Unfair Employment Practices - Assignment Example

? Unfair Employment Practices Introduction The National Labor Relations Act was enacted in 1935 to protect the rights of both employees and employers. This was for the purposes of ensuring that both the workers and their employers would solve their issues through collective bargaining (F. L. B., Jr., 1941). This would help eliminate the labor and management practice that were being practiced by the private sector which were both disastrous to the workers wellbeing, businesses and the country's economy. To reduce the rates of employee’s strikes employees should be given an opportunity to air their voices (Morris, 2004). This will allow for the application fair practices as regards to individuals wage, hours of work. It also helps to provide an opportunity for employers and employees to talk and solve issues arising within the organization. The law has the powers and the right to protect employees by allowing them to join organizations. 1. According to Morris, (2004), the national labor relations act employers are prohibited from interfering with any affairs of the trade union. Therefore, the human resource manager should summon the truck drivers’ representatives and advise them on their union rights. S/he should advice them on how to file complaints in the court and the various processes involved for them to become non-union members. Employers who feel their rights and those of other employers are being violated should report to the national labor relations board (Mikva, 1986). This should take place within six months after the unlawful act has been committed. The employees should inquire about the violations with the human resource manager outside the scheduled hours for work or may consult any other person who has the knowledge regarding labor issues. The employee or employees may then go ahead and file a case regarding the unlawful acts (Warm, 1938-1939). Since human resource manager has knowledge on employee’s dissatisfaction with the union, s/he should continue the negotiations in good faith. He/she should also put efforts to ensure the negotiations are successful so that they can reach a written and binding agreement regarding the terms and conditions of employment. 2. Employees have a right to form unions at their own consent. The national labor relation act prohibits the employer to question the employee regarding their labor union support in a manner that is likely to discourage the individual from engaging into the union activities. The employer should also not apply any discrimination when hiring employees for a given job because of their interest into getting into a union (Warm, 1938-1939). Therefore, the employee should not be discriminated but should be given the job. The employee has a right to encourage fellow employees to get into a union. These employees should not be discriminated against due to their efforts. 3. To reduce the high rates of strikes in the organization employers and trade unions enter into negotiations to reach a binding written agreement. When negotiating parties fail to agree, the employees have a right to go on strike. It is the right of employees to organize with one or more workers any activities that are geared towards improving the working standards of other employees in the organization. Employees can achieve this by raising issues with the employers or government bodies concerned with labor activities. If these issues are not solved, employees have a right to go on strike to air their grievances. The national labor relations board handles all negotiations that have reached a dead end. Therefore, the company and the union representatives should report their grievances to the national labor relations board (Warm, 1938-1939). During a strike, employer can seek employee replacements. The employees can also be permanently replaced but cannot be terminated from the organization. The organization has the duty to reinstate all the striking employees at the end of the strike to their former positions as long as the employees have not taken part in any illegal or criminal activities that can jeopardize the organization (Hogler, 1989). Therefore, as the human resource manager I would urge the company to get replacements for the various positions to ensure the smooth running of the business. I would also inform the organization that seeking replacements does not mean having sacked the striking employees. The employees were still eligible for their jobs once the strike was called off, and they would resume their work positions. Making use of the remaining clerical employees and other managerial staff would mean giving them extra work that they should be compensated for above their normal salaries. These employees should also be considered to have gone for strike and hence needs to be compensated for the extra time they would spend with the company. The employees should also be consulted and given the work if they would like to take up the positions (F. L. B., 1941). The company should also hire more people to help in the running of the business, but should stipulate the kind of employment they will be offering to the employees to avoid further grievances that might arise. I would also encourage the company to get into further negotiations with workers so that the workers are able to return to work. This will help reduce the various costs that would be incurred in the process of hiring, orientation and training of the new employees. 4. Labor unions give employees a voice and provide a basis for employers to listen for their grievances. Employees can form a labor union through elections or create their own. The NLRB has the authority of certifying the employees union. The NLRB preside over the employees elections to ensure that the elections are fair and free (NLRA, 1935). Employees have a right to disclose their wages and other terms of employment and conditions of employment to the NLRB or other trade union representatives. Therefore, as the human resources manager I would give the employees information to the NLRB. This list would be used for the elections and hence later filed by the union representatives. The NLRB use the list provided by the employer to compare the names appearing on the Authorization cards. If the members are more than 30%, this warrants an election. The employer should not interfere with the elections whatsoever. The sales people are covered under the national labor relations act if they are full time employees of the company (Mikva, 1986). I will also post a notice informing the employees of the right to form a union and the scheduled elections. This is because every employee has to be represented and has the right to get into a union of their choice. As the human resource manager, I will also provide a room for the elections to take place and help in the supervision of the elections. After the certification, I will then engage the union in negotiations which should be fair and conducted in good faith so that we can reach a collective bargaining agreement which will be put down in writing. 5. According to section 7 of the NLRA, (1935), employees have a right to organize themselves to be able to form, and join a labor organization for the purposes of collective bargaining and to protect their work interest. Therefore, both private and public sector employees have the right to join trade unions. Employees become members of the union by signing the authorization cards. These cards are then set to the NLRB to show the individual's interest in joining the trade union and secret ballot elections are conducted. The employer has no right to question the employees’ process of getting into the trade union or threaten them with neither sacking nor termination (Mikva, 1986). The NLRB stipulates the rules the employer must follow when the employees decide to form a union. Employees willing to join a union should not be discriminated, terminated from their jobs. It is illegal for the employer to stand on the way of employees who are willing to form or join a union. Laying false accusations against the employees may land the company in trouble, and this may result to court cases which may cause the destruction of the companies’ image and also loss of time and company resources (Warm, L. 1938-1939). Therefore, as the store manager I would not write the slips to sack the people, but would rather engage the individuals in a dialogue together with the company’s management so that we are able to reach a binding written agreement. However, the employers are employed at the employers own will and has the right to terminate them and for any reason. However, according to the act individuals should not be terminated because of their interests of joining a labor union. Mikva (1986) argues that the NLRA prohibits an employer from forcing or coercing another employee to discriminate on the fellow employees because of their desire to join a union or any other discriminatory basis. Conclusion Labor unions play a dominant role of ensuring peace in the organizations. They provide avenues where employees can interact with their employers to ensure that employees are treated and compensated well for their work in the organization. The union also protects the employers in that they ensure the employees carry their duties as required of them. References F. L. B., Jr. (1941). "Reinstatement with Back Pay under the Wagner Act." 89 U. Pa. L. Rev. & Amer. L. Reg. (5): 648–660. Hogler, R, L. (1989). The Employment Relationship: Law and Policy. New York: Ardsley House. pp. 52 "National Labor Relations Act ("NLRA")". 29 U.S.C. §§ 151-169. July 5, 1935. Warm, J. L. (1938-1939). "A Study of the Judicial Attitude toward Trade Unions and Labor Legislation." 23 Minn. L. Rev.: 256 Morris, C. J. (2004). The blue eagle at work: Reclaiming Democratic Rights in the American workplace. Ithaca, N.Y.: Cornell University Press. Mikva, A. J. (1986). "The Changing Role of the Wagner Act in the American Labor Movement 38 Stan. L. Rev. (4): 1123–1140. Read More