The Impact of Collective Bargaining - Assignment Example

?Running Head: COLLECTIVE BARGAINING Topic: Collective Bargaining Lecturer: Presentation: QI: The employment relationship between employer and the employee is very crucial in an organization as it determines its effectiveness. Traditionally, the employment relationship involved the use of unions who acted as the bridging gap between the employer and employee. The role of the union was to negotiate for better working terms and conditions for the employees and collective bargaining, thus, the employment contract which was followed to the later was constructed through the efforts of employer and the union (Davies, 2011). However, today the role of the unions has declined as more organizations make use of Human Resource Management practices that enhance workers conditions. They entail use of employee empowerment and involvement, thus, enhancing motivation, commitment, and engagement among workers. Unions which are mostly found in the public sector as compared to private sector are also engaged as partners rather than as adversaries to the management. In the United States, labor laws are formulated at federal level but each state has the right to improve or advance on those laws to encompass those groups not included by federal state. Arizona, where the West University is located, is one of the states that apply right-to-work laws, thus, no person can be compelled, as a condition of employment to join or not to join, or pay dues to a union (DOL, 2012). The labor law is supportive of unionization efforts in organizations as it prohibits employers from discriminating employees for joining a union. The employees are free to form, join a union of their choice and participate in union activities as well as bargain collectively over terms and conditions of employment. Though at first the employer had no obligation to engage in bargaining with public employee unions, it is now illegal as per the National Labor Relations Act (NLRA) to refuse to engage in collective bargaining with the union that represents employees. Moreover, the minimum wages as stipulated by the Minimum Wage Act are a result of negotiations between the government and the union and every organization whether public or private is not supposed to pay workers below the minimum wage. Q2 In recent years, the roles of teaching assistants have become very critical in higher institutions in helping to improve learning and the interest levels of students. The Higher Level Teaching Assistants (HLTAs) are hired by learning organizations based on their qualifications and mostly help in the science subjects. They act as assistants to professors in classrooms and are delegated some of the teachings, especially when the lecturer is not available (Seymour, 2005). They perform various roles such as planning and supporting learning activities and guiding the work of other support staff. They also reinforce lecture materials and direct students to more learning resources. They keep records, counsel and evaluate students to monitor their progress and take remedial action so as to improve the learning of students. They are also involved in answering any questions by students and support them with particular individual needs. Teaching assistants are, therefore, required to have the necessary training and qualifications in order to be able to help other students to develop in their fields and also have enthusiasm in their courses. According to the US department of labor, the relationship between an employer and employee is determined by economic reality. The Fair Labor Standards Act (FLSA) defines an employee as “one who, as a matter of economic reality, follows the usual path of employment and is dependent on the business which he/she serves” (DOL, 2012). This distinguishes between an employee and an independent contractor or self-employed individuals. Since teaching assistants are hired by the university to render crucial services (assist professors), they are an integral part of the institution. Their work is also controlled by the professors. Besides, they do not offer their services for free or volunteer but are paid for their work. As such, teaching assistants are employees of the institution and, therefore, subject to employment protections under the employment law and have a right to be unionized. Q3 Different employers have different perceptions regarding unionization depending on their experiences. The relationship between the employer and the unions may determine whether the management favors unionizing its staff or not. In most cases, unions are known to be adversarial and some organizations engage them since it is a labor requirement to allow employees to join unions. This is due to the fact that employees mostly negotiate for better terms and conditions, especially high wages which may impact on the business due to additional costs. In some cases, when no agreements are reached, calling a strike is detrimental to the organization as it affects its operations and destroys the reputation of the institution (Davies, 2011). However, unions are also helpful in ensuring university policies are accepted and adhered to since unions have a great influence on employees. If new working practices are to be put in place or the organization would like to make adjustments such as restructuring, the unions are very crucial in explaining the circumstances to employees and in boosting their confidence hence minimizing resistance to change. This would not be achieved without their help. Partnership between management and unions is very important in enhancing success. The management reaction to employee interest in unionization differs if the employer already has a high union density among other employee groups. If the employment relationship with existing unions is positive, then the management would have no problem in allowing other employees to unionize. However, if the existing unions are a source of problem between management and employees, the employer may resist unionization by other employees (Davies, 2011).  Having a union in place may help the organization to eliminate legal problems associated with discrimination in employment and law suits for not meeting employment conditions such as minimum wages. An employer whose organization has low union density may resist any move to unionize more workers due to fear of pressure from unions. Q 4 The RAs have a difficult task to perform at the university though they are students. They are entrusted with the work of disciplining residents and as such, liable to retaliation from the dissatisfied students. However, the RAs are also liable to a disciplinary procedure if they violated disciplinary guidelines. During hiring, they are given a job description and also sign an MOU regarding their terms and conditions of employment. However, they are dissatisfied with their situation as they are not treated equally as other employees such as the Resident Directors and graduate student assistant resident directors. These employees are entitled to collective bargaining and other benefits accrued to employees in any organization. For example, unlike the RAs, they are not fired for indiscipline but are given written warnings as per the labor law. The RAs also felt that their compensation was not adequate or commensurate with their responsibilities. The high turnover rate for RAs was also worrying hence the RAs feared for their job security which was enjoyed by other workers. Moreover, there were available students ready to take up their posts since applications were more than vacancies. As a result, the RAs felt the need to join a union that would help them settle their grievances