BA 325 Labor Relation Test

Labor Relation Test

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Question 1

Many people encounter workplace stress whereby it is important to learn how to avoid the job stress. Every employee should be able to access the job which is stress free because stress has got mental and physical effects. To avoid the employer’s monitoring techniques, ensure that you work professionally, skillfully and also ensure that there is no pressure. It is important to make agreements with the employers on the working terms and conditions to avoid pressure. It is not important to capture your own private time to work on your interested activities, what is more important is to ensure that you hold a discussion with the employer so that you agree on the working hour. Every extra working hour should be paid as overtime. If you have exceeded the agreed working hours weekly, there is need for you to ask for the payment of the extra hours (Posner, 2005).

QUESTION2

Public organizations are under the government, operated and controlled fully by the government whereas private companies are owned, controlled and managed by individuals. Private organizations sell goods and services in order to gain the trust of the people so that they can sell out the image of the organization which is contrary to government sector where the companies are out to satisfy the common man by meeting their needs. Private sectors provide goods and services of high quality in order to gain high reputation and sell out the organizational image. Collective bargaining is allowed in both private and public sectors but in private the employees consider the risks of the strikes.

Private sector manager is keen on the services and management of the employees to avoid unnecessary strikes whereas in public sectors, unions negotiate for the employees. Public sector employees have got the right to strike if their grievances have not been listened to whereas in private sector, the employees can be fired if any strike is organized. In private companies, the choice of the consumers enables the managers to make reasonable decisions while in public companies union decisions are considered (Posner, 2005). The decision made in private sectors are different from those in public sectors whereby the managers support the budget achieved through budget analysis while in public sector the budget and decisions are supported achieved from bargaining and labor union negotiations.

QUESTION 3

Contract bar doctrine is a policy that states that NLRB does not allow a representation election in the case covered by the contract unless it expires up to a limit of three years. The rule comply to a petition filed by a union that may be identified to represent the employees of a different union, a petition filed by the employees or a petition that may be filed by the employer (Posner, 2005). The policy is used in determining whether or not an already present collective-bargaining contract will order for an election. Contract bar doctrine is used in first labor agreement as it allows the employees to be represented by union officials in making decisions in the work place. The union is responsible for any bargaining needed by the employees on their behalf.

QUESTION 4

Labour Management Relations Act (LMRA) created unfair labor practices where the unions are the once to be held liable. The Act allows the managers of the union to openly and aggressively crusade for workers self-organization. Every employee should be represented by union leaders, ‘employer free speech’. The law prohibits workers to seek solidarity every time they are involved in dispute with the employer. The law advocates that the unions and the employees should maintain a good relationship and bargain in good faith. If one party feels that the other party is failing to bargain in good faith then they can file a complaint alleging a breach of duty to bargain in good faith. Bad faith bargaining is when one party is negotiating not in the manner to come to an agreement but with an aim of ending the negotiations (Kessler & Fine, 2004). When one party fails to bargain on good faith a notice of refusing to meet is served to the party. The notice demands the parties to start negotiating. Section 130 and 147 states that the terms and conditions of employees are remain still until there is a demonstration where an employee can impose working terms different to the prior bargaining position. The current law remedies to bad faith bargaining are not adequate. This is because the bargaining period has been given a very long time considering that no work is taking place during strikes. I would recommend that when negotiations fail and workers go on strike, courts are given total control of the issue and no more negotiations among the parties.

QUESTION 5

Pension plan involves a retirement plan that an employer makes contributions into a pool of funds for the employee’s future benefits. The funds are invested on behalf of the employee so that they may generate income after retirement. Some retirement plans allows the employee to contribute some of his income towards the future savings. In Cash balance pension plan the employer credits his or her own personal account where the individual sets a certain percentage of yearly compensation and interest charges. It is a defined-benefit plan where the company bares all the profits and losses. Defined contribution pension is a kind of future saving for employees where the company sets aside a certain percentage for each employee future benefit. The accounts are fixed and only accessible by the company (Clark, 2000). Cash balance pension is individual based where an individual sets a certain percentage future income. As an employee I would prefer the defined contribution type of pension. This is because the accounts are managed by the company so I will not invest from my salary. However as an employer I would initiate a defined benefit pension to many employees because I don’t have to invest their pension accounts. Additionally despite paying loses I will get the profit incurred in the accounts.

References

Kessler, F., & Fine, E. (2004). Culpa in contrahendo, bargaining in good faith, and freedom of contract: A comparative study. Harvard Law Review, 401-449.

Clark, G. (2000). Pension fund capitalism. OUP Catalogue.

Posner, E. A. (2005). Contract law in the welfare state: A defense of the unconscionability doctrine, usury laws, and related limitations on the freedom to contract. The Journal of Legal Studies, 24(2), 283-319.