Final Project: Job Security Issues

User Generated

rflaguvn

Business Finance

Description

I will need a 2 page paper on additional research on job security issues as it relates to employee and labor relations. I have attached the current paper for you to add this additional information too. Please make sure you do APA, Times Roman and Plagiarism check. Thanks,

Unformatted Attachment Preview

1 Running head: JOB SECURITY Job Security in the United States Cynthia Estrada Employee and Labor Relations November 24, 2018 JOB SECURITY 2 Job Security in the United States Job security is the assurance that an employee would remain in a reputable and reasonable employment without fear or risk of unwarranted termination. Job security concerns issues to do with employment terms, contracts as well as the collective bargaining agreements and other policies restricting any illegal termination of employments. According to Equal Employment Opportunities Commission, a significant population in the U.S survives on part time jobs and contracts that do not guarantee renewal. Other people especially the Black Americans and the immigrants are casuals in different companies and departmental stores that expose the employees to poor working conditions in addition to poor pays. Oftentimes, these employees have limited opportunities to engage in work and payment related negotiations at least to have their conditions and status improved. Attempts to negotiate the conditions of work and other grievances would lead to unclear dismissals or increased work and less pay. This paper examines issues relating to job security in U.S. Job security in United States Most of the significant concerns relating to job security emerged during the industrial revolution of the 19th century. Prior the revolution, many people engaged in farming in the south. Following the industrial revolution, most of the farmers abandoned their farming practices as their primary economic practice to join the promising manufacturing industry (Farber, 2016). Because of the rampant conflicts between the laborers and those who owned the factors of production including land and capital among other factors, the government of the United States had to intervene to regulate the sector. The latter influenced continuous creation and changes in the labor laws all through the 20th century. These changes in the labor laws improved the working conditions for many laborers and employees. Some of the significant improvements JOB SECURITY 3 included the protection of individuals from illegal job terminations or the job security, discrimination at work places as well as the promotions of trade unions. Impacts of employment policies on Job security As earlier mentioned, different levels of government in the United States enacted laws concerning the relationship between the employers and the employees. According Neumann (2016), a greater proportion of the U.S workers work on what is called at will basis. Because of this, either the employer or the employee may by use of legal procedures end their work relations at any time. In fact, many employees just survive in their employments while enduring threats to job terminations. Some of the most influential labor laws include the National Industrial Recovery Act which was passed in 1933, the National Labor Relations Act, Equal Employments Opportunities Act and the most recent policy relating to the minimum wages. The National Industrial Recovery Act (NIRA) Prior the passing of NIRA, most of the employers in the United States exposed employees to unbearable work conditions while terminating the contracts with no much consideration. For example, towards the end of 1920s especially following the great depression, employers laid off most of their employees without hesitation of the consequences or notices (Farber, 2016). As part of the government intervention, the congress passed NIRA in 1933 alongside with the new deal by the president of the United States. The new deal comprised of various policies and government programs to create more work opportunities. The underpinning aim of NIRA was to create labor unions while granting the rights to carry out negotiations with the employers for employees. This regulation enhanced job security amongst most of the workers at the time. However, antiunion job owners influenced the ruling by the Supreme Court to nullify the law in 1935 thus exposing employees to poor work conditions. JOB SECURITY 4 National Labor Relations Act Besides the abolition of NIRA, the workers continued the push for good work conditions and job security. Consequently, in the same year 1935, the congress passed the National Labors Relation Act that improved the relations between the workers and their employers. The law protected the employees’ rights as well as those of the employers through reasonable collective bargaining. The regulation further ended illegal mistreatments by either the party. The law favored the employees significantly since it provided a rigid framework concerning wages, work conditions as well as work termination procedures and processes (National Labor Relations Act, 2018). In addition, the law protected the employees from different forms of discrimination including gender and race among others. The Equal Employment Opportunities Act Despite the illegality