This document provides an overview of collective bargaining in public education in the United States. It discusses how collective bargaining and teachers' unions are currently targeted as draining state funds and inhibiting school innovation. The origins and history of collective bargaining are covered, including key events and legislation in Washington state. Important definitions and statutes regarding collective bargaining that apply to Washington state public employees are also summarized.
Trade union and its classifications,types,policies and condition in different...swarna dey
Trade union, also called labour union , association of labourers in a particular trade,industry, or company, created for the purpose of securing improvements in pay, benefits, working conditions, or social and political status through collective bargaining. Generally, its membership consists of worlers and union leaders, united to protect and promote their common interests.
In each country, there is a trade union legislation(usually a Trade Union Act) gives a legal definition of a trade union, and sets out its objectives.A labor union of workers in related crafts, as distinguished from general workers or a union including all workers industry.
Trade union, also called labourunion , association of laborers in a particular trade, industry, or company, created for the purpose of securing improvements in pay, benefits, working conditions, or social and political status through collective bargaining. (Schumpeter j 2008)
Labor unions or trade unions are organizations formed by workers from related fields that work for the common interest of its members. They help workers in issues like fairness of pay, good working environment, hours of work and benefits. They represent a cluster of workers and provide a link between the management and workers.(Rein chard 1974)
The history of trade union dates back to the guild system that started in Europe, this system aimed to protect selected professions by controlling of advancement and skill mastery. This is how unions came into existence, and is the first example of how numerous workers join together to create their own rules instead of following those set by their employers.
collective bargaining is something new concept in nursing administration, in which needs of nursing profession and education can be negotiated with the employer.
Overview of the History and Status of Teachers’ UnionsJeremy Knight
Teachers’ unions are a powerful force in local, state, and federal politics, but Janus vs. the American Federation of State, County, and Municipal Employees (AFSCME) could change that. At the heart of this case is a key source of union revenue: agency fees.
Public sector unions, including teachers’ unions, collect revenue from the professionals they represent. From members, they collect membership dues that can be used for a wide range of activities, including political advocacy. In 22 states and D.C., unions can collect so-called “agency fees” from nonmembers. These fees are typically less than full membership dues and enable workers to opt out of supporting unions’ political activities while still supporting unions’ collective bargaining activities that benefit all workers.
If the Court overturns long-standing precedent and rules mandatory agency fees unconstitutional, it will likely have far-reaching effects on unions’ finances, and subsequently, on their power and influence. But to fully understand the potential effects of the Janus decision, it is necessary to first understand the history and current context in which teachers’ unions are operating. We created this slide deck to ensure that sector leaders, reporters, and commentators have a reliable resource to access this key information.
The deck begins with an overview of the history of public and private sector unions dating back to the early 1900s. It then provides a summary of the history and current status of teachers’ unions specifically: major successes related to collective bargaining, controversy and criticism surrounding their increasing political activities, and their response to the increasing accountability in federal education legislation. We then offer current data and information on the nation’s two largest teachers’ unions, including membership data, financial data, a description of their organizational structure and the services they provide, and an overview of recent activities including teacher strikes and walkouts. We conclude the deck by summarizing the Janus case and its potential impacts on teachers’ unions and offering questions yet to be answered about the future of teachers’ unions post-Janus.
This analysis offers an accurate and objective set of information to those wanting to inform their understanding of this historic case.
Trade union and its classifications,types,policies and condition in different...swarna dey
Trade union, also called labour union , association of labourers in a particular trade,industry, or company, created for the purpose of securing improvements in pay, benefits, working conditions, or social and political status through collective bargaining. Generally, its membership consists of worlers and union leaders, united to protect and promote their common interests.
In each country, there is a trade union legislation(usually a Trade Union Act) gives a legal definition of a trade union, and sets out its objectives.A labor union of workers in related crafts, as distinguished from general workers or a union including all workers industry.
Trade union, also called labourunion , association of laborers in a particular trade, industry, or company, created for the purpose of securing improvements in pay, benefits, working conditions, or social and political status through collective bargaining. (Schumpeter j 2008)
Labor unions or trade unions are organizations formed by workers from related fields that work for the common interest of its members. They help workers in issues like fairness of pay, good working environment, hours of work and benefits. They represent a cluster of workers and provide a link between the management and workers.(Rein chard 1974)
The history of trade union dates back to the guild system that started in Europe, this system aimed to protect selected professions by controlling of advancement and skill mastery. This is how unions came into existence, and is the first example of how numerous workers join together to create their own rules instead of following those set by their employers.
collective bargaining is something new concept in nursing administration, in which needs of nursing profession and education can be negotiated with the employer.
