Sunday, March 3, 2019
Does the Labor Law Encourage or Discourage Unionization Essay
Yes they do. And the following is in support of that claim Often described as the heart of the act, section 7 of the statute reflects the impartialitys elementary ends. It provides that employees shall(a) make believe the right to self- brass instrument, to form, assemble, or assist labor organizations, to bargain together with through representatives of their own choosing, and to engage in other concerted activities for the intent of incorporated bargaining or other mutual aid and protection (Kohler, 2004). In addition, the labor laws tend to favor employee and articulation relationships. project laws do provide protection for union employees against wage inequality by delimit standard minimum wage requirements and they address other workplace arctic issues as well. These labor laws ar authorized at the government level and thus allow every public employee to non altogether sum total a union, only create one (by organizing) should they so desire. And given the fa ct that the majority of the employees at westerly University ar public employees, already in established unions, the organization process for the occupier participators (reticular activating system).To help facilitate that process, the alum Employee Organization (GEO) was affiliated with the United Auto Workers (UAW) union. Although the workforce at West College is a majority of union employees, the non-union employees be non required to join each union payable to the fact that Arizona is a right-to-work state. exclusively again, the labor laws to prevail and allow a group of employees to legally organization under State and Federal laws.2 Do you think pedagogics assistants should be considered employees?If they are on a payroll as a W2 individual, and work a sterilize amount of hours then I dejectiont any reason why they would not be considered employees. quasi(prenominal) to the resident physician Assistants, I would imagine that the pedagogics Assistants are in a ddition students who attend the college as well. Based upon the information provided, the Teaching Assistants are as well as enter employees.Education aside, the skill level of the Teaching Assistant should not be a factor when it comes to joining a union, there should be well-nigh educational requirements for the job of a Teaching Assistant however. Although a Teaching Assistant does not ware teaching credentials, hence theyre not on the said(prenominal) pay grade, but there is a bewitching amount of experience that a Teaching Assistant is pass judgment to have to perform their job effectively. This does not mean that a Teaching Assistant could not handle the job of teaching a class if they had to, they impregnable do not have the official credentials and could present to the University should they be put into a teaching placement.For further clarification, there is a remnant that should be noted between an assistant and an intern. Per the following example houseman a person who works as an apprentice or trainee in an occupation or profession to gain practical experience, and sometimes also to satisfy legal or other requirements for being licensed or accepted professionally. Whereas Assistant serving in an immediately subordinate government agency of secondary rankgenerally not in training for some other role. (Dictionary.com)3 Do you think managements reaction to employee raise in unionization differs if the employer already has a high union closeness among other employee groups?If a majority of the employees are already organized in some type of a union setup, then unfortunately, the only reaction that oversight can have is to agree to other groups extremitying to organization. That is unless Management can come up with some reasons why organization should not take place.This type of a balance has its pros and cons. If this is a type of an environment where a majority of union employees makes more sense, then this type of an arrangemen t can be productive if even more employees wanted to organize. And it readiness be best if management did agree to that because there is always the frankness issue that can come up of a group of non-union employees receives the same(p) treatment that the union employees receives. In this case, that is the argument of the resident physician Assistants. But at the same time, there are situations where it just makes no sense for a particular group of employees to organize.Now it is a great benefit for the employees to operate to a union but on the flip side of that argument, transitioning from a non-union environment to a union environment can be a lengthy and expensive process. The costs of running a unionized descent can be kinda. And the case of a University, those costs are not going absorbed as a lost by the condition, but instead willing be passed voltaic pile to the consumer, in the case, the student. Thus the learning costs will keep increasing, and the university run s the risk of losing business to the competition. It doesnt look if it is a university, is it still a business.4 What are the trace factors that guide some RAs to have interest in union means? Do you think that RAs have legitimise job-related concerns, or are the RA complaints overstated?The functional conditions of the Resident Assistants were starting to become a concern for the employees. The Resident Assistants have been assigned the task of disciplining their fellow students and were subjected to any pushback. Thus there is a potential conflict of interest since the Resident Assistants are overseeing the immediate area where they are also housed in.Although the Resident Assistants are paid a wage for their services, they are in fact regular students. Per the labor laws, the University is not required to allow a group of full-time students to organize but it is not against the law Resident Assistants to organize.Now, the Resident assistants, do sign an agreement with the