Collective Bargaining

Topics: Collective bargaining, National Labor Relations Act, Trade union Pages: 5 (1637 words) Published: September 17, 2009
Collective Bargaining
Collective bargaining is always mutual acceptance by labor and management of a collective bargaining agreement or contract. This paper will discuss the effect of right to work laws on union membership, the role of the National Labor Relations Board, the major provisions of the Taft-Hartley Act, the role Human Resources plays in collective bargaining initiatives, and discuss some of the key characteristics of collective bargaining industries. Union Membership

Any agreement between an employer and the union is banned in states that have a right-to-work law. The right-to-work law can generate a membership of union dues which is put in place either before or after hiring. Right-to-work laws believe that workers are entitled to join a union as well as refrain from joining a union. The states that are non-right-to-work are labeled forced-union states. Many forced union employers believe that it is wrong for unions to force them to accept the conditions given in their union agreements. In a unionized company every employee is required to either join the union or forfeit the union dues as a condition of employment. The right-to-work law creates a free-rider problem. Free riders are people who avoid paying for things because these things are ‘non-excludable’ — they are available to everyone, whether or not they have paid (Cradden, 2009). There are several benefits from a collective bargain without the payment of union dues to the non-union members. The free-riders or non-union members essentially get the same benefits as the union members for free. This makes it difficult for the unions to organize which in turn makes the union less appealing to the people who were interested in joining. Another adverse effect of a free-rider is that the union becomes weakened and it may not be able to create what it had promised.

National Labor Relations Board
The National Labor Relations Board was formed by congress in 1935. The NLRB is an independent federal agency formed to oversee the National Labor Relations Act. The National Labor Relations Act is the law that originated to govern the interactions between unions and employers in the private sector. The law guarantees that employees have the right to organize and bargain collectively with their employers. The NLRB can settle labor disputes and implement its decision in the federal courts. The NLRB is governed by a five member board and a General Counsel all of which are appointed by the president with consent. Members are appointed for a 5 year term and the General Counsel is appointed for 4 years. Two primary functions of the NLRB are that it has been formulated to avert and eliminate unfair labor practices. Secondly, the NLRB establishes whether or not organizations want union representation for the purpose of collective bargaining. If representation is desired by the employees then a union is decided upon. Taft-Hartley Act

Taft-Hartley Act is a federal law that was enacted in 1947. The Taft-Hartley Act is also known as the Labor Management Relations Act of 1947. This Act was started because of the increase of strikes in companies. Some amendments were made in the Taft Act according to the Wagner Act. The provisions of the Act were: that the unions are required to bargain with the employees fairly and in good faith, before going on strike a union has to give written notice, denial to bargain in good faith, effort to cause an employer to differentiate between the employees because of employee’s refusal to join a union, financial assistance to the political operations is not allowed, t is required that the labor unions desired to use the facilities of the NLRB should file certain organizational and financial data with NLRB, officers of the union must have the certificates which show that they are not the members of the Communist party (Major Union Legislation, 2007)....

References: Clark, P. F., Delaney, J. T. & Frost, A. C. (2003). Collective Bargaining in the Private
Cradden, C. (2009). The Free Rider Problem. Retrieved on August 16, 2009 from:
Gupta, C.B. (2007), Human resource Management. New Delhi: Sultan Chand & Sons.
Mamoria, C.B. & Gankar, S.V. (2002), Personnel Management. Himalaya Publishing
Kurian, V. (2005). `Collective bargaining key to protect labor interests '. Retrieved on
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