Overview of the History and Status of Teachers’ UnionsJeremy Knight
Teachers’ unions are a powerful force in local, state, and federal politics, but Janus vs. the American Federation of State, County, and Municipal Employees (AFSCME) could change that. At the heart of this case is a key source of union revenue: agency fees.
Public sector unions, including teachers’ unions, collect revenue from the professionals they represent. From members, they collect membership dues that can be used for a wide range of activities, including political advocacy. In 22 states and D.C., unions can collect so-called “agency fees” from nonmembers. These fees are typically less than full membership dues and enable workers to opt out of supporting unions’ political activities while still supporting unions’ collective bargaining activities that benefit all workers.
If the Court overturns long-standing precedent and rules mandatory agency fees unconstitutional, it will likely have far-reaching effects on unions’ finances, and subsequently, on their power and influence. But to fully understand the potential effects of the Janus decision, it is necessary to first understand the history and current context in which teachers’ unions are operating. We created this slide deck to ensure that sector leaders, reporters, and commentators have a reliable resource to access this key information.
The deck begins with an overview of the history of public and private sector unions dating back to the early 1900s. It then provides a summary of the history and current status of teachers’ unions specifically: major successes related to collective bargaining, controversy and criticism surrounding their increasing political activities, and their response to the increasing accountability in federal education legislation. We then offer current data and information on the nation’s two largest teachers’ unions, including membership data, financial data, a description of their organizational structure and the services they provide, and an overview of recent activities including teacher strikes and walkouts. We conclude the deck by summarizing the Janus case and its potential impacts on teachers’ unions and offering questions yet to be answered about the future of teachers’ unions post-Janus.
This analysis offers an accurate and objective set of information to those wanting to inform their understanding of this historic case.
Dr. William Allan Kritsonis
Personnel Issues
Public School Law Series
National Issues & Concerns - New Answers To Lingering Problems in Public School Law
Public Sector Collective Bargaining: The history and implications of the union bargaining process
Rocky Mountain Public Employer
Labor Relations Association
Presentation by Hal Stratton
July 16, 2010
Tamaya Resort and Spa
Sana Ana Pueblo, New Mexico
BHR 3565, Employment Law 1 Course Learning Outcomes fMargaritoWhitt221
BHR 3565, Employment Law 1
Course Learning Outcomes for Unit VI
Upon completion of this unit, students should be able to:
6. Explain the authority of unions in the workplace.
6.1 Outline seven different areas or processes in collective bargaining that are of interest to you.
Course/Unit
Learning Outcomes
Learning Activity
6 Unit Lesson Chapter 16 and 17
6.1
Unit Lesson
Chapter 15 and 17
Unit VI PowerPoint Presentation
Reading Assignment
Chapter 15: Collective Bargaining
Chapter 16: Picketing and Strikes
Chapter 17: The Enforcement and Administration of the Collective Agreement, pp. 549-567, 577
Unit Lesson
Studying the history of labor laws in the United States is a bit like looking at a pendulum in a clock – it swings
one way until it reaches the extreme of its movement, and then it moves back the other way. By the beginning
of the 20th century, employers had become powerful as a result of the Industrial Revolution, and employees
were often at the mercy of the policies that employers instituted and the wages that employers were willing to
pay. As you can imagine, that power in the hands of employers sometimes led to employers taking advantage
of and even abusing employees. In 1932, Congress passed the Norris-LaGuardia Act and in 1935, the
Wagner Act (also called the National Labor Relations Act or NLRA).
These acts declared certain actions by employers to be illegal and empowered unions to form to represent
workers in dealing with employers, thus limiting and, in some cases eroding, the power that employers had
exercised over employees. Although the increased power of unions was, in theory, good for employees, in too
many cases, unions used their new power to improperly convince employees to allow the unions to represent
them and to improperly force employers to make concessions to employees.
There are still cases in which either management (employers) or labor (unions) allege that the other has
violated some federal law that establishes what management and labor cannot do in dealing with employees
and each other. However, the federal law framework for labor relations is now in place, and there are other
federal laws that influence the relationship between employers and employees.
