final 1st assignment of l.m

67
AD-512377 Q. 1 Discuss the models of labor management relations in Detail.? Answer :- “The study of labor-management relations (LMR) refers to the rules and policies which govern and organize employment, how these are established and implemented, and how they affect the needs and interests of employees and employers. LMR has implications for the organization of work as well as economic policy. Focus gradually has broadened from the formation and operation of national and local institutions and collective bargaining to strategic human resource policies. Most recently a multi-level agenda has formed, following new needs for regulation in world trade, in the extended European Union, and in former communist and newly industrialized countri esLabour Management relations has three faces: science building, problem solving, and ethical. In the science building face, industrial relations is part of the social sciences, and it seeks to understand the employment relationship and its institutions through high-quality, rigorous research. In this vein, industrial relations scholarship intersects with scholarship in labor economics, industrial sociology, labor and social Page 1

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Page 1: Final 1st Assignment of L.M

AD-512377

Q. 1

Discuss the models of labor management relations in

Detail.?

Answer :-

“The study of labor-management relations (LMR) refers to

the rules and policies which govern and organize

employment, how these are established and implemented,

and how they affect the needs and interests of employees

and employers. LMR has implications for the organization of

work as well as economic policy. Focus gradually has

broadened from the formation and operation of national and

local institutions and collective bargaining to strategic

human resource policies. Most recently a multi-level agenda

has formed, following new needs for regulation in world

trade, in the extended European Union, and in former

communist and newly industrialized countries”

Labour Management relations has three faces: science

building, problem solving, and ethical. In the science building

face, industrial relations is part of the social sciences, and it

seeks to understand the employment relationship and its

institutions through high-quality, rigorous research. In this vein,

industrial relations scholarship intersects with scholarship in

labor economics, industrial sociology, labor and social history,

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human resource management, political science, law, and other

areas. In the problem solving face, industrial relations seeks to

design policies and institutions to help the employment

relationship work better. In the ethical face, industrial relations

contains strong normative principles about workers and the

employment relationship, especially the rejection of treating

labor as a commodity in favor of seeing workers as human beings

in democratic communities entitled to human rights."The term

human relations refers to the whole field of relationship that

exists because of the necessary collaboration of men and women

in the employment process of modern industry."It is that part of

management which is concerned with the management of

enterprise -whether machine operator, skilled worker or

manager.It deals with either the relationship between the state

and employers and workers organization or the relation between

the occupational organisation themselves.

Industrial relations scholarship assumes that labor markets are

not perfectly competitive and thus, in contrast to mainstream

economic theory, employers typically have greater bargaining

power than employees. Industrial relations scholarship also

assumes that there are at least some inherent conflicts of

interest between employers and employees (for example, higher

wages versus higher profits) and thus, in contrast to scholarship

in human resource management and organizational behavior,

conflict is seen as a natural part of the employment relationship.

Industrial relations scholars therefore frequently study the

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diverse institutional arrangements that characterize and shape

the employment relationship—from norms and power structures

on the shop floor, to employee voice mechanisms in the

workplace, to collective bargaining arrangements at a company,

regional, or national level, to various levels of public policy and

labor law regimes, to "varieties of capitalism" (such as

corporatism), social democracy, and neoliberalism).

When labor markets are seen as imperfect, and when the

employment relationship includes conflicts of interest, then one

cannot rely on markets or managers to always serve workers’

interests, and in extreme cases to prevent worker exploitation.

Industrial relations scholars and practitioners therefore support

institutional interventions to improve the workings of the

employment relationship and to protect workers’ rights. The

nature of these institutional interventions, however, differ

between two camps within industrial relations.The pluralist camp

sees the employment relationship as a mixture of shared

interests and conflicts of interests that are largely limited to the

employment relationship. In the workplace, pluralists therefore

champion grievance procedures, employee voice mechanisms

such as works councils and labor unions, collective bargaining,

and labor-management partnerships. In the policy arena,

pluralists advocate for minimum wage laws, occupational health

and safety standards, international labor standards, and other

employment and labor laws and public policies. These

institutional interventions are all seen as methods for balancing

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the employment relationship to generate not only economic

efficiency, but also employee equity and voice.In contrast, the

Marxist-inspired critical camp sees employer-employee conflicts

of interest as sharply antagonistic and deeply embedded in the

socio-political-economic system. From this perspective, the

pursuit of a balanced employment relationship gives too much

weight to employers’ interests, and instead deep-seated

structural reforms are needed to change the sharply antagonistic

employment relationship that is inherent within capitalism.

Militant trade unions are thus frequently supported.

The field of industrial relations is also called labor

relations. The process by which human beings and their

organization interact at the work place, More broadly, in

society as a whole to establish the terms and condition of

employment. Labor relations can take place on many

levels, such as at the regional level, national level etc.The

distribution of power amongst these levels can greatly

shape the way an economy functions. Finally labor

relations is a system in order to emphasize the

interrelations among persons, organizations, and standard

in the industrial environment

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Functions of Labor Management Relations

Economic

Legal

Social

WHAT IS A MODEL?

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A “Model” is a mental construct / diagrammatical

representation with which people organize their thoughts

about a topic.

ONE TO ONE MODEL

Management

Trade Union

3rd MODEL

Environmental Variables;

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Ecological

Economic

Legal

Political

Social

Technological

Q. 2

Do you believe that in Pakistan the size of the labor

movement in general will expand or contract in the

coming decade? What industries and areas are now most

unionized? What industries and sectors of economy will

show increased unionization in future.

Answer:-

Yes I believe that the size of Labour Movements will expand in

Pakistan in coming decades, the campaigns of Labour Rights has been

increased day by day, following are the examples of Pakistan Trade

Unions Campaigns in Pakistan Federal and Private sector unions .

New PTUDC website!

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The PTUDC website has been revamped in order to allow us to update the site on a more regular basis. We hope you like the new design!

Tuesday, 15 February 2011

The general rottenness of world capitalism and the brutal economic measures adopted by the PPP government has led to widespread misery and anger among the Pakistani masses. The Pakistani working class has been made to bear the brunt of this catastrophe. Just like other parts of the world there is a new awakening within

the Pakistani proletariat, which could be felt in the struggle and victory of the KECS workers and now in the strike by the PIA workers.

 

Pakistan: Postal workers ally against privatization

Tuesday, 08 February 2011

On 3 February the Postal Employees Workers’ Union organized nationwide

rallies against the privatization of Pakistan Post. Hundreds of workers

participated in these rallies. Comrades of the PTUDC, JKNSF and BNT also

participated in the protest and rallies were held in Karachi, Quetta, Lahore,

Rawalpindi,Multan and many other cities.

Pakistan: Workers Coordination Committee formed in North

Punjab

Tuesday, 08 February 2011

On 3 Feb, the North Punjab PTUDC organized a meeting in the Rawalpindi

PTUDC office. Trade union leaders from the Railways, PTCL, Attock Oil Refinery

Employees Union, Pakistan Workers’ Federation and representatives of the

NSF attended this meeting.

 

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Pakistan: PTUDC meeting in Multan

Tuesday, 08 February 2011

The Multan Pakistan Trade Union Defence Campaign organized a meeting on Sunday 30 January, in Multan. The topic was “privatization, price hike &

Workers rally on 13th March”.

 

Pakistan: Demonstrations in solidarity with Arab Revolution

Monday, 07 February 2011

Youth For International Socialism (YFIS), the Unemployed Youth Movement (BNT) and the Pakistan Trade Union Defence

Campaign (PTUDC) jointly held protests in Rawalpindi and Hyderabad to express

solidarity with the revolutionary movements in Tunisia and Egypt.