of discrimination at work places, employers continued to demonstrate discrimination amongst the employees. The constant calls by the U.S civil right movements, through the mid 20th century, bore fruits by the creation of the Equal Employments Opportunities Act in 1964. The government created the EEOC or Equal Employment Opportunities Commission for the implementation of the law (Farber, 2016). Different perceptions on job security For many years, the employers argue that Labor Relation Act issues relating to job security are against the employers while favoring the employees. In fact, most of the employers assert that many employment laws aim at limiting the powers held by the employers. In addition, the employers claim that the laws limit the profit margin by increasing cost of production through the wages and other employee-oriented costs (Mishel, Bernstein & Schmitt, 2016). On the other hand, the employees and unions perceive labor relations acts and job security as JOB SECURITY 5 avenues for enhancing their rights, work conditions and respect. In addition, the laws restrict discrimination. According to the Bureau of Labor Statistics (2018), the unions and workers perceive the laws as legal channels to seek just and fair employee-employer relations. In the past few decades, the U.S labor movement has become ineffective particularly due to political interference and lack of good will by the employers. Job security and minimum wage policy Different people have varied opinions concerning the implementation of minimum wage policy that was enacted by President Obama. The proponents of the policy argue that the implementation of the minimum wage has minimal effects if any on the job security but increases economic status among many Americans. In 2014, the Congressional Budget Office CBO reported that the rise in minimum wage influenced over 500,000 job losses (Mishel, Bernstein & Schmitt, 2016). The report added that increasing minimum wage raises the production costs triggering employers to lay off some of the workers to maintain their returns. Conclusion Among many employees in the United States, job security issue is a great and critical concern. Poor work conditions, wages and salaries influence the employee to seek better opportunities outside the company they work for. Apart from the increasing employment levels, racism and other forms of discrimination continue to influence the debate on job security. It is apparent that unemployment is an ingredient for a drop in the Gross Domestic Product of a country. Also, lack of employment influences other socioeconomic concerns such as security and drugs and substance abuse. To maintain a desirable society, the government of the United States JOB SECURITY should work all the means possible and fix the job security concerns. Fixing the concern would influence nation’s growth as well as the growth of the Americans. 6 JOB SECURITY 7 Reference Bureau of Labor Statistics (2018). The Employment Situation. Retrieved from: https://www.bls.gov/news.release/pdf/empsit.pd Farber, H. S. (2016). Job loss and the decline in job security in the United States. In Labor in the new economy (pp. 223-262). University of Chicago Press. Mishel, L., Bernstein, J., & Schmitt, J. (2016). The state of working America: 1996-97. Routledge. National Labor Relations Act | NLRB. (2018). Retrieved from https://www.nlrb.gov/resources/national-labor-relations-act-nlra Neumann Jr, R. K. (2016). Academic Freedom, Job Security, and Costs. J. Legal Educ., 66, 595. Employment Security Union members have the rules for determining their employment security spelled out in the contract. Almost always, increasing competitive-status seniority is associated with greater rights to continued employment in a present job or another job for which an employee is qualified. Recently, these rights have been of lower value where employers have opted to close entire facilities, but even there, entitlements to transfers and severance pay are often spelled out in contracts and benefit levels increase with seniority. Employees in nonunion companies have their employment rights determined by their employers. Unless otherwise provided, it's legally assumed an employee is hired at the will of the employer and can be terminated for a good reason, a bad reason, or no reason at all, as long as the termination is not for a reason prohibited by employment law. However, courts have increasingly narrowed employers' rights to terminate at will, particularly where employers are judged to have acted in bad faith.25 Even where employers have contracts with employees, and where a discharge could lead to a breach-of-contract suit, employers may be vulnerable to heavier tort damages for bad-faith behavior associated with a discharge.26 In the reciprocal employment relationship, employees may come to feel that an implied contract exists between them and their employer. When employees invest in developing skills for their present employer and apply conscientious effort, they see themselves as producing benefits Page 207for the employer. In turn, employees may build expectations of long-term employment in return for effort and loyalty.27 Nonunion employers use a variety of methods to enhance employment security for at least some employees. Given the need for flexibility in