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Campaign Tactics Against Union Meetings
Employees now had the right to strike, and the employer's retaliatory powers were limited under the act's unfair labor practice
provisions. By legislating the recognition of employee representatives and protecting the right to strike, NLRB forced the employer
to share the decision–making power with employees. Employers can't decide Labor no longer depended on work stoppages to get to
the bargaining table or on economic factors to determine its equality. (Carrell, 2010) Therefore, employers can't change any
agreement decision without negotiation with union representatives.
In addition, the employers can't obstruct union elections, because NLRB conducts elections to determine employee representatives of
appropriate unit. The NLRB has guidelines ... Show more content on Helpwriting.net ...
Passage of the act secured three main objectives of the labor movement: wages adequate to maintain a decent standard of living,
shorter hours, and the abolition of labor by children younger than age 16. The NLRA provided powerful support to give unions the
time and ability to grow strong. However, frequent strikes pressure NLRB to take actions prevent unfair labor practices charges,
redefine appropriate bargaining units and limit strikes. At the same time, the NLRB was also required to weaken its powers.
Having considered the political influence of NLRB, NLRB also plays a significant role. On the one hand, NLRB needs political
support to implement its new act or strategy. On the other hand, NLRB represents a great political power. For example, during the
2008 presidential race Senator John McCain opposed the EFCA, while Senator Barack Obama pledged his support of the EFCA and
thus gained substantial union support. Thus far, however, President Obama has not put forth the EFCA during his administration. The
bill is the top legislative priority of organized labor. (Carrell,
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First Central Bank Case
First Central Bank Case
Part I:
River City was a community of approximately 210,000 people and, because of the influence of the International Metalworkers Union
(IMU), had been considered a "union town" by most everyone. The IMU was heavily involved with organizing many of the firms and
institutions in the area and was active in local politics. They had represented the workers at the large auto parts plant since the 1930's.
Another of the institutions that the IMU had been able to unionize was one of the town's smaller banks. It had organized the bank's
maintenance workers. The IMU was now trying to organize First Central Bank, the area's largest and oldest commercial bank.
As a result of recent growth, First Central had expanded to ... Show more content on Helpwriting.net ...
It did this by: (1) banning certain unfair labor practices, (2) providing for secret–ballot elections and majority rule for determining
whether a firm's employees were to unionize; and (3) creating the National Labor Relations Board (NLRB) for enforcing these two
provisions.
The Taft–Hartley Act (Labor ––Management Relations Act) was passed in 1947. This act prohibited union unfair labor practices and
lists the rights of employees as union members and rights of employers. The First Amendment permits both employers and
employees to exercise free speech by electioneering during union organization.
As the study guide states, statute and case law have defined a series of unfair practices that employers and unions may not engage in
during electioneering for a union certification election. Some unfair employer labor practices include 1) interference with union
organizing efforts, 2) interference with employees' efforts for mutual aid, 3) tion of a labor organization, 4) support for a labor
organization, 5) discrimination on the basis of participation in union activities, 6) discrimination due to employees' exercise of legal
rights, and 7) refusing to bargain or refusing to bargain in good faith. Some unfair union labor practices include 1) restraint or
coercion of employees or union members, 2) refusing to bargain or refusing to bargain in good faith, 3) strike–related conduct that
may be illegal, 4) excessive dues, 5) featherbedding, and 6) coercion of employees to
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Human Resources Questions Essay
1. The piecework system is more likely to succeed when all of the following are true except: a. units of output can be easily
measured. b. the quality of the product is critical. c. the job is fairly standardized. d. a constant flow of work can be maintained.
Answer: __b___ 2. States are permitted to enact legislation prohibiting compulsory union membership as a condition of employment
under: a. Wagner Act b. Railway Labor Act c. Taft–Hartley Act d. Landrum–Griffin Act Answer: __c___ 3. The requirements for
federal contractors to take steps to ensure a drug–free workplace is found in: a. the Occupational Safety and Health Act. b. the Drug–
Free Workplace Act. c. Executive Order 11246. d. the ... Show more content on Helpwriting.net ...
Will the assignment afford me the opportunity to learn a new language? c. How many executives within my organization have a
foreign–service assignment in their background? d. How long will the assignment last? Answer: __c___ 17. In a peer–review board,
employee representatives are: a. appointed by the union b. appointed by management c. elected by co–workers d. selected by the
complainant Answer: __c___ 18. Employers may _____ their workforce to help them identify the most valuable contributors. a.
segment b. reorganize c. educate d. overhaul Answer: __a___ 19. Compensation specialists recognize all the following generations of
employees except: a. Generation X b. Generation Y c. Boomers d. Synthesizers Answer: __d___ 20. Union membership today is: a.
on the rise. b. stable. c. on the decline d. fluctuating depending on the political makeup of Congress. Answer: __c___ 21. The best
method to capitalize on the benefits of video display terminals while safeguarding employee health is: a. placing the computer
monitor to the side of the desk. b. placing the computer screen 4 to 9 inches below eye level. c. placing the computer screen 12 inches
above eye level. d. adjusting the brightness and contrast controls on the screen to be as high as possible. Answer: __b___ 22. Which
of the following is not true? a. carpal tunnel syndrome is a reportable case and must
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Mandatory Bargaining Definition
According to Labor Relations (1958) mandatory subject of bargaining is noted by the Supreme Court that the area of mandatory
collective bargaining includes subjects relating to wages, hours, and other terms and conditions of employment. Other subjects such
as overtime pay, shift differentials, holiday pay, pensions, profit sharing plans, rental of company houses, grievance procedures, sick
leave, work–rules, seniority and promotion, compulsory retirement age, health care benefits, and management rights clauses are
examples of mandatory subjects of bargaining. The parties can insist on the adoption of their position on a subject within the
mandatory bargaining area as a condition to acceptance of a union contract. Certain terms and conditions ... Show more content on
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The duty is to bargain, not necessarily to reach agreement. However, an employer cannot make changes in mandatory subjects for
bargaining without first providing the union with an opportunity to bargain.Issues that have become mandatory subjects for
bargaining have been evolving since the NLRA was passed. The US Supreme Court has identified two criteria for determining
whether or not an issue represents a mandatory subject for bargaining: 1. Whether it is "plainly germane to the 'working
environment'": and 2. "Not among those 'managerial decisions which lie at the core of entrepreneurial control." The National Labor
Relations Board (NLRB) as well as the federal courts have substantial discretion in determining whether or not a particular issue
constitutes a mandatory subject for bargaining (Petersen & Boller,
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Labor Relations
Labor Relations
Grand Canyon University: HLT–520
James Webb
September 23, 2015
The National Labor Relations Act (NLRA) started in July 1935 to protect the rights of employees, rather, they be union or nor–union
employees (Pozgar, 2012). The employees are protected under the Act or may employ in bubble–like, rigorous goings–on in
situations other than the customary union organizations and cooperative bargaining. The National Labor Relations Board regulates
the employers from interfering with the rights of the employees to implement or organize and join with a groups that offers assists
with collective bargaining purposes like organization union or joining one (Pozgar, 2012). The employer may not restrain, coerce or
stop employees ... Show more content on Helpwriting.net ...
Since employees are continually more progressive and aware of their legal rights and privileges, it is critical for all employers to
exercise caution when their employees occupy performance that could be observed as strenuous activity. Patient's rights come into
play during a strike and the patients care is sure to suffer regardless of what is promise by the hospital administration. Failure to
provide adequate healthcare services to a patient would be a breach in the provisions and would affect the rights of the patient's
compensations and cause damage to their health (Allabaugh, 2013). Hospital can hire outside agency to cover for the staff that is on
strike like nurses. Factors that come into play with hiring outside agency is that the hospital may end up paying more for the
replacement and may cause a series of events like low mortality among staff and patients (Allabaugh, 2013). Another factor is with
treatment intensity and lower quality of care for patients and hospital readmission causing a decrease in hospital productivity
(Allabaugh, 2013). In hiring from outside agency may not be beneficial because it would like hiring a substitute teacher, they only do
the minimum duties because they are not fully trained.
Patients that need intensive care are more than likely to decline in health do to the substitute not know how to care for the patient.
Nurses
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Research Paper On College Athletes
Many Colleges have won big sports competitions and got a lot of revenue from winning those competitions. March Madness – with,
biggest college tournament in the country. If you win March Madness you win a bundle of money and because you're in it you
produce money from tv rights, talking billions of dollars. These players make the college they play for a lot of money. College
players putting in all their heart to win while still studying and focusing on their education, the players not sleeping some nights to
study. Should they get paid? College athletes should get paid because colleges make high revenue from sports, they put in all their
heart in it and still focus on their education, and lastly how they treat their players are ... Show more content on Helpwriting.net ...
According to USA Today Sports "including $547.1 million distributed to Division I schools and conferences." This quote shows how
much was distributed to top schools, a large extent of valuable dollar bills. Also, in the past couple of years the NCAA has gotten
more popular so that number has increased indefinitely by at least a couple million. Ticket sales is an another component of the
making money industry in college athletics. For example, according to ESPN the Longhorns made 44 million american dollars from
ticket sales. The money just keeps on stacking up like stacking up a wedding cake with smaller cakes. Frowning players should get
these profits because the players contribute to making the college those profits. The NCAA and college schools make a vast bulk of
revenue from athletics. Secondly, college athletes have to still focus on education still while playing basketball for the college and
winning the school championship. Yawning college players sometimes don't even sleep sometimes because they have to focus on
their education too. With all this to focus on this could be real difficult for them to play and still get good grades. "Student–athletes
put in long hours and travel extensively to be part of high–profile sports teams. The University of Chicago study notes that growing
demand for larger tournaments and more televised games means more travel for all teams involved, as well as more games played on
weeknights during the school year.
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Small Businesses Are Essential For The Fabric Of The...
Small businesses are essential to the fabric of the American economy. Specifically the franchise model offers an easy way for an
entrepreneur to attain success in the increasingly difficult and murky economical landscape. The U.S. Census Bureau estimates that
over 13% of the total American workforce is compromised of franchisee employees. That equates to roughly 7.9 million workers.
And while many have found unbound success within the realms of franchising, there are risks specific to undertaking such an
expenditure.
Aside from a high failure rate amount some franchises, the threat of litigation, like the threat that faces most business owners is a
sizeable one. In August of 2015, the National Labor Relations Board released it's long awaited decision regarding joint employement
in connecting to the Browning–Ferris Industries of Pennsylvania, Inc. issue. In an unprecedented move, one that overturned their
previous decisions and threatens to upend the basis of franchisor/fanchisee relationships the board decided that in order to find that
two or more entities are joint employers of a single workforce they must (1) both be employers within the meaning of the common
law; and (2) they must share or codetermine those matters governing the essential terms and conditions of employment. In evaluating
whether an employer possesses sufficient control over employees to qualify as a joint employer, the Board will – among other factors
–– consider whether an employer has exercised
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National Labor Relations Board (NLRB)
The National Labor Relations Board (NLRB) is an independent federal agency provided with the power to preserve the rights
employees' have to organize and to remedy violations if so called for. In addition, the agency was tasked with the prevention of unfair
labor practices committed by private sector employers and unions. The National Industrial Recovery Act initiated the NLRB, which
protected joint bargaining rights for unions. President Franklin D. Roosevelt later established the National Labor Board that initiated
20 regional boards that handled the massive caseload, that later proved ineffective. Congress, soon after, stepped in and passed a
public resolution that empowered the president to choose a labor board that had the authorization ... Show more content on
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The board consists of five members, who act as a quasi–judicial body that make decisions based upon cases of unfair labor. The
board is compromised of more than thirty regional offices that conduct elections, investigate charges, and establish whether to
dismiss, settle, or issue complaints. The jurisdiction of the counsel's power is responsible for investigating and prosecuting claims
that suggest practices of unfair labor. The Counsel is also found to be independent of the Board but once the Board has made a
decision it becomes the General Counsel's duty to sustain the decisions of the Board, even if the Counsel advocated towards the
opposite position. The National Labor Relations Board focuses on employees of the private sector and the postal service. Other than
these two jurisdictions the board has no authority over airline, agricultural, governmental, or railroad employees. To be able to
process charges, parties must first file against the employer or the union with a regional office who will then examine the complaint.
If the complaint proves valid it is then taken before an Administrative Law Judge who will carry out a hearing. Both parties must
prepare their arguments and present their
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The National Labor Relations Board Essay
Abstract
The recent decision made by the National Labor Relations Board granted collective bargaining rights to graduate student workers and
researchers. The focus on the decision was primarily based on the wording or a statutory employee as defined in Section (2)3 of the
National Labor Relations Act and ultimately the reversal of the 2004 Brown University decision against the groups legitimate
reasoning and desire to unionize. University administrators were against student worker unionization and cited that academy freedom
would be encroached on as well as a deteriorated student–faculty relationship. Proponents to the decision cite poor wages, limited
access to healthcare and respect as well as empirical evidence discrediting administrator's claims as making unionization the most
viable option.
Support for the decision of Case 02–RC–143012, The Trustees of Columbia University in the City of New York and Graduate
Workers of Columbia– GWC, UAW The National Labor Relations Board (the Board) has had authority over non–profit, private
universities for over forty–five years and on numerous occasions applied remedy to cases involving university faculty. Historically,
this type of recognition has been afforded only to faculty, the ability to collectively bargain had not been granted to its graduate
student workers and researchers but their desire to unionization is not a new concept (Board: Student Assistants Covered by the
NLRA, 2016). Graduate students at public universities
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Case Study : Walmart Shut 5 Stores Over Labor Activism
Aimee Picchi, Union: Walmart Shut 5 Stores Over Labor Activism, CBS NEWS (Apr. 20, 2015),
http://www.cbsnews.com/news/union–walmart–shut–5–stores–over–labor–activism/. Beth Ethier, Accused of Retaliating Against
Workers, Walmart Says It Closed Stores Over Plumbing Problems, SLATE (Apr. 20, 2015),
http://www.slate.com/blogs/the_slatest/2015/04/20/walmart_accused_of_closing_stores_to_punish_activist_workers_union_files.html.
