Collective bargaining is the negotiation that takes place between employees and employers regarding rules in the workplace, working hours, work conditions, and wages. It provides a positive view for workers to maintain that shows they have power over the above-mentioned items. Commonly, collective bargaining is accomplished by a union, which provides, for the employer, an efficient way of responding and communicating with the workers. This is accomplished through a representative, or spokesperson, employed by the union on behalf of the member employees. Not all collective bargaining is seen as good, it all depends on the parties negotiating with each other.
In order to make collective bargaining successful unions, and their members, must reach a greater understanding of all aspects and conditions with the company that employs the members. Concessions must be made on both ends to achieve a result that is satisfactory and improving. Common grounds for agreement include wages, hours, and the conditions in the workplace. Occasionally, when concessions can’t be reached strikes may result.
The New Deal Era (1930’s) pushed for the legalization of collective bargaining among several other labor laws, which resulted in the formation of unions. When looking back, the result of collective bargaining can be seen around the world. Countries worldwide have unions to protect both employees and companies, and even governments. China, for example, maintains labor unions to pacify angry workers and aid in keeping governmental control. Without collective bargaining statutes how could unions exist? Employees would not have the protection, the negotiation capabilities, or the assistance in finding new work. The Wagner Act also provid...
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...rrible for the common man, leading me to believe that it would be a poor decision period.
Works Cited
Hatch, O., Labor Law Reform – Yesterday v. Today. Oct 4th, 2010 from the United States Senator Orrin G. Hatch World Wide Web: http://hatch.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=1801&Month=5&Year=2007.
Johnson, C., Remark on Jack Ross’s Labor and Liberty. Oct 2nd, 2010 from the World Wide Web: http://charleswjohnson.name/remarks/2005/12/28/ros.
Morris, C., Book Reviews. The Blue Eagle at Work: Reclaiming Democratic Rights At the American Workplace. Oct 3rd, 2010 from the World Wide Web: http://www.blackwell-synergy.com/doi/pdf/10.1111/j.1472-9296.2005.00180.x?cookieSet=1.
US DOL, The Walsh-Healy Public Contracts Act, As Amended, Oct 4th, 2010 from the World Wide Web: www.osha.gov/pls/epub/wageindex.download?p_file=F15772/…
Sloane. A. A., Witney, F. (2010). LABOR RELATIONS (13th editions). Prentice Hall. Upper Saddle River, NJ
Modern democratic ideas were sprouting in America, especially within the organized labor movement from 1875 to 1900. During this period, blue-collar industrial Americans sought to abate their plight through the formal use of collective bargaining and the voice of the masses; seeking to use their strength in numbers against the pocket-heavy trusts. America’s rise in Unions can be traced back to 1792, when workers in Philadelphia formed America’s first union which instituted the avant garde method collective bargaining. It is because of these grass roots that America’s organized labor has continued to grow to this day, however not unchallenged. The challenges unions face today stem directly from the challenges faced in 1875. The organized labor movement from 1875 to 1900 is to blame for the problems unions face today as early labor unions crucified themselves politically, alienated themselves socially and failed to increase the socio-economic position of the worker, and in many cases only succeeded in worsening such positions.
David Brody argues that the rise of contractual or collective bargaining relationships during the post WWII era formalized the relationship between employers and unions, but simultaneously began to put a break on shop floor activism. Explain Brody’s argument and, where relevant, incorporate Weber’s theory of bureaucracy.
Throughout the history of the United States of America the continuation of misfortunes for the workforce has aggravated people to their apex, eventually leading to the development of labor unions.
Wallerstein, M. & Western, B. 2000. Unions in Decline? What Has Changed and Why? Annual Review of Political Science. 3: 355-377.
During the Gilded Age activists tried improving the conditions of workers and the poor in many ways. In a few ways they were moderately successful but mostly philanthropists didn’t succeed. Between 1875 and 1900 the organized labor, overall, didn’t improve the position of the workers, making them unsuccessful.
