Legal Implicaiotn of human resource management Essay Example for Free

Legal Implicaiotn of human resource management Essay A union is an organization of workers, acting collectively, seeking to promote and protect its mutual interests through collective bargaining. However, before we can examine the activities surrounding the collective bargaining process, it is important to understand the laws that govern the labor-management process, what unions are and how employees unionize. Although the current percentage of the workforce that is unionized has declined steadily, there are still many employees who feel that the workforce is primed for a positive response by employees to a new effort in organizing. The main reasons for union organizing are: higher wages and benefits, greater job security, influence over work rules, compulsory membership and being upset with management. Among various reasons why employees join a union, we see one common factor: management, specially the first-line supervisor. If employees are upset with the way their supervisor handles problems, upset over how a coworker has been disciplines, and so on, they are likely to seek help from a union. In fact, it is reasonable to believe that when employees vote to unionize, it’s often a vote against their immediate supervisor rather than a vote in support of particular union. CASE: In the provided case, the employees are upset with company since employer rolled out its plan to organize employees into teams, change job titles, work assignments and the pay structure. Beside that employees were told â€Å"this is how it will be. † I am working as the top HR Manager and have to deal with this situation. First of all I would learn some basic legal implications of union organizing. The legal framework for labor-management relationships has played a crucial role in its development. There are two important laws that have shaped much of the labor relations process. Wagner Act: Also knows as the National Labor Relations Act of 1935, this act gave employees that right to form and join unions and to engage in collective bargaining. The Wagner Act is cited a shifting the pendulum of power to favor unions for the first time in U. S labor history. This was achieved, in part, through the establishment of National Labor Relations Board (NLRB). The Wager Act provided the legal recognition of unions as legitimate interest groups in American society, but many employers opposed its purposes. Some employers, too, failed to live up to the requirements of its provisions. Thus, the belief that the balance of power had swung too far to labor’s side, and the public outcry stemming from post-World War II strikes, led to passage of the Taft-Hartley Act (Labor- Management Relations Act) in 1947. The Taft-Hartley Act: Amended the Wagner Act by addressing employers’ concerns in terms of specifying unfair union labor practices. Realizing that unions and employers might not reach agreement and that work stoppages might occur, Taft-Hartley also created the Federal Mediation and Conciliation Service (FMCS) as an independent agency separate from the Department of Labor. FMCS is a government agency that assists Labor and management in settling disputes. The Wagner and Taft-Hartley Acts were the most important laws influencing labor-management relationships in the United States, but there are other laws that influence the labor organizing. Specifically, these are the Railway Labor Act; the Land rum Griffin Act; Executive Orders 10988 and 11491; the Racketeer Influenced and Corrupt Organizations Act of 1970; and the Civil Service Reform Act of 1978. The Civil Rights Act of 1964 (discussed in previous module) is as relevant to labor organizations as it is to management. Title VII of the act is focused on this subject. In the provided case, it seems like there is already union getting into shape. The labor laws do permit us as HR Manager to defend ourselves against the union campaign, but we must do it properly. I would follow the following guidelines of what to do and what not to do during the organizing drive. * If your employees ask for your opinion on unionization (as my supervisor is asking me this question), should respond in a natural manner. For example, â€Å"I really have no position on the issue. Do what you think is best. * You can prohibit union-organizing activates in your workplace during work hours only if they interfere with work operation. This may apply to the organization’s e-mail, too. * You can prohibit outside union organizers from distributing union information in the workplace. * Employees have the right to distribute union information to other employees during breaks and lunch periods. * Don’t question employees publicly or privately about union-organizing activities- for example, â€Å"Are you planning to go to that union rally this weekend? but if an employee freely tells you about the activities, you may listen. * Don’t spy on employees’ union activities, for example, by standing in the cafeteria to see who is distributing pro-union literature. * Don’t make any threats or promises related to the possibility of unionization. For example, â€Å"If this union effort succeeds, upper management is seriously thinking about closing down this plant, but if it’s defeated, they may push through an immediate wage increase. * Don’t discriminate against any employee who is involved in the unionization effort. Be on eh lookout for efforts by the union to coerce employees to join its ranks. This activity by unions is an unfair labor practice. If you see this occurring, report to your boss or to HR. Company might slow want to consider filing a complaint against the union with NLRB. Keeping all the above points checked, I will also keep in mind that union organizing drives may or may not be successful, but when they do achieve their goal to become the exclusive bargaining age, the next step is to negotiate the contract or demands. Now, I’ll get myself ready along with my first line supervisors, for the next expected step: collective bargaining. This typically refers to the negotiation, administration, and interpretation of a written agreement between two parties that covers a specific period of time. This agreement, or contract, lays out in specific terms the conditions of employment that is, what is expected of employees and any limits to management’s authority. Although collective bargaining is mostly used in public sectors, however it is also common in private sector. My employees are upset because of three months old change; based on my supervisor’s comments I assume that union has been certified; I might come up with a new set of interpretation of this change between my management and employees. I will make sure that my management and the union must negotiate in good faith over these issues. I would follow the following collective bargaining process outline in order to resolve these issues: Preparing to Negotiate: Once a union has been certified as the bargaining unit, both union and management begin the ongoing activity of preparing for negotiations. We can consider the preparation for negotiation as composed of three activities: fact gathering, goal setting, and strategy development. Information is acquired from both internal and external sources. With all the collection of this background information in hand, and tentative goals established both union and management must put together the most difficult part of the bargaining preparation activities, a strategy for negotiations. This includes assessing the other side’s power and specific tactics. Negotiating at the Bargaining Table: Negotiation customarily begins with the union delivering to management a list of â€Å"demands. † By presenting many demands, the union creates significant room for trading in later stages of the negotiation; it also disguises the union’s real position, leaving management to determine which demands are adamantly sought, which are moderately sought, and which the union is prepared to quickly abandon. Real negotiations typically go on behind closed doors, each party tries to assess the relative priorities of the other’s demands, and each begins to combine proposals into viable packages. Next comes the attempt to make management’s highest offer approximate the lowest demands that the union is willing to accept. Contract Administration: Once a contract is agreed upon and ratified, it must be administered. Contract administration involves four stages: (1) dissemination the agreements to all union members and mangers; (2) implementing the contract: (3) interpreting the contract and grievance resolution: and (4) monitoring activities during the contract period. Providing information to all concerned requires both parties to ensure that changes in contract language are spelled out. The stage of contract administration is ensuring that the agreement is implemented. All communicated changes now take effect, and both sides are expected to comply with the contract terms. The most important element of contract administration relates to spelling out a procedure for handling contractual disputes. These contracts have provisions for resolving specific, formally initiated grievances by employees concerning dissatisfaction with job-related issues. As an HR Manager for a company with 1500 employees, who are quite upset with our management and are unionizing, I have tried to come up with a plan to resolve this issue. First of all, I gathered the legal data in this respect, I proposed some guidelines to avoid unionizing and last, I have discussed the plan in detail to resolve the issue in provided case. I would like to comment that although historically, the relationship between labor and management was built on conflict and the nterests of labor and management were seen as basically at odds-each treating the other as the opposition. But times have somewhat changes. Management has become increasingly aware that successful efforts to increase productivity, improve quality, and lower costs require employee involvement and commitment. Similarly, some labor unions have recognized that they can help their members more by cooperating with management rather than fighting them which is quite positive for both management and employees.