Collective Bargaining
Collective bargaining is the exertion of force by employees and employers on each other to force an
agreement (Cihon & Castagnera, 2017). Is collective bargaining a right or a privilege? Have unions helped the
economy or hurt it? Do unions help the worker or politicians? Is the United States going broke because of
unions and collective bargaining? Do unions promote market inefficiency in workers? These are questions
that many are asking. The answers are not clear.
UNIT VI STUDY GUIDE
Collective Bargaining
BHR 3565, Employment Law 2
UNIT x STUDY GUIDE
Title
Collective bargaining gives workers power in numbers to negotiate for increased wages, benefi ...
AEC-123-001Course TitleAddendum to SyllabusAEC 472 .docxnettletondevon
AEC-123-001 Course Title
Addendum to Syllabus
AEC 472 Management of Construction
Please include a cover transmittal page. Include the below questions along with your answers.
Chapter 13 Labor Law
1. What change in legal policy did the Norris- Laguardia Act of 1932 mark for organized labor?
2. The President has power to intervene and halt strikes and force employees back to work. Which labor act provides the President with this authority? Under what conditions is such Presidential intervention allowed?
3. The Taft- Hartley Act first established rules governing the way unions could organize and bargain in 1947. Describe the evolution of these rules over the next several decades and the problems encountered as they apply to the construction industry.
4. The Wagner Act and its amendments are designed to stop unfair labor practices. What basic labor rights do these acts serve to protect?
5. How are unfair labor practice caes distributed and processed by the NLRB itself, its regional offices, and territorial courts and agencies?
6. At what point can a union secure a representative election to determine whether a body of employees desires union representation? What percentage of votes must the union receive to be declared the representative?
7. What purpose does the Davis – Bacon Act serve?
8. Sexual harassment law and policy have their foundation in which legislation?
9. Briefly, explain how the AFL-CIO came to be.
10. In terms of wages and raises, is the average employee better off working open- shop or union shop?
11. Describe the current movement by many Republican Govenors that have passed legislation for “Right to Work” in many states. What did Act 10 (Gov. Walker) do in Wisconsin? Walker explained Act 10 as a way to provide “tools” for school Administrators to balance budgets. What “tools” did Act 10 provide?
12. Explain the concept of an employee lockout. Does such an action shutdown the contractor’s operations?
13. Why do many owners that employ union construction workers vote “Republican” when the union workers tend to vote for the Democratic party?
14. Share your perspective about how the new President- Elect Trump deal with union negotiations for government contract work in the future. Do you feel the that union’s share of future construction work will increase or decrease under his administration? Explain why you feel this way.
.
Hold yourself responsible for a higher standard than anybody else expects of you. Never excuse yourself. ~ Henry Ward Beecher
Nothing happens by itself...It all will come your way, once you understand that you have to make it come your way, by your own exertions. ~ Ben Stein
Life will always be to a large extent what we ourselves make it.
~ Samuel Smiles
C H A P T E R 15 Collective BargainingEmployees join unions TawnaDelatorrejs
C H A P T E R 15 Collective Bargaining
Employees join unions to gain some influence over their working conditions and wages; that influence is achieved through the process called collective bargaining. Section 8(d) of the National Labor Relations Act (NLRA) defines collective bargaining as [t]he performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement or any question arising thereunder. . . . This process of meeting and discussing working conditions is actually a highly stylized and heavily regulated form of economic conflict. Within the limits of conduct spelled out by the National Labor Relations Board (NLRB) under the NLRA, the parties exert pressure on each other to force some concession or agreement. The union’s economic pressure comes from its ability to withhold the services of its members—a strike. The employer’s bargaining pressure comes from its potential to lock out the employees or to permanently replace striking workers. The NLRB and the courts, through their interpretation and administra- tion of the NLRA, have limited the kinds of pressure either side may exert and how such pressure may be applied. This chapter examines the collective bargaining process and the legal limits placed on that process.
