees (10). The great need for legislative and executive authority…. [read more]


Burlington Northern Railway Term Paper

… Burlington Northern Railway - Is Settlement Fair?

In any case decided by the court or in any settlement, it is not enough for two parties or more to come to an agreement. They must come to an agreement that is right by way of the law, but also right ethically and morally. In the case of Burlington Railway, a case was settled regarding gene-testing among employees that worked for the Railway. The company, Burlington Northern Santa e Railway Co. agreed to halt any further litigation against the employee in question. The case settlement also resulted in a new policy created by Burlington Railway stating the Company, will no longer conduct genetic testing to discern whether employees had genetic defects or any other problems that may…. [read more]


History of Canadian Labour the Decline and Movement of Canadian Labour Between 1920 and 1940 Term Paper

… History Of Canadian Labor: The Decline and Movement of Canadian Labor Between 1920 and 1940

The objective of this work is to analyze the decline and subsequent rebuilding of the Canadian Labor movement between 1920 and 1940. Included in this analysis and discussion will be information relating to the Cape Breton coal miners, the origins of the Cooperative Commonwealth in Oshawa, Ontario, and the extent to which the CCF served the interests of the working people and the labor movement during this period.

David Schulze writes in the work entitled: "The Industrial Workers of the World and the Unemployed in Edmonton and Calgary in the Depression of 1913-1915 that the Industrial Workers of the World (IWW) were "...remarkable among North American labor unions for two…. [read more]


Legal Framework Essay

… 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…. [read more]


Employment and Labor Relations Key Term Paper

… A typical procedure might be to survey the employees. A standard, anonymous questionnaire is given each year to every employee. The questions are designed to gather information on job satisfaction. Results of the survey for each workgroup are calculated and returned to each manager. The goal of the survey portion of the process is to gather key data to help workgroups focus on their problems and opportunities.

In order to understand the meaning of the survey results, managers must solicit feedback from their workgroups. The goal of the feedback meeting is to identify specific concerns or problems, examine specific causes for these problems, and devise plans to correct these problems. The company must analyze the feedback it receives from the survey to determine which factors…. [read more]


20th Century a Good Term Paper

… These changes have benefited workers in many cases as increased managerial discretion has been used to improve the quality of employment opportunities and relationships available to the American workforce, in other words, to create mutual gains for workers and shareholders alike (Kaysen 263).

Conclusion

We may never know the fate of Jimmy Hoffa, but it is easy enough to discern a winner from a loser when it comes to labor movements in the United States during the 20th century. Although labor was horsewhipped during the final rounds, the American worker still emerged from the fight a clear and overwhelming winner. Despite the scandals and Taft-Hartley, the fact remains that almost all American workers enjoy a wide range of important protections both in terms of employment…. [read more]


Trial of Eichmann in Jerusalem Research Paper

… Trial of Eichmann

THE TRIAL of ADOLF EICHMANN in JERUSELUM

HOLOCAUST STUDIES 101

Born on March 19, 1906 in Solingen, Germany, Otto Adolf Eichmann moved with his family to Austria at the age of 7.[footnoteRef:2] With the help of his father, he began to find success as a vacuum oil salesman. After being fired from the office in Salzburg he joined the National Socialist Party or Nazi Party, again through family connections. His fellow Nazis encouraged to get military training and he found his way to SS training camps in Bavaria. [2: Deborah Dwork, "Forward," in Harry Mulisch's Criminal Case of 40/61, the Trial of Adolf Eichmann. An Eyewitness Account, trans. Robert Naborn (Philadelphia: University of Pennsylvania Press, 2005), x-xiii.]

Eichmann began to gain recognition…. [read more]


Invasion of Privacy Term Paper

… Kyllo vs. The United States:

In 2001, Kyllo was convicted for growing cannabis. The police had gone into his house and used infrared technology to trace out certain evidence that he was growing cannabis. On the basis of proving that he possessed certain technology that he used to grow the drug the police got a warrant for his arrest.