 

PTUDC Membership Campaign in Kundian district Mianwali.

Thursday, 27 January 2011

In Kundian district Mianwali 120 workers from Pakistan Railways have joined

PTUDC and vowed to make all kinds of physical and financial sacrifice for this

cause

 

Workers from Pakistan Railways in Peshwar against

privatisation

Thursday, 27 January 2011

19 January 2011: On 19th January hundreds of workers from Pakistan Railways Labour Union Peshawar

Division staged a protest demonstration in front of Cantonment Railway Station against the proposed privatization of

railways.

 

Karachi Electric Supply Company workers victory against the onslaught of

Pakistan: Postal Workers hold huge nationwide protests

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management

Wednesday, 26 January 2011

The manoeuvres of the Islamic fundamentalists in Pakistan around

the issue of “blasphemy” have made worldwide headlines. What gets less publicity is the militant

class struggle of Pakistani workers. One such struggle is that of the workers at the Karachi Electric

Supply Company, who have fought and defeated the bosses plans to

forcibly retire 4500 workers.

 

against privatisation

Monday, 10 January 2011

On the call for anti-privatisation protests by the Postal Action Committee huge

protests and demonstrations were held in many cities of Pakistan on 4th January.

 

Pakistan: PTUDC Seminar and Central Committee in Karachi

Monday, 10 January 2011

A seminar on the topic of “Price hikes, privatization, unemployment, Reasons

and Solution” was held at the PMA House, Garden Road, Karachi on

December 30th. The program started at 3PM and was chaired by the Central

General Secretary of the PTUDC, comrade Nazar Mengal, while comrade

Lal Khan .

Pakistan Unilever Workers Protest for their Demands

Wednesday, 01 December 2010

The Pakistan Trade Union Defence Campaign PTUDC along with the Labour Action Committee, the MRDW Unilever

(Movement for the Restoration of Dismissed Workers), the Unilever

Workers’ Action Committee and the Unilever Revolutionary Workers’ Union

organised a rally from Railway Square to the gate of the Unilever factory in Rahim

Yar Khan on November 27.

 

Labour movement in Pakistan

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The term labour movement is a broad term for the development of a

collective organisation of working people, to campaign in their own interest

for better treatment from their employers and governments, in particular

through the implementation of specific laws governing labour

relations.Trade unions are collective organisations within societies,

organised for the purpose of representing the interests of workers and the

working class.

In some countries, especially the United Kingdom and Australia the labour

movement is understood to encompass a formal "political wing", frequently

known by the name labour party, which complements the aforementioned

"industrial wing"

In Europe, the labour movement began during the industrial revolution,

when agricultural jobs declined and employment moved to more industrial

areas. The idea met with great resistance. In 1886, in US industrial city of

Chicago, the iron foundry workers united to struggle for fixing working

hours. The industrialists used brute force to suppress the workers and

opened fire at a rally killing scores of protesting labourers. Ist May is

observed throughout the world as Labour Day to commemorate the

sacrifices of martyrs of Chicago.

Though there is a vast literature about political and religious movements of

Pakistan during the past 60 years, yet there are not many books about

labour movements in Pakistan. This book presents a brief account of the

trade union movement in Pakistan since its inception in 1947.

In a country like Pakistan mainly dominated by feudal lords, civil and

military bureaucrats, trade unionists have to work under great personal

risk, and quite often behind the bars as they were branded "miscreants,

anti-social or communists" who were out to destroy the newly created

Islamic Republic of Pakistan. Though this is not a well researched or

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scholarly work, yet the author has tried to throw some light on trade

unionism in the Indo-Pak Sub-continent, trade union in Pakistan, Pakistan

Workers Confederation, journalists struggle in Pakistan and labour

legislation in Pakistan etc.

The State of Social Dialogue

Article 17 of the Constitution of the Islamic Republic of Pakistan states:- ”Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality”. Of the eight ILO core conventions, only C.138 on the Minimum Age has not been ratified by Pakistan. However various laws for instance the Industrial Relations Ordinance of 2002, the Banking Companies Ordinance of 1962, the Civil Servants Act (CSA) of 1973 and the Essential Services Maintenance Act of 1952, have provisions that place certain restrictions on the independent functioning of labor unions. The government’s authority to ban strikes deemed to be potentially harmful to the economy; restrictions on union activity in sectors determined to be "essential" such as government services and public utilities, as well as the compulsory arbitration of labor disputes by the authorities have been variously criticized by the ILO and the international trade union movement. In its Annual Survey of Violations of Trade Union Rights (various issues), the International Confederation of Free Trade Unions (ICFTU) has documented a number of cases in which the authorities and employers have consistently violated workers’ rights. These violations have included union busting, denial of the right to form or belong to unions, curtailment of the right to strike, victimization of union leaders, denial of collective bargaining, arrests and torture of union leaders, suspension or banning of union activities and rejection of negotiations. Despite assurances that Legislation concerning export processing zones (EPZs), such as the Export Processing Zones Authority Ordinance (EPZAO) of 1980, and the Export Processing Zone Rules (EPZR) of 1982 would be repealed, this has yet to happen – in effect barring workers in EPZs from forming a trade union or bargaining collectively.

Due to union pluralism, thousands of small unions compete for membership in the major urban and industrial cities of Karachi and Lahore.

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Trade unions are plagued mainly by internal leadership squabbles, inter-union competition as well as political interference – maligning the effectiveness of the workers’ voice. Pakistan's union landscape features trade unions that are affiliated to political parties as well as traditional, autonomous, centrist union organizations. The most prominent of the former class is the right-wing National Labor Federation (NLF) which is allied with the conservative Jamaat-e-Islami (JI) political party. The NLF’s power base is the steel and railroad industries, Pakistan International Airlines (PIA) and the Karachi port. The other politically connected trade unions are the NWFP-based Democratic Labor Federation .

Major trade union federations in Pakistan

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Trade Union Federation Number of members

International affiliation

All Pakistan Trade Union Congress

(APTUC)WCL

All Pakistan Federation of Trade Unions

(APFTU)602,320 (Jan. 2010)

ICFTU

Pakistan National Federation of Trade Unions (PNFTU)

260,000 (Dec. 2008)

ICFTU

All Pakistan Federation of Labor

(APFOL) 293,575 (May 2010)

ICFTU

The Pakistan Trade Union Federation

(PTUF)WFTU

Balochistan Workers’ Federation

(BWF)WFTU

Sind Federation of Trade Unions

(SFTU) WFTU

Pakistan Trade Union Confederation

(PTUC)

Pakistan Workers’ Federation

(PWF)

National Labor Federation

(NLF)

Democratic Labor Federation

(DLF)

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INDUSTRIES IN PAKISTAN

1. FAN INDUSTRY OF PAKISTAN.

Major Players in Pakistan’s Fan Industry

Pak Fan – M/S Wahid Industries Ltd.

G.F.C. Fan – M/S General Fan Company Pvt. Limited

Yunus Fan – M/S Younus Metal Works

Royal Fan – M/S Rafiq Engineering Industries Pvt. Limited

Metro Fan – M/S High Tech Industries Pvt. Limited

2. ELECTRONIC APPLIANCES INDUSTRY OF PAKISTAN

Appliances Industry

Haier Pakistan Limited

Dawlance Pakistan Limited

Pakistan Electron Limited (PEL)

Philips Pakistan Limited

Sabro Electronics Pakistan

Samsung Pakistan Limited

LG Electronics

Sony Electronics

Orient Home Appliances

TCL Pakistan Limited

Nobel Home Appliances Pakistan

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3. PHARMACEUTICAL INDUSTRY

Major Players in Pakistan’s Pharmaceutical Industry

M/S Glaxo SmithKline Pakistan Ltd.