Picchi, supra note 1. Steven Greenhouse, Walmart Illegally Punished Workers, Judge Rules, N.Y. Times (Dec. 10, 2014),
http://www.nytimes.com/2014/12/11/business/walmart–illegally–punished–workers–judge–rules.html?_r=0. See KENNETH DAU–
SCHMIDT ET AL., LABOR LAW IN THE CONTEMPORARY WORKPLACE (2nd ed., Labor Law Group 2014). Nancy Schiffer,
Associate Gen. Counsel AFL–CIO, Address at the ABA Section of the Labor & Employment Law CLE Conference in Denver CO.:
Rights Without Remedies: The Failure of National Labor Relations Act (Sept. 10, 2008). UNITED STATES NATIONAL LABOR
RELATIONS BOARD, LEGISLATIVE HISTORY OF THE NATIONAL LABOR RELATIONS ACT, 1935 (1959). Id. Schiffer,
supra note 6. Michael Rose, Democrats Roll Out Labor Law Overhaul Bill, BNA Daily Labor Report No. 179 (Sept. 16, 2015). Id.
Henry H. Drummonds, Reforming Labor Law by Reforming Labor Law Preemption Doctrine to Allow the States to Make More
Labor Relations Policy, LA. L. REV. 79, 112–15 (2009). National Labor Relations Act, 29 U.S.C §§ 151–162 (1935). The NLRA's
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Employee Rights Protected From Employer Discrimination
According to Walsh (2013) it is acknowledged that, employee rights protected from employer discrimination in Section 7 of the
NLRA included the right to form or join a union, bargain collectively, or engage in other concerted activity for mutual aid and
protection. Furthermore, the U.S. Constitution permits Congress whose operations have the capability to vitally affect interstate
commerce. Therefore, since Drake and Keeler's employer meets the criterion for coverage under the LMRA by engaging in interstate
commerce, thus, the particular employee right protected by section 7 of the LMRA is that they have been wrongfully discharged
because of their protected, concerted activities.
As stated by the National Labor Relations Board (n.d.) ... Show more content on Helpwriting.net ...
Essentially, Drake and Keeler both had openly stated that it was way too cold and the air was quite drafty at their workstations near
the open overhead door however, the supervisor refused and was not willing to close the overhead door because the majority of the
other employees wanted to leave it open. Therefore, Drake and Keeler discussed their problem and acted in a concerted manner and
walked off the job for the remainder of the day to contend the cold temperature at their workstations. This action fully discussed with
their supervisor in hopes some action would have been taken to remedy the situation in regards to their working conditions and is
thereby protected by Section 7.
Furthermore, Sec. 8. [§ 158.] (a) acknowledges that, It is an unfair labor practice for an employer to interfere with, restrain, or coerce
employees in the exercise of the rights guaranteed in section 7 [section 157]. All the more this section of the LMRA precisely
prohibits the discharge, constructive discharge, suspension, layoff, fail to recall from layoff, demote, discipline, or take any adverse
action against the employee because of their protected concerted activities. Since the action of Drake and Keeler is a protected
concerted activity, it is protected under Section 7 and the action of the employer is prohibited under Section 8. Section 7 of NLRA
assures the employees the rights and Section 8 makes the
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National Labor Relations Board (Nlb)
NLRB (National Labor Relations Board) requirements – The National Labor Relations Board is put in place to implement and
managing the National Labor Relations Act (Pozgar, 2015). This purpose of the act is to direct the labor–management affairs of
business firms that employ in interstate trade (Pozgar, 2015). So for example, in the introduction of chapter 20 we read that
supervisors are harassing employees regarding in participating and voting in union meetings (Pozgar, 2015). As health care
administrators and human resources directors, we must adhere to the laws that govern businesses (Pozgar, 2015). If I were the health
care administrator or HR manager, I would have had put a stop to the harassing, if not prevented it, of the medical staff,
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Davis Supermarkets Inc vs. National Labor Relations Board:...
Case Review: Davis Supermarkets, Inc. v. National Labor Relations Board 2 F.3d 1162 (DC. Cir. 1993) Facts: In Davis
Supermarkets, Inc. v. National Labor Relations Board 2 F.3d 1162 (DC. Cir. 1993), the Court was asked to decide a dispute between
an employer (Davis) and the National Labor Relations Board (NLRB). The NLRB had found that Davis committed unfair labor
practices, which Davis disputed. A union (Local 23) was attempting to organize a local at Davis. Several employees signed
authorization cards for the union. Six of those employees were terminated in a mass layoff that impacted eight employees. Davis then
fired or constructively fired three more employees who had filed authorization cards. Davis's chairman of the board then informed
employees that he wanted them to sign authorizations with the Steelworkers, a competing union. However, Davis maintained that the
employees were terminated for cause, not because they signed authorization cards for Local 23. Issues: Does the NLRB have to show
that an employer knew of union activity of all employees targeted in a mass layoff to show that the mass layoff was conducted to
discourage unionization? What does the Court consider when determining whether terminations were prohibited anti–union activity?
Reasoning: The National Labor Relations Acts (NLRA) protects employees' rights to organize for the purposes of collective
bargaining. Under the NLRA, employees have the right to "organize a union to negotiate with your
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Hrm/531 Week 2 Individual Assignment
1) Based on this research and analysis, how did your perspectives change, if any? Explain your rationale whether your views changed
or remained the same. I have worked in both union and nonunion workplaces and found the survey questioning my beliefs about
unions. I do feel that workers are far better off in this country due to union efforts of the past. Noted in the text, "The United states
has legislation governing wages and hours, equal employment opportunity (EEO), family and medical leave, pensions, mergers,
Social Security, and health and safety" (Bernardin & Russell, 2013, p. 326). I decided to research three questions on the survey
concerning wages and pay–for–performance in which I either disagreed with or was undecided in my response. Question #14 states,
"Union workers are less satisfied with their wages and benefits than are nonunion workers" (Bernardin & Russell, 2013, p. 646) for
which I strongly disagreed. Noted in the Monthly Labor Review, "Recent data ... Show more content on Helpwriting.net ...
Read the case titled, "Organizing a Union." Write the following letters: 2) Letter #1: You will assume the role of union organizer and
write a letter that argues his position in this case. Fellow American Rental Car Employees, As your union organizer, I wish to dispel
some of the inaccurate information you have been receiving concerning union representation. I want to provide you with facts that
will help you decide if you would like to be represented by a union. A recent article in a leading human resource management
textbook noted, "Workers dissatisfaction with their jobs and, in particular dissatisfaction with their wages, benefits, and supervision
are most related to the tendency to vote for a union" (Bernardin & Russell, 2013, p. 327). These are the exact reasons we want to
form a union here at ARC to represent our interests as
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The Pros And Cons Of Labor Relations
In the U.S. labor relations, a group of employees who desire to bargain collectively rather than individually, are those who typically
form a union (Dooley, 1957). This demonstrates to the employer that the majority of its employees support the union and the
organizing process begins. First, employees cannot form a union without abiding by certain basic procedural steps and legal
standards that are required. Decisions to vote against or for a union are based on factors such as satisfaction with their job, beliefs of
the effectiveness of the union, and the culture or social environment in which the employee works. Next, when an employer exerts
undue punishment to an employee who the employer suspects as being an illegal alien, this may be poor public policy. From a legal
perspective, a recent federal court case, Singh v. Jutla & C.D. & R. Oil, Inc., 214 F. Supp. 2d 1056 (N.D. Cal. 2002) spoke to this
issue. In this case, when the plaintiff Singh filed a wage claim under the Fair Labor Standards Act (FLSA), the employer fired him
and reported him to INS as an illegal alien (Labor Law, 1969). Likewise, the union certification process which was established by the
National Labor Relations Act (NLRA) in 1935 was a victory for workers waning union representation upon its initial
implementation. Workers could petition the National Labor Relations Board (NLRB) for a determination made democratically of
whether a majority of workers favored unionization (Labor Law, 1969). This effort
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The Role Of The National Labor Relations Act
The National Labor Relations Board (NLRB) is a federal government agency, founded by Congress in 1935 (Galiatsos, 2015). The
primary responsibility of the NLRB is to administer the National Labor Relations Act (NLRA). However, the NLRB takes action to
safeguard employees' right to organize, and to decide whether to have unions serve as their bargaining representative, with their
employer (Galiatsos, 2015). The agency also acts to prevent and remedy unfair labor practices that are committed by private sector
employers and unions. The NLRB protects the rights of most private–sector employees to join together, with or without a union, to
improve their wages and working conditions (Galiatsos, 2015). The Labor Management Relations Act ... Show more content on
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2087). Therefore, Drake and Keeler are deemed to have acted in a concerted manner, and walked off the job for the remainder of the
day, in order to demonstrate or protest the poor working environment, due to the cold weather at the workplace. As such, this action
was considered to bargain an issue that was linked to their working conditions; hence, is protected by Section 7.
Furthermore, Section 8 of the LMRA, stipulates that it is an unfair labor practice by the employer; for an employer to interfere with,
restrain, or force employees in the exercise of the rights, guaranteed in section 157 (Galiatsos, 2015). Thus, Section 8 specifically
disallows the discharge, constructive discharge, layoff, suspension and failure to recall from layoff, demote, discipline, or take any
adverse action against the employee, due to their concerted activities. Concerted activities can be viewed as protection available
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Nlrb On Behalf Of Mrs. Dawnmarie Vs. American Medical...
Case Title : NLRB on behalf of Mrs. Dawnmarie vs. American Medical Response of Connecticut Company Case number: 34–CA–
012576 Date Opened: 01/19/2010 Status: closed Presentation of the Case The case filed by NLRB was between the American
Medical Response of Connecticut in New Haven and one of their employees called Mrs. Dawnmarie. Upon verbal disagreement with
her supervisor, Mrs. Dawnmarie posted a negative remark on her private facebook wall about the supervisor. The remark attracted
comments from her staff mates. On reporting to work the following day, she was suspended and later fired. The company argued that
her act was a violation of their internet policy by criticizing her overseer online. The Hartford NLRB office filed a complaint of
unlawful dismissal of Mrs. Dawnmarie stating that the party was involved in protected concerted activity on Facebook at the time
when she criticized her senior. In addition, NLRB identified several unlawful provisions within the company's manual of conduct.
However, before hearing, the company opted for an out of court settlement with Mrs. Dawnmarie besides revising their unlawful
provisions in their handbook. Rationale of the NLRB Decision I agree with NLRB's decision since Dawnmarie's activity can be
classified as a concerted activity. Reflectively, a concerted activity is that which involves an employee expressing views t other
employees with the intention of either criticizing or suggesting an alternative response to
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The Law Of The United States
For example, creating the precedent in Republic Steel that requires an employee fired in violation of the NLRA to find another
similar job as soon as possible to mitigate damages or risk the being awarded back pay or the legally unsupported Brown University
case, decided by one of the most conservative Boards in recent history, held, "as a matter of policy," that graduate student workers
were students and, and, therefore, could not be employees as defined by the NLRA. Republic Steel, Dannin, supra note 44 at 260–63.
Id. See Consol. Edison Co. v. NLRB, 305 U.S. 197, 220 (1938) (holding that the power of the Board to punish an employer who
violates the NLRA is "remedial, not punitive."); Republic Steel Corp. v. NLRB, 311 U.S. 7, 10 ... Show more content on
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Morris ed. 1987) ("the NLRB has not only failed to prevent unfair labor practices, but has actually encouraged their commission
because its processes and remedies are so ineffective."); Martha S. West, The Case Against Reinstatement in Wrongful Discharge,
1988 U. ILL L. REV. 1 25–29, 64 (1988) (finding that the current remedies available to the NLRB are ineffective in preventing
employers from committing unfair labor practices); Robert M Worster III, Casenote: If It's Hardly Worth Doing, It's Hardly Worth
Doing Right: How the NLRA's Goals Are Defeated Through Inadequate Remedies, 38, U. RICH. L. REV. 1073, 1083 (2004) ("
[l]abor law is so weak that companies often treat the minor penalties as a routine cost of doing business, not a deterrent against
violations."). Henry S. Drummonds, Reforming Labor Law by Reforming Labor Law Preemption Doctrine to Allow the States to
Make More Labor Relations Policy, 70 LA. L. REV. 97, 120 (2009). "It shall be an unfair labor practice for an employer . . . by
discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage
membership in any labor organization." National Labor Relations Act § 160. Morris M. Kleiner & David Weil, Evaluating the
Effectiveness of National Labor Relations Act Remedies: Analysis and Comparison with other Workplace Penalty Policies, in
RESEARCH HANDBOOK ON THE ECONOMICS
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The Representative Free Decision Act
As per distributed media reports, work pioneers, including authorities at the AFL–CIO, Change to Win organization, and others, are
making entry of the Representative Free Decision Act ("EFCA") their top administrative need in the new 111th Congress set to start
in January 2009. In its present structure, EFCA would adjust the National Work Relations Act ("NLRA") to:
(1) Require the National Work Relations Board ("NLRB") guarantee a union based upon a dominant part card check (rather than
ensuring a union strictly when it gets a lion 's share of worker votes in a mystery poll decision);
(2) Permit either gathering to demand required tying mediation of a first contract if no assention is come to inside around 120 days of
confirmation of ... Show more content on Helpwriting.net ...
Supporters of EFCA are naturally hopeful about the charge 's prospects for being marked into law amid the 111th Congress given the
race of President–Choose Obama and the Law based Gathering increases in the House and the Senate in the November 2008 race.
EFCA 's key components are portrayed in more detail beneath.
I. Confirmation Taking into account Greater part Card Check
EFCA would revise Area 9(c) of the NLRA to require that, where a worker 's party documents a representation appeal, the NLRB
must ensure the union as the restrictive dealing illustrative of the representatives gave two conditions are met: (1) that the requested
of for bartering unit is a proper unit, and (2) that a lion 's share of representatives in that haggling unit have communicated their
inclination in composing that the union speak to them. This outflow of hobby is generally shown through marked approval cards.
