Abstract This paper discusses unfairlaborpractices and strategies to mitigate these practices. It reviews federal and state labor laws and the various categories of laws that they include. The paper also discussed labor unions and their use in combating unfairlaborpractices. Finally, the paper presents a case study of The Panera Bread Company and shows how it has embraced the active conformance to federal and state regulation regarding employment law and protection.
Table of Contents:
Overview
Labor Laws
Pay and Schedule
Safety and Health
Workers' Compensation Programs
Unions
Unions and Unionization
Unions and Labor Relations
Employee Relations
Unions as Relevant
Case Study
Conclusion
From the Paper "The restaurant industry is composed of two major segments: the full-service segment and the fast food segment. However, over the past decade a novel concept has quickly been developing into a new segment of its own: the quick-casual segment. The quick-casual is essentially a combination of the quick order and fast service of the fast-food segment combined with the quality food products found in the traditional full-service segment and the Panera Bread Company operates in this new segment. The quick-casual segment is a segment that produces over $6b a year in revenue and is growing in double digit percentages year on year ("Panera" Annual). As a new, major entrant in the quick-casual segment, the Panera Bread Company has found a niche market product in its "artisan" bread products and has grown its menu to include, in addition to its fresh bread, such items as: salads, soups, gourmet roast coffees, and other specialty type food and drink items ("Panera" SWOT)."
Abstract This paper describes the unfairlaborpractices during the 1930s. The author relates, section by section, the 1935 National Labor Relations Act, also known as the Wagner Act after New York Senator Robert Wagner who backed it, which was passed to counteract some of these unfairlaborpractices such as child labor. The paper explains how the existence of the NLRA helped pave the way for many of the labor laws, which are taken for granted today, including the civil rights laws of the 1950s and 60s.
From the Paper "Section 8 of the NLRA listed, and prohibited, five unfair labor practices. Employers were prohibited from interfering with the employees union. This interference was interpreted as more than intimidation. Employers could not give conditions to any financial support they might offer. If they chose to contribute money or resources to the union it had to be with no strings attached.
Also, employers could not interfere with or restrain employees while they were exercise their right to organize or bargain collectively. Next, employers could not put conditions on employment, which could be interpreted to preclude or force union involvement."
This paper examines the questionable laborpractices and sub-standard working conditions in various Asian countries that produce the Nike Corporation's products.
Abstract This paper discusses the various investigations by different sources into rumored unfairlaborpractices by sports equipment manufacturer Nike. This paper details the results of the investigations which revealed the same pattern of problems in various Nike production plants in Asia. The writer of this paper compares Nike's laborpractices to those of other factories in Asia. This paper also contains strategic solutions to improving the current working conditions of the laborers employed in these same plants.
Outline
Introduction
Working Conditions
Long Working Hours
"Wages May Be Low, But People Want These Jobs"
Evaluation
Bibliography
From the Paper "It is true that workers in shoe factories in Indonesia enjoy conditions which are better than those in many other industries, and for some, better than those at home in the village. And the jobs are sought after. But what this means is that, while things may be bad in these factories, they are even worse elsewhere - especially for the unemployed. For despite the increase in the number of factory jobs in Indonesia, unemployment among 20 to 24 years old is still very high. The people who work in these factories have not, as the quote above implies, been drawn away from subsistence agriculture by better incomes in manufacturing."
Abstract This essay lists the questionable laborpractices of a leading fruit company called Dole in the U.S. The author argues for the unfairlaborpractices of this world-leading fruit company and examines the reasons behind them. Includes suggestions for improvements.
From the Paper "Dole Food Company, with its headquarters in Westlake Village, California, is one of the few multinational corporations that control the worldwide trade of bananas with 25% of the market. Dole bananas are produced in Central America, South America, the Caribbean, Africa, the Philippines and the Canary Islands. Bananas grown in Colombia, Costa Rica, Ecuador, Guatemala and Honduras are for markets in North America, Europe, Russia, the Mediterranean and selected Asian markets. Bananas from the Philippines are transported to Asia, Australia and the Middle East. Europe imports bananas from Latin America, Cameroon, the Ivory Coast, Guadalupe, Martinique, Jamaica and the Canary Islands."