the workforce, more employers are subcontracting or allocating jobs that need relatively little training about the employer's specific mode of operation to supplemental or complementary workforces of temporary employees. Frequently, these employees are hired on a contract basis for a particular term—usually a year or less. These employees are explicitly told they have no employment security guarantee beyond the period for which they are hired. When faced with a need for major employment reductions, employers have increasingly implemented expanded separation incentives, redeployment to other facilities with or without retraining, training programs for new occupational assignments, expanded personal leaves, and work-sharing programs that involve cuts in salary and hours to save jobs or to provide incentives for those willing to terminate employment.28 Employee “Voice” Systems Lower turnover in unionized situations (detailed in Chapter 10) might be related to the fact that union employees have an opportunity to voice their needs for change through the grievance and negotiation processes. Where these mechanisms are absent, employees who desire change may be able to achieve it only by “voting with their feet.”29 In unionized organizations, employees are able to exercise their voice on immediate issues through grievance procedures and on long-term issues through participation in negotiation committees. Employees who have the greatest disagreements with an organization's operations might be expected to be most involved in union activities at the employer level. In nonunion employers, employees have no contractual entitlement to redress grievances or to have a voice in how the organization should be run. Some nonunion organizations, particularly those with philosophy-laden backgrounds, have constructed elaborate systems that enable employees to voice complaints and get action on them.30 A model system enables an employee to communicate directly with his or her company's chief executive officer, who has a department that directly investigates causes of complaints and reports its findings. The employee's superiors may be the focus of the investigation, but the employee is not identified, and no reprisals may be made against the person who filed the complaint. Exhibit 7.1 is an example of how one of these systems works. Page 208 Exhibit 7.1 HP'S OPEN DOOR PHILOSOPHY HP is committed to creating the best work environment—a place where everyone's voice is heard, where issues are promptly raised and resolved, and where communication flows across all levels of the company. Openness is an essential to quickly resolve customer concerns, to recognize business issues as they arise, and to address the changing needs of our diverse and global workforce. Commitment to open communication—Open Door Policy The essence of HP's Open Door Policy is open communication in an environment of trust and mutual respect that creates a solid foundation for collaboration, growth, high performance and success across HP. It provides for a work environment where • • • open, honest communication between managers and employees is a day-to-day business practice. employees may seek counsel, provide or solicit feedback, or raise concerns within the company. managers hold the responsibility for creating a work environment where employees' input is welcome, advice is freely given, and issues are surfaced early and are candidly shared without the fear of retaliation when this input is shared in good faith. Grievance Policy If you have a question or wish to discuss a possible violation, you should first discuss it with those in your management chain. If you are not comfortable with that approach for any reason, or if no action is taken, please contact the Ethics and Compliance office at: corporate.compliance@hp.com. Source: www.hp.com/hpinfo/abouthp/diversity/open-door.html. These so-called open-door policies vary substantially in their real access to higher-level managers—in terms of the types of complaints or questions that can be taken up and also the degree to which employees must first contact lower-level supervisors and managers before higher-level managers will review a complaint.31 Another innovative approach is creating an employee review board to act as an impartial group to resolve outstanding grievances. Where this approach is used, a review board of randomly chosen employees or persons at the same relative organizational level as the grievant hears the evidence and renders a binding decision for the employer and the grievant. (Fossum 206-208) Fossum, John. Labor Relations, 12th Edition. McGraw-Hill Learning Solutions, 02/2014. VitalBook file. The citation provided is a guideline. Please check each citation for accuracy before use. Contract Costing The issue of contract costing is very important to labor and management. One mistake can have a significant impact on the firm or the employee. Identifying, explaining, and costing the articles of a collective bargaining agreement can be a very complicated process. It is important to determine which articles in the contract have both direct and indirect costs. While wages and health insurance have direct costs, other components of the total compensation package may have indirect costs. Some indirect costs resulting from contract provisions