The case went on for some time and the judge said that equipment that the police used prior to getting the proof they required to obtain a warrant was illegal. Finally the judge resigned and the case went through, and Kyllo was convicted. Was this not a denial of privacy and rights? Another question that is worth asking is why did the judge suddenly resign from…. [read more]


Physical Privacy Burlington Northern Railway Term Paper

… Physical Privacy

On February 9th, 2001 the Equal Employment Opportunity Commission filed a lawsuit against the Burlington Northern and Santa Fe Railway Company stating the company had conducted genetic testing on it's employees without consent, one employee was threatened by termination for failing to submit a sample blood test. The Equal Employment Opportunity Commission states these tests were not job related therefore they violated the Americans with Disabilities Act. (The U.S. Equal Employment Opportunity Commission Newsletter)

The case began when a 45-year-old track-maintenance worker from Nebraska, Gary Avary, applied for compensation after developing what he said was carpal tunnel syndrome. The company threatened to fire him when he refused to allow a physician to do a blood test, according to the EEOC lawsuit. The worker's…. [read more]


Burlington Northern Railway Term Paper

… ¶ … Settlement at Burlington Northern Railway (BNR) Fair?

"No fair - you cheated!" This complaint often heard, when a child feels he lost because someone didn't play by the rules, embodies one perception of the word, "fair." Concepts of this multifaceted word, however, involve more than childhood thoughts and feelings. During the quest researching reports regarding, "Was the Settlement at BNR "Fair?" The adult meaning of the word, "fair," had to first be clarified. Some meanings of the word "fair," reported as: denoting something to be "of moderately good quality but less than excellent:

acceptable, adequate, all right, average, common, decent, fairish, goodish, moderate, passable, respectable, satisfactory, sufficient, tolerable, as well as free from bias in judgment: disinterested, dispassionate, equitable, fair-minded, impartial, indifferent, just,…. [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]


Aviation and Organized Labor Thesis

… Organized Labor in U.S. Commercial Aviation

The Aviation and Transportation Security Act of 2001 endeavored to rationalize airline operations by keeping workers productive, flexible, motivated and accountable. But it was met with accusations of discrimination, retaliation, unfair actions, mandatory overtime and pressuring not to report labor problems. In the meantime, staffing has reached emergency levels in five key areas, labor issues have persisted, such as baggage meltdown, bankruptcies and the decrease in the number of mechanists drawn to the industry. Hope for improved conditions hinges on the advantages of technology, cost-cutting, extending retirement age from 60 to 65 and global cutbacks on oil prices.

The TSA

Staffing Emergency in Key Areas

Persisting Labor Issues

Extending Retirement Age

Attracting New Blood

The Advantages of Technology

Baggage…. [read more]


BFOQ Define BFOQ and List Essay

… (Rosenfield, 1975)

6. Is Rx Medical Supply's Affirmative Action plan legally valid? Why or why not?

Rx Medical Supply tries to remedy the situation with a predominance of white males. And the remedial inclusion of minorities is not violative of either the Supreme Court ruling or of the statutes. Secondly the attempt is also made to break the glass ceiling. The problem could arise when the pooling of the posts go to white males and the others may be denied on account of the pooling policy. That may need to be amended.

References

Bernardin, John H. (2007) "Human Resource Management"

Tata McGraw-Hill.

Enotes. (2006) "Meritor Savings Bank v. Vinson" Gale Cengage. Retrieved 31 March, 2013

from http://www.enotes.com/meritor-savings-bank-v-vinson-reference/meritor-savings-bank-v-vinson

Hartigan, John A; Wigdor, Alexandra K. (1989) "Fairness…. [read more]


Steelworkers Trilogy Term Paper

… Steelworkers Trilogy Cases: Their Impact on Arbitration

The steelworkers trilogy cases greatly changed the way that arbitration is dealt with in this country. Because of this it is important to discuss and analyze these three cases and determine what arbitration was like before and after the cases took place. This study looks at arbitration in various cases (most notably the steelworkers trilogy) based on unfair labor practices. There is significance to this based on the fact that the way that arbitration is conducted was changed based on these cases and they made a significant difference in the way that the laws regarding arbitration were handled.

Looked at here will be the steelworkers trilogy cases, the history of arbitration both before and after the cases, and…. [read more]


Back Safety in the Workplace Term Paper

… ¶ … pain and spinal disorder at the workplace and to examine the workplace health hazards in detail.