Abstract This paper explains that unfairlaborpractices happen when management crosses the invisible line with an employee on any issue protected by federal from smoking policies to non-compliance with hiring laws. The author relates that the key-deciding factor of the Electromation Case was the employee groups which emerged as a result of management style promoting total quality management or TQM. The case did not put an end to all employee participation programs but established the criteria against which all EPPs must be judged when an unlawful employer domination charge is filed, limiting what these groups can discuss. The paper concludes that, in today's business world, it can be argued that the American management system holds all the power because most of today's workforce is "at-will" and can be terminated at any time.
Table of Contents
Introduction
UnfairLaborPractices The Electromation Case
Management Involvement
Conclusion
From the Paper "Electromation, Inc. is a small company of 200 employees, located in Elkhart, Indiana. The company engages in the manufacture of electrical components and related products. The employees were not represented by a labor organization at the time of legal proceedings. In late 1988 the company concluded it was having financial troubles. In order to cut expenses, the company decided to "alter the existing employee attendance bonus policy and, in lieu of a wage increase for 1989, distributed year-end lump-sum payments based on length of service." After these changes were announced, the company understood the employees were dissatisfied with the arrangement. In January 1989, the company received a signed petition from 68 employees that covered their displeasure over the Attendance policy. From here, meetings were set-up between the employer and the employees to discuss this issue. Later five-action committees were set-up out of this first meeting as a forum for employees to discuss work place issues. However, the issues discussed included issues of labor like wages, hours and benefits as well as something as simple as lunch break."
Abstract The paper defines the FLRA and the NLRB and explains how and when each organization came into being. The writer explains that their fundamental purpose is to provide a mechanism for resolving conflicts between labor and management in an orderly fashion, while protecting the rights of employees to either engage in union activities or refrain from them. The paper shows that the reason the FLRA came into existence was because the NLRB did not serve government workers. The paper explains that it is questionable that the boards are fulfilling their intended roles as neutral agencies with the aim of ensuring that employee choice is realized. The writer explains that the unfairlaborpractices in the FLRA are taken to court to decide their outcome. In conclusion, the goal of any reorganization of the NLRB is to ensure impartiality in the handling of both the charges filed before and actions subsequently taken by the Board, in order to restore public trust in the institution.
From the Paper "In its statutory assignment, the NLRB has two principal functions. The first applies to situations in which a union represents thirty percent or more of any group of employees covered by the National Labor Relations Act. The board conducts secret ballot elections, to determine whether or not these employees wish to be represented in collective bargaining proceedings. The second is to prevent and remedy unlawful acts, commonly referred to as unfair labor practices (ULP) by either employers or unions. Under the provisions established by the NLRB, any individual or labor organization may file a charge alleging unfair labor practice with them. Subsequent to the filing of any charge, the board goes through a step-by-step process in order to arrive at a resolution. When unfair labor practice charges are filed, an investigation for determination of probable cause is conducted. Any charges found to be lacking in merit, are dismissed, although dismissals may be appealed to the office of the General Council in Washington, DC Should the Regional Director find reasonable cause to concur that a violation of the law has been committed, a voluntary settlement is initially sought to remedy the alleged violations. For all settlement efforts that prove unsuccessful, a formal complaint is then issued, bringing the case before an NLRB judge via hearings. Written decisions are issued by the judges, which are subject to appeal by the five-member board in Washington for final agency determination. This decision is not final however, as it can be submitted to the U.S. Court of Appeals for review."
Abstract This paper relates to unfairlaborpractices that develop in corporations, contracts and professional athletic teams. The paper encompasses the National Labor Relations Board (NLRB) and why it disciplines and acts upon violating industries and associations. The composition examines five cases and one law review article. Through these cases, comparisons and dissimilarities between the disputing parties are investigated to demonstrate how the NLRB resolves these conflicts. In addition the cases are compared and contrasted to each other to explain how each individual case is unique in its unfairlaborpractice.
From the Paper "The NLRB is acronym for the National Labor Relations Board. The NLRB was formed in 1935 under the Wagner Act and it guarantees non-supervisory employees the rights to self organize, choose their own assembly, and bargain collectively. The National Labor Relations Board is an independent administrative agency authorized by the Wagner Act of 1935 to oversee the laws, to investigate and hold hearings on unfair labor practice complaints, to issue cease and desist orders against employers discovered guilty of unfair practices, to determine the composition of appropriate negotiation units, and to oversee union certifications and decertification secret ballot election."