M/S Pharmacia Pakistan Pvt. Limited

M/S Aventis Limited

M/S Stiefel Labs. Pakistan Ltd.

M/S Servier Research and Pharmaceuticals Pakistan Pvt.

Limited

M/S Abbott Labs. Pakistan Ltd.

M/S Bristol Myers Squibb Pakistan Pvt. Limited

M/S Glaxo SmithKline Pakistan Ltd.

M/S Bayer Pharmaceuticals Limited

M/S Eli Lilly Gohar

M/S GlaxoWellcome Pakistan Ltd.

M/S Johnson & Johnson Pakistan Ltd.

M/S

M/S Merck Marker Pvt. Ltd.

4. LEATHER INDUSTRY

Major Players in Pakistan’s Leather Industry

Saga Sports

Sublime Sports

Bata Pakistan

Fateh Industries

Leather Up

Pakistan Leather Crafts

Service Industries

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Shafi Tanneries

Borgan Leather Industries

Leather Field Pvt. Limited

MB Sports Pvt. Limited

Prime Leather Pvt. Limited

Forward Sports Pvt. Limited

5. TEXTILE INDUSTRY

Major Players in Pakistan’s Textile Industry

Deewan Farooque Spinning Mills

Data Textile Industries Limited

Deewan Khalid Textile Mills Ltd.

Deewan Mushtaq Textile Mills Ltd.

Diamond Fabric Limited

Diamond International Corporation Ltd.

Ittefaq Textile Mills Ltd.

Kohinoor Industries Limited

Kohinoor Looms Limited

Kohinoor Spinning Mills Ltd.

Kohinoor Textile Mills Ltd.

Star Textile Mills Ltd.

6. GEMS AND JEWELRY INDUSTRY

Major Players in Pakistan’s Gems and Jewelry Industry

M/S Tessori Pakistan Ltd.

M/S ARY Gold Pakistan Ltd.

M/S Al-Rahim Limited

M/S Pardesi Limited

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7. OIL AND GAS INDUSTRY

Major Players in Pakistan’s Oil and Gas Industry

Pakistan State Oil Ltd.

Attock Refinery Limited

Pakistan Petroleum Limited.

British Petroleum Pakistan Ltd.

Shell Pakistan Limited

Asia Petroleum Limited

Sui Northern Gas Company Ltd.

Sui Southern Gas Pipelines Ltd.

Pakistan Oils Fields Ltd.

Oil and Gas Development Corporation Ltd.

8. CHEMICAL INDUSTRY

Major Players in Pakistan’s Chemical Industry

Sitara Chemical Industries Ltd.

Zahabiya Chemical Industries

ICI Pakistan Limited

AVM Chemical Industries

Engro Corporation Limited

Ittehad Chemicals Limited

Aromatic Raw Materials of Pakistan Ltd.

United Sales Corporation

9. FASHION INDUSTRY

Major Players in Pakistan’s Fashion Industry

Maria B.

HSY (Hassan Shehryar Yasin)

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Rizwan Beyg

Generationz

Nikki and Nina

Deepak Perwani

Maheen Khan

Hajra Hayat

10.FOOD AND BEVERAGES INDUSTRY

Major Players in Pakistan’s Food and Beverages Industry

National Foods Limited

Engro Foods Limited

Lever Brothers Pakistan Ltd.

Shan Foods Limited

Brook Bond Pakistan Ltd.

Lipton Tea Pvt. Limited

Pepsi Cola International

CokaCola Beverages Ltd.

Mitchell’s Fruit Farms Ltd.

11.TOBACCO MANUFACTURING INDUSTRY

Major Player in Pakistan’s Tobacco Industry

Pakistan Tobacco Company Ltd.

Lakson Tobacco Company Ltd.

Premier Tobacco Industries Ltd.

United Tobacco Industries Ltd.

Souvenir Tobacco Industries Pakistan.

Sarhad Cigarette Industries Ltd.

Khyber Tobacco Company Ltd.

Paramount Tobacco Company Ltd.

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12.ENERGY INDUSTRY

Major Players in Pakistan’s Energy Industry

Water and Power Development Authority (WAPDA)

Karachi Electic Supply Corporation (KESC)

Karachi Nuclear Power Plant

Chashma Nuclear Power Plant

M/S Tapal Energy Ltd.

M/S Gul Ahmed Energy Ltd.

Islamabad Electricity Supply Company (IESCO)

Gujranwala Electricity Power Company (GEPCO)

Lahore Electric Supply Company (LESCO)

Multan Electricity Power Company (MEPCO)

Quetta Electricity Supply Company (QESCO)

Tribal Electric Supply Company (TESCO)

Peshawar Electric Supply Company (PESCO)

Kot Addu Power Company (KAPCO)

Hyderabad Electric Supply Company (HESCO)

Hub Power Company Limited (HUBCO)

13.SUGAR INDUSTRY IN PAKISTAN

Major Players in Pakistan’s Sugar Industry

Al-Noor Sugar Mills Ltd. Karachi

Baba Farid Sugar Mills Karachi

Ansari Sugar Mills Ltd. Karachi

Saleem Sugar Mills Ltd. Lahore

Seri Sugar Mills Ltd. Lahore

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SERVICES SECTOR

14.FINANCIAL SERVICES INDUSTRY

Major Players in Pakistan’s Financial Industry

State Bank of Pakistan

National Saving Corporation of Pakistan

State Life Insurance Corporation of Pakistan

United Bank Limited Pvt. Limited

Muslim Commercial Pakistan Limited

Habib Bank Pakistan Pvt. Limited

15.AVIATION INDUSTRY

Major Players in Pakistan’s Aviation Industry

Pakistan International Airlines (PIA)

Airblue

Shaheen Air International

Pakistan International Cargo

AST Pakistan Airways

Royal Airlines Cargo

Star Air Aviation

TCS Couriers

HAU Aviation Services

Askari Aviation

JS Air Pvt. Limited

Vision Air International

16.EDUCATION INDUSTRY

Major Players in Pakistan’s Education Industry

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Beaconhouse School System

City School System

Federal Government School System

Punjab Group of Colleges

The University of Punjab

National University of Science & Technology (NUST)

University of Engineering and Technology (UET)

Ghulam Ishaq Khan Institute of Science and Technology

(GIKI)

International Business School (IBM)

Quaid-e-Azam University (QUAD)

Allam Iqbal Open University (AIOU)

International Islamic University (IIU)

Army Public School System

Army Medical College

King Edwered Medical College

17.TELECOMMUNICATION AND IT INDUSTRY

Major Players In Pakistan’s Telecommunication And It Industry

China Mobile

CyberNet

Mobilink

Netsol Technologies

Kaya Systems

Ovex Technologies

Pakistan Telecommunication Company

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Palmchip Corporation

Southern Networks

Telenor Pakistan (Not traded on Pakistani stock exchanges)

Transworld

Ufone

Warid Telecom (Not traded on Pakistani stock exchanges)

Wateen Telecom

WorldCALL

For the past ten years, Pakistan has been devastated by political

conflict, reduced levels of Foreign Direct Investment, and a low exportation

rate of manufacturers. Because of this, this underdeveloped and impoverished

country has been challenged with a difficult economy. With incredible budget

deficits, struggling foreign currency exchange national reserves, and

increasing inflation rates, the government signed up for an International

Monetary Fund Standby Agreement in the latter part of 2008.

