I.The labor law does encourage unionization to keep the employers honest. It protects employees from unfair labor practices, and it also provides provisions for the employer as well, it protects them from unfair union practices. The National Labor Relations Act of 1935 (NLRA) clearly states that “this law guarantees workers the right to organize and join unions, bargain collectively, strike, and pursue activities that support their objectives. In terms of labor relations, the Wagner Act specifically requires employers to bargain in good faith over mandatory bargaining issues- wages, hours, and terms and conditions, of employment.” This law was intended not only to protect the rights of the workers to have better working conditions and the right to organize without reprisals from employees. The labor unions secured this right to represent the employees in their relations with their employers when this act was passed.
II.Teachers Assistant should be considered employee. The definition of a teacher assistant is an individual who assist the teachers with instructions, responsibilities. They are the ones in case a teacher is not present are able to effectively follow the course syllabus. They provide a service for compensation and it deserves the appropriate recognition. They have responsibility and duties, face challenges that other workers do so indeed they should be called employees. Using loop holes and wording in a law is a shameful way to deny a persons’ right to be treated fairly and be compensated appropriately. Another point to a Teachers’ Assistant being an employee is that only and employee can be hired and fired, there is no other situation where this is even possible.
III.Managements reaction to an employee interest in unionization will indeed be different if the employer already has a high union density. It is my opinion that managers would try and influence employees who are not unionized not to do so. If the entire organization becomes unionized then the employers will lose the control over their employees and have to contend with the unions. Unions by and in large create some semblance of equality in bargaining over the employee contract. If the employees that are unionized conditions were not met and they decide to strike, then the employer’s needs would not be met. At least if they have employees who are not unionized they would have a workforce to fill in. Union numbers are their strength and strength means power and this could lead to havoc for the employer’s, “union members may attempt to undermine employers authority through illegal intimidation tactics, refuse new job assignment and legally binding arbitration when an employer attempts to discipline a union employee behavior.” This would not be in the organizations best interest so managers would do their best not to encourage unionization of all the employees.
IV.The reasons why an individual joins a union will differ from person to person. The most common reason is that they are not happy or satisfied with the conditions in their place of work. If workers are happy then there is no need to unionize. The key factor that led the RAs to have an interest in unionization is that they felt that they were not being treated fairly. They had the same concern with those of other unionized and even though they share duties and responsibilities of the same unionized employees, they were not treated the same. The RAs felt that they were being fired unjustly as well “RAs were fired and some felt this was questionable and unwarranted when a resident doing the same thing were given a warning. There were also concerns with compensation.” The RAs have legitimate job-related concerns, “dealing with the retaliation and disgruntle resident.” Even the “GEO agreed the concerns and complaints were similar to other workers.” The labor commission also thought that they had legitimate concerns and thus granted them the right to organize.
V.RAs who opposed the unionization that oppose unionization do not have legitimate concerns. The reason they thought that the other RAs were over reacting was based on the fact that thought that “during the last hiring, twice has many applicants applied than positions were available. As for firing, 12 out of 600 RAs were terminated over the last two years.” But what about the “55 percent employee turnover,” or being terminated for questionable reasons, this was apparently overlooked. They have also over looked the challenges that they all face and wanting appropriate compensation for doing their jobs. Unionization would change the culture of residence by separating the RAs from other students, giving them the right that other employees have. The unions would be there for the protection and the bargaining tool between them and the university. When questionable disciplinary actions are taken against the RAs then then they would have a voice via the union and not just accept the university’s final judgment.
VI.The laws of the state of Arizona and the NLRA are very similar with regards to public employees and those that work in the private sector. The only difference as far as I can see is the state law stipulates that employers are “under no obligation to engage in bargaining with these public employees union.” So in other words the employees can unionize, but the employers don’t have to collectively bargain with them. In regards to the NLRA laws that govern the private sector workers it states that, “The NLRA guaranteed workers the right to join unions without fear of management reprisal. It created the National Labor Relations Board to enforce this right and prohibit employers from committing unfair labor practices that might discourage or pervert workers from negotiating a union contract.” Whereas the state law for public employees where “granted the right to join unions, presents proposals to public employers but there were no obligations for those employers to engage in bargaining with public employees.”
VII.According to Merriam Webster the definition of an employee is “one employed by another usually for wages or salary and in a position below executive level.” Even though the RAs and CDAs were undergraduate students they were in the employment of the university and therefore considered an employee by the LRC. I agree with the LRC because the RAs and CDAs have duties and responsibilities just like the graduate students and the face the same challenges as these same graduate students, so it is appropriate that they are considered employees by the LRC. They deserve to be treated fairly and the right to “appropriate bargaining units, conducting elections to determine union representation, and preventing or correcting employer’s actions that can lead to unfair practices.” The campus had unionization for other employees and the state law gave the RAs as employees the right to organize and join a union.
DeCenzo, David A. (2010), Fundamentals of Human Resource Management, 10th ed, chapter 14 Earthlink.net; Retrieved from: www.home.earthlink.net/~local Case Study: Collective Bargaining at West University, (week 7), Retrieved from: www.devryu.net/re/DotNextLaunch.asp?courseid=7200239 MerriamWebster.com; Retrieved from: www.merriam-webster.com/employee