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Arbitration, in the context of the law of the United States, is a form of alternative dispute resolution. Specifically, arbitration is an alternative to litigation through which the parties to a dispute agree to submit their respective positions to a neutral third party for resolution. In practice arbitration is generally used as a substitute for litigation, particularly when the judicial process is perceived as too slow, expensive or biased. In some context, an arbitrator may be described as an umpire.
Mediation is a structured, interactive process where an impartial third party assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a "party-centered" process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that she/he manages the interaction between parties and facilitates open communication. Mediation is also evaluative in that the mediator analyzes issues and relevant norms ("reality-testing"), while refraining from providing prescriptive advice to the parties.
Strike action, also called labor strike, labour strike, or simply strike, is a work stoppage, caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Strikes became common during the Industrial Revolution, when mass labor became important in factories and mines. In most countries, strike actions were quickly made illegal, as factory owners had far more power than workers. Most Western countries partially legalized striking in the late 19th or early 20th centuries.
Adair v. United States, 208 U.S. 161 (1908), was a US labor law case of the United States Supreme Court which declared that bans on "yellow-dog" contracts were unconstitutional. The decision reaffirmed the doctrine of freedom of contract which was first recognized by the Court in Allgeyer v. Louisiana (1897). For this reason, Adair is often seen as defining what has come to be known as the Lochner era, a period in American legal history in which the Supreme Court tended to invalidate legislation aimed at regulating business.
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.
Employment is a relationship between two parties, usually based on contract where work is paid for, where one party, which may be a corporation, for profit, not-for-profit organization, co-operative or other entity is the employer and the other is the employee. Employees work in return for payment, which may be in the form of an hourly wage, by piecework or an annual salary, depending on the type of work an employee does or which sector they are working in. Employees in some fields or sectors may receive gratuities, bonus payment or stock options. In some types of employment, employees may receive benefits in addition to payment. Benefits can include health insurance, housing, disability insurance or use of a gym. Employment is typically governed by employment laws, organisation or legal contracts.
Solidarity action is industrial action by a trade union in support of a strike initiated by workers in a separate corporation, but often the same enterprise, group of companies, or connected firm.
Sidney Hillman was an American labor leader. He was the head of the Amalgamated Clothing Workers of America and was a key figure in the founding of the Congress of Industrial Organizations and in marshaling labor's support for Franklin Delano Roosevelt and the Democratic Party.
John Thomas Dunlop was an American administrator, labor economist, and educator. Dunlop was the United States Secretary of Labor between 1975 and 1976 under President Gerald Ford. He was Director of the United States Cost of Living Council from 1973 to 1974, Chairman of the United States Commission on the Future of Worker-Management Relations from 1993 to 1995, which produced the Dunlop Report in 1994. He was also arbitrator and impartial chairman of various United States labor-management committees, and a member of numerous government boards on industrial relations disputes and economic stabilization.
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 28 states, and discourages working weeks over 40 hours through time-and-a-half overtime pay. There are no federal or 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.
Trade unions in Malaysia are regulated by the Trade Unions Act of 1959..
The Amalgamated Clothing Workers of America (ACWA) was a United States labor union known for its support for "social unionism" and progressive political causes. Led by Sidney Hillman for its first thirty years, it helped found the Congress of Industrial Organizations. It merged with the Textile Workers Union of America (TWUA) in 1976 to form the Amalgamated Clothing and Textile Workers Union (ACTWU), which merged with the International Ladies' Garment Workers' Union in 1995 to create the Union of Needletrades, Industrial and Textile Employees (UNITE). UNITE merged in 2004 with the Hotel Employees and Restaurant Employees Union (HERE) in 2004 to create a new union known as UNITE HERE. After a bitter internal dispute in 2009, the majority of the UNITE side of the union, along with some of the disgruntled HERE locals left UNITE HERE, and formed a new union named Workers United, led by former UNITE president Bruce Raynor.
The Advisory, Conciliation and Arbitration Service (Acas) is a Crown non-departmental public body of the Government of the United Kingdom. Its purpose is to improve organisations and working life through the promotion and facilitation of strong industrial relations practice. It may do this through a number of media such as arbitration or mediation, although the service is perhaps best known for its collective conciliation function – that is resolving disputes between groups of employees or workers, often represented by a trade union, and their employers. Acas is an independent and impartial organisation that does not side with a particular party, but rather will help the parties to reach suitable resolutions in a dispute.
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.
The Industrial Conciliation and Arbitration Act 1894 was a piece of industrial relations legislation passed by the Parliament of New Zealand in 1894. Enacted by the Liberal Government of New Zealand, it was the world's first compulsory system of state arbitration. It gave legal recognition to unions and enabled them to take disputes to a Conciliation Board, consisting of members elected by employers and workers.
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation: a collective term for the ways that parties can settle disputes, with the help of a third party. However, ADR is also increasingly being adopted as a tool to help settle disputes alongside the court system itself.
A grievance is a formal complaint that is raised by an employee towards an employer within the workplace. There are many reasons as to why a grievance can be raised, and also many ways to go about dealing with such a scenario. Reasons for filing a grievance in the workplace can be as a result of, but not limited to, a breach of the terms and conditions of an employment contract, raises and promotions, or lack thereof, as well as harassment and employment discrimination.
A labor dispute is a disagreement between an employer and employees regarding the terms of employment. This could include disputes regarding conditions of employment, fringe benefits, hours of work, tenure, and wages to be negotiated during collective bargaining, or the implementation of already agreed upon terms. It could further concern the association or representation of those who negotiate or seek to negotiate the terms or conditions of employment.
South African labour law regulates the relationship between employers, employees and trade unions in the Republic of South Africa.
Golden State Transit Corp v City of Los Angeles, 475 U.S. 608 (1986), is a US labor law case, concerning the scope of federal preemption against state law for labor rights.
References
- ↑ Masse, Robert Jr. "History of Arbitration and Grievance Arbitration in the United States". West Virginia University Extension Service Institute for Labor Studies and Research.
- ↑ Elkouri, Frank (1985). "How Arbitration Works". Literary Licensing, LLC.Missing or empty
|url=(help) - ↑ Bognanno (1992). "Labor Arbitration in America". National Academy of Arbitration.Missing or empty
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