Abstract This paper compares and contrasts the union environment on both a national and global scale. It examines how labor unions were established to support workers and protect them from unfairlaborpractices such as discrimination and poor working conditions. It also looks at how labor unions also supported workers by negotiating better pay, savings and pension plans and creating safe work environments. It evaluates how the lack of unions on a global scale is the main reason why American companies are moving their businesses out of the United States and how this not only hurts the foreign worker, but also creates layoffs and lower wages for Americans.
From the Paper "Global and national labor unions are also similar because they both strive to provide quality health benefits, wages, and good working conditions. The labor unions can use their strength in numbers to leverage support against non-union companies and aid workers in these companies to organize. For example, Cintas, one of the world's largest uniform suppliers was accused of retaliating against employees who were trying to organize a labor union. Some of these employees were constantly harassed and even fired. Victor Hildago, one of the employees who were fired, contacted the AFL-CIO. The AFL-CIO Executive Council said it would encourage all unions representing workers at unionized companies that were doing business with Cintas, to refuse to renew current contracts with Cintas."
Abstract This paper discusses how child laborpractices of textile industries around the world are an important issue for most people. It looks at how although the United States has seen a change in these practices over the last 200 years, many immigrant children are still employed illegally in textile factories. It shows how worldwide, there have been numerous laws passed on behalf of children's rights, although many governments are lax in enforcing them. It examines how some governments, are starting to realize the benefits of educating children and have started to implement tougher laws in an effort to end the abuse of their children.
Outline
Introduction
A History of Child Labor in the U.S.
Attempts to Change Child Labor The Great Depression
Child Labor in the U.S. Today
Liberia and New Child Labor Laws
Child Labor in Indonesia
Pakistan and Bangladesh Child LaborPractices Russian Child LaborPractices Startling Statistics and Working Conditions
Examples of Child Labor Other Countries vs. the U.S.
Conclusion
From the Paper "The public finally began to become aware of the horrendous conditions in which the children were forced to work and in 1904 the National Child Labor Committee was formed as a means to regulate or eliminate child labor (unknown, 1991). This committee, combined with state child labor committees, investigated and photographed the children in their poor working conditions, sent pamphlets and leaflets to the public and lobbied the government for stronger child labor laws. From 1902 to 1915 these efforts were responsible for the passage of many state laws which restricted child labor. However, the southern states were reluctant to pass such laws, prompting the passage of federal child labor laws in 1916 and 1918, though these laws were declared unconstitutional by the Supreme Court. In 1924, an amendment was purposed, but failed to be ratified by many states."
Tags: textile, industry, government, china, russia
Abstract This paper points out that by acting on behalf of a large group, the labor unions have more power than if the employees acted alone. This paper describes and compares United Airline's and Ford Motor Company's laborpractices and problems. This paper presents an ideal employer-labor relationship.
From the Paper "Congress, starting to feel pressure for groups like the AFL, created the U.S. Department of Labor. The department has a mandate to protect and extend the rights of wageworkers. A children's bureau was created. In 1914, the first law to protect workers was enacted, the Clayton Act said that ?the labor of A Human Being is not a commodity or an article of commerce.? Because of this change in the legal status of work and labor, those things were no longer subject to the Sherman Act provisions that had been the legal basis for injunctions against union organizations. The Clayton Act allowed for strikes, boycotts, peaceful picketing and dramatically limited the use of injunctions in labor disputes."
Abstract The paper explains that as globalization has increased during the past few decades, so have child laborpractices. The paper defines the term "child labor" as children under 18 years of age who work in both the formal and informal sectors, in conditions that are potentially harmful and who receive less than the minimum wage. The paper relates that while many developing countries have laws to protect children, enforcement is difficult since child labor is already established as a structural part of the economy. In many poor countries, families depend on a child's income for life's necessities. The paper describes how child labor has become a primary issue in international relations today, but highlights how the issue involves many controversies that are not easily solved.