that address such topics as seniority, layoffs, grievances, and arbitration procedures are more difficult to estimate. More subtle and complex areas to measure are found in the relationship that exists between changes in labor costs and employee attitudes. • • Direct costs include: o Hourly, daily, weekly, and monthly incentives o Commissions o Allowances o Tools o Clothing o Differentials o Profit sharing o Premiums Indirect costs include: o Vacation o Holidays o Sick leave o Funeral leave o Health insurance o Pensions o Social Security o Workers compensation o Unemployment insurance In negotiations, the union proposals and the company proposals will not be the same when it comes to cost. In order to decide which items will be addressed at the bargaining table, labor and management may utilize several options in narrowing the items down to be discussed. The first order of business is to examine some of the factors in the cost and indirect costs. Contract costing requires a method to estimate and compare the costs of union proposals and company offers. The way to do this is by costing out the contract. Demographic data, financial data, and accounting can all be used for costing a contract in the following ways: • Demographic data supplies a breakdown and a statistical profile of the labor force in terms of criteria such as age, sex, seniority, and marital status. • • Financial data provides information on the workforce regarding specifics such as direct pay, overtime, vacation, and holiday pay. Accounting provides figures on projected revenues, output, product mix, and non- labor costs. These three areas combined are significant in costing out a labor contract. The human resource department, financial analysts, and accountants can all play a role in preparing and conducting contract costing. It is important that management ensure that under the law, certain information that is requested by the union should be prepared and presented to the union (Herman, 1998). Generally, employee benefits can be categorized into two broad groups: time-not-worked benefits, and security and health benefits. • • Time-not-worked benefits include: o Vacation o Holidays o Sick and funeral leaves o Jury duty o Military service o Reporting pay o Call-in and call-back pay o Wash-up o Clothes changing time o Time spent on union business Security and health benefits include: o Life insurance o Medical insurance o Accident insurance o Workers compensation insurance o Sick leave o Pensions o Social Security o Unemployment insurance o Guaranteed annual income o Severance pay allowances Today more than ever, health and pension benefits are the two largest items being discussed at the bargaining table. In years past, people believed that the company pension plan was good forever, and they had nothing to worry about after they retire. This is no longer the case with the number of companies having pension plans that are not properly funded. Health benefits have been on a steady rise, with no sign of relief in the near future. Labor and management are both very concerned with the rising costs, and each has been exploring new ways to limit or reduce the cost of health benefits (Herman, 1998). As the negotiating stage comes to a close, labor and management must be allowed ample time to ensure that the cost associated with the proposed contract is accurate and if each side can agree on the conditions. It is recommended that all contract costs be rechecked to ensure that no mistakes have been made, which might have a significant impact on labor or management. It is very surprising how many companies will have the accounting office cost out the contract after it has been signed. References: Herman, E. E. (1998). Collective bargaining and labor relations (4th ed.). Upper Saddle River, NJ: Pearson. Labor Costs When management or labor is looking to negotiate benefits for the workers, it is critical to know the true cost of such benefits before entering into negotiations. This way the team can determine the bargaining range of the benefits. Labor and management will each have an established bargaining range for the benefits. If the two bargaining ranges overlap, then it is likely that there will be a mutual agreement. If the two bargaining ranges are very different, it is unlikely that the two sides will reach an agreement. Benefits One way to determine the cost of benefits is to look at the benefits package as a percentage of total payroll. The total annual cost of the benefits package being contracted is divided by the annual payroll. It seems simple, but the problem lies in determining what actually constitutes the "payroll" portion and what constitutes the "benefits" portion. While some companies see bonuses as payroll, others see them as a benefit. There is no universal standard on what is considered a benefit. In Topic 1, benefits are broken down into two general categories: time-not-worked and security and health benefits. It is important that policies be established so that consistency remains in the costing strategy for the company. Even if the union understands how the company would categorize each piece, this method is often used in comparing to other companies in an industry. This can be very hard when all companies consider benefits differently. There is also no consistent method