15-1 The Duty to Bargain
An employer is required to recognize a union as the exclusive bargaining representa- tive of its employees when a majority of those employees support the union. The union may demonstrate its majority support either through signed authorization cards or by winning a representation election. Once aware of the union’s majority support, the employer must recognize and bargain with the union according to the process spelled out in Section 8(d). Section 8(a)(5) makes it an unfair labor practice for an employer to refuse to bargain with the representative of its employees, and Section 8(b)(3) makes it an unfair practice for a union representing a group of employees to refuse to bargain with their employer. Although the NLRA imposes an obligation to bargain collectively upon both employer and union, it does not control the results of the bargaining process. Section 8(d) makes it clear that the obligation to bargain “does not compel either party to agree to a proposal or require the making of a concession.” The act thus reflects an ambivalence regarding the duty to bargain in good faith. The parties, to promote industrial relations harmony, are required to come together and negotiate, but in deference to the principle of freedom of contract, they are not required to reach an agreement. This tension between the goal of promoting industrial peace and the principle of freedom of contract underlies the various NLRB and court decisions dealing with the duty to bargain. The accommodation of these conflicting ideas makes the ar ...
TextSeaquist, G. (2015). Employee and labor relations A practic.docxarnoldmeredith47041
Text
Seaquist, G. (2015). Employee and labor relations: A practical guide. San Diego: Bridgepoint Education
· Chapter 7: At the Bargaining Table
· Chapter 8: Grievances, Mediation, and Arbitration
7.1 Collective Bargaining
What is collective bargaining, and why is it such an essential right of organized labor? The theory behind collective bargaining is that it reduces the power differential between management and workers, making the relationship more equal; by compelling management to come to the table and meet with workers, there is a significant shift in power. This section sets the stage for the process of bargaining. It explores what it means that unions are the exclusive representatives of their bargaining unit and reviews the three classifications of bargaining subjects: mandatory, permissive, and illegal.
The Principle of Exclusive Representation
In Chapter 4 we saw that a first step of unionization was for workers to identify who should be a member of the bargaining unit. Once that was established, workers in the designated bargaining unit signed authorization cards, and if at least 30% of the workers voted to unionize, the process of moving toward an election could begin. If the prerequisites were met and an election took place, the National Labor Relations Board (NLRB) certified the union, which meant it then became the exclusive representative of that bargaining unit.
Exclusive representation is an important concept that is found in Sections 8(b) and 9(a) of the Labor Management Relations Act of 1947. Those sections explicitly empower a union that represents a majority of the employees in a bargaining unit to act as all employees’ exclusive representation in collective bargaining.
Exclusive representation has a number of meanings. One is that the employer may not bargain with any other employees, no matter how well intentioned the conversation. Nor may the employer engage in discussions with another union purporting to represent some of the workers. The certified union is the only one with whom the employer may deal.
Exclusive representation obligates all workers in the bargaining unit to participate in union activities, though individuals may choose not to be a member of the union if they have that option. In many states, by law, workers cannot be mandated to join a union or pay dues as a condition of employment. These are referred to as right-to-work states. Despite the fact that the bargaining unit may include workers who do not agree with the union or its philosophy, the union has the duty to represent each worker equally and without bias, no matter their status (union or nonunion; dues paying or not).
In the News: Challenging the Right to Exclusive Representation
Twenty-seven thousand home care workers are part of a union that represents workers who are paid by the state to care for disabled or elderly patients. The National Right to Work Legal Defense Foundation filed a lawsuit in 2014, however, challenging the union’s r.
These are risky and uncertain times for Risk Adjustment programs. This presentation from Mile High Healthcare Analytics,explores current risk adjustment legislation and important legal cases and how these are impacting health plan operations.
6. CB in Politics
Today Collective
Bargaining &
Teachers’ Unions are
targeted as a drain
on state funds as
well as a drain on
innovation in
schools. Some
legislators would
choose to eliminate
public sector
bargaining rights.
7. Stand for Children or STAND
http://stand.org/illinois/action/
chicago/collective-bargaining-101
League of Education Voters
http://www.educationvoters.org
Partnership for Learning
www.partnership4learning.org
8. Where do you stand?
Are you active in your local union?
Do you respect local union leaders?
Do you view it as a valuable service?
From what sources and information
were your current perceptions of
unions formed?
Where will you stand as a principal?
What will be your relationship with union reps?
What is a principal’s role in bargaining?
9. Origins of Collective Bargaining
The term "collective bargaining" was first used in 1891 by
economic theorist Sidney Webb. However, collective negotiations
had existed since the rise of trade unions during the 18th century.
Before the 1930s, collective bargaining had no legal protection.
After FDR’s election in 1932, a series of federal laws were enacted
limiting the power of federal courts to issue injunctions against
unions, authorizing the formation of unions, and imposing on
employers the legal duty to bargain collectively.
Public sector bargaining evolved more slowly but began to gain
recognition when Wisconsin passed laws permitting it in 1949.