since the grievance committees and meetings were not bearing any fruits. The RAs based on their work have legitimate job-related concerns. Since the RAs have an employment contact in the form of an MOU and are paid wages which are subject to federal and state income taxes and subject to disciplinary procedure, they can be considered as employees thus entitled to protections like other employees. They are entitled to minimum wages which amount to $ 7.25 per hour and protection against unfair dismissals (DOL, 2012). Irrespective of whether they are students, they are an integral part of the institution and perform important tasks which should be adequately compensated. However, most of the employees quit the job on their own as opposed to being fired only 2% of the RAs were fired for the last 2years compared to 55% labor turnover rate. Q5 Those RAs opposed to unionization felt that the others were overreacting. This is due to the fact that in the last hiring, there were twice as many applicants than available positions. Those students who were dissatisfied should, therefore, quit and leave the positions to those willing to work under such conditions. The rate of termination was also low (12 out of 600) for the last two years, hence, they felt there was no major concern over firings. Furthermore, the students sign an MOU stating their terms and condition such as wages and working hours before being given a job, thus, should not complain due to compensation. However, these concerns are not legitimate as employees are supposed to be offered favorable terms and conditions and be fired according to laid down procedures which are in line with the employment law (NLRB, 2012). The University climate was that of unionization and collective bargaining. However, the RAs and CDAs formed the largest part of the employees and were not unionized. If they were allowed to unionize, then the university would comprise of a great percentage of unionized employees. The RAs are in charge of the residents in the university and unionization would, thus, change the culture of residence life. Davies (2011) indicates that unions have the tendency of impacting on management and organization culture whereby culture refers to way of doing things or the values and beliefs held by a group. One aspect of culture change is whereby RAs are terminated at-will. Instead, the RAs will have job security as proper procedures will be followed before termination. Their terms and conditions will also improve hence their positions will attract more students than ever before but chances will be limited as no vacancies will not crop up due to firings. The RAs will also have more power over other students as they are protected. As such, those students who retaliate due to dissatisfaction will be in trouble. A culture of discipline and respect will, thus, be instilled on the residents. Q6 The NLRA is a federal law applies to the private sector employers including private universities, thus, it does not cover government employees, agricultural workers, independent contactors and domestic employees (Dol, 2012). The private sector workers are free to choose to be represented by a union. The elections for the union are managed by the National Labor Relations Board (NLRB) which is established by the NLRA. According to this Act, it is illegal to discriminate an employee based on union membership or to refuse to engage in collective bargaining with the union. The NLRB also has the responsibility of enforcing the NLRA. Employers and unions can enter an agreement to require all employees in bargaining unit to pay union dues under the NLRA. However, some states such as Arizona which have a right to work laws have banned such agreements. It is, therefore, the discretion of the court to decide whether union dues are paid. For the union to be recognized under NLRA rules, a secret ballot election process is undertaken for the union to demonstrate its right to an election. If 30% of employees show interest in being represented by the union then the union can be recognized. The process is overseen by the NLRB (Johnstone, Vinson & Elkins, 2012). Arizona applies the right to work laws, thus, it does not allow collective bargaining with employees. Public employees have collective bargaining with local governments and school districts and union dues are deducted through members’ paychecks unlike the NLRA which does not allow union dues to be deducted on member’s paychecks unless an agreement is made. Members also pay compensation to public employees for undertaking union work while on the job (Johnstone et al. 2012). Public employee unions are governed by the federal and state laws and managed by labor laws and boards in the state. Unlike private sector whereby unions bargain with employers, public employees unions negotiate with local government. Q7 The petition by the West University not to recognize a union by RAs and CDAs was rejected by the labor relations commission (LRC) due to various issues. According to US employment laws, an employee is a person under the employ of the organization by nature of his/her work, permanency of employment, if services rendered are an integral part of the business, use of equipments of the business, nature and degree of control by the principal and opportunity for profit and loss (DOL, 2012). As such, the LRC determined t that RAs and CDAs are employees of the university based on various reasons. First, they perform roles and responsibilities crucial to the organization success such as administration, training, general policy management, act as resource agents and carry out performance appraisals among other duties. Another reason is that in performance of these duties, they use the facilities of the employer and are also under the control of the resident directors who are employed by the university. Moreover, in performing their duties, the employees do not gain any profit or loss but perform their duties for the benefit of the university thus are employees and not independent contractors or self -employed. I do agree with the LRC decision. The presence of formal agreement on terms and conditions (MOU) of employment between the employer and the RAs though not emphasized by the Supreme Court is evidence that these are employees and should be treated equally as other employees in the institution (Davies, 2011). They are, therefore, able to join any union of their choice and have collective bargaining rights. The employment law prohibits discrimination, thus, these employees should be given equal treatment as resident directors or ARDs. While disciplining them, the disciplinary guidelines should be followed and the employees given a chance to defend themselves instead of firing. This will foster a positive relationship between the management and the RAs resulting in increased motivation, commitment, and engagement, thus, improved performance for the workers and the institution as a whole. When these employees are happy, they will be able to motivate other students to achieve success in their studies. References Davies, A. (2011). Workplace Law Handbook 2011: Employment Law and Human Resources. Cambridge: Workplace Law Group. Johnstone, S., Vinson, & Elkins. (2012). Union Organization Process. Practical Law Company. Retrieved Aug 26, 2012 from http://www.practicllaw.com/6-500-9554 National Labor Relations Board. (2012). Retrieved Aug 26, 2012 from www.nlrb.org Seymour, E. (2005). Partners in Innovation: Teaching Assistants in College Science Courses. Rowman & Littlefield. US Department of Labor. (2012). Wage and Hour Division; Fair Labor Standards Act. Retrieved Aug 26, 2012 from http://www.dol.gov/whg/regs/compliance/whdfs.htm Read More