Right now, under the NLRA, a business need not perceive a union in view of marked approval cards however can, rather, withhold
acknowledgment unless and until the union gets a greater part of votes cast in a mystery poll race led by the NLRB. Under EFCA, a
business would not be approved to require a mystery tally decision
among the haggling unit workers, if the worker 's party has asked for confirmation taking into account a card check.
Under EFCA, a union would require just to acquire marked
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National Labor Relations Board (NLB): A Case Study
The NLRB, National Labor Relations Board, is an independent federal agency that guarantees workers to be able to join groups and
to act in group efforts in order to improve their wages and working conditions (Bernardin & Russell, 2013). The NLRB is also used
for preventing and correcting unfair labor laws and whether workers choose to be represented and by who (Bernardin & Russell,
2013). Whether you, as an employee, are in a union or not, you have the right to join with or without your co–workers to address and
try to fix any issues you have at work (National Labor Relations Board, n.d.). It appears that the Trump Administration and Board are
wanting to make sure that these laws are definite and abided by. Under the Obama Administration they
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Parexel Case Comparison Paper
Introduction While social media platforms present avenues for the freedom of expression, the rules or regulations that guide the
privilege may sometimes be curtailed or applied wrongly. Employees and organizations are facing the dilemma on what to post or not
to post on these platforms. An employee may decide to air something through these public arenas without the knowledge that their
actions may surpass their rights and thus infringe on others' rights or cause damages to other people (Boyce, 2014). On the other
hand, an organization may control the communication of employees on social media platforms to the extent that it violates their rights
and privileges. It is in this respect that this paper explores the Facebook and Praxel cases as they are related to these matters.
Comparison and Contrast between the Two Situations The Facebook and Parexel cases provide differences in the way that protected
concerted activities are applicable under the National Labor Act. For instance, in the Facebook case, American Medical Response
Company dismissed an employee of her duty for posting derogatory comments about her supervisor via Facebook. According to the
labor board, the company illegally terminated Souza and denied her access to union ... Show more content on Helpwriting.net ...
A Parexel International employee was discharged from her duty after she raised complaints that other employees pay was much more
the those doing the same job that she delivers. The dismissed employee filed an unfair labor practice charge with a regional NLRB
office alleging that her discharge was a mere retaliation for exercising her rights within Section 7 (Obermayer Rebmann Maxwell
Hippel LLP, 2011). However, her concerted activities were not protected since there was no proof that her complaints had mutual aid
or benefits with her workers. Thus, while Parexel engaged in illegality, the employee did not act for the benefit of other fellow
... Get more on HelpWriting.net ...
Essay on National Labor Relations Act
History
The National Labor Relations Act (NLRA), also known as the Wagner Act, was enacted in Congress in 1935 and became one of the
most important legacies of the New Deal. Prior to the passage of the NLRA, employers had been free to spy on, interrogate,
discipline, discharge, and blacklist union members. Reversing years of federal opposition, the statute guaranteed the right of
employees to organize labor unions, to engage in collective bargaining, and to take part in strikes. The act also created a National
Labor Relations Board (NLRB) to arbitrate deadlocked labor–management disputes, guarantee democratic union elections, and
penalize unfair labor practices by employers. The law applied to all employees involved in the interstate ... Show more content on
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More commonly, the union will obtain authorization cards from 30% of the employees of a company. At this stage the union can now
petition the National Labor Relations Board to have an election. For a union to be organized the employees must represent an
appropriate bargaining unit. The appropriate bargaining unit must have a mutuality of interest among the workers. This interest is
determined by job duties, job similarity, skill levels, work site proximity and no management employees.
Once these criteria are met an election occurs to determine if employees want to unionize. The National Labor Relations Board
oversees the election to make sure that a true secret vote is secured. If a majority of employees, which is one vote over 50%, agree to
join the union then the NLRB certifies the union as the bargaining representative.
Management's Responsibilities
Members of management of a company whose employees are attempting to organize cannot, by law, join a union. Once preliminary
organizing begins and during the election campaign, employers have certain rights and responsibilities, as mandated by the NLRB.
The employer may lawfully limit campaign activities that occur on company property, if it has a legitimate reason to do so.
Employers may also limit places where solicitation may occur, limit time during which solicitation may take place, and limit access
to the workplace by any outsider. Employers may limit distribution of union
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Context Of Silkwood V. Kerr Mcgee Nuclear Corp
Introduction
The 1983 film Silkwood, was inspired by Karen Silkwood of the monumental Silkwood v. Kerr–McGee Nuclear Corp. (81–2159)
whistleblowing case. Silkwood, a union activist and whistleblower who worked at the Cimarron, Oklahoma Kerr–McGee Nuclear
Fuel Processing facility from August, 1972 through November 1974. While the activist was investigating alleged wrongdoing,
specifically plutonium contaminations on her body and throughout her house, she was killed in a suspicious auto accident. The case
portrayed in film shows implications for modern whistleblowers, set a precedent and was essential in creating proper protections for
whistleblowers. This paper will analyze the context of Silkwood v. Kerr–McGee Nuclear Corp. in modern day whistleblowing.
Silkwood v. Kerr–McGee (1979)
After the discovery of plutonium contamination on Karen Silkwood's body and in the house she shared with co–workers, Silkwood
died in a mysterious auto accident. Her father, who was her estate administrator, then filed suit against Kerr–McGee Nuclear
Corporation for personal injury, mental distress, and property damage.
The Silkwood v. Kerr–McGee case raised new questions about safety of workers in the nuclear industry. At the plant where Silkwood
worked, employees worked with plutonium, which presents a high risk of serious health complications on the internal organs, tissues,
and bone, especially if the element is inhaled or has any sort of internal contact. Silkwood was a laboratory analyst
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Murphy Oil USA, Incorporated V. National Labor Relations...
While labor relation laws have provided legal stability for employers and employees to exercise and pursue their respective rights
and interests, not all conflicts and disputes are resolved based on precedence of law. The National Labor Relations Board (NLRB)
enforces the right of employees to engage in concerted activities for mutual aid or protection and takes the position that class and
collective action waivers in employment and other agreements are unlawful. Although the National Labor Relations Act (NLRA)
provides employees certain rights, some labor relation issues decided by the NLRB have been challenged in some cases and
supported in others by the Supreme Court and the United States Courts of Appeals. Murphy Oil USA, Incorporated v. National Labor
Relations Board addresses arbitration agreements that bar employees from concerted activities in any forum are within the
parameters of being considered an unfair labor practice. Lavin and DiMichele (2017) mentions that five circuits challenged the
subject of whether class waivers are enforceable with three circuits holding that they must be enforced and two deciding that
enforcement ... Show more content on Helpwriting.net ...
Horton v. NLRB, Murphy Oil revised its arbitration agreement in March 2012 however; the revision did not apply to the employees
involved in the Alabama lawsuit due to their employment status occurring prior to March 2012. A petition to review Board's decision
in D.R. Horton made its way to the Fifth Circuit Court and in its decision, the court rejected the Board's analysis of arbitration
agreements contending that NLSA statutes do not override the Federal Arbitration Act (FAA). The FAA codifies the federal policy of
enforcing arbitration agreements behooving any party preparing to enter into a contractual relationship to ensure that a dispute
resolution clause of the contract is clear and explicit. This holding meant that D.R. Horton did not engage in unfair labor practices
hindering concerted
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Summary: The Three Laws That Support Collective Bargaining
The Three Laws that Support Collective Bargaining
Labor Laws help protect the workers 'union activity by helping to define those roles of employees and management. "The major
process in today's U.S. labor relations system–organizing new unions, bargaining contracts, and resolving disputes and grievances–
are not entirely legal in nature, but labor law has defined important aspects of these processes" (Budd, 2013, p. 109) This leads us to
look more in–depth at three U.S laws that support the effort of collective bargaining. We will peer into the Wagner Act, as well as the
Taft–Hartley Act and finally glance into the Family and Medical Leave Act.
The Wagner Act also known as the National Labor Relations Act was signed into law July 5th, 1935. ... Show more content on
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The three articles that were related and tied to these laws and unfair labor practices expressed these examples. When reviewing the
Wagner Act the article I found addressed the unfair labor practices of refusal to bargain with a certified union. The article discusses
the reasons that the teachers' union filed an unfair labor practice charge with the Vermont Labor Relations Board. One of which
centered on the Wagner Acts example of employer unfair labor practices by placing conditions on bargaining that prevented the
possibility of reaching a settlement. The article that represents unfair labor practices regarding the Taft–Hartley Act concentrated on
the unfair labor practices from a union perspective. Its focus was on the use of teacher union strikes within the state of Washington
and shows the underlining loopholes with Washington state law versus adaptation of the Taft–Hartley Act for teachers. This article
speaks to the reason that penalties or other ramifications are needed to curtail this unfair labor practice. Finally, the last article
embodied another unfair labor practice by union activity. With the FMLA it states specific requirements for qualification. When a
union tries to get an employer to pay for work not performed or "featherbedding" this action can result in an unfair labor practice.
The documentation reference for this clearly defines the stipulations for teachers utilizing FMLA
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The Wagner Act Essays
In 1934, the Wagner Act was first introduced, also called the National Labor Relations Act (NLRB), it promised "to ensure a wise
distribution of wealth between management and labor, to maintain a full flow of purchasing power, and to prevent recurrent
depressions." (Babson, p. 85) During the mid–1930's organized labor and the United States Government struck a deal. It was the time
of Franklin D. Roosevelt. A volatile time, the country was attempting to recover from a depression, unemployment was at an all–time
high and organized labor was struggling for its own existence. "Vast numbers of the unemployed are right on the edge," observed
Lorent Hickock, a Pennsylvania reporter hired by the federal government to report on social ... Show more content on
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With no relief in sight, society had nothing to lose and everything to gain by fighting back. Workers saw that businesses and
businessmen continued to get rich and mover further ahead in life, while the working class began to fall further down the economic
ladder with little or no hope of advancement within society. The solidarity amongst the unemployed is a key factor which cannot be
ignored by historians and scholars, and that impetus could have propelled labor forward. For the first time, America had seen mass
demonstrations across the country centering on a central issue, unemployment. Unemployment councils were prevalent within many
of the major metropolitan centers across the country, and they became the proponent for the wize of the American worker. Numerous
rallies and demonstrations were staged by those councils, and when it came to the issue of unemployment there were no perceived
boundaries amongst citizens based on ethnicity, race or religion. The barriers which had stymied the growth of the labor movement
had temporarily disappeared. However, as powerful as these councils could have been, there was no co–ordination amongst the
various centers in relation to the public protest. Communities and individuals were becoming mobilized and they too began to learn
the importance of being organized and working together collectively and disregarding any self imposed barriers along the lines
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The Stock Market Crash Of 1929
The stock market crash of 1929 marked the start of the Great Depression. President Hoover thought the problem would blow over by
itself. In the process of not doing anything to help, the situation slowly became more severe, and soon, about 25% of the workforce
was unemployed. In 1933, Franklin Delano Roosevelt was elected into the presidency, promising to end the Great Depression. To do
so, he implemented many different bills that were turned into laws, and were eventually put into effect. He passed a total of 15 new
laws in his first hundred days of being elected, and parts of them are still in effect to this day. Some laws helped prevent the situation
from getting worse and are still laws in this day and age, while others didn 't do much and were picked apart to be reconsidered, or
just plain rejected.
The first law is the Tennessee Valley Authority Act. FDR signed this act on May 18, 1933 in order to create the TVA as a Federal
Corporation. This particular agency was tasked with facing important problems caused by flooding, erosion, steady emigration, and a
deficient economy in the Tennessee Valley. Examples of such tasks include dealing with flooding, providing electricity to homes and
businesses, and replanting the forests. The TVA also improved travel on the Tennessee River and helped develop the region 's
business and farming. Since the TVA dealt with problems in the Tennessee Valley, there was many positive effects in that area. The
electricity generated by the dams
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National Labor Relations Board Analysis
The National Labor Relations Board consists of five members, who serve staggered terms and who are appointed by the president of
the United States.
According to our textbook "The National Labor Relations Board is housed in its national office in Washington, D.C., with regional
offices throughout the United States. The full board consists of five board members, one of whom is the chair" (Seaquist, 2015).
How do you think the president's political outlook plays into who is appointed to sit on the board?
The president will likely choose the NLRB representatives that are on the same consensus as his views, goals, and schedule. So if the
president were of the Democratic Party more than likely he would choose members for the board of the same
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UCCC Social Media Policy
Inevitably, it is disheartening to learn about the feelings of a staff member toward me as a leader. As I read through this comment it
leads me to believe that accepting the friend request was not the best decision. Upon accepting the friend request it exposes the
personal life and feelings of each other. The Board of Trustees is recommending a social media policy to determine the boundaries
for the staff as it relates to social media. There are no laws prohibiting our office from having a social medial policy. However, social
media policies are regulated by the National Labor Relations Act and it is enforced by the National Labor Relations Board.
The regulations on social media policies limit the employer's ability to place restrictions on the staff ... Show more content on
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We acknowledge that employees may engage in social media activities. Thus, described below are guidelines to follow as it pertains
to our office and social media.
1. Employees cannot disclose any patient health information as protected by HIPAA or any confidential patient information kept in
our office through any social media comment, private messaging, video, or picture.
2. Employees cannot post any social media comment, private messaging, video, or picture of any patients, visitors, clients, or
customers of our office to protect the health status of our patients.
3. Employees cannot engage in any social media comment, private messaging, video, or picture that would be characterized as
individual complaint specific to the employee or not intended to induce a group action.
4. Employees cannot disclose any internal policy or procedure, internal office forms, or any internal office communication through
any social media comment, private messaging, video, or picture.