University detailing their job description and what is expected of them. This is surely a valuable service that is being provided to the University, but at the same it does not warrant an organization movement in my opinion. Especially due to the natural turnover rate of the students (students graduating, etc.), a Resident Assistant is sure as shooting not a presbyopic-term position and thus does not real justify signing a union / employee contract for any meaning(a) length of time.In summary, the Resident Assistants do have generally right talking points for organization. However, their job description does not warrant the added expense that the University will take on when that group is organized. Should the Residents Assistants job descriptions increase, then yes, organization would be a good idea at the University. But key to bring forward here is that the Resident Assistants are full-time students with less than part-time jobs that they want to unionize.5 Do the RAs op posed to unionization have legitimate concerns? How could unionization change the culture of Residence Life?Those concerns are quite legitimate, and in my opinion, more selfless and grounded than the rest of the Resident Assistants. As mentioned above, these are full-time students with a part-time that they are not being force to do. They chose to apply for the position, and they signed an agreement of the behavior and expectations (minimum GPA, etc.)The Resident Assistant position should be used as an opportunity to gain some good experience such as what an intern would get but also with a monetary incentive. By organizing, the Resident Assistants may miss bulge on the real experience of interaction with the culture of the campus residential environment. In other words, the resident Assistant would be focusing more on being an employee vs. being a student and a Resident Assistant. Thus, the Resident assistant could possibly be viewed as more of a trade protection guard then som eone who is on the same level as the other students.Im sure there was a clear amount of thought that went into designing the position of the Student Assistant, and it appears that they divided in half. One half, being on the same page with the University in missing to keep the integrity of the position and the other half wanting to chemise away from University tradition and form a separate. Again, not a fallacious idea to organize if the students were going to be in these positions for a long time, but theyre not. Its a very transient position.6 How does the law regarding union recognition for public employees in this state liken with the NLRA rules regarding union recognition for private-sector employees?There are some similarities. However, Section 7 of the law states the following to engage in other concerted activities for the purpose of collective bargaining or other mutual aid and protection, as well as the right to refrain from engaging in any of those activities. (Kohl er, 2004)Lets look at the three key principles of the law as noted by KohlerThere are three key principals on which the NLRA rests 1) the exclusivity principle 2) the notion of pardon collective bargaining and 3) the morphological autonomy of the bargaining representative of the employees (in other words, the independence of the employees labor union from the employer). (Kohler, 2004) Breaking this down further, Kohler goes on to explainExclusivity Principle. The exclusivity principle is a primary feature of American-style collective bargaining. According to the exclusivity principle, the union representative selected by a majority of employees in a workplace becomes the exclusive (sole) representative of all those employees. (Kohler, 2004)Free Collective Bargaining. Free collective bargaining is the second elemental principle of the NLRA. The act leaves the decision whether to organize entirely to employees.(Kohler, 2004)Structural Autonomy. The geomorphologic autonomy of the e mployees bargaining representative is the third key principle of the collective bargaining system adopted by the NLRA. This principle anchors the system of free collective bargaining.(Kohler, 2004)In addition, Section 8 of the National Labor transaction Act (NLRA) states the following to dominate or interfere with the formation or administration of any labor organization or to contribute financial or other support to it. (Kohler, 2004)7 Why did the LRC determine that RAs and CDAs were employees? Do you agree with the LRC decision? Why? Why not?In summary, I do not agree with the decision handed down by the Labor Relations committee. Resident Assistants are really only student assistants that earn a small wage through the school year and depending upon the school schedule will not be working in the summertime. The decision to recognized students as employees is reckless and can have consequences down the road. This is a slippery slope. I dont issue the complete reasoning behind t he decision of the Labor Relations Commission but if I had to guess I would imagine that there is a bit of a bias since the Labor Relations Commissions tend to head for the hills pro-union.Another concern that the University should be aware of is that now that they Resident Assistants are organized, there is a possibility that these positions can be abused. Prior to organization, the Resident Assistant applicant would sign a Memo of Understanding (MOU) outlining the expectations that they were expected to meet. Being that they are organized now, the Memo of Understanding is most apparent going to be tossed out the window and a new set of demands may start coming in over the years. Not to mentioned the prospective additional labor expenses that the University is going to incur.Works CitedKohler, Thomas C.. National Labor Relations Act (1935). Major Acts of Congress. 2004. Retrieved October 18, 2012 from Encyclopedia.com http//www.encyclopedia.com/doc/1G2-3407400221.html
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