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Example research essay topic: Collective Bargaining Agreement Trade Union - 1,650 words

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The following are the main provisions in the Act. TRADE UNION RECOGNITION The new legislation will allow Trade Unions to seek collective bargaining rights with employers in certain circumstances. Independent trade unions can exist in organisations employing 21 or more workers, if that is the wish of a majority of the workforce. The procedure seeks to encourage voluntary agreements where possible. However sometimes Trade Unions and Employees cannot reach an agreement, in these cases the decision will be taken by the Central Arbitration Committee (CAC), which will decide the appropriate bargaining unit and whether the union should be recognised.

Also, if it finds it necessary it can impose a legally - binding procedure for bargaining about pay, hours and holidays. ACAS CODE OF PRACTICE ON DISCIPLINARY AND GRIEVANCE PROCEDURES - On 4 th September 2000, ACAS (Advisory conciliation and Arbitration Service) published its revised Code of Practice. Included in the new code is the statutory right of an employee to be accompanied by a fellow worker or a TU representative at disciplinary and grievance hearings. The right applies only to those hearings, which deal with serious matters, such as disciplinary matters. (e. g.

Hearings resulting in a warning or some other action against the worker) In the case of grievances, the right applies in hearings concerned with the performance of a statutory, contractual or other duty by the employer in relation to the worker. Individuals who seek to be accompanied or who seek to accompany another worker will also be protected against victimisation for doing so. TIME OFF FOR DEPENDENTS - All employees will have the right to take a reasonable period of time off work to deal with an emergency involving a dependant. PARENTAL LEAVE DIRECTIVE - This provides a right to parents of up to 13 weeks unpaid leave to individuals who meet the conditions within the regulations.

THE MATERNITY LEAVE REGULATIONS - Leave will increase to 18 weeks and the qualifying service for additional maternity leave will reduce from two years to one year. PART TIME WORK REGULATIONS - New regulations come into force for the purpose of ensuring that persons in part time employment are treated no less favourably than those in full time employment. This came into force on 1 April 1999 throughout the UK. In most cases workers aged 22 or over will receive at least 3. 60 per hour (3. 70 per hour from 1 st October 2000), workers aged 18 - 21 will receive 3. 20 per hour (from 1 st June 2000). This came into force on 2 July 1999 and protects workers against detriments or dismissal for raising concerns or disclosing information about matters in the public interest. Since 1 June 1999 qualifying service for unfair dismissal has reduced from two years to one year.

From October 1999 the maximum compensation for unfair dismissal increased from 12, 000 to 50, 000 in most of unfair dismissal claims. These, provide new basic rights and protection for many workers, ensuring they do not have to work excessive hours and in addition give rights to four weeks paid holiday entitlement. Trade Union Recognition and Individual Representation rights on disciplinary and grievance procedures are the two areas that create the most challenging implications for an organizations operating levels. (Management, Trade Unions, employers) Management should from now on, pay more attention on the way it is dealing with employee relationships, as procedures are stricter than ever. Probably the hardest task will be implementing the changes imposed by the new Act. Management should also focus on creating a standardised approach towards employee relationships, thus creating a harmonized and unified structure within the organisation. Furthermore, the management must decide the boundaries that should be set in order to achieve objective judgments in exceptional cases as well as the measures that will allow all relevant procedures to be controlled.

Harvard Business school 1984 stated that employees were a major stakeholder and that It is critical that managers design and administer various mechanisms for employee influence (Beer et al 1984) Looking at the case more deeply, the role of management is one of seeking to reconcile the inevitable conflicts that either result from poor communications or from people seeking to further their own interests. Trade Union Recognition and Individual Representation rights on USA According to USA law, each employee has the right to form, join, or assist any labor organization (Trade Union), or to refrain from any such activity, freely and without fear of penalty or reprisal, and each employee shall be protected in the exercise of such right. Those rights include acting for a labor organization in the capacity of a representative and the right, in that capacity, to present the views of the labor organization to heads of officials, the Congress, or other appropriate authorities, and also to engage in collective bargaining with respect to conditions of employment through representatives chosen by employees. Nothing shall preclude any organisation and any Trade Union from negotiating (1) at the election of the agency, on the numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work; (2) procedures which management officials of the agency will observe in exercising any authority under this section; or (3) appropriate arrangements for employees adversely affected by the exercise of any authority such as management officials. An organisation shall accord exclusive recognition to a Trade Union if the Trade Union has been selected as the representative, in a secret ballot election, by a majority of the employees in an appropriate unit who cast valid ballots in the election. The Authority shall determine the appropriateness of any unit.

