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A bargaining unit, in labor relations, is a group of employees with a clear and identifiable community of interests who is (under US law) represented by a single labor union in collective bargaining and other dealings with management. Examples are non-management professors, law enforcement professionals, blue-collar workers, and clerical and administrative employees. Geographic location and the number of facilities included in bargaining units may be issues during representation cases.
The size of a company does not relate to the size of a bargaining unit. Bargaining units must consist of at least three employees, and must have the support of a majority of employees in the bargaining unit. However, the bargaining unit can be a small portion of a large company if no other employees are members of a union.
The Railway Labor Act is a United States federal law on US labor law that governs labor relations in the railroad and airline industries. The Act, enacted in 1926 and amended in 1934 and 1936, seeks to substitute bargaining, arbitration and mediation for strikes to resolve labor disputes. Its provisions were originally enforced under the Board of Mediation, but they were later enforced under a National Mediation Board.
The National Labor Relations Act of 1935 is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and take collective action such as strikes. Central to the act was a ban on company unions. The act was written by Senator Robert F. Wagner, passed by the 74th United States Congress, and signed into law by President Franklin D. Roosevelt.
The Labor Management Relations Act of 1947, better known as the Taft–Hartley Act, is a United States federal law that restricts the activities and power of labor unions. It was enacted by the 80th United States Congress over the veto of President Harry S. Truman, becoming law on June 23, 1947.
Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. The collective agreements reached by these negotiations usually set out wage scales, working hours, training, health and safety, overtime, grievance mechanisms, and rights to participate in workplace or company affairs.
Featherbedding is the practice of hiring more workers than are needed to perform a given job, or to adopt work procedures which appear pointless, complex and time-consuming merely to employ additional workers. The term "make-work" is sometimes used as a synonym for featherbedding.
In labor law, a union shop, also known as a post-entry closed shop, is a form of a union security clause. Under this, the employer agrees to either only hire labor union members or to require that any new employees who are not already union members become members within a certain amount of time. Use of the union shop varies widely from nation to nation, depending on the level of protection given trade unions in general.
United States labor law sets the rights and duties for employees, labor unions, and employers in the United States. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "organized in the corporate or other forms of ownership association". Over the 20th century, federal law created minimum social and economic rights, and encouraged state laws to go beyond the minimum to favor employees. The Fair Labor Standards Act of 1938 requires a federal minimum wage, currently $7.25 but higher in 29 states and D.C., and discourages working weeks over 40 hours through time-and-a-half overtime pay. There is no federal law, and few state laws, requiring paid holidays or paid family leave. The Family and Medical Leave Act of 1993 creates a limited right to 12 weeks of unpaid leave in larger employers. There is no automatic right to an occupational pension beyond federally guaranteed social security, but the Employee Retirement Income Security Act of 1974 requires standards of prudent management and good governance if employers agree to provide pensions, health plans or other benefits. The Occupational Safety and Health Act of 1970 requires employees have a safe system of work.
The duty of fair representation is incumbent upon U.S. labor unions that are the exclusive bargaining representative of workers in a particular group. It is the obligation to represent all employees fairly, in good faith, and without discrimination. Originally recognized by the United States Supreme Court in a series of cases in the mid-1940s involving racial discrimination by railway workers' unions covered by the Railway Labor Act, the duty of fair representation also applies to workers covered by the National Labor Relations Act and, depending on the terms of the statute, to public sector workers covered by state and local laws regulating labor relations.
The National Labor Relations Board, an agency within the United States government, was created in 1935 as part of the National Labor Relations Act. Among the NLRB's chief responsibilities is the holding of elections to permit employees to vote whether they wish to be represented by a particular labor union. Congress amended the Act in 1947 through the Taft–Hartley Act to give workers the ability to decertify an already recognized or certified union as well. This article describes, in a very summary manner, the procedures that the NLRB uses to hold such elections, as well as the circumstances in which a union may obtain the right to represent a group of employees without an election.
Union busting is a range of activities undertaken to disrupt or prevent the formation of trade unions or their attempts to grow their membership in a workplace.
Card check is a method for employees to organize into a labor union in which a majority of employees in a bargaining unit sign authorization forms, or "cards", stating they wish to be represented by the union. Since the National Labor Relations Act (NLRA) became law in 1935, card check has been an alternative to the National Labor Relations Board's (NLRB) election process. Card check and election are both overseen by the National Labor Relations Board. The difference is that with card sign-up, employees sign authorization cards stating they want a union, the cards are submitted to the NLRB and if more than 50% of the employees submitted cards, the NLRB requires the employer to recognize the union. The NLRA election process is an additional step with the NLRB conducting a secret ballot election after authorization cards are submitted. In both cases the employer never sees the authorization cards or any information that would disclose how individual employees voted.
Labor relations is a field of study that can have different meanings depending on the context in which it is used. In an international context, it is a subfield of labor history that studies the human relations with regard to work – in its broadest sense – and how this connects to questions of social inequality. It explicitly encompasses unregulated, historical, and non-Western forms of labor. Here, labor relations define "for or with whom one works and under what rules. These rules determine the type of work, type and amount of remuneration, working hours, degrees of physical and psychological strain, as well as the degree of freedom and autonomy associated with the work."
The Employee Free Choice Act is the name for several legislative bills on US labor law which have been proposed and sometimes introduced into one or both chambers of the U.S. Congress.
NLRB v. Hearst Publications, 322 U.S. 111 (1944), was an administrative law case heard before the United States Supreme Court. The case concerned the meaning of the term "employees" in the National Labor Relations Act (NLRA).
A union organizer is a specific type of trade union member or an appointed union official. A majority of unions appoint rather than elect their organizers.
A collective agreement, collective labour agreement (CLA) or collective bargaining agreement (CBA) is a written contract negotiated through collective bargaining for employees by one or more trade unions with the management of a company that regulates the terms and conditions of employees at work. This includes regulating the wages, benefits, and duties of the employees and the duties and responsibilities of the employer or employers and often includes rules for a dispute resolution process.
NLRB v. Mackay Radio & Telegraph Co., 304 U.S. 333 (1938), is a US labor law case of the US Supreme Court which held that workers who strike remain employees for the purposes of the National Labor Relations Act (NLRA). The Court granted the relief sought by the National Labor Relations Board, which sought to have the workers reinstated by the employer. However, the decision is much better known today for its obiter dicta in which the Court said that an employer may hire strikebreakers and is not bound to discharge any of them if or when the strike ends.
The Burke Group is a U.S.-based international management consulting firm. Formally known as Burke International and founded in 1982 by Steven J Burke Sr., the company has headquarters in Canberra, Australia; Casper, Wyoming, United States; Los Angeles, United States and London, United Kingdom.
Mitbestimmungsgesetz 1976 or the Codetermination Act 1976 is a German law that requires companies of over 2000 employees to have half the supervisory board of directors as representatives of workers, and just under half the votes.
Howard Johnson Co. v. Detroit Local Joint Executive Board, 417 U.S. 249 (1974), is a US labor law case that decided that under the Labor Management Relations Act § 301 there can be no obligation on an employer to collectively bargain with employees of a business that has been transferred to him.