5. Any social media comment, private messaging, video, or picture that includes the name of our office would need to be approved by
the Practice
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The National Labor Relations Act ( Nlra )
North Carolina is an at–will state, and this by no means gives any employer the right to act as they wish in the work place. Certain
laws govern the workplace that have to be honored with each and every employee. One such law is the National Labor Relations Act
(NLRA). This law was endorsed in July of 1935 and was modified by both the Taft–Hartley amendment in 1947, and Landrum
Griffin amendments in 1959 (George Pozgar, 2012, p, 474). This law is responsible for stopping and relieving unfair labor practices
by employers, their agents, and or organizations. The NLRA is independent of the Department of Labor, but entrusted to the National
Relations Labor Board (NLB) (Pozgar, 2012, p. 474). To illustrate, in the setting of a hospital, there are two violations that would
certainly grab the focus of the NRLA; discrimination against an employee who engages in union activity, and retaliation against an
employees who file unfair labor practice charges. Furthermore, in the face of a strike certain rights of patients come into play to
protect the patient and ensure they continue to receive quality care.
Violation of the National Labor Relations Act The NLRA is entrusted by the NLB, which protects collective bargaining in the private
sector. Some of the activities of the NLRB is to primarily conduct elections to determine whether or not employees want union
representation, and to investigate and relieve practices that are unfair by employers and unions (Joe Twarog, 2005). When a
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The Employment Laws Of The Workplace
With the modern complexity of employment laws, the necessity for recording a conversation or meeting in the workplace often
presents itself. With today 's technology, the opportunity presents itself more easily than ever before. However, because employees '
rights of privacy are severely limited in the workplace, what, if anything, may an employee legally record in the workplace? Any
lawful permitted use of electronic recording devices by employees in the workplace will likely be for protected concerted activity and
provided by § 7 of the National Labor Relations Act ("NLRA").
As mentioned above, in the private workplace, the employer practically has absolute power in limiting the conduct, activity, and
rights of employees. A fundamental precept of labor law is that "working time is for work." Since audio and video recording, as well
as photography have great potential for consuming work–time and distracting employees from accomplishing their work tasks, many
employers promulgate policies which disallow such recording.
In a recent case in December of 2015, and one of first impression, the National Labor Relations Board ("NLRB" or "Board") issued a
decision in Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), finding for the first time that blanket or unqualified
employer policies which prohibit employees from recording company meetings or conversations with other employees are
unlawfully overbroad. However, the Board stated that certain circumstances do exist
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Hrmd 620 (Mercedez Benz Dealership Vz. Tristan Jones
1. Section 7 of the National Labor Relations Act specifies that "employees shall have the right to self–organization, to form, join, or
assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted
activities for the purpose of collective bargaining or other mutual aid or protection." Describe how the NLRB has interpreted the
phrase "concerted activities for the purpose of collective bargaining or other mutual aid or protection." The NLRB and the courts
have interpreted this statutory provision to mean that employees ( both union and non–unions members ) have the right to act
together and discuss the terms and conditions of employment with fellow employees, to ... Show more content on Helpwriting.net ...
His post was ill–mannered, insensitive and was additionally quite damaging to the image of the dealership. While I do support the
rights of employees to free speech, I also support the right of employers to support the image of their company and in this case I do
find Jones' termination an appropriate cause of action.
I guess my answer to the question lies on which of Jones posts prompted his termination from Mercedes– Benz.
4. What, if any, parts of the employer's Employee Handbook violated Section 8(a)(1) of the NLRA? Explain why you made the
decision that you did.
For the most part, I find the employer's Employee Handbook to be in accordance with NLRA regulations. The only section which I
would say violated the Act and may be susceptible to potential unfair labor practice charges would be the courtesy rule. The courtesy
ruled is defined as such
" Courtesy is the responsibility of every employee. Everyone is expected to be courteous, polite and friendly to our customers,
vendors and suppliers, as well as to their fellow employees. No one should be disrespectful or use profanity or any other language
which injures the image or reputation of the Dealership."
I find that the courtesy rule which prohibits certain types of conducts and statement violates the rights of employees to partake in the
kinds of activity protected by federal labor law. According to the Jackson Lewis, employees have
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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 ... Show more content on Helpwriting.net ...
Legal Issues Potential legal issues for Lewis & Lambert center on federal, state, and local laws. However, the most prominent
jurisdiction of the three is federal. Possible Legal Issues Legal issues can arise from unfair labor practices resulting from a violation
of values and ethics set forth by the National Labor Relations Board (NLRB) as well as damages experienced by union employees
under contract. Examples of such legal issues include but are not limited to excessive membership fees, discrimination, picketing,
and coercion of employee participation in union activities (Cascio, 2010, p. 516). Laws. As stated earlier, laws are in place to protect
Lewis & Lambert employees and the organization against legal issues that may arise. Union laws are in the form of Acts stemming
from the NLRB's architect, the National Labor Relations Association. "The Wagner Act, or National Labor Relations Act, of 1935
affirmed the right of all employees to engage in union activities, to organize, and to bargain collectively without interference or
coercion from management" (Cascio, 2010). Twelve years later, those same rights were changed to include protection against unfair
labor practices under the Taft Hartley Act of 1947. Litigation and Implication. Although Lewis & Lambert have not had any litigation
regarding unfair labor practices, three counterparts in Local 68 have had allegations against them regarding Duty
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Bellagio Case Summary
In the case of Bellagio v. National Labor Relations Board, The United States Court of Appeals was asked to rule on whether a ruling
made by the NLRB was appropriate. The case concerned a bellman at the Bellagio Hotel who solicited a tip from a customer, which
was against company policy. The customer complained to management, and the bellman was summoned to a meeting regarding the
complaint. When asked about the complaint, the bellman requested a union representative; however, he declined to contact one by his
own effort. The Bellagio tried to find a union rep, but was unable to locate one at that time, so they informed the Bellman that he
could fill out a statement without a rep, or the meeting would be postponed and he would be put on "suspension pending
investigation" until the matter was cleared up. It was clearly indicated that the SPI was not disciplinary and the SPI would not stay in
his employee file, but that he could not work until the investigation was completed. As he ... Show more content on Helpwriting.net
...
Asking the employee not to speak of a disciplinary matter while it is investigated does not seem to me to be coercion. The employee
might have had ulterior motives for not leaving the premises. While the court suggested that this is coercion, I would say that it is
common sense. Since the bellman gave no statement, the Bellagio does not know if he is trying to influence a potential witness or
simply vent to a fellow employee. There is also the potential of a customer overhearing his complaint, and that would be
unprofessional. Overall, I think the hotel handled the complaint and discipline issue in a professional manner, while the employee
tried to abuse the system. A minor infraction, which should have been handled quickly and easily, became a case that wasted time,
money, and valuable court docket
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The Labor Movement During The Nineteenth Century
The labor movement and the need to organize as a united voice for worker's rights came about during the nineteenth century. During
this time, worker's faced long hours which turned into long workweeks, often times requiring workers to work six days a week with
ten or more hours per day for very low wages and in conditions that were unsafe or unhealthy. In most cases, workers were at the
mercy of the companies that employed them and had few options to improve their work conditions and even less recourse if they
were injured or killed on the job. Out of this need, the organized labor movement began which provided a vehicle for employees to
band together as a united group to demand better working conditions, fair wages and an established work week. These changes were
done through negotiations with management at the companies and through the creation and implementation of regulations at the state
and federal government level. Many of these regulations have resulted in set procedures and policies for establishing a union within a
workplace, both in the public (federal) and private sectors. There are two agencies that oversee unions and the policies governing
them.
The National Labor Relations Board (NLRB) is an independent federal agency charged and empowered to safeguard employees '
rights to organize and to determine whether to have unions as their bargaining representative. The agency also oversees labor
practices to ensure that employees rights are protected by private
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Factors Behind Unionization
First Decision: The National Labor Relations Board decision and order of the Respondents, Domsey Trading Corporation, Domsey
Fiber Corporation, and Domsey International Sales Corporation ("Domsey"), a single employer and Arthur Salm and Fortuna Edery
and the Discriminates International Ladies' Garment Workers Union, formally request the return of previously striking employees.
Domsey wholesale used clothing from its warehouse in Brooklyn, New York. On January 30, 1990, around 200 of Domsey's
employees joined among the Union went on strike, claiming that the corporation had committed unjust labor practices, including
firing some employees for attending union assembly's. They charged that Domsey had entrusted unfair labor practices and ... Show
more content on Helpwriting.net ...
The owner uses this judgment as an example for his management's behavior, that they must follow the existing laws of the
employees' rights to unionize, and understand that no one is over the law. Final Analysis: The fact that the business management's are
in opposition to unionization for a long time is measured as a disincentive to the expansion of private sector unions. Normally, the
challenges of impeding unions of starting organizing, consist of carrots and sticks accessible to employees of the company. Sticks on
hand of the management to impede possible unionization efforts, consisting of captive meetings of verbal communication by
administrators, persecution of potential union influential employees, lay of the union leaders, and failing to bargain honestly over
primary agreements. Carrots offered to employees as an ingredient of the effort to stop organizing forces from happening, including a
salary increase, employee participation programs, and supplementary category of monetary contribution in the earnings of the
company. Likewise, unions provide to the workforce a representation in government and on the collective policy matter, with the
purpose of more elevated causes than its unhelpful effects on the provision of wealth of the members. The unions fight for public
policy concerns from social security reform to health and safety, encompass a
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Nlrb On Behalf Of Mrs. Dawn Vs. American Medical Response...
Case Title : NLRB on behalf of Mrs. Dawn vs. American Medical Response of Connecticut Company Case number: 34–CA–012576
Date Opened: 01/19/2010 Status: closed Presentation of the Case The case filed by NLRB was between the American Medical
Response of Connecticut in New Haven and one of their employees called Mrs. Dawn. Upon verbal disagreement with her
supervisor, Mrs. Dawn posted a negative remark on her private facebook wall about the supervisor. The remark attracted comments
from her staff mates. On reporting to work the following day, she was suspended and later fired. The company argued that her act
was a violation of their internet policy by criticizing her overseer online. The Hartford NLRB office filed a complaint of unlawful
dismissal of Mrs. Dawn stating that the party was involved in protected concerted activity on Facebook at the time when she
criticized her senior. In addition, NLRB identified several unlawful provisions within the company's manual of conduct. However,
before hearing, the company opted for an out of court settlement with Mrs. Dawn besides revising their unlawful provisions in their
handbook. Rationale of the NLRB Decision I agree with NLRB's decision since Dawn activity can be classified as a concerted
activity. Reflectively, a concerted activity is that which involves an employee expressing views t other employees with the intention
of either criticizing or suggesting an alternative response to mistreatment at place of work.
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Essay about The National Labor Relations Board
The ability for the federal government to regulate businesses' activity is given in the Constitution. Article 1, Section 8 is known as the
commerce clause; it states, "Congress shall have the Power...to regulate Commerce with foreign Nations, and among the several
States, and with the Indian Tribes" (Reed, 173). Through the commerce clause, the government is able to regulate business activity by
the use of administrative agencies, which is defined as "a governmental regulatory body that controls and supervises a particular
activity or area of public interest and administers and enforces a particular body of law related to that activity or interest"
(Administrative Agency, 1). There are two types of regulatory authority that agencies may ... Show more content on Helpwriting.net
...
(Reed, 630)
To properly examine the NLRB it is imperative to understand how it is organized. The NLRB "has five members and primarily acts
as a quasi–judicial body in deciding cases on the basis of formal records in administrative proceedings. Board Members are
appointed by the President to 5–year terms, with Senate consent, the term of one Member expiring each year" (NLRB.gov). In
addition to the board members there is a General Counsel, which is appointed by the President to a 4–year term and is independent
from the board. The person appointed to the position of General Counsel is responsible for the investigation and prosecution of unfair
labor practice cases and for the general supervision of the NLRB field offices in the processing of cases. (NLRB.gov) The NLRB
also has a Division of Judges, which is made up of 40 Administrative Law Judges who hear, settle and decide unfair labor practice
cases throughout the United States.
Next, it is important to understand what the NLRB does and does not have jurisdiction over. The NLRB does not have jurisdiction
over 6 types of labors: (1) governmental employees, (2) persons covered by the Railway Act, (3) independent contractors, (4)
agricultural laborers, (5) household/domestic workers, and (6) employees who work for their spouse or parents (Reed, 631).
Technically the NLRB has jurisdiction over everything else; however, the NLRB has a limited budget as well as time constraints and
so must limit
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Labor Relation In The Workplace
Introduction
The age of "technology" has changed communication in both our personal and professional lives with the advent of social media.
Facebook, Linkedin, Twitter, and others have global connections to the external world. The readiness of I–pads, laptops and smart
phones has provided both the individual and organizations alike to have instantaneous engagement to a broad and large audience over
one or all of the social media networks. The relationship between the employee and the organization can be tested if company social
media policies are to broad or restrict the employee's rights under the labor laws protected by the National Labor Relation Act
(NLRA) under Section 7 and Section 8. On the other hand, the organization is seeking ... Show more content on Helpwriting.net ...
AMR, to answer and discuss the questions posed of how one may represent the company in this case, one must ask, if I were the
company representative and the regional director for the NLRB asked "If the company would settle the union's charges voluntarily, or
if they company would legally insist on pursuing the company's right for a formal NLRB hearing of the charges", how would I
respond? As the company representative I would recommend that the company should voluntarily settle with the union to address the
matter, due to the ambiguous or broad SMP that infringe or interfere with Souza's rights under Section 7 and Section 8 of the
National Labor Relation Act. Further, the AMR supervisor's refusal to allow Souza her rights under the collective bargaining
agreement, to allow opportunity to meet with her local union representative and that they be present to help with her incident report
which is found to be unfair labor practice under the Act, (NLRA) was not in good
... Get more on HelpWriting.net ...