Workplace and human activities in general are replete with hazards to the body. Everyday living poses hazards at home and office in the roads and at the playground. However specific work that requires handling loads, sitting at a chair for long durations and staring at a monitor for a long time can cause specific injuries which ought to be guarded against. This coupled with poor consideration of body posture and the ergonomic design of furniture can add to the stress. Ergonomic seating and proper work methods can help prevent injuries. Back pain is a colossal condition that affects a large number of people. Apart from the personal…. [read more]


Role of Arbitrator in Collective Bargaining Essay





4. Determin the bargaining unit and who it will cover. Only those elgible (covered) may vote.



5. Charter a local -- formally affiliates with another union, or a local is chartered after the election .



6. Moves towards process of forming a union constitution, legal papers, and then being put into a position of helping to negotiate a contract.



Source: AFT, Forming a Union. Cited in:



http://www.aft.org/about/union101/forming-union.cfm



Part 5 -- Define and discuss three examples of unfair labor practices. Unfair labor practices are certain activities that a business or organization commites that violate any labor law, particularly the National Labor Relations Law. Examples of this might…. [read more]


Asbestos Workforce Health Risks Research Paper

… Measures to Reduce the Effects of Already Exposed Asbestos

Measures that should be adopted to reduce the harmful effects of inhaled asbestos are as follows:

Get yourself a complete check up

Follow the doctor's prescription carefully

Get the checkups done regularly because symptoms of asbestos appear after a long period of time

Using preventing measures and safety devices while working with asbestos

Quit smoking as it can intensify the effects of asbestos

Methods to Keep Premises Secure

Many commonly used areas can be a source of exposure to asbestos. These premises include, industries, commercial or public buildings, offices, schools, hospitals, markets etc. many domestic areas are also exposed to the risks of the element like lifts, stair cases, kitchens, insulating materials used in flats and…. [read more]


Domestic Terrorism America Is Home Essay

… They once destroyed a laboratory in Michigan University because the laboratory was used to create genetically modified organisms funded by Monsanto (Grubbs, 2010). In reality, Monsanto only donated a paltry 2000 USD to send 5 African students to a conference on biotechnology. In their wisdom they have maintained that whatever they did was justified.

The Army of God revels on religious pretexts to harm others. They use violence to discourage abortion and homosexual activities as exemplified in their attacks on gay night clubs and abortion clinics. One of its members, Eric Rudolph, planted a bomb at the 1996 Olympics venue in Atlanta, Georgia. Two people succumbed and whopping 150 others injured. He explained without remorse in 2005 his action was an indictment to the government…. [read more]


American Foreign Policy Change Essay

… The Civil War made significant changes to the economy. The need for weapons and ammunition fed the strength of the manufacturing trades in the North, while the slash-and-burn practices during the War all but devastated the Southern agricultural powerhouse. The victory of the North in the War set the stage for an American economy centered on manufacturing and trade in the 20th century.

From the start of the English colonies in the early 1600s through the end of the Civil War, democracy and social freedom expanded for all Americans.

The concept of civil and human rights and the concept of political freedom have developed substantially in the United States since the first colonies settled here in the 1600s, though not always consistently. Many of the…. [read more]


Inter-Parliamentary Union and Its Role in Enhancing International Law Term Paper

… Inter-Parliamentary Union and Its Role in Enhancing International Law

Legal Status of the Inter-Parliamentary Union

The Development of the International Institutions

The Public International Unions

The Private International Unions

Historical background of the IPU

Brief Overview of the IPU Statutes (Assemblies and Committees, Members,

Functions, Goals and Activities)

The Relationship between the IPU and the United Nations

Beneficial Cooperation between the IPU and the United Nations (Common

Goals, Agenda and Concerns)

The Importance of the Recognition of the IPU Contribution

The Role the IPU Played in Implementing Decisions taken by the Assembly of the United Nations and the Implementation of the Millennium Development

Goals

The UN as a Framework of International Machinery for the Peaceful

Settlement of Disputes

What Role can the IPU Play in…. [read more]


Concept of Equal Protection Term Paper

… Equal Protection

The Supreme Court has played a pivotal role in race relations in the United States. It began by supporting the institution of slavery, going so far as to invalidate an act of Congress that intended to limit the spread of slavery in the United States. The Court's support of racial oppression did not end with the end of slavery. On the contrary, even after the conclusion of the Civil War, when the laws clearly supported the equality of the races, the Supreme Court's decisions did not always support equal protection. However, by the time of the 1960s Civil Rights Movement, the Court had begun to take an activist role in civil rights, which may be the only reason that there have been any…. [read more]

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