Earlier in 2004 and until 2007, the Gross Domestic Product experienced

growth as much as 8% in part from growths in the industrial and services

sector, even though serious shortfalls were being experienced with electric

power. The good news is that by 2001, Pakistan saw a decline in poverty by

10% and development spending started to improve. While the country has

made great strides economically, primary challenges still being faced have to

do with inflation because of increasing prices for commodities around the

world, as well as economic and political instability.

Pakistan, a rapidly developing nation, has a diverse economy that

include textiles, chemicals, food processing, agriculture and other

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industries.

The economy has suffered in the past from decades of internal political

disputes, a fast growing population, mixed levels of foreign investment, and

a costly, ongoing confrontation with neighboring India.

However, IMF-approved government policies, bolstered by foreign

investment and renewed access to global markets, have generated solid

macroeconomic recovery the last decade. Substantial macroeconomic

reforms since 2000, most notably at privatizing the banking sector have

helped the economy. Pakistan has seen a growing middle class population

since then and poverty levels have decreased by 10% since 2001.GDP

growth, spurred by gains in the industrial and service sectors, remained in

the 6-8% range in 2004-06. In 2005, the World Bank named Pakistan the top

reformer in its region and in the top 10 reformers globally.

Q.3 a)

Briefly discuss that how workplaces changes affected

labor relations?

Answer :-

A Comprehensive Model for Understanding and Implementing WorkplaceChange and Improving Labour-Management Relations.

Over the past twenty years significant development have taken place

within labour management relations in North America and Canada

(Kochan, Katz and McKersie;

Kochan and Osterman; Betcherman, Leckie, McMullen and Caron;

Walton,Cutcher-

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Gershenfeld and McKersie; Cohen-Rosenthal and Burton; Lowe; Noon

and Blyton;

Capelli and Rogovsky; Nissen). These developments have involved a

wide array

changes extending all the way from how organized labour and

management

interact with one another at the bargaining table and organizational

governance;

to how jobs are designed and support is made available to employees

experiencing

personal problems. Various names have been given to these

innovations including:

mutual gains bargaining, principled negotiations, employee-centred

management,

employee involvement, quality of working life, innovative work

practices, the high

performance workplace and "learning" organizations. The motivation

for these

changes has been to improve labour-management relations, increase

organizational performance and at the same time provide for

increased job

satisfaction on the part of workers. Not withstanding the experience

of the past

twenty years and the conclusion that these programs do achieve the

objectives

set for them: their rate of diffusion has been limited, they often suffer

from a

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limited life span, there is still considerable skepticism within labour

and management

as to their appropriateness, and in many instances their success and

continued

viability is highly dependent upon one or two key individuals within

the union or

management and not the overall soundness of the process (Kochan

and

Osterman; Betcherman et al).

The Labour-Management Relations Situation.

The present labour-management relations situation is rooted in the

history of

conflict between the parties. For the greater public good, the State

has developed

laws and regulations to govern this conflict. These laws determine the

process by

which unions attain bargaining rights, how contracts are negotiated,

settlements

reached and agreements interpreted. The prime focus of this

governmental action

has been the control of the parties in an attempt to mediate the

excesses of the

presumed inevitable conflict.

At the same time as the legal and administrative structure of the

industrial

relations system was being constructed, researchers and

practitioners, most of

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whom were behavioral scientists, were developing new and useful

concepts and

insights in the field of organizational behaviour and development.

These concepts and their application have had, and are having, a far-

reaching and

important impact on the ways in which human resource management

problems are

addressed and handled. Innovative approaches have been developed

in a variety

of organizational settings to deal with long standing problems of

employee

alienation, performance and quality management, and resistance to

change. In fact,

a whole new "technology" of organization change (Alexander, French

and Bell) has

developed over the past several decades built on principles of

involvement,

multi-skilling, equity, empowerment, teamwork, joint problem-solving

and

collaboration4.

It is our belief that the process of implementing change has to

be viewed within the context of the overall relationship between

union and management and must be described in greater detail

than currently exists within the literature.

It is our hope that the models outlined in this article and the

detailed description of

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the change process will be instructive for unions, management,

consultants and

academics who are interested in improving labour-management

relations and

Introducing change into organizations. We also believe that a

comprehensive

approach to integrating the thinking of labour-management

relations and

organization development will help increase the probability of

success and

Sustainability in implementing workplace change and improving

relations between

unions and management.

A Systems View of Labour-Management Relations

For the past four decades it has been generally recognized that

labour-management relations, if they are to be understood, should be

viewed as a

system. Original work in describing this system was done by

Harvard's John Dunlop

(Dunlop 1957). Dunlop's work was subsequently built upon by other

theorists in the

field. One of the most widely accepted systems models is that of

Walton and

McKersie (Walton and McKersie 1965, 1991). This Model, as shown in

Exhibit I views

labour relations as being composed of four components:

(1 ) determinants,

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(2)areas or arenas of interaction and activities,

(3) emergent relations between the parties and

(4) consequences. As with all systems, there is a

fundamental

Relationship between the elements whereby each of them interacts to

a greater or

lesser degree with one another. Walton and Mckersie in their work

focus on

Understanding the relationship between the parties in the context of

collective

Bargaining and the negotiation of a collective agreement. It is now,

however,

Accepted that their model is generally applicable in understanding a

broader range

of elements in the relationship between labour and management7.

The interesting thing to note, in their model, is that from the point of

view of

Change and particularly developing better relations between labour

and

Management, the two key elements are the centre boxes - those

dealing with

Interactions and activities and the nature of the relationship. It is

these two

Elements that form the central part of our analysis and upon which we

will

Concentrate in outlining how organization development strategies are

used to

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introduce innovation and potentially to build more collaborative

labour-management

relations.

LABOR-MANAGEMENT RELATIONS:-

The majority of key turning points in labor-management relations in the

United States have been associated with periods of economic hardship. The

Great Depression saw the establishment of comprehensive federal

legislation designed to protect workers' right to organize. With the

slowdown in economic growth and the intensification of global competition

after the early 1970s, a number of labor-management cooperation programs

were advocated to improve the efficiency of U.S. firms. In 1993, the Clinton

administration established the Commission on the Future of Worker-

Management Relations to address a broad range of issues, among them

labor-management cooperation programs and the reform of U.S. labor law.

The federal government first guaranteed the right to organize and bargain

collectively for railroad workers with the passage of the Railway Labor Act

of 1926. The National Industrial Recovery Act of 1933 (NIRA) was part of

the New Deal policies of the Great Depression era. The NIRA was intended

to protect workers' right to unionize. It stated "That employees shall have

the right to organize and bargain collectively through representatives of

their own choosing. … The NIRA had several shortcomings, among them a

lack of enforcement provisions, and the act did little to promote workers'

rights.

The basic law regulating labor-management relations and collective

bargaining in the United States is The National Labor Relations Act of 1935,

commonly referred to as the Wagner Act. A key provision of the act

guarantees the right of nonmanagerial employees who work for firms

engaged in interstate commerce to join unions and bargain on a collective

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basis. The legally protected right of workers to unionize was first

established at the state level. In Massachusetts, for example, the state

Supreme Court recognized this right in an 1842 decision.

The Wagner Act was primarily the work of Robert Wagner, a Democratic

Senator from New York who wished to address the shortcomings of the

NIRA. In 1933, Wagner began meeting with representatives from the

American Federation of Labor and the National Labor Board, which was set

up to administer the NIRA. These meetings culminated in the writing of the

Wagner Act in February of 1934. The act failed to receive congressional

support when initially introduced, but passed after the Democrats made

substantial gains in the congressional elections of 1934; it was signed into

law by President Roosevelt in July of 1935.