Beginning in the late 1700’s and growing rapidly even today, labor unions form the backbone for the American workforce and continue to fight for the common interests of workers around the country. As we look at the history of these unions, we see powerful individuals such as Terrence Powderly, Samuel Gompers, and Eugene Debs rise up as leaders in a newfound movement that protected the rights of the common worker and ensured better wages, more reasonable hours, and safer working conditions for those people (History). The rise of these labor unions also warranted new legislation that would protect against child labor in factories and give health benefits to workers who were either retired or injured, but everyone was not on board with the idea of foundations working to protect the interests of the common worker. Conflict with their industries lead to many strikes across the country in the coal, steel, and railroad industries, and several of these would ultimately end up leading to bloodshed. However, the existence of labor unions in the United States and their influence on their respective industries still resonates today, and many of our modern ideals that we have today carry over from what these labor unions fought for during through the Industrial Revolution.
The Industrial Revolution that took place after the Civil War made for a more economically sound country. American workers, however, were becoming more and more dependent upon their wages; a fear of unemployment also stemmed from this. Workers didn’t share in the benefits that their employers reaped. In a chart representing the hours and wages of industrial workers, from 1875 to 1891, it shows that even though their wages were subtly increasing, their 10-hour work day remained the same (Doc. A). Factories were headed by large corporations; this, in turn, meant that new machines lessened the amount of workers in certain fields. As a result of these unsuitable conditions, labor unions were formed. The challenges that these unions faced weren’t easy. If the workers involved in organized labor got too far out of line, these corporations could get federal authorities involved. Moreover, these companies could enforce “ironclad oaths” upon their employees. In a Western Union Telegraph Company employee contract, in 1883, it states that the employee will not be affiliated with any societies or organizations (Doc. E). Despite such setbacks, by 1872 there were over 32 national unions.
Collective bargaining in the private sector is more common, the public sectors are usually run by the state, and have their own laws (Varone, 2012). Public employees have no constitutional right to bargain collectively. There are only a few states that have it in their state constitution (Varone, 2012). Collective bargaining for public sector is probably run by ordinances, statutes, and executive order. When dealing with the civil service it is usually straight across the board, the International Association of Firefighters is the main advocate for firefighters (Varone, 2012). In the public sector when dealing with collective bargaining they are restricted on what they can do. A lot of states and municipalities have the people vote for collective bargaining rights and what it entails.
Throughout American history, labor unions have served to facilitate mediation between workers and employers. Workers seek to negotiate with employers for more control over their labor and its fruits. “A labor union can best be defined as an organization that exists for the purpose of representing its members to their employers regarding wages and terms and conditions of employment” (Hunter). Labor unions’ principal objectives are to increase wages, shorten work days, achieve greater benefits, and improve working conditions. Despite these goals, the early years of union formation were characterized by difficulties (Hunter).
Mandatory subject of bargaining, are the subjects or potential points that are normally specific to all collective bargaining such as wages, benefits, working conditions and length of contract. Based on these very important subjects it is clear why they are considered a “Mandatory Subject” as points of the bargaining unit. In the article, “The Mandatory - Permissive Distinction and Collective Bargaining Outcomes” the author explains how collective bargaining can involve some very essential points to be effective and without these standard subjects to be bargained over the bargaining process will not be effective. “An analysis of the potential impact of the distinction in a controlled setting indicates that unions negotiate less favorable nonwage
Labour and Employment Law. Cincinnati, OH: South-Western Publishing Company.
The laws and regulations surrounding Industrial Relations since the 1900’s have, at each reform, placed tighter constraints on the amount of power unions are able to exert. The reforms have also radically increased managerial prerogative, through an increased use of individual bargaining, contracts and restrictions imposed on unions (Bray and Waring, 2006). Bray and W...
Traditional literature in the field of labor relations has focused immensely on its benefit towards the employer and in the process equating it to working rules. This has been so despite the field being expected to cover the process of, labor management, union formation, and collective bargain; all which are anticipated to create a positive employer-employee relationship. This relationship is said to be positive if there exist a balance between employment functions and the rights of the laborer. Also important to note, is that this relation is equally important to the public sector as it is to the private one. Therefore, to ensure a mutually conducive labor environment exists, effective labor management process and inclusive negotiation program should be adopted (Mulve 2006; Walton, 2008).
Collective bargaining may happen in several kinds of fields, ranging politics to sports. It allows appropriate settlement of disputes and issues that benefit both parties involved, producing a result that is not one-sided. Collective bargaining is “the negotiation of wages and other conditions of employment by an organized body of employees” (Beal, Wickersham, & Kienast 5). Four issues that are probable components of a collective bargaining agreement are: