Essay on "Grievances and the (Mis)interpretation of Collective Agreements"

Essay 4 pages (1266 words) Sources: 2 Style: APA

[EXCERPT] . . . .

Grievances and the (Mis)Interpretation of Collective Agreements

In this scenario of rather childish violence in the workplace, it is unfortunate that Green -- who according to this account did not strike the first blow -- should be fired while Swallows was reinstated, but the fact is that Green never truly filed a grievance, and therefore had not officially challenged her dismissal. Even had she done so, as she believed she had, the union was under no obligation to her in attempting to help her win her job back. Green's right to join the union is protected by Section 157 of the Labor Management Relations Act (LMRA); she had presumably chosen no to be represented in the union's collective bargaining, and was offered little or no protection from the organization because of this choice. The only quasi-reasonable claim Green has is that the union somehow coerced the employer to reinstate Swallows (a union member) over Green, which would have been illegal according to Section 158, sub-section b, paragraph 2 of the LMRA, but there is no evidence of such coercion.

The union does have a duty of fair representation, meaning that it cannot use its power with management or with labor to the detriment of non-union employees (in opne-shop situations, obviously). In reality, of course, this is impossible and impractical; the collective bargaining of the union is engaged in specifically for the benefit of union employees, and can often result in labor contracts that differ in certain areas from non-union contracts with the same employer. The duty of fair representation extends to the degree that unfairness is possibly and practically mitigated. Coercing an employer to fire a non-union employee and keep a union member when both were guilty of the same transgression would not be legally (or ethically) acceptable, but again there is no evidence of this here. The representative and management arrived at their conclusion after hearing both sides of the story (and from several other witnesses, as well), and their decision seems to have been based on careful reasoning rather than any biased representation.

To this same end, the union has met its obligation of fair representation when it has applied the same standards of unfair labor practices, whether in regards to the terms and conditions of employment or to the circumstances surrounding a specific termination, to both union and non-union employees. That is, the union must work to ensure that all workers are granted equal opportunity within the company, and cannot allow non-union members to be subjected to unfair labor conditions and/or practices any more than they would let union members be subjected to the same conditions. There are many instances where unions specifically do not protect non-union employee's interests -- with wages and other areas of collective bargaining, specifically -- but this is not done (directly, at least) to the detriment of non-union employees. They simply miss out on the benefits, and avoid paying dues. This is the very essence of the democratic and capitalist system of trade unions in open-shop scenarios.

In this instance, it is abundantly clear that the union has met its obligation of fair representation. It does appear as though the union representative -- and management, it should be noted -- felt that Swallows was less at fault for the incident and more deserving of reinstatement than Green. Union membership does not appear to be the deciding factor in the issue, however; in fact it hardly seems to have been taken into account. This is the only accusation Green could possibly level against the union, and from the facts presented it is a losing case.

Case Study 11.1

Despite the many accusations of the union, the basic issue in this instance is whether or not the company had a legal right, according to its contract with… READ MORE

How to Reference "Grievances and the (Mis)interpretation of Collective Agreements" Essay in a Bibliography

Related Essays:

Collective Bargaining Essay

Collective Bargaining

In relation to the article in the Los Angeles Times entitled NBA players, owners ratify collective bargaining agreement, the collective bargaining dispute was as a result of the… read more

Essay 3 pages (898 words) Sources: 1 Topic: Sports / Exercise / Fitness

---

Collective Memory in the Aftermath of Mass Violence Essay

Collective and Historical Memory

Collective Memory In The Aftermath Of Mass Violence

Conceptions of collective memory

According to Maurice Halbwach, collective memory is the information that is shared between two… read more

Essay 3 pages (901 words) Sources: 3 Topic: Family / Dating / Marriage

---

Collective Bargaining Consists of Negotiations Reaction Paper

Collective bargaining consists of negotiations between an employer and a group of workers so as to settle on the conditions of employment. The outcome of collective bargaining procedures is known… read more

Reaction Paper 2 pages (614 words) Sources: 2 Topic: Career / Labor / Human Resources

---

Collective Bargaining the Taft-Harley Act of 1946 Research Proposal

Collective Bargaining

The Taft-Harley Act of 1946 was a reformation of the original Wagner Act of 1935, passed during the New Deal. The Wagner Act gave workers the "right to… read more

Research Proposal 4 pages (1269 words) Sources: 2 Style: APA Topic: Career / Labor / Human Resources

---

Labor Management Relations Case Study

grievance process an effective method for resolving workplace disputes?

The dispute between Swallows and Green illustrates why a grievance process established by a collective bargaining agreement is not always an… read more

Case Study 3 pages (1299 words) Sources: 2 Topic: Career / Labor / Human Resources

---

View 100+ more related papers  >>