The world does not stop spinning when the Senate of the United States is in recess. However, vacancies in governmental positions do appear and need appointment. Since the Senate cannot carry out the task while in recess, Article II of the Constitution gives the president the “power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.” The president has the “sole authority” to temporarily fill such positions without Senate approval so as to maintain the flow of governmental action. However, the Senate can be in a pro forma session that prevents the president from making appointments due to the fact that the Senate is technically in session.…
This video was very informative concerning the ins and outs of a unionized work environment. One of the things that was presented is the fact that a union protects the union workers from unfair treatment in the work place as well assist with clearing up any misunderstandings. One example is how the hotel dissolved the entire department, consequently the workers fired happen to be strong supporters of the union. In this particular case, a judge through the Labor board ruled that this was illegal for the hotel to fire these workers along with making other unilateral changes to such as cuts to health insurance. With negotiations with the union, the hotel has made a comprise to bring the workers back to work.…
Elmer Chavarria illegally entered the US from Guatemala almost 20 years in hopes of escaping the violence in his hometown. In 2007 he married a US citizen, Cyndi, and together had a daughter. Unexpectedly, Elmer was assaulted and injured by police during a routine call in his Grand Rapids, Michigan home. After his release Elmer was advised to pursue immediate surgery for two herniated disks pinching his spinal cord which caused him severe back pain and numbness on his lower body. Before his surgery, U.S Immigration and Customs Enforcement intervened and placed him at the Calhoun County Correction Center despite his medical condition.…
PA531 Human Resource Mgmt Name: Xue Qin 1/26/2017 Research Memo of NLRB and FLRA NLRB, the National Labor Relations Board, is an independent federal agency vested with the ability to safeguard employees' rights to organize and to determine whether to have unions as their bargaining representative. The agency also acts to prevent and remedy unfair labor practices committed by private sector employers and unions. The NLRB is an independent Federal agency established to enforce the National Labor Relations Act (NLRA). Congress empowered the NLRB to conduct secret-ballot elections so employees may exercise free choice to decide whether or not a union should represent them for bargaining purposes. NLRB also investigates unfair labor practices.…
To state a claim under the Americans with Disabilities Act (the “ADA”), the employee must show he is a person: (1) with a disability, as defined by the ADA; (2) who is qualified, with or without reasonable accommodation, to perform the essential functions of the job; and (3) who has suffered discrimination by an employer because of that disability. Olsen v. Capital Region Med. Ctr., 713 F.3d 1149, 1153 (8th Cir. 2012). " EEOC v. C.R. Eng., Inc., 2011 U.S. App. LEXIS 8971, *20 (10th Cir.…
The Workers vs Industrialists Court Case What were the strong and weak points of each side? The strongest points on the persecution side were when they were giving details on there work. LIke how Thomas Petrucci said “ We worked 7 days a week for 12 hours a day for a lousy 2.50 to 3:50 per day” i think that this was the strongest argument because they were treated like slaves . The weakest point on the persecution side was” My brother and I were just 8 and 10 when we were sent out to work to simply help our family survive” Now on the defense side the strongest and weakest point was when Andrew Carnegie stated that “ I built almost 3000 public libraries across the country” John D . Rockefeller - “ I am far too valuable to waste my precious time fighting’’…
“On Saturday, June 25, 1938, to avoid pocket vetoes 9 days after Congress had adjourned, President Franklin D. Roosevelt signed 121 bills.” (Grossman). This is the day the Fair Labor Standard Act of 1983 was born. The FLSA was made to save the U.S. from the Great Depression. This Act help ended the Depression the next year in 1939.The FLSA set up a minimum wage system that the employer have to pay the employees.…
The NRLB say that employees have the right to be represented by their union fairly, in good faith, and without discrimination. It also says that the union has the duty to represent all employees whether they are members of the union or not. This duty applies anything the union may deal with in regards to representation of the employees, including collective bargaining and the handling grievances. The National Labor Relations Act gave the unions a wide-range of authority in negotiating and administering collective bargaining agreements. () Due to this wide-range of authority that the unions had the courts realized that employees needed individual protection and the doctrine of the union's duty of fair representation was that protection.…
Right to work movement / Labor Unions What is a Labor Union? Labor Unions are an organized association of workers, often in a trade or profession, formed to protect and further their rights and interests. Labor unions were originated in Europe in the 18th and 19th century. What is the Right to work movement?…
The National Labor Relations Act (NLRA) requires management and the labor organization representing employees to negotiate in good faith. There are three types of bargaining subject established under the NLRA: illegal subjects cannot legally be bargained, voluntary or permissive subjects are not directly related to or affecting the work, and mandatory subjects directly affect wages, hours, or other terms and conditions of employment (Holley, Jennings, and Wolters, 2012). Some mandatory subjects of bargaining although new bargaining subjects continue to arise include safety and health standards, life insurance, tax-deferred savings plan, grievance procedures, holiday pay, and health insurance. Mandatory bargaining subjects are subjects that…
B. National Labor Relations Act Remedies and the Judicial System The NLRB is limited to remedial punishments, and the American courts have continuously ruled that the NLRA “is designed to perform a remedies function and that punitive sanctions may not be imposed for violations.” The court system’s focus on these remedial limitations has also affected those measures recognized to be within the Board’s power. The courts have questioned such remedies as back pay orders, reinstatement orders, and bargaining orders, as well as limited the Board’s remedial power when other legislation comes into play in Board charges.…
It is up to employers to determine whether to classify an employee as exempt or nonexempt under the Fair Labor Standards Act (FLSA). The key considerations of this classification are exempt workers are not eligible for overtime pay rather they are paid for the job they do, not the hours they worked. Nonexempt employees are covered by the FLSA’s minimum wage and overtime pay laws. An employee who is paid on an hourly basis is usually considered to be nonexempt, regardless of the hourly rate paid. Employees commonly classified as nonexempt include clerical, maintenance, construction, mechanics, and semiskilled workers, as well as technicians and laborers.…
There are strength as well as weakness, because some employees might not understand the process or they may be afraid of retaliation. The labor relations specialist make sure that the human resources department comply with any contract in place so they normally consult with a higher manager to gain information; pertaining to wages, employee complains, “benefits, pensions, and all work rules and practices in order to develop or revise any kind a union contract.” Labor relation staffs implements certain programs and supervise any kind of negations. Their role is not to respond to questions which is directed to employee just provide right directions to help clarify process, but they can suggest certain questions to be ask as well as request other employees to be presented as…
Throughout time laws have come and gone. Many different generations have seen acts that were once considered criminal turn legal, and vice versa. One law that has fluctuated in consistency and rule since 1938 is the Fair Labor Standards Act (FLSA). The FLSA is in place to protect workers and is regulated by the United States Department of Labor (DOL). The FLSA encompasses several aspects of the work force that require regulation, including child labor, minimum wage, and overtime pay (Cheeseman, 454).…
Unions have two distinct viewpoints: the business and the union viewpoint (Shmoop Editorial Team, 2008). These two viewpoints help to forge the relationships within individual corporations that can impact the collective bargaining process. However, when it comes to unions differences can exist within public and private sector unions. This is why having a good understanding of the negotiating process and some of the various organizational leadership competencies can be an important aspect of unions (Shmoop Editorial Team, 2008).…