Labor Laws and Unionization - Assignment Example

Labor Laws and Unionization Labor laws encourage unionization. Unionization is fundamentally formed to empower the employees of a firm with collective bargaining for their welfare vis-à-vis wage equity, safe working place, healthcare etc. The federal and state labor laws are critical paradigms that have significantly strengthened union’s rights to collectively bargain for their member employees for specific firm or organization. They have in fact been quite relentless in ensuring that employees gain only through collective bargaining of their unions rather than as an individual employee (Budd, 2010). It greatly facilitates implementation of policies that are directed at general welfare of employees rather than segregated for the benefits of few. Unionization has significantly helped reduce exploitation of organized labor and provided them with critical platform to bargain for their rights. The Davis-Bacon Act of 1931 is important legislation that significantly curtailed the right of single employee to work for reduced wages which was used to ensure that workers of government sponsored construction projects were paid locally approved wages or wages as determined by the local unions of construction workers (Reynolds, 1987). Moreover, the clause of ‘in good faith’ is hugely essential paradigm that supports union and asks that employers’ bargain be in good faith while coming to satisfactory conclusions with the union leaders. Thus, labor laws encourage unionization. Answer 2 Yes, teaching assistants should be considered bona fide employees as they are contracted under defined terms and conditions as approved by the management. Moreover, under criteria set forth in 29 CFR Part 520.201 the teaching assistants are employees with rights, including that of joining unions and the rights to be eligible for minimum as prescribed within the defined labor law. They are vital part of academia and take on the responsibilities of assisting teachers. They help students on an individual basis and even take up teaching when required and therefore constitute important part of academia. Teaching assistants also provide the teaching staff with much mental and physical relief by relieving them of the stress of dealing with students who may require more personal coaching. Assistant teachers are playing vital roles in all types of schools, including higher education. They contribute considerably to the improvement of education and serve as critical resource for the schools and academia in general (Kerry, 2001). Indeed, as part of school staff, they need to be recognized not only for their contribution to teaching but also for their commitment to the profession. Consequently, they should be formally considered and treated as employee with fair wages, rewards and incentives as applied to a teacher. Answer 3 Management’s reaction to employees’ interest in unionization differs if the employer already has a high union density among other employee group. The management believes that high union density among other employee group already ensures that employees’ interests are not compromised. Moreover, unions as such are designed to protect the rights of employees which they do through collective bargaining. The positive relationship of union with the management is therefore perceived as important issue for motivated performance. The unionization of employees is therefore not only a redundant exercise but also could give conflicting signals to the management which could lead to disagreement. Moreover, it develops facilitating environment for employees and encourages the union to promote membership so that management can also resolve contentious issues with them. Thus, it is justified when it differs with unionization. The management and organizations in general, conform to the state laws of employment and promote corporate governance to enhance transparency in their work culture. Most importantly, through affirmative actions and their agreements of ‘good faith’ with unions ensure the welfare of their workforce. Answer 4 The key factors that led RAs to develop interests in the union representation were: questionable firing of selected RAs; discriminatory disciplinary procedures of the management; and compensation. RAs have myriad duties which are subject to evaluation by seniors like Community Development Assistants and Resident Directors of the West University. RDs and associated hierarchy of employees on the University on-campus residential facilities play important role in supporting students’ welfare and their experience in the various resident halls. RAs provide critical services in the area of maintenance, administration, crisis intervention and management, training, appraisals etc. Their job is challenging as it involves disciplining resident students. RAs therefore have genuine job related problems that need to be addressed within the wider precinct of fair labor practices. Their problems were found to be same as other workers by Graduate Employee Organization or GEO, which is recognized and supported by the University. Efforts were also made to promote their causes and their representation to the union through signature campaigns within the University for collective bargaining. Moreover, their complaints and problems were rejected by the Grievance committee which had shown biases. Thus, it can be stated that RAs have legitimate job related problems. Answer 5 RAs opposed to unionization do not have legitimate concern as was proved by the large number of signatories for representation in unions. The State Labor Relation Commission also believed that RAs can organize and call for collective bargaining. This was most pertinent factor that would hugely benefit RAs to have union representation. Through unionization, they would be able to resolve their problems amicably and in ways that would look after their welfare. Unionization would also change the culture of Residents live on the campus. RAs would be empowered with rights and protection that would enable them to discharge their duties without fear and adverse recrimination from the management, peer group and the residents, some of whom could be threatening. The unionization would also ensure pay equity with workers who perform similar work but with differing salaries. Moreover, University does not give them the status of employee due to their status of students. But looking at the work and the risks associated with the job, unionization would greatly help create a culture of mutual respect, trust, equity and responsibility. Answer 6 In the state of Arizona, employment is regulated by both federal and state laws. public sectors employees. It has ‘Right to work’ provision in its constitution that delineates the necessity to be part of labor union both by the employee and the employer. The membership of employees of public sector is also not mandatory and they are primarily governed by the federal labor laws and Federal Fair Labor Standard Act. The Arizona’s Employment Protection Act of 1996 endorses the ‘at will’ doctrine by establishing that employment is contractual in nature and therefore can be terminated any time, unless otherwise made clear through written contract and agreed upon by both parties (ASS, 2007). Hence, membership to union is by choice and the collective bargaining becomes important issues for them. NLRA is not recognized by public sector as they are not considered as employees by NLRA (NLRA, which primarily promotes the interests of private sector employees and defines their rights. The right to work clause of the state becomes pertinent when non union members are get contractual benefits when the union represents employees per se. Answer 7 LRC had determined that RAs and CDAs were employees. I agree with LRC decision for myriad reasons. RAs and CDAs are contracted under defined conditions of MOU which legalizes their work and gives them the status of an employee. They are also faced with the similar problems as that of normal workers which supports their nomination as that of an employee. Most importantly, LRC has supported their unionization which means that RAs and CDAs have the property right to their labor and decide as to how they can exchange their labor or to have control on conditions for their labor per se. Indeed, LRC’s endorsement to their unionization is clear indication that they have the status of an employee under fair labor laws under federal and state legislations. Furthermore, majority of RAs were in favor of unionization which legitimizes the work of employees and helps protect their rights (Campbell, 2002). Thus, RAs and CDAs must be considered as employees of the University despite the fact that they are also learners in the academia. (words: 1341) Reference Arizona’s State Senate (2007) Labor Employment Laws. Retrieved from: http://www.azleg.gov/briefs/Senate/LABOR%20EMPLOYMENT%20LAWS.pdf Budd, J.W. (2010). Labor relations: Striking a balance (3rd ed.). New York: McGraw-Hill Irwin. Campbell, K. (2002, March 6). U. Massachusetts RAs vote to form first undergraduate union. Massachusetts Daily Collegian. Retrieved from: http://www.collegian.psu.edu/archive/2012/10/05/pdf/10-05-12-daily.pdf Kerry, T. (2001) Working with Support Staff: Their Roles and Effective Management in Schools. London: Pearson Education. NLRA. Retrieved from: https://www.nlrb.gov/national-labor-relations-act Reynolds, M. (1987) Making America Poorer:The Cost of Labor Law. 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