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Campaign Tactics Against Union Meetings

  • 1. Campaign Tactics Against Union Meetings Employees now had the right to strike, and the employer's retaliatory powers were limited under the act's unfair labor practice provisions. By legislating the recognition of employee representatives and protecting the right to strike, NLRB forced the employer to share the decision–making power with employees. Employers can't decide Labor no longer depended on work stoppages to get to the bargaining table or on economic factors to determine its equality. (Carrell, 2010) Therefore, employers can't change any agreement decision without negotiation with union representatives. In addition, the employers can't obstruct union elections, because NLRB conducts elections to determine employee representatives of appropriate unit. The NLRB has guidelines ... Show more content on Helpwriting.net ... Passage of the act secured three main objectives of the labor movement: wages adequate to maintain a decent standard of living, shorter hours, and the abolition of labor by children younger than age 16. The NLRA provided powerful support to give unions the time and ability to grow strong. However, frequent strikes pressure NLRB to take actions prevent unfair labor practices charges, redefine appropriate bargaining units and limit strikes. At the same time, the NLRB was also required to weaken its powers. Having considered the political influence of NLRB, NLRB also plays a significant role. On the one hand, NLRB needs political support to implement its new act or strategy. On the other hand, NLRB represents a great political power. For example, during the 2008 presidential race Senator John McCain opposed the EFCA, while Senator Barack Obama pledged his support of the EFCA and thus gained substantial union support. Thus far, however, President Obama has not put forth the EFCA during his administration. The bill is the top legislative priority of organized labor. (Carrell, ... Get more on HelpWriting.net ...
  • 2. First Central Bank Case First Central Bank Case Part I: River City was a community of approximately 210,000 people and, because of the influence of the International Metalworkers Union (IMU), had been considered a "union town" by most everyone. The IMU was heavily involved with organizing many of the firms and institutions in the area and was active in local politics. They had represented the workers at the large auto parts plant since the 1930's. Another of the institutions that the IMU had been able to unionize was one of the town's smaller banks. It had organized the bank's maintenance workers. The IMU was now trying to organize First Central Bank, the area's largest and oldest commercial bank. As a result of recent growth, First Central had expanded to ... Show more content on Helpwriting.net ... It did this by: (1) banning certain unfair labor practices, (2) providing for secret–ballot elections and majority rule for determining whether a firm's employees were to unionize; and (3) creating the National Labor Relations Board (NLRB) for enforcing these two provisions. The Taft–Hartley Act (Labor ––Management Relations Act) was passed in 1947. This act prohibited union unfair labor practices and lists the rights of employees as union members and rights of employers. The First Amendment permits both employers and employees to exercise free speech by electioneering during union organization. As the study guide states, statute and case law have defined a series of unfair practices that employers and unions may not engage in during electioneering for a union certification election. Some unfair employer labor practices include 1) interference with union organizing efforts, 2) interference with employees' efforts for mutual aid, 3) tion of a labor organization, 4) support for a labor organization, 5) discrimination on the basis of participation in union activities, 6) discrimination due to employees' exercise of legal rights, and 7) refusing to bargain or refusing to bargain in good faith. Some unfair union labor practices include 1) restraint or coercion of employees or union members, 2) refusing to bargain or refusing to bargain in good faith, 3) strike–related conduct that may be illegal, 4) excessive dues, 5) featherbedding, and 6) coercion of employees to ... Get more on HelpWriting.net ...
  • 3. Human Resources Questions Essay 1. The piecework system is more likely to succeed when all of the following are true except: a. units of output can be easily measured. b. the quality of the product is critical. c. the job is fairly standardized. d. a constant flow of work can be maintained. Answer: __b___ 2. States are permitted to enact legislation prohibiting compulsory union membership as a condition of employment under: a. Wagner Act b. Railway Labor Act c. Taft–Hartley Act d. Landrum–Griffin Act Answer: __c___ 3. The requirements for federal contractors to take steps to ensure a drug–free workplace is found in: a. the Occupational Safety and Health Act. b. the Drug– Free Workplace Act. c. Executive Order 11246. d. the ... Show more content on Helpwriting.net ... Will the assignment afford me the opportunity to learn a new language? c. How many executives within my organization have a foreign–service assignment in their background? d. How long will the assignment last? Answer: __c___ 17. In a peer–review board, employee representatives are: a. appointed by the union b. appointed by management c. elected by co–workers d. selected by the complainant Answer: __c___ 18. Employers may _____ their workforce to help them identify the most valuable contributors. a. segment b. reorganize c. educate d. overhaul Answer: __a___ 19. Compensation specialists recognize all the following generations of employees except: a. Generation X b. Generation Y c. Boomers d. Synthesizers Answer: __d___ 20. Union membership today is: a. on the rise. b. stable. c. on the decline d. fluctuating depending on the political makeup of Congress. Answer: __c___ 21. The best method to capitalize on the benefits of video display terminals while safeguarding employee health is: a. placing the computer monitor to the side of the desk. b. placing the computer screen 4 to 9 inches below eye level. c. placing the computer screen 12 inches above eye level. d. adjusting the brightness and contrast controls on the screen to be as high as possible. Answer: __b___ 22. Which of the following is not true? a. carpal tunnel syndrome is a reportable case and must ... Get more on HelpWriting.net ...
  • 4. Mandatory Bargaining Definition According to Labor Relations (1958) mandatory subject of bargaining is noted by the Supreme Court that the area of mandatory collective bargaining includes subjects relating to wages, hours, and other terms and conditions of employment. Other subjects such as overtime pay, shift differentials, holiday pay, pensions, profit sharing plans, rental of company houses, grievance procedures, sick leave, work–rules, seniority and promotion, compulsory retirement age, health care benefits, and management rights clauses are examples of mandatory subjects of bargaining. The parties can insist on the adoption of their position on a subject within the mandatory bargaining area as a condition to acceptance of a union contract. Certain terms and conditions ... Show more content on Helpwriting.net ... The duty is to bargain, not necessarily to reach agreement. However, an employer cannot make changes in mandatory subjects for bargaining without first providing the union with an opportunity to bargain.Issues that have become mandatory subjects for bargaining have been evolving since the NLRA was passed. The US Supreme Court has identified two criteria for determining whether or not an issue represents a mandatory subject for bargaining: 1. Whether it is "plainly germane to the 'working environment'": and 2. "Not among those 'managerial decisions which lie at the core of entrepreneurial control." The National Labor Relations Board (NLRB) as well as the federal courts have substantial discretion in determining whether or not a particular issue constitutes a mandatory subject for bargaining (Petersen & Boller, ... Get more on HelpWriting.net ...
  • 5. Labor Relations Labor Relations Grand Canyon University: HLT–520 James Webb September 23, 2015 The National Labor Relations Act (NLRA) started in July 1935 to protect the rights of employees, rather, they be union or nor–union employees (Pozgar, 2012). The employees are protected under the Act or may employ in bubble–like, rigorous goings–on in situations other than the customary union organizations and cooperative bargaining. The National Labor Relations Board regulates the employers from interfering with the rights of the employees to implement or organize and join with a groups that offers assists with collective bargaining purposes like organization union or joining one (Pozgar, 2012). The employer may not restrain, coerce or stop employees ... Show more content on Helpwriting.net ... Since employees are continually more progressive and aware of their legal rights and privileges, it is critical for all employers to exercise caution when their employees occupy performance that could be observed as strenuous activity. Patient's rights come into play during a strike and the patients care is sure to suffer regardless of what is promise by the hospital administration. Failure to provide adequate healthcare services to a patient would be a breach in the provisions and would affect the rights of the patient's compensations and cause damage to their health (Allabaugh, 2013). Hospital can hire outside agency to cover for the staff that is on strike like nurses. Factors that come into play with hiring outside agency is that the hospital may end up paying more for the replacement and may cause a series of events like low mortality among staff and patients (Allabaugh, 2013). Another factor is with treatment intensity and lower quality of care for patients and hospital readmission causing a decrease in hospital productivity (Allabaugh, 2013). In hiring from outside agency may not be beneficial because it would like hiring a substitute teacher, they only do the minimum duties because they are not fully trained. Patients that need intensive care are more than likely to decline in health do to the substitute not know how to care for the patient. Nurses ... Get more on HelpWriting.net ...
  • 6. Research Paper On College Athletes Many Colleges have won big sports competitions and got a lot of revenue from winning those competitions. March Madness – with, biggest college tournament in the country. If you win March Madness you win a bundle of money and because you're in it you produce money from tv rights, talking billions of dollars. These players make the college they play for a lot of money. College players putting in all their heart to win while still studying and focusing on their education, the players not sleeping some nights to study. Should they get paid? College athletes should get paid because colleges make high revenue from sports, they put in all their heart in it and still focus on their education, and lastly how they treat their players are ... Show more content on Helpwriting.net ... According to USA Today Sports "including $547.1 million distributed to Division I schools and conferences." This quote shows how much was distributed to top schools, a large extent of valuable dollar bills. Also, in the past couple of years the NCAA has gotten more popular so that number has increased indefinitely by at least a couple million. Ticket sales is an another component of the making money industry in college athletics. For example, according to ESPN the Longhorns made 44 million american dollars from ticket sales. The money just keeps on stacking up like stacking up a wedding cake with smaller cakes. Frowning players should get these profits because the players contribute to making the college those profits. The NCAA and college schools make a vast bulk of revenue from athletics. Secondly, college athletes have to still focus on education still while playing basketball for the college and winning the school championship. Yawning college players sometimes don't even sleep sometimes because they have to focus on their education too. With all this to focus on this could be real difficult for them to play and still get good grades. "Student–athletes put in long hours and travel extensively to be part of high–profile sports teams. The University of Chicago study notes that growing demand for larger tournaments and more televised games means more travel for all teams involved, as well as more games played on weeknights during the school year. ... Get more on HelpWriting.net ...
  • 7. Small Businesses Are Essential For The Fabric Of The... Small businesses are essential to the fabric of the American economy. Specifically the franchise model offers an easy way for an entrepreneur to attain success in the increasingly difficult and murky economical landscape. The U.S. Census Bureau estimates that over 13% of the total American workforce is compromised of franchisee employees. That equates to roughly 7.9 million workers. And while many have found unbound success within the realms of franchising, there are risks specific to undertaking such an expenditure. Aside from a high failure rate amount some franchises, the threat of litigation, like the threat that faces most business owners is a sizeable one. In August of 2015, the National Labor Relations Board released it's long awaited decision regarding joint employement in connecting to the Browning–Ferris Industries of Pennsylvania, Inc. issue. In an unprecedented move, one that overturned their previous decisions and threatens to upend the basis of franchisor/fanchisee relationships the board decided that in order to find that two or more entities are joint employers of a single workforce they must (1) both be employers within the meaning of the common law; and (2) they must share or codetermine those matters governing the essential terms and conditions of employment. In evaluating whether an employer possesses sufficient control over employees to qualify as a joint employer, the Board will – among other factors –– consider whether an employer has exercised ... Get more on HelpWriting.net ...
  • 8. National Labor Relations Board (NLRB) The National Labor Relations Board (NLRB) is an independent federal agency provided with the power to preserve the rights employees' have to organize and to remedy violations if so called for. In addition, the agency was tasked with the prevention of unfair labor practices committed by private sector employers and unions. The National Industrial Recovery Act initiated the NLRB, which protected joint bargaining rights for unions. President Franklin D. Roosevelt later established the National Labor Board that initiated 20 regional boards that handled the massive caseload, that later proved ineffective. Congress, soon after, stepped in and passed a public resolution that empowered the president to choose a labor board that had the authorization ... Show more content on Helpwriting.net ... The board consists of five members, who act as a quasi–judicial body that make decisions based upon cases of unfair labor. The board is compromised of more than thirty regional offices that conduct elections, investigate charges, and establish whether to dismiss, settle, or issue complaints. The jurisdiction of the counsel's power is responsible for investigating and prosecuting claims that suggest practices of unfair labor. The Counsel is also found to be independent of the Board but once the Board has made a decision it becomes the General Counsel's duty to sustain the decisions of the Board, even if the Counsel advocated towards the opposite position. The National Labor Relations Board focuses on employees of the private sector and the postal service. Other than these two jurisdictions the board has no authority over airline, agricultural, governmental, or railroad employees. To be able to process charges, parties must first file against the employer or the union with a regional office who will then examine the complaint. If the complaint proves valid it is then taken before an Administrative Law Judge who will carry out a hearing. Both parties must prepare their arguments and present their ... Get more on HelpWriting.net ...
  • 9. The National Labor Relations Board Essay Abstract The recent decision made by the National Labor Relations Board granted collective bargaining rights to graduate student workers and researchers. The focus on the decision was primarily based on the wording or a statutory employee as defined in Section (2)3 of the National Labor Relations Act and ultimately the reversal of the 2004 Brown University decision against the groups legitimate reasoning and desire to unionize. University administrators were against student worker unionization and cited that academy freedom would be encroached on as well as a deteriorated student–faculty relationship. Proponents to the decision cite poor wages, limited access to healthcare and respect as well as empirical evidence discrediting administrator's claims as making unionization the most viable option. Support for the decision of Case 02–RC–143012, The Trustees of Columbia University in the City of New York and Graduate Workers of Columbia– GWC, UAW The National Labor Relations Board (the Board) has had authority over non–profit, private universities for over forty–five years and on numerous occasions applied remedy to cases involving university faculty. Historically, this type of recognition has been afforded only to faculty, the ability to collectively bargain had not been granted to its graduate student workers and researchers but their desire to unionization is not a new concept (Board: Student Assistants Covered by the NLRA, 2016). Graduate students at public universities ... Get more on HelpWriting.net ...