utilized when discussing benefits. In years past, the cost for employee benefits was paid by the employer. Benefits cost had very little impact on the employee. Today, almost all employers share the cost of employee benefits with the individual employee. This shift has resulted in unions taking a more active role in negotiating employee benefits at the bargaining table. Benefits costs discussed at the bargaining table may also impact non-union employees who may receive the same benefit privileges as the union. This may include management and exempt employees. Hence, the discussion may impact the union, but it is important to understand the ripple effect the article increase may have on the entire organization. Overtime The benefit of overtime is one upon which many American workers thrive or, in some cases, survive. On the labor side, it is important that employees are paid fairly for the time outside of the 40 hours they spend at the company. This takes away from family and free time. However, it is a necessary benefit for employees and employers to rely on workers who can devote extra time. Labor may want to bargain a higher overtime rate—time-and-a-half to double pay, or somewhere in between. This may have a significant impact on the annual cost of employees per year. A further consideration involves when it is cost-effective to hire additional personnel compared to paying overtime wages. This compares the previous rate to the new rate. The anticipated rate may be based on what the employer can afford to bear, rather than just what the union wants. Funding Issues When management is considering an economic increase in a contract pending at the bargaining table, they must determine, from a business standpoint, the funding location for such an increase. Can the increase be absorbed into the operating budget, or will the company need to pass along the increase into the product cost? If the company can pass the cost increase onto the product, this is called the elasticity demand. The elasticity demand is defined as the measure of the sensitivity or responsiveness of quantity demanded to change in price. Hence, management must take into consideration price changes on volume produced and sold, product mix, and capital-to-labor costs (Herman, 1998). The issue of public sector bargaining is not an issue of profit and loss. Any economic increase in the collective bargaining agreement is passed onto the taxpayer. If taxpayers are unwilling to increase funding by voting down a tax increase, the agency must make reductions in other areas of the budget, such as goods and services. In the case that other cuts cannot take place, the agency will be forced to reduce personnel costs within the budget. Hence, the union may seek and receive a wage increase, but to fund the increase, the agency may be forced to reduce the workforce if the money cannot be raised by a tax increase and/or other budget areas. Computer Software When discussing benefits costs and other contract cost items, labor and management should focus on open communication involving methods and assumptions applied in the costing of a new contract. Today, many organizations have the benefit of computer programming that can provide current instant updates on contract costs. The software program can only formulate the information entered and in what area the data is entered. It is important that a company-wide policy be established to ensure all costs are entered the same way across all departments. It is very common to see a bargaining table today with labor and management each having laptop computers filled with data for bargaining. In the old days, it may have taken days or weeks to research and calculate economic increases. This module has provided an overview of the many items that must be considered in costing out a labor contract. The labor contract contains direct and indirect cost items that will have a significant impact on the bargaining process and the operation of the firm. Benefits packages still remain one of the most significant issues at the bargaining table today. Labor contract costs may also have an impact on other areas of the company that must be taken into consideration. References: Herman, E. E. (1998). Collective bargaining and labor relations (4th ed.). Upper Saddle River, NJ: Pearson. Shipman & Goodwin LLP Public Employer Alert February 2009 CONCESSIONS, CUTS AND PUBLIC SECTOR BARGAINING COMMUNICATION Most employees are already aware of the serious economic problems facing our nation and our state. One cannot avoid the daily barrage of bad news in the media – foreclosures, layoffs, business closings, stock market decline – and the concomitant loss of consumer confidence. But your employees may not know how the larger economic crisis is likely to affect your city, town or school system. It is wise to communicate early and often with union leaders and employees. Meet with union leaders, either unit by unit or in a group. Provide them with the facts as you know them and keep them up to date. While it may not be possible to predict the end-game, there will be markers and trends along the way – are tax collections likely to decline due to high unemployment in the town or business closings, what is happening at the State level with aid to schools and municipalities, how badly will