Rosa Parks :: essays research papers

Rosa Parks Rosa parks was born on February 4,1913, in Tuskegee, Alabama. She was a civil rights leader. She attended Alabama State College, worked as a seamstress and as a housekeeper. Her father, James McCauley, was a carpenter, and her mother, Leona (Edward's) McCauley was a teacher. Rosa P. had one younger brother named, Sylvester. Her family lived in Tuskegee. When Rosa was two years-old her parents split up and she, her mother, and her brother moved to her grandparents farm in Nearby Pine Level, Alabama. Her grandparents were one of the few black families who owned their own land, rather than work for someone else. Although they were poor, they were able to raise enough food for all. During the first half of this century for all blacks living in America skin color affected every part of their lives. The South in particular was very racist. Slavery had been abolished only by some fifty years earlier, and blacks were still hated and were feared by whites because of skin color. Jim Crow had a law "separate but equal." The Supreme Court ruled in 1896, that equal protection could not mean separate but equal facilities. Blacks were made to feel inferior to whites in every way. They were restricted in their choices of housing and jobs, were forced to attend segregated schools, and were prohibited from using many restaurants, movie theaters. Rosa Parks said, years later, "Whites would accuse you of causing trouble when all of you were doing was acting like a normal human being, instead of crining. You didn't have to wait for a lynching. You died each time you found yourself face to face with this kind of discrimination." Rosa Parks didn't like attending a poor, one-room school, with few books or supplies, not being able to stop on her way home from school to get a soda or a candybar. She hated how they were parts for blacks like restaurants, trains, and bus and even being forced to give up her seat for a white person. Rosa's mother, Leona McCau ley, worked as a teacher, and the whole family knew the value of education. Rosa attended the local black elementary school, where her mother was the only teacher. When she graduated, the family worked hard to save enough money to send her to a private school for black girls. At the age of 11 she began to attend Montgomery Industrial School for Girls.