The Authority shall determine in each case whether, in order to ensure employees the fullest freedom in exercising the rights the appropriate unit should be established on an agency, plant, installation, functional, or other basis and shall determine any unit to be an appropriate unit only if the determination will ensure a clear and identifiable community of interest among the employees in the unit and will promote effective dealings with, and efficiency of the operations of the organisation involved. web Create Date: Oct- 12 - 00 13: 39 A Trade Union which has been accorded exclusive recognition is the exclusive representative of the employees in the unit it represents and is entitled to act for, and negotiate collective bargaining agreements covering, all employees in the unit. An exclusive representative is responsible for representing the interests of all employees in the unit it represents without discrimination and without regard to labor organization membership. An exclusive representative of an appropriate unit in an agency shall be given the opportunity to be represented at any formal discussion between one or more representatives of the management and one or more employees in the unit or their representatives concerning any grievance or any personnel policy or practices or other general condition of employment; or any examination of an employee in the unit by a representative of the agency in connection with an investigation if the employee reasonably believes that the examination may result in disciplinary action against the employee and the employee requests representation. Any management official and any exclusive representative in any appropriate unit in the organisation, through appropriate representatives, shall meet and negotiate in good faith for the purposes of arriving at a collective bargaining agreement. In addition, the management and the exclusive representative may determine appropriate techniques, to assist in any negotiation.

The rights of an exclusive representative shall not be construed to preclude an employee from being represented by an attorney or other representative, other than the exclusive representative, of the employee's own choosing in any grievance or appeal action, or exercising grievance or appellate rights established by law, rule, or regulation. Exceptions exist only in cases of grievance or appeal procedures. Any employee who is the subject of any disciplinary action may appeal such action to the same extent and in the same manner as if the management had taken the disciplinary action absent arbitration. Any employee representing an exclusive representative in the negotiation of a collective bargaining agreement shall be authorized official time for such purposes, including attendance at impasse proceeding, during the time the employee otherwise would be in a duty status. Any collective bargaining agreement may exclude any matter from the application of the grievance procedures, which are provided for in the agreement.

Any negotiated grievance procedure shall be fair and simple, provide for expeditious processing, and include procedures that assure an exclusive representative the right, in its own behalf or on behalf of any employee in the unit represented by the exclusive representative, to present and process grievances; assure such an employee the right to present a grievance on the employee's own behalf, and assure the exclusive representative the right to be present during the grievance proceeding; and provide that any grievance not satisfactorily settled under the negotiated grievance procedure shall be subject to binding arbitration which may be invoked by either the exclusive representative or the agency. Except as otherwise provided under this chapter, such right includes the right -- (a) Subject to subsection (b) of this section, nothing in this chapter shall affect the authority of any management official of any agency -- (1) to determine the mission, budget, organization, number of employees, and internal security practices of the agency; and (2) in accordance with applicable laws -- (A) to hire, assign, direct, layoff, and retain employees in the agency, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees; (B) to assign work, to make determinations with respect to contracting out, and to determine the personnel by which agency operations shall be conducted; (C) with respect to filling positions, to make selections for appointments from -- (i) among properly ranked and certified candidates for promote...


Free research essays on topics related to: collective bargaining agreement, disciplinary action, labor organization, trade union, part time

Research essay sample on Collective Bargaining Agreement Trade Union

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