In 1962, President Kennedy issued an executive order giving
federal employees some limited rights to bargain collectively.
10. Pre-CB Negotiations in WA State
1915: All teachers must have at least a four-year high school
degree as a result of union-backed legislation. College
requirements for different levels of teaching also increase.
1923: First statewide retirement act approved by Legislature
after years of union pressure.
1959: Union helps pass SHB 135, which guarantees
educators 10 days sick leave per year.
1963: Legislature allows districts to participate in health
insurance benefits.
Before 1965 no school employees in Washington had the
benefits of a collective bargaining contract. A few specific
rights for teachers were outlined in state law. Individual
contracts contained only an annual salary figure, the
length of contract in days and teaching assignments.
11. WA State Collective Bargaining History
1965: Passage of Washington's Professional Negotiations
Act, a one-page law requiring school boards to confer and
negotiate with elected employee groups prior to final
adoption of key policies. School boards resist the change as
an infringement on their authority.
1967: Legislature approves a collective bargaining law for
classified school employees.
First real collective bargaining contract negotiated under
the old Professional Negotiations Act was won in Tacoma in
1968. The Seattle Teachers Association followed in 1969.
By the early 1970s the number of comprehensive contracts
began to increase, but as they increased, boards in other
districts drew a line in the dust and declared they would
never sign contracts with teachers.
12. WA State CB History continued
As school boards stiffened their resistance to "teacher
encroachment," teachers became more determined
and finally resorted to strikes.
The first K-12 teacher strike in WA occurred in
Aberdeen in 1972. Some 200 teachers there voted to go
on strike protesting unresolved issues such as class
size, use of teacher aides, salary, planning time and
medical insurance.
Educational Employment Relations Act took effect in
1976. Also created was the Public Employment
Relations Commission (PERC), which was given
authority to administer all of WA public employee
bargaining acts.
14. Collective Bargaining in WA Today
About 74 percent of the WA state’s 64,000 general
government employees are represented by unions.
Collective bargaining by common school employers
and employees are governed by the following statutes:
• Chapter 41.56 RCW, Public Employees' Collective
Bargaining
• Chapter 41.58 RCW, Public Employment Labor
Relations
• Chapter 41.59 RCW, Educational Employment
Relations Act
15.
16. Definition of Collective Bargaining
in WA State Law (RCW 41.56.030)
"Collective bargaining" means the performance of
the mutual obligations of the public employer and the
exclusive bargaining representative to meet at reasonable
times, to confer and negotiate in good faith, and to execute
a written agreement with respect to grievance procedures
and collective negotiations on personnel matters, including
wages, hours and working conditions, which may be
peculiar to an appropriate bargaining unit of such public
employer, except that by such obligation neither party shall
be compelled to agree to a proposal or be required to make
a concession unless otherwise provided in this chapter.”
17. Employee Right to Organize
in WA State Law (RCW 41.56.040)
41.56.040 “Right of employees to organize and
designate representatives without
interference. No public employer, or other
person, shall directly or indirectly, interfere
with, restrain, coerce, or discriminate against any
public employee or group of public employees in
the free exercise of their right to organize and
designate representatives of their own choosing for
the purpose of collective bargaining, or in the free
exercise of any other right under this chapter.”
18. Disagreement on Rep. or Unit
in WA State Law (RCW 41.56.050)
41.56.050 “Disagreement in selection of bargaining
representative—Disagreement as to merger of
bargaining units—Intervention by commission. (1) In
the event that a public employer and public employees are in
disagreement as to the selection of a bargaining
representative, the commission
shall be invited to intervene as is provided in RCW
41.56.060 through 41.56.090.
(2) In the event that a public employer and a bargaining
representative are in disagreement as to the merger of two
or more bargaining units in the employer’s workforce that
are represented by the same bargaining representative, the
commission shall be invited to intervene as is provided in
RCW 41.56.060 through 41.56.090.”
19. 41.56.120 Right to strike not
granted.
Nothing contained in this
chapter shall permit or grant
any public employee the right
to strike or refuse to perform
his official duties.
20. Where do administrators go
for help with Collective Bargaining?
Ask your district if they have an
ERNN Membership. ERNN is the
Employee Relations & Negotia-
tions Network, a non-profit
affiliate of WASA & AWSP, created
25 years ago to help and educate
district administrators in collective
bargaining and arbitration/
employee relations issues.
www.ernn.com