  • 10. Case Study : Walmart Shut 5 Stores Over Labor Activism Aimee Picchi, Union: Walmart Shut 5 Stores Over Labor Activism, CBS NEWS (Apr. 20, 2015), http://www.cbsnews.com/news/union–walmart–shut–5–stores–over–labor–activism/. Beth Ethier, Accused of Retaliating Against Workers, Walmart Says It Closed Stores Over Plumbing Problems, SLATE (Apr. 20, 2015), http://www.slate.com/blogs/the_slatest/2015/04/20/walmart_accused_of_closing_stores_to_punish_activist_workers_union_files.html. Picchi, supra note 1. Steven Greenhouse, Walmart Illegally Punished Workers, Judge Rules, N.Y. Times (Dec. 10, 2014), http://www.nytimes.com/2014/12/11/business/walmart–illegally–punished–workers–judge–rules.html?_r=0. See KENNETH DAU– SCHMIDT ET AL., LABOR LAW IN THE CONTEMPORARY WORKPLACE (2nd ed., Labor Law Group 2014). Nancy Schiffer, Associate Gen. Counsel AFL–CIO, Address at the ABA Section of the Labor & Employment Law CLE Conference in Denver CO.: Rights Without Remedies: The Failure of National Labor Relations Act (Sept. 10, 2008). UNITED STATES NATIONAL LABOR RELATIONS BOARD, LEGISLATIVE HISTORY OF THE NATIONAL LABOR RELATIONS ACT, 1935 (1959). Id. Schiffer, supra note 6. Michael Rose, Democrats Roll Out Labor Law Overhaul Bill, BNA Daily Labor Report No. 179 (Sept. 16, 2015). Id. Henry H. Drummonds, Reforming Labor Law by Reforming Labor Law Preemption Doctrine to Allow the States to Make More Labor Relations Policy, LA. L. REV. 79, 112–15 (2009). National Labor Relations Act, 29 U.S.C §§ 151–162 (1935). The NLRA's ... Get more on HelpWriting.net ...
  • 11. Employee Rights Protected From Employer Discrimination According to Walsh (2013) it is acknowledged that, employee rights protected from employer discrimination in Section 7 of the NLRA included the right to form or join a union, bargain collectively, or engage in other concerted activity for mutual aid and protection. Furthermore, the U.S. Constitution permits Congress whose operations have the capability to vitally affect interstate commerce. Therefore, since Drake and Keeler's employer meets the criterion for coverage under the LMRA by engaging in interstate commerce, thus, the particular employee right protected by section 7 of the LMRA is that they have been wrongfully discharged because of their protected, concerted activities. As stated by the National Labor Relations Board (n.d.) ... Show more content on Helpwriting.net ... Essentially, Drake and Keeler both had openly stated that it was way too cold and the air was quite drafty at their workstations near the open overhead door however, the supervisor refused and was not willing to close the overhead door because the majority of the other employees wanted to leave it open. Therefore, Drake and Keeler discussed their problem and acted in a concerted manner and walked off the job for the remainder of the day to contend the cold temperature at their workstations. This action fully discussed with their supervisor in hopes some action would have been taken to remedy the situation in regards to their working conditions and is thereby protected by Section 7. Furthermore, Sec. 8. [§ 158.] (a) acknowledges that, It is an unfair labor practice for an employer to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 7 [section 157]. All the more this section of the LMRA precisely prohibits the discharge, constructive discharge, suspension, layoff, fail to recall from layoff, demote, discipline, or take any adverse action against the employee because of their protected concerted activities. Since the action of Drake and Keeler is a protected concerted activity, it is protected under Section 7 and the action of the employer is prohibited under Section 8. Section 7 of NLRA assures the employees the rights and Section 8 makes the ... Get more on HelpWriting.net ...
  • 12. National Labor Relations Board (Nlb) NLRB (National Labor Relations Board) requirements – The National Labor Relations Board is put in place to implement and managing the National Labor Relations Act (Pozgar, 2015). This purpose of the act is to direct the labor–management affairs of business firms that employ in interstate trade (Pozgar, 2015). So for example, in the introduction of chapter 20 we read that supervisors are harassing employees regarding in participating and voting in union meetings (Pozgar, 2015). As health care administrators and human resources directors, we must adhere to the laws that govern businesses (Pozgar, 2015). If I were the health care administrator or HR manager, I would have had put a stop to the harassing, if not prevented it, of the medical staff, ... Get more on HelpWriting.net ...
  • 13. Davis Supermarkets Inc vs. National Labor Relations Board:... Case Review: Davis Supermarkets, Inc. v. National Labor Relations Board 2 F.3d 1162 (DC. Cir. 1993) Facts: In Davis Supermarkets, Inc. v. National Labor Relations Board 2 F.3d 1162 (DC. Cir. 1993), the Court was asked to decide a dispute between an employer (Davis) and the National Labor Relations Board (NLRB). The NLRB had found that Davis committed unfair labor practices, which Davis disputed. A union (Local 23) was attempting to organize a local at Davis. Several employees signed authorization cards for the union. Six of those employees were terminated in a mass layoff that impacted eight employees. Davis then fired or constructively fired three more employees who had filed authorization cards. Davis's chairman of the board then informed employees that he wanted them to sign authorizations with the Steelworkers, a competing union. However, Davis maintained that the employees were terminated for cause, not because they signed authorization cards for Local 23. Issues: Does the NLRB have to show that an employer knew of union activity of all employees targeted in a mass layoff to show that the mass layoff was conducted to discourage unionization? What does the Court consider when determining whether terminations were prohibited anti–union activity? Reasoning: The National Labor Relations Acts (NLRA) protects employees' rights to organize for the purposes of collective bargaining. Under the NLRA, employees have the right to "organize a union to negotiate with your ... Get more on HelpWriting.net ...
  • 14. Hrm/531 Week 2 Individual Assignment 1) Based on this research and analysis, how did your perspectives change, if any? Explain your rationale whether your views changed or remained the same. I have worked in both union and nonunion workplaces and found the survey questioning my beliefs about unions. I do feel that workers are far better off in this country due to union efforts of the past. Noted in the text, "The United states has legislation governing wages and hours, equal employment opportunity (EEO), family and medical leave, pensions, mergers, Social Security, and health and safety" (Bernardin & Russell, 2013, p. 326). I decided to research three questions on the survey concerning wages and pay–for–performance in which I either disagreed with or was undecided in my response. Question #14 states, "Union workers are less satisfied with their wages and benefits than are nonunion workers" (Bernardin & Russell, 2013, p. 646) for which I strongly disagreed. Noted in the Monthly Labor Review, "Recent data ... Show more content on Helpwriting.net ... Read the case titled, "Organizing a Union." Write the following letters: 2) Letter #1: You will assume the role of union organizer and write a letter that argues his position in this case. Fellow American Rental Car Employees, As your union organizer, I wish to dispel some of the inaccurate information you have been receiving concerning union representation. I want to provide you with facts that will help you decide if you would like to be represented by a union. A recent article in a leading human resource management textbook noted, "Workers dissatisfaction with their jobs and, in particular dissatisfaction with their wages, benefits, and supervision are most related to the tendency to vote for a union" (Bernardin & Russell, 2013, p. 327). These are the exact reasons we want to form a union here at ARC to represent our interests as ... Get more on HelpWriting.net ...
  • 15. The Pros And Cons Of Labor Relations In the U.S. labor relations, a group of employees who desire to bargain collectively rather than individually, are those who typically form a union (Dooley, 1957). This demonstrates to the employer that the majority of its employees support the union and the organizing process begins. First, employees cannot form a union without abiding by certain basic procedural steps and legal standards that are required. Decisions to vote against or for a union are based on factors such as satisfaction with their job, beliefs of the effectiveness of the union, and the culture or social environment in which the employee works. Next, when an employer exerts undue punishment to an employee who the employer suspects as being an illegal alien, this may be poor public policy. From a legal perspective, a recent federal court case, Singh v. Jutla & C.D. & R. Oil, Inc., 214 F. Supp. 2d 1056 (N.D. Cal. 2002) spoke to this issue. In this case, when the plaintiff Singh filed a wage claim under the Fair Labor Standards Act (FLSA), the employer fired him and reported him to INS as an illegal alien (Labor Law, 1969). Likewise, the union certification process which was established by the National Labor Relations Act (NLRA) in 1935 was a victory for workers waning union representation upon its initial implementation. Workers could petition the National Labor Relations Board (NLRB) for a determination made democratically of whether a majority of workers favored unionization (Labor Law, 1969). This effort ... Get more on HelpWriting.net ...
  • 16. The Role Of The National Labor Relations Act The National Labor Relations Board (NLRB) is a federal government agency, founded by Congress in 1935 (Galiatsos, 2015). The primary responsibility of the NLRB is to administer the National Labor Relations Act (NLRA). However, the NLRB takes action to safeguard employees' right to organize, and to decide whether to have unions serve as their bargaining representative, with their employer (Galiatsos, 2015). The agency also acts to prevent and remedy unfair labor practices that are committed by private sector employers and unions. The NLRB protects the rights of most private–sector employees to join together, with or without a union, to improve their wages and working conditions (Galiatsos, 2015). The Labor Management Relations Act ... Show more content on Helpwriting.net ... 2087). Therefore, Drake and Keeler are deemed to have acted in a concerted manner, and walked off the job for the remainder of the day, in order to demonstrate or protest the poor working environment, due to the cold weather at the workplace. As such, this action was considered to bargain an issue that was linked to their working conditions; hence, is protected by Section 7. Furthermore, Section 8 of the LMRA, stipulates that it is an unfair labor practice by the employer; for an employer to interfere with, restrain, or force employees in the exercise of the rights, guaranteed in section 157 (Galiatsos, 2015). Thus, Section 8 specifically disallows the discharge, constructive discharge, layoff, suspension and failure to recall from layoff, demote, discipline, or take any adverse action against the employee, due to their concerted activities. Concerted activities can be viewed as protection available ... Get more on HelpWriting.net ...
  • 17. Nlrb On Behalf Of Mrs. Dawnmarie Vs. American Medical... Case Title : NLRB on behalf of Mrs. Dawnmarie vs. American Medical Response of Connecticut Company Case number: 34–CA– 012576 Date Opened: 01/19/2010 Status: closed Presentation of the Case The case filed by NLRB was between the American Medical Response of Connecticut in New Haven and one of their employees called Mrs. Dawnmarie. Upon verbal disagreement with her supervisor, Mrs. Dawnmarie posted a negative remark on her private facebook wall about the supervisor. The remark attracted comments from her staff mates. On reporting to work the following day, she was suspended and later fired. The company argued that her act was a violation of their internet policy by criticizing her overseer online. The Hartford NLRB office filed a complaint of unlawful dismissal of Mrs. Dawnmarie stating that the party was involved in protected concerted activity on Facebook at the time when she criticized her senior. In addition, NLRB identified several unlawful provisions within the company's manual of conduct. However, before hearing, the company opted for an out of court settlement with Mrs. Dawnmarie besides revising their unlawful provisions in their handbook. Rationale of the NLRB Decision I agree with NLRB's decision since Dawnmarie's activity can be classified as a concerted activity. Reflectively, a concerted activity is that which involves an employee expressing views t other employees with the intention of either criticizing or suggesting an alternative response to ... Get more on HelpWriting.net ...
  • 18. The Law Of The United States For example, creating the precedent in Republic Steel that requires an employee fired in violation of the NLRA to find another similar job as soon as possible to mitigate damages or risk the being awarded back pay or the legally unsupported Brown University case, decided by one of the most conservative Boards in recent history, held, "as a matter of policy," that graduate student workers were students and, and, therefore, could not be employees as defined by the NLRA. Republic Steel, Dannin, supra note 44 at 260–63. Id. See Consol. Edison Co. v. NLRB, 305 U.S. 197, 220 (1938) (holding that the power of the Board to punish an employer who violates the NLRA is "remedial, not punitive."); Republic Steel Corp. v. NLRB, 311 U.S. 7, 10 ... Show more content on Helpwriting.net ... Morris ed. 1987) ("the NLRB has not only failed to prevent unfair labor practices, but has actually encouraged their commission because its processes and remedies are so ineffective."); Martha S. West, The Case Against Reinstatement in Wrongful Discharge, 1988 U. ILL L. REV. 1 25–29, 64 (1988) (finding that the current remedies available to the NLRB are ineffective in preventing employers from committing unfair labor practices); Robert M Worster III, Casenote: If It's Hardly Worth Doing, It's Hardly Worth Doing Right: How the NLRA's Goals Are Defeated Through Inadequate Remedies, 38, U. RICH. L. REV. 1073, 1083 (2004) (" [l]abor law is so weak that companies often treat the minor penalties as a routine cost of doing business, not a deterrent against violations."). Henry S. Drummonds, Reforming Labor Law by Reforming Labor Law Preemption Doctrine to Allow the States to Make More Labor Relations Policy, 70 LA. L. REV. 97, 120 (2009). "It shall be an unfair labor practice for an employer . . . by discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization." National Labor Relations Act § 160. Morris M. Kleiner & David Weil, Evaluating the Effectiveness of National Labor Relations Act Remedies: Analysis and Comparison with other Workplace Penalty Policies, in RESEARCH HANDBOOK ON THE ECONOMICS ... Get more on HelpWriting.net ...
  • 19. The Representative Free Decision Act As per distributed media reports, work pioneers, including authorities at the AFL–CIO, Change to Win organization, and others, are making entry of the Representative Free Decision Act ("EFCA") their top administrative need in the new 111th Congress set to start in January 2009. In its present structure, EFCA would adjust the National Work Relations Act ("NLRA") to: (1) Require the National Work Relations Board ("NLRB") guarantee a union based upon a dominant part card check (rather than ensuring a union strictly when it gets a lion 's share of worker votes in a mystery poll decision); (2) Permit either gathering to demand required tying mediation of a first contract if no assention is come to inside around 120 days of confirmation of ... Show more content on Helpwriting.net ... Supporters of EFCA are naturally hopeful about the charge 's prospects for being marked into law amid the 111th Congress given the race of President–Choose Obama and the Law based Gathering increases in the House and the Senate in the November 2008 race. EFCA 's key components are portrayed in more detail beneath. I. Confirmation Taking into account Greater part Card Check EFCA would revise Area 9(c) of the NLRA to require that, where a worker 's party documents a representation appeal, the NLRB must ensure the union as the restrictive dealing illustrative of the representatives gave two conditions are met: (1) that the requested of for bartering unit is a proper unit, and (2) that a lion 's share of representatives in that haggling unit have communicated their inclination in composing that the union speak to them. This outflow of hobby is generally shown through marked approval cards. Right now, under the NLRA, a business need not perceive a union in view of marked approval cards however can, rather, withhold acknowledgment unless and until the union gets a greater part of votes cast in a mystery poll race led by the NLRB. Under EFCA, a business would not be approved to require a mystery tally decision among the haggling unit workers, if the worker 's party has asked for confirmation taking into account a card check. Under EFCA, a union would require just to acquire marked ... Get more on HelpWriting.net ...