The most controversial part of the Wagner Act was Section 8, which

prohibited what it called "unfair labor practices" on the part of employers.

Under Section 8, employers could not legally fire workers for joining unions,

could not refuse to bargain with a union that represented a majority of

workers, and could not establish company unions. In large part due to the

Wagner Act, union membership increased from 4 million in 1935 to 12

million in 1947. The National Labor Relations Board (NLRB) was

established to administer the Wagner Act and is still the key agency

regulating labor-management relations at the national level.

The constitutionality of the Wagner Act was affirmed in 1937 by the

Supreme Court in National Labor Relations Board vs. Jones and Laughlin

Steel Corporation. Shortly thereafter, pro-business organizations such as

the National Association of Manufacturers sought to amend the Wagner Act.

The Wagner Act was not amended, however, until the record wave of strike

activity that followed World War II, in which President Truman personally

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intervened to settle disputes in the coal mining, railroad, and steel

industries.

The National Labor Relations Act of 1947, also called the Taft Hartley Act,

became law over the objections of the National Labor Relations Board

(NLRB) and Truman's veto. Important amendments were made to Section

8, clarifying what were considered unfair labor practices by unions and

employees; the Wagner Act had covered only unfair practices by employers.

Another key amendment was the addition of Section 14(b), which legalized

what came to be called right-to-work laws. These laws, enacted at the state

level, prohibited what is known as a union shop, in which all workers in a

unionized factory are forced to join the union and pay dues. Right-to-work

laws make union organizing much more difficult and continue to be opposed

by organized labor into the late 1990s. Labor interests reject the term

"right-to-work" as pertains to these laws as a cynical misnomer. They

contend that since a union acting as a bargaining agent is compelled to

represent all the workers in question (and not just those belonging to the

union), it is only fair that all those employees should pay their share for the

benefits of union representation by being dues-paying union members.

Q.3

(b) What objections might labor raise to cooperating with

management? What objection might management

raise to cooperating with labor?

Answer:-

WHAT IS LABOR-MANAGEMENT COOPERATION?

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Labor-management cooperation is a state of relations where labor and

management work hand-in-hand to accomplish certain goals using mutually

acceptable means.

It is the outcome of a continuing process of enhancing mutual trust

and respect through:

information sharing

discussion

consultation

negotiations

as schemes of workers’ participation in decision-making process on matters

not covered by collective bargaining agreements.

WHY IS THERE A NEED FOR LABOR AND MANAGEMENT TO

COOPERATE?

Primarily, because labor and management are social partners sharing a

common interest in the success and growth of the enterprise and the

economy.

Specifically,

to promote workers’ participation in decision-making processes

to create a labor relations climate conducive to productivity

improvement

to improve the quality of working life

to achieve and sustain economic growth

WHAT ARE THE MECHANISMS TO PROMOTE LABOR-

MANAGEMENT COOPERATION?

Direct participation mechanisms through small group activities like quality

control circles or productivity improvement circles. Indirect participation

mechanisms through jointconsultative bodies like labor-management

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councils or committees.Combination of direct and indirect participation

mechanisms like joint bodies and small group activities.

THE PROBLEM SOLVING PROCESS

To ensure the non-adversarial character of the labor-management

committee, issues should be addressed using the problem-solving process

involving the following steps:

Define the problem

Get all the facts

Find the cause of the problem

Propose solutions

Evaluate proposed solutions

Select the best solution

Implement the corrective action

Evaluate the corrective action undertaken

WHAT ARE USUALLY COVERED BY LABOR-MANAGEMENT

COOPERATION PROGRAMS?

Sharing of information, discussions consultations and negotiations on

matters outside the collective bargaining agreement which may cover,

among others, areas of management decisions like:

personnel policies

production plans

business expansion programs

productivity improvement program

productivity gain-sharing program

job security

improvement of quality of worklife

occupational health and safety programs

introduction new technology and machinery

retrenchment programs

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business mergers of closure

workers’ welfare and livelihood programs

sports, recreation and social activities

    WHAT BENEFITS CAN WORKERS DERIVE FROM LABOR-

MANAGEMENT COOPERATION PROGRAMS?

Opportunity to participate in policy and decision-making process

A channel of communication to top management

Means to make inputs in solving operational problems and management

plans affecting workers in the workplace

Avenues for employees to air complaints that cannot be appropriately

addressed in the grievance procedure

Opportunity to demonstrate that the union is a responsible organization

with a constructive role to play beyond the traditional contract

negotiations and grievance settlement

Opportunity for self-improvement and on-the-job leadership training

WHAT BENEFITS CAN MANAGEMENT DERIVE FROM LABOR-

MANAGEMENT COOPERATION ROGRAMS?

A forum to share information about business conditions, quality

problems, product development and other matters that demonstrate the

role of employees in the success of the enterprise.

An opportunity for advanced discussion of operational problems and

plans, particularly those affecting employee work schedules, overtime,

lay-offs, transfer, etc.

A means to relate with the union without being bogged down in labor

relations issues.

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Opportunity to demonstrate responsiveness to constructive suggestions

and valid complaints of employees in improving the workplace.

Means to tap the large reservoir of know-how and creativeness of

employees.

A channel of communication with employees

Enhancement of human factor in organizational effectiveness.

STEPS IN THE FORMULATION OF LABOR-MANAGEMENT

COOPERATION PROGRAMS

Orientation on labor-management cooperation

Recognition of common objectives and problems and the need to

cooperate and agree on mutually acceptable solution

Determination of appropriate organizational structure

Adoption of operating guidelines to govern the cooperation program

Setting-up of the operating structure

Training of persons involved in the cooperation program

Identification and prioritization of problems

Formulation and development of plans and projects

Implementation of plans and projects

Monitoring and evaluation of projects

GUIDELINES IN SETTING UP APPROPRIATE ORGANIZATION

STRUCTURE

Under R.A. 6715, the operating mechanism for labor-management

cooperation program in organized establishments is called Labor-

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Management Council. In unorganized establishment, the mechanism is

called Labor-Management Committees.

To ensure the orderly operations of the Council or the Committee, it is

desirable that the parties agree on the basic guidelines or principles which

may include:

The objectives of the committee/council

Coverage of committee’s/council’s activities

Structure and size of the committee/council

Time, place, duration and frequency of meeting

Procedure for the timing exchange of agenda

Recording, maintenance and dissemination of minutes of meetings

Other matters the parties may wish to include

ORGANIZATION AND STRUCTURE OF A LABOR-MANAGEMENT

COUNCIL OR COMMITTEE

While there are no set rules, a typical committee/council has the

following organizational features:

Composed of an adequate number of representatives from labor and

management.

Labor representatives shall be elected by at least the majority of the

workers in the establishment.

Management is represented by top level officials, the personnel or

industrial relations manager, the production manager and other officers

including supervisors.

There are two co-chairmen – one from each side who serve concurrently

or on a rotating basis. A secretary is also appointed.

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A third party facilitator acceptable to labor and management may assist

the committee particularly in the early stages of its operation.

Sub-committees may be formed to consider specific concerns at the

shop-floor level.

WHAT FACTORS ARE NECESSARY FOR THE SUCCESS OF

LABOR-MANAGEMENT COOPERATION?

