Mark Rossi
HRM-408-91
September 14, 2014
Case Study 5-2, pg. 230
1. Why would a labor union want to organize and represent TAs, RAs, ad proctors? A labor union would want to organize and represent these graduate students (possible employees), at this university because they could be covered by the National Labor Relations Act. The university’s repetition, might possibly be at jeopardy and legal action or settlement in the long run.
2. Why would TAs, RAs, and proctors want union representation? For the changes to the fellowship or requirements for future graduate students within the university.
3. What rights would TAs, RAs and proctors have if the NLRB rules they are “employees “under the NLRA? If they are employees, the NLRA protects their rights to make common cause with other employees to improve working conditions and to have union representation. The common law defines an employee as having an employment relation with an employer. Employee status is a fact question and not a matter of titles or labels.
4. Which group(s), if any, would be “employees” under the NLRA and, thereby, be allowed to form a union? The TA and RA stipends, or fellowship stipends, are “financial aid” which should be considered as employees. TAs or RAs lose their status as employees because the TAs and RAs are academically required to work was based on the false notion that there is no way to distinguish between a graduate student’s academic requirements and the “work appointments” of the TAs or RAs. Assuming that these individuals usually are satisfying an academic requirement, this was not determinative of employee status, nor temporary employees.
You May Also Find These Documents Helpful
-
3.) Explain why you think employers still resist unions 70 years after the passage of the National Labor Relations Act.…
- 595 Words
- 2 Pages
Satisfactory Essays -
(unions), and agencies. In this regard, any party covered by the labor law may either…
- 463 Words
- 2 Pages
Good Essays -
HR Hero. (2011, Spring). Labor Union Organizaing in the United States Workplace. Retrieved from www.hrhero.com…
- 715 Words
- 3 Pages
Good Essays -
References: Benson, J., & Brown, M. (2010). Employee Voice: Does Union Membership Matter? Human Resource Management Journal, 20(1), 80-99. Retrieved from http://rx9vh3hy4r.search.serialssolutions.com/?ctx_ver=Z39.88-2004&ctx_enc=info%3Aofi%2Fenc%3AUTF-8&rfr_id=info:sid/summon.serialssolutions.com&rft_val_fmt=info:ofi/fmt:kev:mtx:journal&rft.genre=article&rft.atitle=Employee+voice&rft.jtitle=Human+resource+…
- 1091 Words
- 3 Pages
Good Essays -
3. National Labor Relations Board, (n.d.). The First Sixty Years. Retrieved 4 February 2011 from http://www.nlrb.gov/nlrb/shared_files/brochures/60yrs_26-30.pdfx.…
- 2797 Words
- 12 Pages
Powerful Essays -
The National Labor Relations Act of 1935, commonly referred to as the Wagner Act, is the basic bill of rights for unions. It was enacted to eliminate employers' interference with the organization of workers into unions. Before, many employers would threatened the employees that if they would be joining a union they would receive less pay, benefits, hours, or even be fired. This caused an outcry in American society because many of the employers weren't giving the employees much security for their jobs and they weren't able to join any unions. So to help out with this problem the Wagner act was signed in on July 5th, 1935 and it investigates and charges ventures on unfair labor practices. This law gives the workers many rights as far as being able to organize and join unions, to bargain collectively, and to actively pursue their objectives whatever they may be. The problem with the law at first was that many people were ignoring this as a law all together. Many of the initial appellate courts agreed that this law was unconstitutional and therefore unenforceable. It took many years and many court cases that were won because of the NLRA that it became an enforceable law that could be upheld in court. The Wagner Act requires that employees to bargain in good faith with the union when it comes too wages, hours and terms and conditions of employment. A part of the NLRA is National Labor Relations Board (NLRB). This board consists of 5 members that are appointed by the President of the United States and the senate and are given 5 year terms. They are given the responsibility for determining appropriate bargaining units, conducting elections to determine union representation, and preventing or correcting employer actions that can lead to unfair labor practice charges. Since the act as come about more than 900,000 unfair labor practice charges and conducted in excess of 360,000 secret-ballot elections. The Agency handles…
- 568 Words
- 3 Pages
Good Essays -
The right of employees to strike in support of their bargaining demands is protected by…
- 401 Words
- 2 Pages
Good Essays -
6. The right of employees to strike in support of their bargaining demands is protected by…
- 613 Words
- 6 Pages
Satisfactory Essays -
