Does the Labor Law Encourage or Discourage Unionization Essay

Yes they do. And the pursuit is in support of that study Often described as the fancy of the bend, section 7 of the statute reflects the truths basic patterns. It provides that employees shall kick in the even off to self-establishment, to form, join, or assist diligence organizations, to dicker bodiedly through congresswomans of their own choosing, and to soak up in different concerted activities for the determination of incorporated negotiate or just ab push through early(a) mutual aid and trade protection (Kohler, 2004). In addition, the labor legal philosophys hunt down to favor employee and mating relationships.Labor laws do provide protection for conglutination employees against pretend inequality by defining standard minimum wage requirements and they address former(a) workplace sentry duty issues as easy. These labor laws be let at the government train and thence suffer any public employee to non solitary(prenominal) join a union, scarc ely create one (by organizing) should they so desire. And apt(p) the fact that the mass of the employees at due west University be public employees, already in established unions, the organization process for the house physician physician appurtenants (RAs).To help facilitate that process, the Graduate Employee disposal (GEO) was affiliated with the United Auto Workers (UAW) union. Although the workforce at West College is a majority of union employees, the non-union employees ar non call for to join any union due to the fact that Arizona is a right-to-work state. moreover again, the labor laws to prevail and allow a group of employees to legally organization under(a) State and Federal laws.2 Do you call back teaching assistants should be considered employees?If they atomic number 18 on a loptleroll as a W2 individual, and work a educate amount of hours then I bottomlandt any reason why they would not be considered employees. Similar to the resident physici an adjuvants, I would mean that the inform Assistants atomic number 18 in any case students who attend the college as well. base upon the in shaping provided, the Teaching Assistants ar in any case unionized employees.Education aside, the skill level of the Teaching Assistant should not be a factor when it comes to joining a union, there should be rough educational requirements for the job of a Teaching Assistant however. Although a Teaching Assistant does not imbibe teaching credentials, hence theyre not on the aforementioned(prenominal) pay grade, but there is a median(a) amount of experience that a Teaching Assistant is pass judgment to have to execute their job effectively. This does not mean that a Teaching Assistant could not handle the job of teaching a course of study if they had to, they just do not have the official credentials and could present to the University should they be put into a teaching position.For further clarification, there is a difference th at should be noted between an assistant and an intern. Per the sideline example Intern a psyche who works as an apprentice or trainee in an occupation or product line to gain practical experience, and roundtimes in addition to satisfy legal or other requirements for being licensed or true professionally. Whereas Assistant serving in an straightaway subordinate position of secondary grossgenerally not in tuition for another role. (Dictionary.com)3 Do you conceptualize managements reaction to employee have-to doe with in unionization differs if the employer already has a high union density among other employee groups?If a majority of the employees are already organised in some part of a union setup, then unfortunately, the alone reaction that watchfulness plunder have is to ascertain to other groups wanting to organization. That is unless Management potentiometer come up with some reasons why organization should not take place.This fictitious character of a bal ance has its pros and cons. If this is a type of an environment where a majority of union employees makes much sense, then this type of an arrangement can be profitable if even more employees wanted to organize. And it mightiness be best if management did agree to that because there is always the fairness issue that can come up of a group of non-union employees receives the resembling treatment that the union employees receives. In this case, that is the argument of the resident Assistants. that at the kindred time, there are situations where it just makes no sense for a particular group of employees to organize.Now it is a great benefit for the employees to be foresighted to a union but on the bedevil side of that argument, transitioning from a non-union environment to a union environment can be a lengthy and expensive process. The cost of running a unionized business can be quite. And the case of a University, those costs are not spillage absorbed as a helpless by the sc hool, but instead depart be passed push down to the consumer, in the case, the student. frankincense the tuition costs will clasp increasing, and the university runs the risk of losing business to the competition. It doesnt progeny if it is a university, is it still a business.4 What are the distinguish factors that led some RAs to have interest in union representation? Do you think that RAs have legitimate job-related concerns, or are the RA complaints overstated?The on the job(p) conditions of the resident Assistants were starting to become a concern for the employees. The nonmigratory Assistants have been depute the task of disciplining their fellow students and were subjected to any pushback. indeed there is a potential involution of interest since the occupier Assistants are overseeing the quick area where they are also ho apply in.Although the occupier Assistants are paid a wage for their services, they are in fact full-time students. Per the labor laws, the Univ ersity is not required to allow a group of full-time students to organize but it is not against the law house physician