Attitudes

- Sincerity - mutual support

- Mutual trust - openness

- Commitment- teamwork

- Mutual respect- objectivity

Appropriate skills

- Leadership - facilitation

- Communication- team building

- Problem-solving- planning

Suitable structure

addresses identified needs and concerns

can be formal, informal or both

assures adequate representation of labor and management

ensures attainment of decisions through consensus

provides feedback mechanism at all levels of the organization

THE ROLE OF THIRD PARTIES

Parties to a labor-management cooperative effort may require the services

of a third party facilitator. At their invitation, a facilitator can assist in a

variety of ways particularly in the initial stages, to wit:

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Help enhance mutual trust between labor and management

Assist the parties in identifying common interests, problems and

opportunities

Facilitate the first few and often difficult meetings of a new labor-

management committee

Guide the committee in problem-solving techniques

Provide technical assistance to the committee

Assist the parties obtain technical assistance from other agencies and

institutions.

NCMB SERVICES ON LABOR-MANAGEMENT COOPERATION

Promotional activities

Development, production and dissemination of IEC materials (NCMB

Briefing Paper,

Technical Assistance

Conduct of orientation seminar on LMC

Conduct of “LMC FACILITATORS’ TRAINING”

Interpersonal Relationship/Group Dynamic Skills

Communication Skills

Organizing/Facilitating Skills

“LMC At Work”

Action Researches/studies

Q. 4

What is NLRB? What are the unfair labor practices?

Answer:-

The National Labor Relations Board (NLRB) is an independent agency of the United States government charged with conducting elections for labor union representation and with investigating and remedying unfair labor

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practices. Unfair labor practices may involve union-related situations or instances of protected concerted activity. The NLRB is governed by a five-person board and a General Counsel, all of whom are appointed by the President with the consent of the Senate. Board members are appointed to five-year terms and the General Counsel is appointed to a four-year term. The General Counsel acts as a prosecutor and the Board acts as an appellate judicial body from decisions of administrative law judges.

History

A predecessor organization, the National Labor Board, was established by the National Industrial Recovery Act in 1933, an act that was

subsequently struck down by the Supreme Court.

The NLRB was established by Executive Order 6763 on June 29, 1934. Its first Chair was J. Warren Madden.

Leon Despres, the noted Chicago civil rights activist and lawyer, was a trial examiner for the NLRB from 1935-1937.

Quorum issues

From December 2008 until March 2010, the five-member Board had only two members, creating a legal controversy. Three members' terms expired in December 2008, leaving the NLRB with just two members—Chair Wilma B. Liebman and Member Peter Schaumber.[4] President George W. Bush refused to make some nominations to the Board and Senate Democrats refused to confirm those he did. Just before the Board lost a quorum, the five Members agreed to delegate their authority to a three-person panel (as provided for by the National Labor Relations Act). Only two of the members of the panel (Liebman and Schaumber) would remain on the Board, but the Board concluded that these two members constituted a quorum of the panel and thus could make decisions on behalf of the entire Board. Liebman and Schaumber informally agreed to decide only those cases which were noncontroversial (in their view) and on which they could agree, and issued more than 400 decisions between January 2008 and September 2009.

In April 2009, President Obama nominated Craig Becker (Associate General Counsel of the Service Employees International Union), Mark Gaston Pearce (a member on the Industrial Board of Appeals, an agency of the New York

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State Department of Labor), and Brian Hayes (Republican Labor Policy Director for the Senate Committee on Health, Education, Labor and Pensions) to fill the three empty seats on the NLRB.

Meanwhile, the 1st Circuit Court of Appeals, 2nd Circuit Court of Appeals, and 7th Circuit Court of Appeals upheld the two-member NLRB's authority to decide cases, while the D.C. Circuit Court of Appeals did not. In September 2009, the Justice Department asked the U.S. Supreme Court to immediately hear arguments concerning the dispute, given the high stakes involved. The Supreme Court granted certiorari in October and agreed to decide the issue. In the spring of 2010, the Supreme Court ruled that the NLRB could have no quorum with just two members, likely invalidating hundreds of previous rulings made by Liebman and Schaumber.

Becker's nomination appeared to fail on February 8, 2010, after Republican Senators (led by John McCain) threatened to filibuster his nomination. President Obama said he would consider making recess appointments to the NLRB due to the Senate's failure to move on any of the three nominations. True to his word, Obama on March 27, 2010 recess appointed both Becker and Pearce to the NLRB.

On June 22, 2010, the Senate in a voice vote unanimously confirmed Pearce to a full term, thus allowing him to serve until August 27, 2013, instead of only through the end of 2011, which was what his recess appointment would have allowed. Also on June 22, 2010, the Senate in a voice vote confirmed Republican nominee Brian Hayes of Massachusetts in a voice vote, allowing Hayes to serve in a term that will end December 16, 2012.

Jurisdiction

The Board's jurisdiction is limited to private sector employers and the United States Postal Service; other than Postal Service employees, it has no authority over labor relations disputes involving governmental, railroad and airline employees covered by the Adamson Railway Labor Act, or agricultural employees. On the other hand, in those parts of the private sector its jurisdictional standards are low enough to reach almost all employers whose business has any appreciable impact on interstate commerce.

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Structure

Processing of charges

Charges are filed by parties against unions or employers with the appropriate regional office. The regional office will investigate the complaint. If a violation is believed to exist, the region will take the case before an Administrative Law Judge who will conduct a hearing. The decision of the Administrative Law Judge may be reviewed by the five member Board. Board decisions are reviewable by United States Courts of Appeals. The Board's decisions are not self-executing: it must seek court enforcement in order to force a recalcitrant party to comply with its orders. (For greater detail on this process see the entry for unfair labor practice).

B:-Unfair labor practice

In United States labor law, the term unfair labor practice refers to certain actions taken by employers or unions that violate the National Labor Relations Act (NLRA) and other legislation. Such acts are investigated by the National Labor Relations Board (NLRB).

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Definition of "unfair labor practice"

The NLRB has the authority to investigate and remedy unfair labor practices, which are defined in Section 8 of the Act. In broad terms, the NLRA makes it unlawful for an employer to:

interfere with, two or more employees act in concert to protect rights provided for in the Act, whether or not a union exists),

to dominate or interfere with the formation or administration of a labor organization

to discriminate against employees for engaging in concerted or union activities or refraining from them,

to discriminate against an employee for filing charges with the NLRB or taking part in any NLRB proceedings

to refuse to bargain with the union that is the lawful representative of its employees.

The Act similarly bars unions from:

restraining or coercing employees in the exercise of their rights or an employer in the choice of its bargaining representative

causing an employer to discriminate against an employee,

refusing to bargain with the employer of the employees it represents

engaging in certain types of secondary boycotts

requiring excessive dues

engaging in featherbedding (requiring an employer to pay for unneeded workers)

picketing for recognition for more than thirty days without petitioning for an election,

entering into "hot cargo" agreements (refusing to handle goods from an anti-union employer)

striking or picketing a health care establishment without giving the required notice.

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Filing of a charge

While the employees of the NLRB may assist individuals in filing charges, they cannot file charges on their own. Under the Act, "any person" (except an employee of the Board) may file a charge with the NLRB.

Such charges must be filed and served within six months of the events that constitute the basis of the charge. This deadline may be extended in some cases, e.g., if the party fraudulently conceals its violations of the law. Charges may also be amended if done so within six months of the alleged violation.

Investigation and processing of the charge

The General Counsel of the NLRB is responsible for investigating unfair labor practice charges and making the decision whether to issue a complaint. This job is delegated to the Regional Director of the region of the NLRB in which the charge has been filed; the Regional Director in turn assigns it to an employee of the region. It is the responsibility of the charging party to identify the witnesses who can support its charge; should it fail to do so the Regional Director will typically dismiss the charge.