Bicultural Education Essay

At the onset of a new school year, students routinely are on the lookout for their new teachers. This behavior may be rooted to possibly terror or lenience that the fresh teacher may bring to the four corners of the classroom. From the viewpoint of the educators, however, being in the company of between twenty and thirty young people may mean various things. Such may be twenty or thirty reasons too to use authoritarian language over a rowdy class or to create a relaxed ambience around a subdued class. The teacher, as an adult, enforces his will by numerous measures over the very juvenile students, who submit to the adult’s lead or, if they resist it, find themselves subject to some kind of injunction. Darder’s book Culture And Power In The Classroom: A Critical Foundation For Bicultural Education delves into the reality that American education is in a revolution. The statistics of students with little or no knowledge and skill in speaking the English language are on the rise. The situation also suggests that in the enrollment season, schools will be flocked with assorted kids. From the linguistically and ethnically different to the academically different as far as the pop US culture is concerned. The callous reality is that the success of students and educators lies in the curricular particulars. Teachers and students working hand in hand, in a culturally sundry classroom will grasp that there is no single best tactic to edify all students. The mindset is that there is an array of strategies that should be incorporated. Not every rubric is suitable for every foreign language classroom. An educator, or a cluster of educators, may desire to cultivate their own rubric for evaluating their students’ linguistic proficiency. Some linguists toiled with educators to generate rubrics for their group of foreign students. The procedure of constructing rubrics can itself aid teachers in modifying their lesson plans to satisfy the distinctive needs of their foreign students. Darder furthers that in addition to the textbook to be used as principal reference for the session, the lecture would include a number of aids that shall help the pupils understand various concepts successfully and enjoyably. Specifically, the lecture shall be carried out not without visual aids as some itself may be confusing in the absence of visual illustration. Using examples, strategies, and integration of the concepts may guarantee that key concepts or valuable ideas are not elapsed, or that these are not confused with other concepts instilled by the primary culture. On the other hand, the full attention and sensitive actions of the school administration, mentors, and most importantly, the parents make up the key solutions to the non-English-speaking students. Personally, I do believe that an individual education plan must be developed for each child. Parents have the right to participate in this planning, but not all do. There is the possibility that even the best-designed educational plans will not be carried out because of lack of time and resources. Teachers who want to be helpful may have large classes and heavy workloads that prevent individualized instruction in a bicultural classroom. In the end, Darder remarks that developing a learning culture, which attaches importance to respect to children with different cultural backgrounds is essential to guarantee healthy relationships and an atmosphere beneficial to the learning experience in a bicultural classroom. Education curricula that are anchored in the postulation that the customs of the mainstream group in society are the best and sole means to function have the end product of marginalizing foreign students and of thinning their contribution in and outcomes from education. I agree that core curricula and school resources must place premium on the assortment of the school population and of American civilization so as to make sure that all students can feel they fit in. Educators have to be able to utilize the virtue of compassion that students convey to the learning environment. Reference Darder, A. (1991). Culture And Power In The Classroom: A Critical Foundation For Bicultural Education. Greenwood Publishing

How to Teach the Past Perfect Continuous

Teaching the past perfect continuous is sometimes a choice. On the one hand, to complete the overview of each tense the past perfect continuous needs to be included. On the other hand, the past perfect continuous is rarely used by native speakers in their daily activities. The choice whether to teach this tense should,  therefore, be made based on a student needs analysis: Do the students need to understand the past perfect continuous for use on exams such as the TOEFL or Cambridge exams, or is the focus of the class more on communication skills. If the class needs the tense for academic tests, a quick once-over of the past perfect continuous is probably worthwhile. Teaching this tense should be relatively easy as students will be familiar with the concepts from having learned the present perfect continuous and the future perfect continuous. Introducing the Past Perfect Continuous Introduce the present perfect continuous by speaking about a past event of some import. For example, speaking about a situation in which people were asked to wait for a long period, or some other anticipatory action took place. A good example might be an exciting new product release by Apple. Duration of a Past Activity The customers had been waiting for three hours just to get in the door when the store finally opened.Jennifer said she had bee saving her money to buy the new iPhone. Another example could be a test that students have recently taken. In this case, you can also ask some questions: How long had you been studying for the TOEFL when you took it?Had you been working together before you took the test? Result of a Past Activity Students should also understand the past perfect continuous can be used to express the cause of something that happened in the past. To introduce this usage, tell a story about something unusual that happened in the past and use the past perfect continuous to relate, comment and speculate as to the cause: There was a horrible car crash yesterday on I-5. Apparently, one driver had been texting and didnt see that the other driver had stopped. Not only that, but it had been raining for a few hours so the conditions were awful. Use in the Third Conditional Form The past perfect continuous is also sometimes used in the third, or past unreal, conditional form. Its worthwhile pointing this out to students, but also reminding them that the past perfect is generally used. The exception is that the past perfect conditional is used to focus on a specific moment in time in the past. If I had been working on that project, we would have got the contract.He wouldnt have been in the accident if he hadnt been texting while driving. Practicing the Present Perfect Continuous Explaining the Past Perfect Continuous on the Board Use a past perfect continuous timeline to illustrate the relationship of the tense to a past event. The construction is a little complicated, so providing a quick grammar chart can also help with understanding. Subject had been verb(ing) objects We had been working for twelve hours by the time we finished the project.Susan had been complaining for weeks when he finally purchased her the new car. Activities Lesson activities should include a thorough comparison of the when to use the perfect or perfect continuous form. A great lesson for this can be adapted by this lesson comparing the present perfect simple and continuous. Take the biography of someone from the past, students then ask questions using either the past perfect of the past perfect continuous to ask and answer questions based on the biography. Student 1: How many years had he studied law before he became a judge?Student 2: He had studied law for ten years before his appointment. Student 1: What had she been doing before she moved to Texas?Student 2: She had been working for a designer in New York.