Collective_Bargaining

MBA HRM Collective Bargaining Paper University of Phoenix The purpose of this paper is to describe the major provisions, roles and effects of specific Federal laws and regulations that play a role in collective bargaining initiatives.   In addition, this paper will also evaluate conditions presented in the product and services markets that lead to collective bargaining.   The term “collective bargaining” is governed by federal and state statutory laws and is referenced as negotiations between an employer and a group of employees so as to determine the conditions of employment (Cornell University School of Law, 2009).   Bargaining negotiations results in a collective agreement where employees have agreed to the terms and conditions of their employment. To protect the employee within their working environment there are a number of federal and state statutory laws that present ethical business practices organizations must follow.   The main body of law governing collective bargaining is the National Labor Relations Act of 1935 (NLRA) also known as the Wagner Act.   One of the amendments to the NLRA is the Labor Management Relations Act of 1947 (Taft-Hartley Act).   The Taft-Hartley Act has several provisions based on employees’ rights to organize unions, bargain collectively with employers and engage in activities solely dependent upon collective bargaining.   Per Byars and Rue (2004), the Taft-Hartley Act made known that unfair labor practices stemming from employers were considered illegal and that managers could not form or join labor unions.   In addition, the Taft-Hartley Act permitted agreements and allowed memberships within the construction industry.   This allowed a “union hiring hall” within the construction industry that allowed preferential treatment and referrals of individuals with union memberships to other employers and to current job openings.   The National Labor Relations Board (NLRB) is comprised of a five-member panel appointed by the President of the United States.   One member of the NLRB is appointed as a chairperson by the President and confirmed by the Senate.   Each member will serve a five year term and work directly with the Senate on consults and advice.   The purpose of the NLRB is to balance workers with their organizations by ways of establishing a union with supportive practices for workers.   Though some organizations do not promote unionized practices, the NLRB supports workers who encounter unfair labor practices in their working environment.   Per Byars and Rue (2004), an unfair labor practice can be filed with the general counsel by an employee without proof, who believes they have been treated unfairly at work.   The general counsel works with the NLRB to investigate the employee case and determines if the complaint is justifiable.   If the case is deemed a violation it is presented to the NLRB for resolution. The Taft-Hartley Act includes one of the most controversial sections 14(b) of the law per Byars and Rue (2004), called the “right-to-work” law which prohibits various types of union security arrangements including compulsory union memberships.   This presents states and territories the right to pass laws prohibiting union shops and other arrangements for compulsory union membership (Byars & Rue, 2004, Ch. 17, pg. 365).   To detail, 21 states within the US present right-to-work laws that prohibit compulsory union memberships.   Employees within these states may not belong to unions but are fully represented by union based organizations in which they are supportive in resolving issues about right-to-work ethics. Human Resource (HR) has an effective role in collective bargaining initiatives that promote the right-to work-laws, union memberships and ethical business practices.   HR serves as management’s primary representative in the collective bargaining process adhering to the provisions under the Taft-Hartley Act.   HR must ensure policies and procedures are carried out and that unfair labor practices are resolved and corrected. Employees join unions because organizations fail to address their concerns in the workplace.   The purpose of collective bargaining is to provide a unionized controlled environment where management and employee representation is united to negotiate wages, working hours and conditions as well as other terms of employment.   Some of the factors that lead to collective bargaining include positive economic gains, product and market expansion as well as competitive wages.   Employees contribute to organizational success and what products and services become more in demand with customers.   Employees want to benefit from the organizational success and demand results in some sort of compensation.   If the products and services are in high demand, organizations usually increase costs which in most cases results in increase wages, benefits and bonuses for employees.   If an employee is not compensated for their working contribution it can lead to questions and complaints filed with the labor union which in turn create collective bargaining negotiations. Organizations that are characterized by collective bargaining are the State of California, Mattel and Volkswagen.   The State of California is comprised of many different departments with a vast number of service level employees that serve the State of California.   Employees are protected with the same laws and regulations as every other organization using a unionized approach. When an employee encounters labor related issues and files a complaint, a union steward is assigned to the case.   A union steward is an employee of the State of California who is elected by union members to represent employees who assists employees with their complaints and helps them file grievances if there is a proven violation.   Union stewards fight on the employees behalf to mitigate and avoid disciplinary actions.   As referenced by Cascio (2002, Ch. 16, pg. 648), Mattel, a children’s toy manufacturer headquartered in the US and operates additional manufacturing plants in international territories.   Mattel had experienced working conditions for their employees overseas that were less than standard from that of US operations.   Mattel decided to enforce Global Manufacturing Principles (GMP) that requires contractors to fix harsh and abusive working conditions.   In addition, Mattel enforces international labor standards that prohibit child labor, forced labor and safe working conditions.   Another reference by Cascio (2002, Ch. 16, pg. 648), Volkswagen (VW), a global car manufacturer, had expanded their manufacturing operations to Pueblo, Mexico but faced conflict with the government-controlled union during a massive restructuring plan to raise productivity (Cascio, 2002, Ch. 16, pg. 647).   Even though VW felt the restructuring would facilitate global competitiveness, employees feared massive layoffs and opposed the plan by striking against VW.   Soon after the strikes were over, the government gave permission to VW to tear up the union contract which resulted in firing and rehiring 14,000 workers minus dissidents. In unionized working environments, industries who demonstrate collective bargaining promote stability and resolution to employee issues.   Some of the characteristics include employees voicing and expressing their opinions through voting, improving safety in the working environment, protecting employees from harassment and fear of loosing their jobs as well as increased wages.   Most importantly, collective bargaining promotes a presence that employees are protected by a union and organizations must honor this practice.   Organizations that are not collectively bargained create negative foundations for employee complaints and issues.   Some of the characteristics include ignored wage increases, expensive benefits, limited workplace decision-making capabilities, environmental factors and dissatisfaction of working conditions.