Issuance of complaint and settlement

If the Region finds merit in the charge it will file a formal complaint setting out the violations of the law allegedly committed by the respondent. While the Act requires that the original unfair labor practice be filed within six months, there is no comparable statute of limitations for issuance of a complaint. The complaint may also be amended in some circumstances to include other alleged violations of the Act not specified in an unfair labor practice charge.

The Region will usually renew its attempts to settle the matter after it has made the decision to issue complaint but before it has actually done so. It can settle unfair labor practice charges unilaterally, i.e., without the agreement of the charging party.

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Interim injunctive relief

If the General Counsel believes that there is cause to issue complaint, then he can seek injunctive relief from a federal district court under Section 10(j) of the Act. Injunctive relief is usually ordered when necessary to preserve the status quo pending the Board's decision on the complaint or to prevent employees from suffering irreparable harm. Any injunction lapses once the NLRB issues its decision.

The General Counsel does not have to prove that the allegations in the complaint are well-founded, but only that he has some evidence, together with an arguable legal theory, to support his claims. Even so, the General Counsel rarely uses this power to seek relief while complaints are pending, other than in secondary boycott cases, in which the Act commands the General Counsel to seek injunctive relief.

Hearing and decision

If the case is not settled following issuance of a complaint, then the case will proceed to hearing before an Administrative Law Judge of the NLRB. The Regional Director has the power to issue subpoenas for use by any party prior to the hearing; the Administrative Law Judge has that power once the hearing commences. The hearing is governed by the same rules of evidence that would apply in a federal court trial.

The General Counsel functions as the prosecutor in these proceedings. Just as only the General Counsel can decide whether to issue a complaint, the General Counsel has exclusive authority to decide what charges to pursue. Interested parties may, however, intervene in these proceedings to present evidence or offer alternative theories in support of the charges that the General Counsel has alleged and to seek additional or different remedies than those that the General Counsel has proposed.

Review by the courts

A party that is aggrieved by a decision of the NLRB can seek review by petitioning in the Court of Appeals. The Act gives parties a good deal of latitude as to which court they want to hear their case: either the Circuit in which the hearing was held or the Circuit Court of Appeals for the District of Columbia or any Circuit in which one of the parties against whom the

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complaint was brought resides or does business. The NLRB, as a matter of policy, only petitions in the Circuit in which the hearing was held.

The NLRB's decisions are not self-executing: it must seek court enforcement in order to force a recalcitrant party to comply with its orders. The Court of Appeal reviews the Board's decision to determine if it is supported by substantial evidence and based on a correct view of the law.

Compliance

If the Court of Appeals enforces the Board's order then the case will return to the Region for it to monitor the respondent's compliance. In those cases in which the Board's order requires payment of back pay, the Region will commence compliance proceedings if it is not able to resolve all disputes over the amount of back pay. These compliance proceedings are also held before an Administrative Law Judge, based on the compliance specification filed by the Region. The same procedural rights apply in these proceedings as in the earlier proceedings on the merits of the charge

Q. 5(a)

Why employees fail to join unions?

Answer :-

Top Five Reasons You Can't Blame Employees for Joining A Union

We all know that union membership has been on the decline for decades.

But with a new administration in the White House, and Democrat majorities

in the House and Senate, employers should expect significant labor law

reforms and dramatically different enforcement strategies that will make it

easier for labor unions to organize employees. In fact, hopeful labor leaders

proclaim that the expected changes could add up to 1.5 million new

members per year for the next 15 years.

With the seemingly inevitable surge in union organizing upcoming, many

businesses have already begun to point fingers at politicians, unions, and

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employees. Few stop to remember that the primary reason an employee

joins a union is because of the employer's bad practices.

Historically, unions are most successful where employers send the message

that they "don't care" about their employees. Allowing employees to work in

unsafe conditions, not addressing or resolving employee concerns, showing

favoritism, and making employment decisions that are perceived as unfair

can leave your company susceptible to an organizing campaign.

With that in mind, let's take a look at why employees join unions, and what

you might do to convince them otherwise. There are lots of reasons. Here

are five that we see most often.

The Number One Reason You Can't Blame Employees for

Joining a Union: Favoritism

As should be obvious by now, the number one reason employees join a

union is because they feel their employer is treating them "unfairly." That

can mean lots of different things, but nowhere is it more evident than when

an employer takes inconsistent disciplinary action. Where employees feel

that they have been subjected to discipline which they did not deserve, or

did not expect, or that another employee got a break that they did not,

union organizing may not be far off.

To sum it up: a good pro-employee management style is also a good way to

stay union free. Employers that take this approach will: 1) prove to

employees that their employer cares about them; 2) improve working

conditions before the threat of union organizing arises; 3) detect issues that

could be exploited by unions; and 4) provide an established mechanism for

implementing pro-employee practices and responding credibly to any

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imminent organizing threat.

Reason Number 2: Ignoring employee complaints

You don't like to be ignored. Neither do your employees. When you overlook

employee complaints, and especially claims of discrimination and payroll

concerns, or fail to resolve them quickly and efficiently, resentment grows.

Give employees orders without explanations, or ask them to perform jobs

that they are not suited to do, and they begin to feel more like a number, as

opposed to a valuable member of a productive team.

Unions know this. Indeed, one of the key promises made in every union

campaign is to provide employees a "stronger voice on the job." To the

underappreciated employee, this can be an attractive selling point.

You need an effective complaint-handling system ¿ one that gives you

employee feedback on a regular basis. Periodic group meetings and mini-

surveys are good places to start. That way, if a union starts promising your

employees a "voice" in the workplace, they'll understand that they already

have opportunities to be heard, and they'll more likely conclude that they

don't need to pay a union representative for that privilege.

And keep this in mind: if you shut down employee complaints, you're not

getting the benefit of their ideas and suggestions either.

Reason Number 3: Lack of respect

It goes without saying that, just as employees do not like being ignored,

they also do not like being disrespected. Disciplining employees in front of

others, assigning blame before reviewing the facts, and generally playing

favorites are all factors that can cause employees to feel disrespected, and

turn to a union for help.

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To counter this, ensure that your supervisors are well-trained on effectively

communicating with employees, especially about sensitive subjects like

discipline or job performance. Helping managers become better leaders and

advocates for their employees makes the managers better "caretakers" of

employees and reduces employee vulnerability to the traditional union sales

pitch.

Actually, the Golden Rule about treating others the way you'd like to be

treated, is a pretty good business model for your supervisors to follow with

their employees.

Reason Number 4: Lack of concern about safety

Employees expect to work in a safe environment. They expect safety

training, appropriate equipment, and clear guidelines and procedures for

responding to and reporting workplace accidents. Too often, employers fail

to meet these basic expectations. Not only does this leave your organization

susceptible to potential OSHA citations, it also opens the door to a union-

organizing campaign.

Employers who address safety issues early on are therefore better suited to

counter the inevitable union promise to create a "safer" workplace. This

begins with management and supervisor safety training. Remember, safety

is not simply a book of rules and regulations, but a culture of smart

behavior that needs to be encouraged from the top down. Employers who

actively promote a safe work environment will not only find that they are

well prepared for a union campaign, but also that they have protected

themselves from costly OSHA citations, and created a more productive

business environment.

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Reason Number 5: Non-competitive pay and benefits

The bottom line in an organizing drive often comes down to wages and

benefits. Unions argue consistently that representation leads to higher

wages, better health care, and a secure retirement. The "union advantage,"

employees are told, will put more money in their pockets.That's not

necessarily true, of course, and in fact it's sometimes the reverse. But

perception can become reality and if your employees believe that your

organization is easily capable of providing more but just chooses not to,

they are easy union targets.

