Whistleblower
Case Studies:
4.1 & 5.2
Labor/Management Relations
June 15, 2013
The labor and management sides both have a great deal of power regarding workplace rules and conditions. The management side has the power to choose the labor relations strategy that it thinks will best suit its needs. The strategies chosen are determined by several things like “managerial philosophy, [or] the ethics of its management” (Holley et al, 2008, pg 119). It seems as though today most large organizations prefer a union avoidance approach, placing emphasis on “positive human resources management” (Holley et al 2008, pg, 120).
4.1
In the case of Paul Sanchez, the labor side has the power to sue the union if the employee’s thinks they have violated his rights. According to Dr. O’Neal, “Title I preserves the right of any union member to sue the union” (Milestone). Sanchez requested a non-union translator for the meetings to maintain neutrality during the proceedings. The use of a neutral translator ensures his viewpoints are presented in a non-bias manner. The union side in this case has the responsibility and power to develop “reasonable rules pertaining to the conduct of meetings” (Holley et al, 2008, pg 173). On one hand, the meetings have a very low attendance, maybe too low to warrant the expense of a neutral translator. On the other hand they may want to hire the translator to show everyone’s voice counts, even when attendance is low. The legality of adopting a rule requiring candidates to be bi-lingual may be construed as legal under Title IV sec. 401 if the rule is “uniformly imposed” (Holley et al, 2008, pg.173). The real question is whether the requirement to be bi-lingual is a “reasonable qualification” (Holley et al, 2008, pg. 173). If the member/candidate best qualified for the job only speaks one language then it may be more beneficial for all concerned to hire an outside translator.
5.2
1 The reasons for a labor union’s desire to organize the TAs, RAs
4.1 & 5.2
Labor/Management Relations
June 15, 2013
The labor and management sides both have a great deal of power regarding workplace rules and conditions. The management side has the power to choose the labor relations strategy that it thinks will best suit its needs. The strategies chosen are determined by several things like “managerial philosophy, [or] the ethics of its management” (Holley et al, 2008, pg 119). It seems as though today most large organizations prefer a union avoidance approach, placing emphasis on “positive human resources management” (Holley et al 2008, pg, 120).
4.1
In the case of Paul Sanchez, the labor side has the power to sue the union if the employee’s thinks they have violated his rights. According to Dr. O’Neal, “Title I preserves the right of any union member to sue the union” (Milestone). Sanchez requested a non-union translator for the meetings to maintain neutrality during the proceedings. The use of a neutral translator ensures his viewpoints are presented in a non-bias manner. The union side in this case has the responsibility and power to develop “reasonable rules pertaining to the conduct of meetings” (Holley et al, 2008, pg 173). On one hand, the meetings have a very low attendance, maybe too low to warrant the expense of a neutral translator. On the other hand they may want to hire the translator to show everyone’s voice counts, even when attendance is low. The legality of adopting a rule requiring candidates to be bi-lingual may be construed as legal under Title IV sec. 401 if the rule is “uniformly imposed” (Holley et al, 2008, pg.173). The real question is whether the requirement to be bi-lingual is a “reasonable qualification” (Holley et al, 2008, pg. 173). If the member/candidate best qualified for the job only speaks one language then it may be more beneficial for all concerned to hire an outside translator.
5.2
1 The reasons for a labor union’s desire to organize the TAs, RAs
References: Employee Rights, NLRA, 2013, http://www.dol.gov/olms/regs/compliance/EmployeeRightsPoster11x17_Final.pdf Holley, Jennings & Wolters, The Labor Relations Process, South-Western/Cengage, 2008 IRS, Jan. 14, 2013, http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Employee-(Common-Law-Employee) Milestone Documents. "Landrum-Griffin Act." Accessed June 16, 2013. http://www.milestonedocuments.com/documents/view/landrum-griffin-act/text Summary of Federal Laws. (2013). The Catholic University of America. http://counsel.cua.edu/fedlaw/lmra1947.cfm