(September 27, 2009)
1. Define and discuss the term “collective bargaining.” Include and discuss [showing relevance or applicability] a current web-based news item/magazine article about a real life example of a collective bargaining action. Write a succinct and complete summary on the contents of the article you've provided along with your critical comments about that article. Support your findings with referenced research. (5 points)
The Honolulu Advertiser recently published an article which cites on-going contract bargaining negotiations between the University of Hawaii (UH) Professional Assembly (who represents the faculty) and UH (http://www.honoluluadvertiser.com/article/20090918/news07/909180373). Currently, negotiations are at a stale-mate due to UH submitting its final contract offer to the UH Professional Assembly asking for a 5% pay reduction as well as a 10% reduction in the state’s contribution to their health insurance premiums. Due to this final offer issuing an ultimatum stating that the university will be “unilaterally imposed if not accepted by the union,” may force the union “to take legal action or strike.” The reasons cited by the university for their terms are despite increased enrollment, they’ve experienced significant budget reductions.
This article is a great example of collective bargaining because the faculty is afforded the opportunity to have some efficiency, equity, and voice (Labor Relations, pg. 7-12) regarding their work terms. Additionally, this article also displays the definition of multilateral bargaining which is negotiating between multiple parties which in this case include: Board of Regents, the UH president, and the State’s Governor (Labor Relations, pg 296) Unfortunately this particular case is affected by the economic element for the bargaining environment due to the reduced budget cuts. (Labor Relations, pg 286)
2. Identify three laws that support collective bargaining. Include and discuss [showing relevance or applicability] a current web-based news item/magazine article about each. Write a succinct and complete summary on the contents of the article you've provided along with your critical comments about that article. Support your findings with referenced research. (30 points)
The National Labor Relations Act of 1935, also known as the (Wagner Act), supports collective bargaining by eliminating the disparities in equity between Labor and the Employer, as well as protects labor’s right to unionize should they so desire. This law was initiated due to previous legislation being ruled unconstitutional, and placed more emphasis on law for private sector labor. (Labor Relations, pg 166)
The following link: http://stlouis.bizjournals.com/stlouis/stories/2009/08/03/daily52.html cites an article about the Lumiere Place and President Casino of violating labor laws recognizing the employee’s union as their bargaining agent by the regional National Labor Relations Board (NLRB), office in St. Louis. After reviewing this article in its entirety, this case evolved over an issue resulting from a misunderstanding by the employer as to the exclusive representation of the majority of employees, and the employer’s stance appears to stem from this requirement of the Wagner act.
Another law designed to support collective bargaining and protect union members’ from corruption from its union leaders is the Landrum-Griffin act. A perfect violation of this law is the City of New York against New York City’s Carpenter’s union. See ad link at: http://www.nytimes.com/2009/08/06/nyregion/06indict.html. The union’s leadership is accused of accepting bribes by allowing contractors to rip off the workers, and in return, the union leadership would overlook these offenses and provide no representation which is totally contradictory to the purpose of union affiliation.
The third law...