Employers who provide fair and competitive wages and benefits are less

susceptible to this argument. Employees talk to their friends and neighbors

at competing businesses and learn quickly if they are being paid less than

others. To the extent that employees feel they are earning less, they will be

more likely to believe that the union can get them more.

Participate in wage-benefit surveys where you can and make sure you are

competitive in your industry and your location. If your position in the

community is not at the top of the scale, be prepared to explain why,

including the trade-offs of the other non-monetary advantages of working at

your company, which employees may not always focus on. The more honest

you are with your employees the more likely they are to believe you when

you explain that a union is not the answer to their concerns.

Why unions don't respond to "disgruntled

members"

One reason for union misbehavior is that disgruntled members are often

exhausted, sometimes sick, sometimes looking after new babies, or hoping

to keep up appearances at the next employer. They are as unlikely to sue as

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people who buy fake viagra, and unions know this. In commercial terms,

these members are often at the end or their relationship with the union and

out of touch with new recruits. Unions know this too. A vague little implied

contract is all unions need to make it very unlikely they will be sued.

"Unions function as labor cartels. A labor cartel restricts the number of

workers in a company or industry to drive up the remaining workers'

wages..... Companies pass on those higher wages to consumers through

higher prices, and often they also earn lower profits. Economic research

finds that unions benefit their members but hurt consumers generally, and

especially workers who are denied job opportunities.

The average union member earns more than the average non-union worker.

However, that does not mean that expanding union membership will raise

wages: Few workers who join a union today get a pay raise. ....The economy

has become more competitive over the past generation. Companies have

less power to pass price increases on to consumers without going out of

business. Consequently, unions do not negotiate higher wages for many

newly organized workers. These days, unions win higher wages for

employees only at companies with competitive advantages that allow them

to pay higher wages, such as successful research and development (R&D)

projects or capital investments.

Unions effectively tax these investments by negotiating higher wages for

their members, thus lowering profits. Unionized companies respond to this

union tax by reducing investment. Less investment makes unionized

companies less competitive.

Economists consistently find that unions decrease the number of jobs

available in the economy. The vast majority of manufacturing jobs lost over

the past three decades have been among union members--non-union

manufacturing employment has risen. Research also shows that widespread

unionization delays recovery from economic downturns.

Some unions win higher wages for their members, though many do not. But

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with these higher wages, unions bring less investment, fewer jobs, higher

prices, and smaller 401(k) plans for everyone else.

Union contracts compress wages: They suppress the wages of more

productive workers and raise the wages of the less competent. Unions

redistribute wealth between workers. Everyone gets the same seniority-

based raise regardless of how much or little he contributes, and this

reduces wage inequality in unionized companies... But this increased

equality comes at a cost to employers. Often, the best workers will not work

under union contracts that put a cap on their wages, so union firms have

difficulty attracting and retaining top employees.

"Final union contracts typically give workers group identities instead of

treating them as individuals. Unions do not have the resources to monitor

each worker's performance and tailor the contract accordingly. Even if they

could, they would not want to do so.

Q. 5 (b)

What are the two extremes of non-unionized employers?

Answer :-

For most non-union employers, the National Labor Relations Act

(NLRA) is probably not the federal statute that has drawn a great

deal of attention in recent years. Given the steady decline in union

membership, density, and the number of representation elections

conducted over the last forty years, the lack of attention is

understandable. Yet in spite of the steady decline in membership

and organizing activity, the basic rights of workers to form and join

unions guaranteed under the NLRA continue to be advanced by

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financially and politically powerful entities within the American

economy. The purpose of this paper is to analyze recent US Court

and NLRB decisions, examine recent union organizing initiatives,

and to assess their impact on management policy and practice.

Non-Union Contractors

Welcome to Local 226's non-union contractor page. The purpose of this page is to

acquaint a non-signatory contractor to the advantages of becoming a signatory

contractor and to dispel some of the misconceptions about what happens once you

become signatory.The notion that organized labor is no longer needed and a thing

of the past is simply not true. In fact, the need for highly skilled electrical workers

has never been greater.

So why should you consider becoming a signatory contractor?

1. Training –

The IBEW is committed to putting the most highly trained people in the field. Our

manpower pool is second to none. Highly skilled electricians are available in

whatever specialty you need, most times within 24 hours with just one phone call.

You specify what your requirements are and we provide the level of expertise.

No more ads in the newspaper.

• No more going to employment agencies.

• No more wasted man-hours evaluating skill levels; we do the evaluation for

you.

• No more walking away from work because you may not feel you have the

experienced manpower to complete the project.

 What about your existing workforce? We will bring them into membership,

evaluate their strengths and weaknesses and provide improvement classes

where necessary to bring their abilities up to date. Local 226 provides

professional personnel who have chosen the electrical industry as a career,

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not just for a job.

Our members are committed to these goals

• Give “eight for eight”, which means to be where you should be on the job

performing your assigned tasks. Give an honest day’s work.

• Use the proper tools for the job at hand.

• Be a safe employee and point out unsafe conditions to others.

• Be a drug- and alcohol-free worker.

• Be an ambassador for our industry; make sure our customers would want to

hire you again.

• Listen to and carry out work assignments in a timely fashion.

• Use materials in an appropriate manner, thus eliminating waste.

• Have a positive attitude about your work on and off the job.

• Honor the provisions of your collective bargaining agreement.

2. Wages and Benefits - Our agreements are negotiated between the National

Electrical Contractors Association  and Local 226. Negotiations provide continual

renewal to the commitment by management and labor to provide the best product

at a reasonable cost. If the signatory contractor cannot compete, we as a union

cannot long survive. Being fair, the wage and benefit structure not only takes into

consideration what it takes to compete, but also what it takes to assure a stable

workforce. We are a partnership. Our Health and Welfare plan, for example, is

self-insured and provides excellent coverage at a very reasonable cost. We also

have an excellent defined Benefit Pension Plan. Both you and your office

employees can participate under certain circumstances.

3. Manpower Pool - Probably one of our strongest selling points is our member

pool. Contractors who sign with Local 226 express that getting the right

manpower at the right time is a big problem. Often, the difference between

making a profit and suffering a loss is having the manpower to get the job done.

Newspaper ads attract, at best, semi skilled workers who tell you in the office they

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can do it all, but in the field, more often than not, prove otherwise.

What about going through employment agencies? Did you know that if you hire

someone through one of these trade agencies and that worker gets hurt, your

worker's compensation insurance may not cover them and leave you open for a

third-party lawsuit? Electrical work requires a level of expertise that employment

agencies cannot provide. All members who graduate our apprenticeship program

have successfully completed 5 yrs classroom and OJT, are KS State certified for

licensing, are safety trained, first aid and cpr certified, NFPA 70E Training and

OSHA 10 certified, can read blueprints, are trained in installation and fabrication

of all types of conduit, have basic transformer connection and moter control skills,

have extesnive training in all areas of NEC. Have comprehensive AC & DC theory

training. More new training is implemented each year and continuing education

classes are offered for all members.

Manpower should be a business decision, where the manpower comes from should

be of no consequence. Your decision should be based on value and getting the best

employees for dollars spent, much the same way you decide on which supply

house to use. Local 226 simply supplies the best for the money. Local 226 provides

the vehicle for you to run and grow your business. Whether you need manpower

for one day or one year, we have the trained personnel to respond.

So where do you go from here? While a web page can be helpful in getting some

points across, the reality is that most electrical contractors have specific concerns

and needs. The only way to address these issues is on an individual basis, one-on-

one. Local 226 has a no commitment, no obligation policy that allows a contractor

to hear firsthand what the IBEW has to offer. Then, and only then, can you make

the decision if the IBEW is right for your company.

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