  • 20. National Labor Relations Board (NLB): A Case Study The NLRB, National Labor Relations Board, is an independent federal agency that guarantees workers to be able to join groups and to act in group efforts in order to improve their wages and working conditions (Bernardin & Russell, 2013). The NLRB is also used for preventing and correcting unfair labor laws and whether workers choose to be represented and by who (Bernardin & Russell, 2013). Whether you, as an employee, are in a union or not, you have the right to join with or without your co–workers to address and try to fix any issues you have at work (National Labor Relations Board, n.d.). It appears that the Trump Administration and Board are wanting to make sure that these laws are definite and abided by. Under the Obama Administration they ... Get more on HelpWriting.net ...
  • 21. Parexel Case Comparison Paper Introduction While social media platforms present avenues for the freedom of expression, the rules or regulations that guide the privilege may sometimes be curtailed or applied wrongly. Employees and organizations are facing the dilemma on what to post or not to post on these platforms. An employee may decide to air something through these public arenas without the knowledge that their actions may surpass their rights and thus infringe on others' rights or cause damages to other people (Boyce, 2014). On the other hand, an organization may control the communication of employees on social media platforms to the extent that it violates their rights and privileges. It is in this respect that this paper explores the Facebook and Praxel cases as they are related to these matters. Comparison and Contrast between the Two Situations The Facebook and Parexel cases provide differences in the way that protected concerted activities are applicable under the National Labor Act. For instance, in the Facebook case, American Medical Response Company dismissed an employee of her duty for posting derogatory comments about her supervisor via Facebook. According to the labor board, the company illegally terminated Souza and denied her access to union ... Show more content on Helpwriting.net ... A Parexel International employee was discharged from her duty after she raised complaints that other employees pay was much more the those doing the same job that she delivers. The dismissed employee filed an unfair labor practice charge with a regional NLRB office alleging that her discharge was a mere retaliation for exercising her rights within Section 7 (Obermayer Rebmann Maxwell Hippel LLP, 2011). However, her concerted activities were not protected since there was no proof that her complaints had mutual aid or benefits with her workers. Thus, while Parexel engaged in illegality, the employee did not act for the benefit of other fellow ... Get more on HelpWriting.net ...
  • 22. Essay on National Labor Relations Act History The National Labor Relations Act (NLRA), also known as the Wagner Act, was enacted in Congress in 1935 and became one of the most important legacies of the New Deal. Prior to the passage of the NLRA, employers had been free to spy on, interrogate, discipline, discharge, and blacklist union members. Reversing years of federal opposition, the statute guaranteed the right of employees to organize labor unions, to engage in collective bargaining, and to take part in strikes. The act also created a National Labor Relations Board (NLRB) to arbitrate deadlocked labor–management disputes, guarantee democratic union elections, and penalize unfair labor practices by employers. The law applied to all employees involved in the interstate ... Show more content on Helpwriting.net ... More commonly, the union will obtain authorization cards from 30% of the employees of a company. At this stage the union can now petition the National Labor Relations Board to have an election. For a union to be organized the employees must represent an appropriate bargaining unit. The appropriate bargaining unit must have a mutuality of interest among the workers. This interest is determined by job duties, job similarity, skill levels, work site proximity and no management employees. Once these criteria are met an election occurs to determine if employees want to unionize. The National Labor Relations Board oversees the election to make sure that a true secret vote is secured. If a majority of employees, which is one vote over 50%, agree to join the union then the NLRB certifies the union as the bargaining representative. Management's Responsibilities Members of management of a company whose employees are attempting to organize cannot, by law, join a union. Once preliminary organizing begins and during the election campaign, employers have certain rights and responsibilities, as mandated by the NLRB. The employer may lawfully limit campaign activities that occur on company property, if it has a legitimate reason to do so. Employers may also limit places where solicitation may occur, limit time during which solicitation may take place, and limit access to the workplace by any outsider. Employers may limit distribution of union ... Get more on HelpWriting.net ...
  • 23. Context Of Silkwood V. Kerr Mcgee Nuclear Corp Introduction The 1983 film Silkwood, was inspired by Karen Silkwood of the monumental Silkwood v. Kerr–McGee Nuclear Corp. (81–2159) whistleblowing case. Silkwood, a union activist and whistleblower who worked at the Cimarron, Oklahoma Kerr–McGee Nuclear Fuel Processing facility from August, 1972 through November 1974. While the activist was investigating alleged wrongdoing, specifically plutonium contaminations on her body and throughout her house, she was killed in a suspicious auto accident. The case portrayed in film shows implications for modern whistleblowers, set a precedent and was essential in creating proper protections for whistleblowers. This paper will analyze the context of Silkwood v. Kerr–McGee Nuclear Corp. in modern day whistleblowing. Silkwood v. Kerr–McGee (1979) After the discovery of plutonium contamination on Karen Silkwood's body and in the house she shared with co–workers, Silkwood died in a mysterious auto accident. Her father, who was her estate administrator, then filed suit against Kerr–McGee Nuclear Corporation for personal injury, mental distress, and property damage. The Silkwood v. Kerr–McGee case raised new questions about safety of workers in the nuclear industry. At the plant where Silkwood worked, employees worked with plutonium, which presents a high risk of serious health complications on the internal organs, tissues, and bone, especially if the element is inhaled or has any sort of internal contact. Silkwood was a laboratory analyst ... Get more on HelpWriting.net ...
  • 24. Murphy Oil USA, Incorporated V. National Labor Relations... While labor relation laws have provided legal stability for employers and employees to exercise and pursue their respective rights and interests, not all conflicts and disputes are resolved based on precedence of law. The National Labor Relations Board (NLRB) enforces the right of employees to engage in concerted activities for mutual aid or protection and takes the position that class and collective action waivers in employment and other agreements are unlawful. Although the National Labor Relations Act (NLRA) provides employees certain rights, some labor relation issues decided by the NLRB have been challenged in some cases and supported in others by the Supreme Court and the United States Courts of Appeals. Murphy Oil USA, Incorporated v. National Labor Relations Board addresses arbitration agreements that bar employees from concerted activities in any forum are within the parameters of being considered an unfair labor practice. Lavin and DiMichele (2017) mentions that five circuits challenged the subject of whether class waivers are enforceable with three circuits holding that they must be enforced and two deciding that enforcement ... Show more content on Helpwriting.net ... Horton v. NLRB, Murphy Oil revised its arbitration agreement in March 2012 however; the revision did not apply to the employees involved in the Alabama lawsuit due to their employment status occurring prior to March 2012. A petition to review Board's decision in D.R. Horton made its way to the Fifth Circuit Court and in its decision, the court rejected the Board's analysis of arbitration agreements contending that NLSA statutes do not override the Federal Arbitration Act (FAA). The FAA codifies the federal policy of enforcing arbitration agreements behooving any party preparing to enter into a contractual relationship to ensure that a dispute resolution clause of the contract is clear and explicit. This holding meant that D.R. Horton did not engage in unfair labor practices hindering concerted ... Get more on HelpWriting.net ...
  • 25. Summary: The Three Laws That Support Collective Bargaining The Three Laws that Support Collective Bargaining Labor Laws help protect the workers 'union activity by helping to define those roles of employees and management. "The major process in today's U.S. labor relations system–organizing new unions, bargaining contracts, and resolving disputes and grievances– are not entirely legal in nature, but labor law has defined important aspects of these processes" (Budd, 2013, p. 109) This leads us to look more in–depth at three U.S laws that support the effort of collective bargaining. We will peer into the Wagner Act, as well as the Taft–Hartley Act and finally glance into the Family and Medical Leave Act. The Wagner Act also known as the National Labor Relations Act was signed into law July 5th, 1935. ... Show more content on Helpwriting.net ... The three articles that were related and tied to these laws and unfair labor practices expressed these examples. When reviewing the Wagner Act the article I found addressed the unfair labor practices of refusal to bargain with a certified union. The article discusses the reasons that the teachers' union filed an unfair labor practice charge with the Vermont Labor Relations Board. One of which centered on the Wagner Acts example of employer unfair labor practices by placing conditions on bargaining that prevented the possibility of reaching a settlement. The article that represents unfair labor practices regarding the Taft–Hartley Act concentrated on the unfair labor practices from a union perspective. Its focus was on the use of teacher union strikes within the state of Washington and shows the underlining loopholes with Washington state law versus adaptation of the Taft–Hartley Act for teachers. This article speaks to the reason that penalties or other ramifications are needed to curtail this unfair labor practice. Finally, the last article embodied another unfair labor practice by union activity. With the FMLA it states specific requirements for qualification. When a union tries to get an employer to pay for work not performed or "featherbedding" this action can result in an unfair labor practice. The documentation reference for this clearly defines the stipulations for teachers utilizing FMLA ... Get more on HelpWriting.net ...
  • 26. The Wagner Act Essays In 1934, the Wagner Act was first introduced, also called the National Labor Relations Act (NLRB), it promised "to ensure a wise distribution of wealth between management and labor, to maintain a full flow of purchasing power, and to prevent recurrent depressions." (Babson, p. 85) During the mid–1930's organized labor and the United States Government struck a deal. It was the time of Franklin D. Roosevelt. A volatile time, the country was attempting to recover from a depression, unemployment was at an all–time high and organized labor was struggling for its own existence. "Vast numbers of the unemployed are right on the edge," observed Lorent Hickock, a Pennsylvania reporter hired by the federal government to report on social ... Show more content on Helpwriting.net ... With no relief in sight, society had nothing to lose and everything to gain by fighting back. Workers saw that businesses and businessmen continued to get rich and mover further ahead in life, while the working class began to fall further down the economic ladder with little or no hope of advancement within society. The solidarity amongst the unemployed is a key factor which cannot be ignored by historians and scholars, and that impetus could have propelled labor forward. For the first time, America had seen mass demonstrations across the country centering on a central issue, unemployment. Unemployment councils were prevalent within many of the major metropolitan centers across the country, and they became the proponent for the wize of the American worker. Numerous rallies and demonstrations were staged by those councils, and when it came to the issue of unemployment there were no perceived boundaries amongst citizens based on ethnicity, race or religion. The barriers which had stymied the growth of the labor movement had temporarily disappeared. However, as powerful as these councils could have been, there was no co–ordination amongst the various centers in relation to the public protest. Communities and individuals were becoming mobilized and they too began to learn the importance of being organized and working together collectively and disregarding any self imposed barriers along the lines ... Get more on HelpWriting.net ...
  • 27. The Stock Market Crash Of 1929 The stock market crash of 1929 marked the start of the Great Depression. President Hoover thought the problem would blow over by itself. In the process of not doing anything to help, the situation slowly became more severe, and soon, about 25% of the workforce was unemployed. In 1933, Franklin Delano Roosevelt was elected into the presidency, promising to end the Great Depression. To do so, he implemented many different bills that were turned into laws, and were eventually put into effect. He passed a total of 15 new laws in his first hundred days of being elected, and parts of them are still in effect to this day. Some laws helped prevent the situation from getting worse and are still laws in this day and age, while others didn 't do much and were picked apart to be reconsidered, or just plain rejected. The first law is the Tennessee Valley Authority Act. FDR signed this act on May 18, 1933 in order to create the TVA as a Federal Corporation. This particular agency was tasked with facing important problems caused by flooding, erosion, steady emigration, and a deficient economy in the Tennessee Valley. Examples of such tasks include dealing with flooding, providing electricity to homes and businesses, and replanting the forests. The TVA also improved travel on the Tennessee River and helped develop the region 's business and farming. Since the TVA dealt with problems in the Tennessee Valley, there was many positive effects in that area. The electricity generated by the dams ... Get more on HelpWriting.net ...
  • 28. National Labor Relations Board Analysis The National Labor Relations Board consists of five members, who serve staggered terms and who are appointed by the president of the United States. According to our textbook "The National Labor Relations Board is housed in its national office in Washington, D.C., with regional offices throughout the United States. The full board consists of five board members, one of whom is the chair" (Seaquist, 2015). How do you think the president's political outlook plays into who is appointed to sit on the board? The president will likely choose the NLRB representatives that are on the same consensus as his views, goals, and schedule. So if the president were of the Democratic Party more than likely he would choose members for the board of the same ... Get more on HelpWriting.net ...
  • 29. UCCC Social Media Policy Inevitably, it is disheartening to learn about the feelings of a staff member toward me as a leader. As I read through this comment it leads me to believe that accepting the friend request was not the best decision. Upon accepting the friend request it exposes the personal life and feelings of each other. The Board of Trustees is recommending a social media policy to determine the boundaries for the staff as it relates to social media. There are no laws prohibiting our office from having a social medial policy. However, social media policies are regulated by the National Labor Relations Act and it is enforced by the National Labor Relations Board. The regulations on social media policies limit the employer's ability to place restrictions on the staff ... Show more content on Helpwriting.net ... We acknowledge that employees may engage in social media activities. Thus, described below are guidelines to follow as it pertains to our office and social media. 1. Employees cannot disclose any patient health information as protected by HIPAA or any confidential patient information kept in our office through any social media comment, private messaging, video, or picture. 2. Employees cannot post any social media comment, private messaging, video, or picture of any patients, visitors, clients, or customers of our office to protect the health status of our patients. 3. Employees cannot engage in any social media comment, private messaging, video, or picture that would be characterized as individual complaint specific to the employee or not intended to induce a group action. 4. Employees cannot disclose any internal policy or procedure, internal office forms, or any internal office communication through any social media comment, private messaging, video, or picture. 5. Any social media comment, private messaging, video, or picture that includes the name of our office would need to be approved by the Practice ... Get more on HelpWriting.net ...
