These three members of the Board have a professional staff to assist them, and mediators are the staff members charged by the Board with supervising the mediation of contract negotiations ("Bargaining Under the Railway Labor Act"). A second agency created by the law was the Railroad Retirement Board, added by the Railroad Retirement Act of 1935 (Johnson 110)
" This can be seen as a remarkable declaration of the rights of labor, and though the Board was short-lived, it hear 1,250 cases affecting 700,00 workers. The Board did not survive the armistice in 1918 (McCulloch and Bornstein 1-6)
In upholding this ruling, the Supreme Court stated: "collective action would be a mockery if representation were made futile by interferences of choice." (Millis 330) This decision made the 1934 Amendment to the Act of 1926 possible, making a number of important changes in the law
The AFL worked incessantly for legislative relief to eliminate these working conditions, to abolish child labor, and to introduce workmen's compensation and the Fair Labor Standards Act. Massachusetts passed the first minimum wage law in 1912, followed by eight other states in 1913 (Zollitsch and Langsner 30-32)
Over that time, wages and rules were established on a national basis, and though many of the pay rates and working condition rules were not renewed once government control ended, a precedent had been established so that by 1926, there were a number of uniform working rules in the industry. In framing the Railway Labor Act, legislators could therefore look to existing conditions in the industry and could reflect the collective bargaining structure that already existed (Weber 219)
Teachers often get to choose where they want to teach and most do not pick the poorer neighborhoods. Most prefer to work in neighborhoods where parents are supportive, students are easy to mange and the environment is safe (Hill, 2006)
There are several things that have been identified as practices that might be considered unfair labor practices when it comes to collective bargaining and unions. These include: hindering the rights of workers to organize a union and be represented in negotiations by such a union discouraging or encouraging membership in any union, dominating a union and discriminating against workers on the basis of their participation in union activities punishing an employee for filing a grievance with the union declining to recognize a qualified union refusing to negotiate or bargain with the union in good faith disobeying a bargaining agreement (Pynes & Lafferty, 1993)
Most notably, there was a work schedule issue with police officers in New Jersey. The work schedule was changed for a particular division without any discussion or agreement from that division, which was in violation of several clauses in the union's contract (Defillippo, 2009)
One of the main problems is that the duty to bargain and the good-faith obligation to engage in bargaining are sometimes ignored by the union and/or by the employer. It would be in the best interest of everyone if the union and the employer would work together (Johnson & Donaldson, 2006)
When these kinds of decisions are made with no discussion, the collective bargaining and labor relations negotiations are severely derailed. That happens because it becomes clear that there is no desire on the part of the employer to work with the employees and the union to find a solution that is acceptable to everyone involved (Kearney, 2001)
When these two sides work together and in good faith, much more is accomplished in the way of helping teachers be successful and ensuring that the most qualified teachers remain in the classrooms. Otherwise, some of the best teachers move on because they are able to get what they want and need elsewhere (Pynes & Lafferty, 1993)
In the Alexander v. Gardner-Denver decision, the decision of the arbiter that an employee was justly terminated was overturned because it was determined that racial discrimination against the employee may have been a factor in the original settlement (Sloane & Witney 2010: 246)
What economic or ethical pressures did both sides use? The economic impact / pressure by the teachers union was dramatic; when you go on strike and as a result, 350,000 students are not in school, that is economic pressure because keeping the schools maintained when nothing is going on inside them gets expensive in a hurry. Moreover, the school district was already facing a "$1 billion budget deficit" for the year 2013, and that fact put pressure on both sides to come to a collective bargaining agreement (Davey, et al
Teachers objected to the district basing the pay of teachers on standardized tests that reflect student achievement (Bureau of Labor Statistics). Placing "…too much emphasis on standardized test scores…diminishes children's education and punishes teachers unfairly," said Stephanie Gadlin, a spokesperson for the Chicago Teachers' Union (Liebelson, 2012)
, 2012). Asking the city's school bureaucracy to increase salaries at a time when the average teacher was earning $76,000 As to the rhetoric (in which both sides attempted to use ethical issues) Mayor Rahm Emanuel "…bluntly accused teachers of valuing their pocketbooks over the futures of thousands of schoolchildren"; but union leaders "blasted the mayor as a bully trying to intimidate them into a bad deal" (Pearson, 2012)
The collective bargaining agreement in MLB and the MLBPA has currently agreed to enhance testing procedures that can detect hGH and other substances. The new testing procedure will include (Calcaterra, 2014): The number of in-season random urine collections will more than double beginning in the 2014 season, from 1,400 total tests to 3,200; Blood collections for hGH detection will increase to 400 random collections per year, in addition to the 1,200 mandatory collections conducted during Spring Training; Carbon Isotope Ratio Mass Spectrometry tests will be randomly performed on at least one specimen from every player
One example of this type of behavior can be easily illustrated by the players use of illegal substances that can improve their performance. Even in the Olympics in ancient Roman times, Olympians were known to use performance enhancing herbs and mushrooms in order to attempt to improve their performances and make them faster, stronger, or braver and in modern baseball there were a myriad of players who were revealed taking steroids and other performance enhancing substances (Grossman, Kimsey, Moreen, & Owings, 2011)
What, if any, role was played by third parties in resolving this bargaining dispute? What was the identity of the third party? The MLB and the MLBPA agreed to work with the World Anti-Doping Agency program to create profiles of players that contain baseline measurements of testosterone and other data. That can be compared to drug test results to look for fluctuations and thus possible doping (Inskeep & Goldman, 2013)
Some teams have major advantages due to the fact that they are in major markets and have more revenue at their disposal. For example, the New York Yankees represent highest revenue generating organizations and is valued at two and a half billion dollars (Ozanian, 2014)
State the nature of the collective bargaining dispute. The next collective labor agreement in Major League Baseball (MLB) will expire in 2016 and the interested parties are already speculating on the issues that will be the focus on the next round of labor issues (White, 2014)