National Labor Relations Act (Wagner act) - Reestablished the NIRA provision of collective bargaining. The federal government again protected the right of workers to join unions and engage in collective bargaining with employers. Also prohibited unfair labor practices such as threatening workers, firing union members, and interfering with union organizing.…
- 1119 Words
- 5 Pages
Better Essays -
4. Should public policy change in some way so that unions that will win representations…
- 1215 Words
- 5 Pages
Satisfactory Essays -
In this case, employees from Store 58 were notified of a union meeting to discuss joining a union and than had the option to sign an application for membership if they chose to do so. The employees have the respective right to organize and seek certification by the various ULP provisions by the Labour Relations Act. When the employees have participated in a trade union discussion, they would than have a right to sign an agreement to join the union, keeping in mind that the employees are not forced to sign any agreement. The unions obligation in this case, is to file for direct certification and to organize a campaign for the employees. If the board approves the certification, the union would than have the right to bargain with the employer on behalf of the employees within the bargaining unit and to enter into a collective agreement setting out the terms and conditions of the employment. The union also has the duty and responsibility to represent those employees that are in the bargaining unit in the manner which isn’t arbitrary, discriminating, or in bad faith whether or not employees have joined the union. The employers in this case, have the obligation and the right to mange their workplace as needed, however, it is their role to run the business…
- 1041 Words
- 3 Pages
Good Essays -
National Labor Relations Act (NLRA), in 1992 changed how nonunion employees and managers could gather and organize employee committees with the case Electromation, Inc. vs NLRB. With this act organizations must be careful with creating employee committees that could otherwise be deemed unlawful. They must avoid allowing any of the management team to direct or influence the work of the committee, as well as members of the committee are not allowed to give the impression that they represent the views of their fellow coworkers. Both of these examples took place in the Electromation, Inc. vx NLRB case and are now considered infringements on the NLRA and are deemed unlawful. This act forced managers and employees to either forgo employee and…
- 1288 Words
- 6 Pages
Better Essays -
The National Labor Relations Act (NLRA), also known as the Wagner Act, was enacted in Congress in 1935 and became one of the most important legacies of the New Deal. Prior to the passage of the NLRA, employers had been free to spy on, interrogate, discipline, discharge, and blacklist union members. Reversing years of federal opposition, the statute guaranteed the right of employees to organize labor unions, to engage in collective bargaining, and to take part in strikes. The act also created a National Labor Relations Board (NLRB) to arbitrate deadlocked labor-management disputes, guarantee democratic union elections, and penalize unfair labor practices by employers. The law applied to all employees involved in the interstate commerce other than airlines, railroads, agriculture, and government.…
- 1283 Words
- 6 Pages
Good Essays -
The company agrees not to interfere with the right of employees to join the Union and will not discriminate against employees who are Union members. Employees in the bargaining unit are completely free to participate in the affairs of the Union, provided that such activities do not interfere with their work duties and responsibilities. All production and maintenance employees will be required to join the Union after completing their probationary period as a condition of continued employment. Union dues will be deducted from all bargaining unit employee’s pay check. At the end of each pay period, the Company will forward the collected dues, minus a three and a half percent administrative fee, to the Union.…
- 2004 Words
- 9 Pages
Good Essays -
The National Labor Relations Board (NLRB) is an independent federal agency with the power to safeguard employees' rights to organize and to determine whether to have unions as their bargaining representative. The NLRB also acts to prevent and remedy unfair labor practices committed by private sector employers and unions. The NLRB protects the rights of most private-sector employees to join together, with or without a union, to improve their wages and working conditions. If you believe your rights have been violated, or that an employer or a union has engaged in unlawful conduct, employees may file a charge through various regional offices. Petitions for representation and decertification elections may also be filed at regional offices. I will be discussing the rights that the NLRB protect.…
- 750 Words
- 3 Pages
Good Essays