03 May ANALYZE THE IMPACT OF HISTORICAL CONTEXT ON UNION-MANAGEMENT RELATIONS.
Write a 3–full-page analysis about the role of unions in the twenty-first century.Some argue that the traditional role of the union in protecting the worker has been usurped by significant legislation protecting the worker against discrimination, unsafe work conditions, and unfair pay. Others point out that unions remain indispensable for several reasons, including that “at-will” employment remains the law of the land and that most workers can be fired for any reason.SHOW LESSBy successfully completing this assessment, you will demonstrate your proficiency in the following course competencies and assessment criteria:
Competency 1: Develop a foundational understanding of employment law and labor law.
Analyze the impact of historical context on union-management relations.
Competency 2: Analyze the application of legal thinking strategies to human resource management (HRM) law.
Analyze the role of labor unions in contemporary American business and manufacturing.
Competency 3: Apply legal thought to human resource (HM) practices in the workplace.
Assess how the presence of a union impacts the job of a human resources professional.
Competency 4: Communicate in a manner that is scholarly and professional.
Communicate in a professional manner, using scholarly resources that support the analysis through clear, concise, well-organized, and grammatically correct writing that incorporates appropriate APA style conventions.
Competency Map
CHECK YOUR PROGRESSUse this online tool to track your performance and progress through your course.
Toggle Drawer
CONTEXT
“The history of all hitherto existing society is the history of class struggles” (Marx & Engels, 1888).SHOW LESSThe three primary federal laws regulating union activity are the National Labor Relations Act (NLRA) (1935), also known as the Wagner Act; the Labor Management Relations Act (LMRA) (1947), also known as the Taft-Hartley Act; and the Labor Management Reporting and Disclosure Act (1959), also known as the Landrum-Griffith Act. These acts reflect the attitude of the times in which they were enacted, regarding unions and the power struggle between unions and management.Historically, the legislation, laws, and labor movements at both state and federal levels have experienced periods of harmony and conflict. A study of union history shows how legislation and lawmaking can be affected by popular opinion. In the early nineteenth century, it was not uncommon for any group employee action to be labeled a criminal conspiracy. The change in the view of the law from a focus on association to the means affected to achieve an objective occurred with the decision in Commonwealth v. Hunt (1842). This case was considered a milestone in the labor movement; however, it did not settle the legal issues, and the courts continue to struggle with the legality of union activities. The public view of the violence and unrest accompanying labor actions was often that employers were responsible, particularly in cases where strikebreakers were hired. Public sentiment and unsatisfactory common law led to the passage of the NLRA in 1935.The Assessment 5 Context document contains additional information about labor relations, covering the following topics:
National Labor Relations Board (NLRB).
Labor Management Relations Act (LMRA).
Labor Management Reporting and Disclosure Act (LMRDA).
References
Commonwealth v. Hunt, 45 Mass 111 (1842).Marx, K., & Engels, F. (1888). The communist manifesto. London, UK: Penguin Classics.
Toggle Drawer
QUESTIONS TO CONSIDER
As you prepare to complete this assessment, you may want to think about other related issues to deepen your understanding or broaden your viewpoint. You are encouraged to consider the questions below and discuss them with a fellow learner, a work associate, an interested friend, or a member of your professional community. Note that these questions are for your own development and exploration and do not need to be completed or submitted as part of your assessment.SHOW MORE
Toggle Drawer
RESOURCES
SUGGESTED RESOURCES
The resources provided here are optional. You may use other resources of your choice to prepare for this assessment; however, you will need to ensure that they are appropriate, credible, and valid. The MBA-FP6249 – Organizations, Governance, and the Law Library Guide can help direct your research, and the Supplemental Resources and Research Resources, both linked from the left navigation menu in your courseroom, provide additional resources to help support you.
Capella Resources
Assessment 5 Context.
ASSESSMENT 5 CONTEXT
NATIONAL LABOR RELATIONS BOARD (NLRB)
The NLRA established the National Labor Relations Board (NLRB) to regulate labor management disputes. The NLRA forbids an employer from interfering with or restricting employees wishing to organize, bargain collectively, or participate in concerted activities. The employer may not interfere with the formation of any labor organization or discriminate in a way that would discourage participation in a labor organization. It may not retaliate against an employee who files charges or testifies under the NLRA, and may not refuse to bargain collectively with the employees representative.
LABOR MANAGEMENT RELATIONS ACT (LMRA)
In 1947, Congress, under pressure to curb the increasing power of unions, passed the Labor Management Relations Act (LMRA). The LMRA focused on stopping unfair union practices. The LMRA “forbids unions from coercing or restraining employees in exercising their rights” (SHRM, 2008) under the NLRA. Employees have the right to select their representatives for bargaining or adjustment of grievances. Unions cannot cause or attempt to cause an employer to discriminate against an employee or encourage a work stoppage in order to gain advantage in union matters, or charge excessive fees to employees and employers. If the union is the collective bargaining agent of the employees, it cannot refuse to bargain in good faith (Labor Management Relations Act, 1947).
LABOR MANAGEMENT REPORTING AND DISCLOSURE ACT (LMRDA)
In an attempt to balance the interests of employees, employers, and unions, Congress passed the Labor Management Reporting and Disclosure Act (LMRDA). The statute imposes a code of conduct for all parties and requires a standard of fair dealing. The NLRA is built on the premise of the bargaining unit. For the purposes of NLRA, the bargaining unit is a group of employees who perform similar work and have similar interests with regard to pay, hours, and workplace conditions. A bargaining unit is made up of job classifications, not individual workers. It may be a unit spanning different companies or only part of one company (Labor Management Reporting and Disclosure Act, 1959).There are three types of unionized work situations: the open shop, the agency shop, and the union shop. The LMRA did away with the closed shop, in which only union members could be hired.
The open shop does not require a worker to join the union or pay dues. This is the situation in right-to-work states.
The agency shop does not require the worker to join the union, but does require dues, whether or not a worker is a member.
The union shop requires the worker to join the union within a period of time. In this situation, only the employer may fire the worker.
Due to the LMRA, a worker can pay dues, not join the union, and not be fired (Labor Management Relations Act, 1947).
References
Our website has a team of professional writers who can help you write any of your homework. They will write your papers from scratch. We also have a team of editors just to make sure all papers are of HIGH QUALITY & PLAGIARISM FREE. To make an Order you only need to click Ask A Question and we will direct you to our Order Page at WriteDemy. Then fill Our Order Form with all your assignment instructions. Select your deadline and pay for your paper. You will get it few hours before your set deadline.
Fill in all the assignment paper details that are required in the order form with the standard information being the page count, deadline, academic level and type of paper. It is advisable to have this information at hand so that you can quickly fill in the necessary information needed in the form for the essay writer to be immediately assigned to your writing project. Make payment for the custom essay order to enable us to assign a suitable writer to your order. Payments are made through Paypal on a secured billing page. Finally, sit back and relax.
About Writedemy
We are a professional paper writing website. If you have searched a question and bumped into our website just know you are in the right place to get help in your coursework. We offer HIGH QUALITY & PLAGIARISM FREE Papers.
How It Works
To make an Order you only need to click on “Order Now” and we will direct you to our Order Page. Fill Our Order Form with all your assignment instructions. Select your deadline and pay for your paper. You will get it few hours before your set deadline.
Are there Discounts?
All new clients are eligible for 20% off in their first Order. Our payment method is safe and secure.