  • 30. The National Labor Relations Act ( Nlra ) North Carolina is an at–will state, and this by no means gives any employer the right to act as they wish in the work place. Certain laws govern the workplace that have to be honored with each and every employee. One such law is the National Labor Relations Act (NLRA). This law was endorsed in July of 1935 and was modified by both the Taft–Hartley amendment in 1947, and Landrum Griffin amendments in 1959 (George Pozgar, 2012, p, 474). This law is responsible for stopping and relieving unfair labor practices by employers, their agents, and or organizations. The NLRA is independent of the Department of Labor, but entrusted to the National Relations Labor Board (NLB) (Pozgar, 2012, p. 474). To illustrate, in the setting of a hospital, there are two violations that would certainly grab the focus of the NRLA; discrimination against an employee who engages in union activity, and retaliation against an employees who file unfair labor practice charges. Furthermore, in the face of a strike certain rights of patients come into play to protect the patient and ensure they continue to receive quality care. Violation of the National Labor Relations Act The NLRA is entrusted by the NLB, which protects collective bargaining in the private sector. Some of the activities of the NLRB is to primarily conduct elections to determine whether or not employees want union representation, and to investigate and relieve practices that are unfair by employers and unions (Joe Twarog, 2005). When a ... Get more on HelpWriting.net ...
  • 31. The Employment Laws Of The Workplace With the modern complexity of employment laws, the necessity for recording a conversation or meeting in the workplace often presents itself. With today 's technology, the opportunity presents itself more easily than ever before. However, because employees ' rights of privacy are severely limited in the workplace, what, if anything, may an employee legally record in the workplace? Any lawful permitted use of electronic recording devices by employees in the workplace will likely be for protected concerted activity and provided by § 7 of the National Labor Relations Act ("NLRA"). As mentioned above, in the private workplace, the employer practically has absolute power in limiting the conduct, activity, and rights of employees. A fundamental precept of labor law is that "working time is for work." Since audio and video recording, as well as photography have great potential for consuming work–time and distracting employees from accomplishing their work tasks, many employers promulgate policies which disallow such recording. In a recent case in December of 2015, and one of first impression, the National Labor Relations Board ("NLRB" or "Board") issued a decision in Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), finding for the first time that blanket or unqualified employer policies which prohibit employees from recording company meetings or conversations with other employees are unlawfully overbroad. However, the Board stated that certain circumstances do exist ... Get more on HelpWriting.net ...
  • 32. Hrmd 620 (Mercedez Benz Dealership Vz. Tristan Jones 1. Section 7 of the National Labor Relations Act specifies that "employees shall have the right to self–organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection." Describe how the NLRB has interpreted the phrase "concerted activities for the purpose of collective bargaining or other mutual aid or protection." The NLRB and the courts have interpreted this statutory provision to mean that employees ( both union and non–unions members ) have the right to act together and discuss the terms and conditions of employment with fellow employees, to ... Show more content on Helpwriting.net ... His post was ill–mannered, insensitive and was additionally quite damaging to the image of the dealership. While I do support the rights of employees to free speech, I also support the right of employers to support the image of their company and in this case I do find Jones' termination an appropriate cause of action. I guess my answer to the question lies on which of Jones posts prompted his termination from Mercedes– Benz. 4. What, if any, parts of the employer's Employee Handbook violated Section 8(a)(1) of the NLRA? Explain why you made the decision that you did. For the most part, I find the employer's Employee Handbook to be in accordance with NLRA regulations. The only section which I would say violated the Act and may be susceptible to potential unfair labor practice charges would be the courtesy rule. The courtesy ruled is defined as such " Courtesy is the responsibility of every employee. Everyone is expected to be courteous, polite and friendly to our customers, vendors and suppliers, as well as to their fellow employees. No one should be disrespectful or use profanity or any other language which injures the image or reputation of the Dealership." I find that the courtesy rule which prohibits certain types of conducts and statement violates the rights of employees to partake in the kinds of activity protected by federal labor law. According to the Jackson Lewis, employees have ... Get more on HelpWriting.net ...
  • 33. 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 ... Show more content on Helpwriting.net ... Legal Issues Potential legal issues for Lewis & Lambert center on federal, state, and local laws. However, the most prominent jurisdiction of the three is federal. Possible Legal Issues Legal issues can arise from unfair labor practices resulting from a violation of values and ethics set forth by the National Labor Relations Board (NLRB) as well as damages experienced by union employees under contract. Examples of such legal issues include but are not limited to excessive membership fees, discrimination, picketing, and coercion of employee participation in union activities (Cascio, 2010, p. 516). Laws. As stated earlier, laws are in place to protect Lewis & Lambert employees and the organization against legal issues that may arise. Union laws are in the form of Acts stemming from the NLRB's architect, the National Labor Relations Association. "The Wagner Act, or National Labor Relations Act, of 1935 affirmed the right of all employees to engage in union activities, to organize, and to bargain collectively without interference or coercion from management" (Cascio, 2010). Twelve years later, those same rights were changed to include protection against unfair labor practices under the Taft Hartley Act of 1947. Litigation and Implication. Although Lewis & Lambert have not had any litigation regarding unfair labor practices, three counterparts in Local 68 have had allegations against them regarding Duty ... Get more on HelpWriting.net ...
  • 34. Bellagio Case Summary In the case of Bellagio v. National Labor Relations Board, The United States Court of Appeals was asked to rule on whether a ruling made by the NLRB was appropriate. The case concerned a bellman at the Bellagio Hotel who solicited a tip from a customer, which was against company policy. The customer complained to management, and the bellman was summoned to a meeting regarding the complaint. When asked about the complaint, the bellman requested a union representative; however, he declined to contact one by his own effort. The Bellagio tried to find a union rep, but was unable to locate one at that time, so they informed the Bellman that he could fill out a statement without a rep, or the meeting would be postponed and he would be put on "suspension pending investigation" until the matter was cleared up. It was clearly indicated that the SPI was not disciplinary and the SPI would not stay in his employee file, but that he could not work until the investigation was completed. As he ... Show more content on Helpwriting.net ... Asking the employee not to speak of a disciplinary matter while it is investigated does not seem to me to be coercion. The employee might have had ulterior motives for not leaving the premises. While the court suggested that this is coercion, I would say that it is common sense. Since the bellman gave no statement, the Bellagio does not know if he is trying to influence a potential witness or simply vent to a fellow employee. There is also the potential of a customer overhearing his complaint, and that would be unprofessional. Overall, I think the hotel handled the complaint and discipline issue in a professional manner, while the employee tried to abuse the system. A minor infraction, which should have been handled quickly and easily, became a case that wasted time, money, and valuable court docket ... Get more on HelpWriting.net ...
  • 35. The Labor Movement During The Nineteenth Century The labor movement and the need to organize as a united voice for worker's rights came about during the nineteenth century. During this time, worker's faced long hours which turned into long workweeks, often times requiring workers to work six days a week with ten or more hours per day for very low wages and in conditions that were unsafe or unhealthy. In most cases, workers were at the mercy of the companies that employed them and had few options to improve their work conditions and even less recourse if they were injured or killed on the job. Out of this need, the organized labor movement began which provided a vehicle for employees to band together as a united group to demand better working conditions, fair wages and an established work week. These changes were done through negotiations with management at the companies and through the creation and implementation of regulations at the state and federal government level. Many of these regulations have resulted in set procedures and policies for establishing a union within a workplace, both in the public (federal) and private sectors. There are two agencies that oversee unions and the policies governing them. The National Labor Relations Board (NLRB) is an independent federal agency charged and empowered to safeguard employees ' rights to organize and to determine whether to have unions as their bargaining representative. The agency also oversees labor practices to ensure that employees rights are protected by private ... Get more on HelpWriting.net ...
  • 36. Factors Behind Unionization First Decision: The National Labor Relations Board decision and order of the Respondents, Domsey Trading Corporation, Domsey Fiber Corporation, and Domsey International Sales Corporation ("Domsey"), a single employer and Arthur Salm and Fortuna Edery and the Discriminates International Ladies' Garment Workers Union, formally request the return of previously striking employees. Domsey wholesale used clothing from its warehouse in Brooklyn, New York. On January 30, 1990, around 200 of Domsey's employees joined among the Union went on strike, claiming that the corporation had committed unjust labor practices, including firing some employees for attending union assembly's. They charged that Domsey had entrusted unfair labor practices and ... Show more content on Helpwriting.net ... The owner uses this judgment as an example for his management's behavior, that they must follow the existing laws of the employees' rights to unionize, and understand that no one is over the law. Final Analysis: The fact that the business management's are in opposition to unionization for a long time is measured as a disincentive to the expansion of private sector unions. Normally, the challenges of impeding unions of starting organizing, consist of carrots and sticks accessible to employees of the company. Sticks on hand of the management to impede possible unionization efforts, consisting of captive meetings of verbal communication by administrators, persecution of potential union influential employees, lay of the union leaders, and failing to bargain honestly over primary agreements. Carrots offered to employees as an ingredient of the effort to stop organizing forces from happening, including a salary increase, employee participation programs, and supplementary category of monetary contribution in the earnings of the company. Likewise, unions provide to the workforce a representation in government and on the collective policy matter, with the purpose of more elevated causes than its unhelpful effects on the provision of wealth of the members. The unions fight for public policy concerns from social security reform to health and safety, encompass a ... Get more on HelpWriting.net ...
  • 37. Nlrb On Behalf Of Mrs. Dawn Vs. American Medical Response... Case Title : NLRB on behalf of Mrs. Dawn vs. American Medical Response of Connecticut Company Case number: 34–CA–012576 Date Opened: 01/19/2010 Status: closed Presentation of the Case The case filed by NLRB was between the American Medical Response of Connecticut in New Haven and one of their employees called Mrs. Dawn. Upon verbal disagreement with her supervisor, Mrs. Dawn posted a negative remark on her private facebook wall about the supervisor. The remark attracted comments from her staff mates. On reporting to work the following day, she was suspended and later fired. The company argued that her act was a violation of their internet policy by criticizing her overseer online. The Hartford NLRB office filed a complaint of unlawful dismissal of Mrs. Dawn stating that the party was involved in protected concerted activity on Facebook at the time when she criticized her senior. In addition, NLRB identified several unlawful provisions within the company's manual of conduct. However, before hearing, the company opted for an out of court settlement with Mrs. Dawn besides revising their unlawful provisions in their handbook. Rationale of the NLRB Decision I agree with NLRB's decision since Dawn activity can be classified as a concerted activity. Reflectively, a concerted activity is that which involves an employee expressing views t other employees with the intention of either criticizing or suggesting an alternative response to mistreatment at place of work. ... Get more on HelpWriting.net ...
  • 38. Essay about The National Labor Relations Board The ability for the federal government to regulate businesses' activity is given in the Constitution. Article 1, Section 8 is known as the commerce clause; it states, "Congress shall have the Power...to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes" (Reed, 173). Through the commerce clause, the government is able to regulate business activity by the use of administrative agencies, which is defined as "a governmental regulatory body that controls and supervises a particular activity or area of public interest and administers and enforces a particular body of law related to that activity or interest" (Administrative Agency, 1). There are two types of regulatory authority that agencies may ... Show more content on Helpwriting.net ... (Reed, 630) To properly examine the NLRB it is imperative to understand how it is organized. The NLRB "has five members and primarily acts as a quasi–judicial body in deciding cases on the basis of formal records in administrative proceedings. Board Members are appointed by the President to 5–year terms, with Senate consent, the term of one Member expiring each year" (NLRB.gov). In addition to the board members there is a General Counsel, which is appointed by the President to a 4–year term and is independent from the board. The person appointed to the position of General Counsel is responsible for the investigation and prosecution of unfair labor practice cases and for the general supervision of the NLRB field offices in the processing of cases. (NLRB.gov) The NLRB also has a Division of Judges, which is made up of 40 Administrative Law Judges who hear, settle and decide unfair labor practice cases throughout the United States. Next, it is important to understand what the NLRB does and does not have jurisdiction over. The NLRB does not have jurisdiction over 6 types of labors: (1) governmental employees, (2) persons covered by the Railway Act, (3) independent contractors, (4) agricultural laborers, (5) household/domestic workers, and (6) employees who work for their spouse or parents (Reed, 631). Technically the NLRB has jurisdiction over everything else; however, the NLRB has a limited budget as well as time constraints and so must limit ... Get more on HelpWriting.net ...
  • 39. Labor Relation In The Workplace Introduction The age of "technology" has changed communication in both our personal and professional lives with the advent of social media. Facebook, Linkedin, Twitter, and others have global connections to the external world. The readiness of I–pads, laptops and smart phones has provided both the individual and organizations alike to have instantaneous engagement to a broad and large audience over one or all of the social media networks. The relationship between the employee and the organization can be tested if company social media policies are to broad or restrict the employee's rights under the labor laws protected by the National Labor Relation Act (NLRA) under Section 7 and Section 8. On the other hand, the organization is seeking ... Show more content on Helpwriting.net ... AMR, to answer and discuss the questions posed of how one may represent the company in this case, one must ask, if I were the company representative and the regional director for the NLRB asked "If the company would settle the union's charges voluntarily, or if they company would legally insist on pursuing the company's right for a formal NLRB hearing of the charges", how would I respond? As the company representative I would recommend that the company should voluntarily settle with the union to address the matter, due to the ambiguous or broad SMP that infringe or interfere with Souza's rights under Section 7 and Section 8 of the National Labor Relation Act. Further, the AMR supervisor's refusal to allow Souza her rights under the collective bargaining agreement, to allow opportunity to meet with her local union representative and that they be present to help with her incident report which is found to be unfair labor practice under the Act, (NLRA) was not in good ... Get more on HelpWriting.net ...