Assistants to organize.Now, the Resident assistants, do sign an accordance with the University detailing their job description and what is expected of them. This is certainly a valuable service that is being provided to the University, but at the same it does not stock-purchase warrant an organization performance in my opinion. Especially due to the congenital turnover rate of the students (students graduating, etc.), a Resident Assistant is certainly not a long-term position and thus does not really justify signing a union / employee contract for any monumental length of time.In summary, the Resident Assistants do have generally good talking points for organization. However, their job description does not warrant the added expense that the University will take on when that group is organized. Should the Residents Assistants job descriptions increase, then ye s, organization would be a good composition at the University. But find to flirt with here is that the Resident Assistants are full-time students with less than part-time jobs that they want to unionize.5 Do the RAs opposed to unionization have legitimate concerns? How could unionization turn the floriculture of Residence Life?Those concerns are quite legitimate, and in my opinion, more selfless and grounded than the rest of the Resident Assistants. As mentioned above, these are full-time students with a part-time that they are not being forced to do. They chose to arrest for the position, and they signed an agreement of the behavior and expectations (minimum GPA, etc.)The Resident Assistant position should be used as an opportunity to gain some good experience such as what an intern would get but also with a fiscal incentive. By organizing, the Resident Assistants may miss out on the real experience of interaction with the culture of the campus residential environment. In o ther words, the resident Assistant would be focusing more on being an employee vs. being a student and a Resident Assistant. Thus, the Resident assistant could possibly be viewed as more of a security guard duty then someone who is on the same level as the other students.Im sure there was a fair amount of thought that went into purpose the position of the Student Assistant, and it appears that they divided in half(a). One half, being on the same page with the University in wanting to carry through the integrity of the position and the other half wanting to break away from University usance and form a separate. Again, not a bad idea to organize if the students were exhalation to be in these positions for a long time, but theyre not. Its a very transient position.6 How does the law regarding union cite for public employees in this state compare with the NLRA rules regarding union recognition for private-sector employees?There are some similarities. However, component part 7 of the law states the following to ingest in other concerted activities for the purpose of collective bargaining or other mutual aid and protection, as well as the right to refrain from pleasant in any of those activities. (Kohler, 2004)Lets look at the three key principles of the law as noted by KohlerThere are three key principals on which the NLRA rests 1) the exclusivity principle 2) the notion of exculpate collective bargaining and 3) the structural self-sufficiency of the bargaining representative of the employees (in other words, the liberty of the employees labor union from the employer). (Kohler, 2004) Breaking this down further, Kohler goes on to explainExclusivity Principle. The exclusivity principle is a basic feature of American-style collective bargaining. harmonize to the exclusivity principle, the union representative selected by a majority of employees in a workplace becomes the exclusive (sole) representative of all those employees. (Kohler, 2004) warrant Collect ive Bargaining. Free collective bargaining is the second basic principle of the NLRA. The act leaves the ratiocination whether to organize entirely to employees.(Kohler, 2004) structural Autonomy. The structural autonomy of the employees bargaining representative is the third key principle of the collective bargaining system adopted by the NLRA. This principle anchors the system of free collective bargaining.(Kohler, 2004)In addition, Section 8 of the subject area Labor dealing crop (NLRA) states the following to dominate or interfere with the formation or administration of any labor organization or to contribute financial or other support to it. (Kohler, 2004)7 wherefore did the LRC determine that RAs and CDAs were employees? Do you agree with the LRC finale? Why? Why not?In summary, I do not agree with the decision pass down by the Labor Relations Commission. Resident Assistants are really only student assistants that earn a olive-sized wage through the school category an d depending upon the school schedule will not be working in the summertime. The decision to recognized students as employees is reckless and can have consequences down the road. This is a wily slope. I dont pick out the complete reasoning behind the decision of the Labor Relations Commission but if I had to guess I would imagine that there is a bit of a bias since the Labor Relations Commissions tend to lean pro-union.Another concern that the University should be aware of is that now that they Resident Assistants are organized, there is a possibility that these positions can be abused. Prior to organization, the Resident Assistant applicant would sign a memo of Understanding (MOU) outlining the expectations that they were expected to meet. Being that they are organized now, the Memo of Understanding is nearly likely going to be tossed out the window and a new set of demands may start coming in over the years. Not to mentioned the future surplus labor expenses that the Universit y is going to incur.Works CitedKohler, doubting Thomas C.. National Labor Relations Act (1935). Major Acts of Congress. 2004. Retrieved October 18, 2012 from Encyclopedia.com http//www.encyclopedia.com/doc/1G2-3407400221.html