From the Paper "Children have always worked along side their families to help out as a means of survival, however defining what is appropriate work for children often involves complex judgements, particularly for firms doing business on a global scale (Bachman). There has been increased pressure on international business from social activists, trade unions, and others to find new solutions that will put an end to exploiting child labor and allow children to receive education and training to ensure they will become productive adults (Bachman)."
Examines labor abuses of children, provisions and effectiveness of laws, protective organizations, treaties, rationale for, examples, economics and public scrutiny.
2,250 words (approx. 9 pages), 10 sources, 1999, $ 79.95
Abstract Introduction
When people think of problems with child labor, they do not think of the United States anymore. The United States has laws that establish how children must be to perform certain kinds of work, and those laws are strictly enforced. The new face of child labor involves children from developing countries, often children who are working in factories to create goods that are then sold to consumers in the United States. Rugs, soccer balls, clothing all of these have been in the news because of the exploitative child laborpractices of the suppliers and producers of these products.
From the Paper "Global Child Labor Practices
Introduction
When people think of problems with child labor, they do not think of the United States anymore. The United States has laws that establish how children must be to perform certain kinds of work, and those laws are strictly enforced. The new face of child labor involves children from developing countries, often children who are working in factories to create goods that are then sold to consumers in the United States. Rugs, soccer balls, clothing all of these have been in the news because of the exploitative child labor practices of the suppliers and producers of these products.
The International Labor Organization estimated that approximately 250 million children in developing countries are ..."
Abstract This paper uses Marxism as a theoretical framework to discuss Vietnam and underpaid child labor. The paper explores the unique situation of Vietnam as the country attempts to improve its economic condition in an era of globalization and intensified competition.
From the Paper "Vietnam is in the view of many analysts a country within which state control and ownership of enterprises distorts the domestic business environment, creating a situation in which the political..."
Abstract This paper explains that Wal-Mart has been trying to fend off multiple attacks by organized labor over the past decade in an attempt to maintain its union-free managerial style. The author points out that the Wal-Mart situation covers a full spectrum of legal concerns, such as the acquisition and termination of collective representation of employees, unfairlaborpractices and the associated regulations, collective bargaining schemes, the scope of an individual's rights for collective bargaining, and basic constitutional rights in a labor context. The paper relates the Canadian labor parties have contended for decades that the labor laws, which govern a worker's right to belong to a union, have always been in favor of the employer; therefore, they have gone directly after legislators in their effort to level the playing field.
Table of Contents
Introduction
Wal-Mart Guilty
Working Conditions and Employee Rights
Wal-Mart Canada's First Union
Why No Unions for Wal-Mart?
Union Recruitment
No Longer Need Intimidation - Wal-Mart Bill
No Union, No Power
Recommendation for Oversight
Conclusion
From the Paper "In twenty-first century, manufacturing and retail are working with labor already at a premium as just-in-time philosophies reduce the need for labor resources and warehousing needs. Globalization and communications have helped eliminate the middle man and as the internet continues to thrive in a tax free shelter period, brick and mortar needs will continue to become irrelevant as on line stores are perfected. Technology will continue to automate processes further reducing the human resource needs by companies working with Six Sigma and other efficiency methodologies. This all should be good for unions - but, it is not. All of these managerial pleasures equate to a nightmare for union recruitment efforts."
Abstract This paper explains that companies can help protect themselves from unfairlabor relations accusations by having a clear human resources policy in place and always acting in good faith with employees, distributors, customers and suppliers. The author points out that the greatest economic problem in regards to discrimination in healthcare is the concern as to whether high management at many healthcare organizations are actually aware that many of their employees are not treating people equally when it comes to treatment, hiring practices, promotions and other issues. The paper relates that discrimination often is very hard to prove because there are ways to disguise it and make it look like something else; therefore, individuals discriminated against based on their race often have no recourse.
From the Paper "Strategy is a very important element in decision making, and an organization needs to know where it is going before it tries to go. Otherwise, it will often flounder because it had no specific vision for the future. Decision making is very closely tied to conflict, in that it is often groups that make the decisions for an organization. This is especially important for companies that are involved in fields such as technology, since this field is rapidly changing and decisions that could make or break a company are literally made on an almost daily basis."
