Law

Union organizing

In every establishment the employee and employer relationship and their performance are regulated by proper labor laws. Though most of these labor laws are intended to protect the interests of the employees, they are seen generally exploited by the employers. The act of the employers may provoke the employees so that they may organize themselves to safeguard their interests by bargaining their needs collectively, through strikes or by other means. In order to avoid such strikes that may thwart the progress of the establishment, the employers may seek settlements.These settlements may have pros and cons. Sometimes these will go in favor of the employees due to their power of collective demand. And at other times if there is conflict in their demands the settlement may favor the employers too.Success of any organizations largely depends upon the intensity of the employee-employer relationship. This relationship is based on the quantity and quality of safety and protection, care and value an employer gives to the employee, and the magnitude of service an employee provides to the employer. Different labor laws were enacted in the course of time to restrict the employers from exploiting the employees. If the employees suspect that the employer is exploiting them the employees will tend to organize to safeguard their interests. No democratic government can prohibit the rights of the employee to organize. However, to avoid wanton dealings untoward conflicts certain laws were formulated on to how this union organizing can be processed.
As per the provisions contained in Section 8(a) (1) of the National Labor Relations Act no employer can restrict the employees from exercising their rights to collective organization, or unionization. Section 8(a) (3) prohibits employers from interfering labor union activities through company hiring and employment decisions. But mostly, these prohibitory orders are violated at workplaces. For instance, consider the case of Dynasteel Corp. v. NLRB, 181 LRRM 2201 (5th Cir. 2007). The Dynasteel Corp has two plants, one in Mississippi and the other in Tennessee. The employers at Mississippi plant put illegal threats and discipline on employees, while at Tennessee plant. they discriminated against the applicants for employment. Accusing unfair labor practice NLRB framed charges against Dynasteel. The Fifth Circuit was convinced of the illegal practices of the company and granted NLRB’s request to enforce its order.
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Now that discussion on ‘The Employee Free Choice Act (EFCA) is in progress, it will bring in drastic changes in the matter of union organizing during the first leg of the presidency of Mr. Obama. It is likely that the provisions contained in NLRA may be revamped, taking a much lenient attitude towards the employees and at the same time adopting somewhat stringent steps against the employers. In nut shell, if The Employee Free Choice Act becomes federal law, the workers will get an edge over the employers with their right to form a union. This may torpedo the interests of the employers as it is considered that it will bring harm to their business.

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Discussion

Union organizing from the employee’s perspective is to gain collective bargaining for better wages, good and safe working conditions, protection from exploitation, and increased job security. But the nature of employee relations and the roles of trade union may not be in conformity with legislation. Many argue that employee relations are not confined to unions and its collective bargaining, but cover all employment relationships. They are of the opinion that it is beyond pay and other benefits. However, it is quite certain that if the right to organize is jeopardized the safety of the

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