the decline in investment income hurt the general budget and/or pension funds? It is also acceptable to communicate directly with employees. An employer may communicate in noncoercive terms with employees, even if negotiations are in progress. Such communications should be factual and not in any way disparage unions. Moreover, if the employer is defending a position it wants to take in concession or other negotiations, the proposal must be made first to the employees’ collective bargaining representatives. Otherwise, the employer’s communication may be viewed as illegal direct dealing. Some government officials are using flyers and e-mails to keep employees informed. One town has set up a place on its web site for employees and citizens to make suggestions on ways the town can deal Shipman & Goodwin LLP February 2009 with its impending budget shortfall. Communication can be helpful not only in solving fiscal problems, but also in maintaining employee morale. Straight talk, without hyperbole and with honesty about the uncertainties ahead, is a critical component of successful communication with employees and their representatives. CONCESSION BARGAINING • Consider Asking Unions for Concessions Depending on the circumstances facing the public entity, concessions may be justified. When we speak of concessions here, we mean reductions in wages or benefits already negotiated and fixed by contract. Remember that an employer cannot force a union with an existing contract to reopen negotiations to change its terms. A union might worry about a breach of its duty of fair representation if it agreed to just open up a contract that was previously ratified by the membership. Both the employer and the union may be reluctant to have formal mid-term bargaining because of the prospect of binding arbitration in the event of impasse. Therefore, most parties prefer to engage in discussions with an assurance that neither will claim negotiations have occurred unless and until there is an agreement. • Be Realistic and Consider the Long Term There is a limit to what an employer can expect from concession bargaining. It is difficult for a union to agree to and obtain membership ratification for concessions unless certain conditions exist. This may be a time when economic conditions convince unions and employees to sacrifice. Management can make that easier by taking the lead and having non-union employees subject to the same types of changes being requested of unions and their members. For example, if you ask unions to freeze wages, be prepared to do so for all non-union employees. As to what can be proposed in concession bargaining, there is no limit on the topics which can be considered, especially if the parties are engaged in “discussion” rather than “negotiation.” It is most helpful for the employer to have concrete goals, such as the dollar savings needed or benefit modifications required to stave off future increases in the next couple of years. Remember that savings also may be achieved by changes in work rules, such as those involving staffing, which reduce overtime but not base wages. Be open-minded and do not be greedy. Your employees did not cause the economic crisis and cannot alone solve it. And you do not want to lose your ability 2 Shipman & Goodwin LLP February 2009 to attract and retain highly qualified employees by having a compensation package that is not competitive in your labor market. Other measures, such as program or service modifications, may be essential to an overall solution to budget woes, particularly those expected to persist for a number of years. On the employer side, there are some proposals with short-term appeal but potential long-term problems. For example, a union may want a “no layoff” provision in exchange for wage concessions. Given the uncertainty all are facing over the next several years, a “no layoff” commitment, particularly without an end date, may be difficult to manage. Similarly, simply deferring obligations to a future date, in the hope that prosperity will return in the next two years, appears unwise at this juncture. • Follow the Applicable Statutory Process When the Time Is Right All of Connecticut’s public sector labor laws contain provisions for mid-term bargaining – bargaining over particular issues which takes place while a full contract is in effect. If a public employer is fortunate enough to reach an agreement with a union on concessions, the required statutory steps should be followed from that point forward. In State negotiations, that means sending the agreement to the General Assembly; in municipal and non-certified employee negotiations, that usually means submitting the agreement to the legislative body; and in local education agency negotiations with teachers and administrators, that means filing the agreement with the town clerk. Protection from a rejection by the legislative body which leads to binding interest arbitration may be possible if the agreement is worded properly. There are also some who argue that an agreement which requires no appropriation or, in the case of a municipal contract, does not conflict with existing charter or ordinance provisions, need not be sent to the legislative body at all. We suggest that there is no simple rule here, so that each situation should be reviewed by counsel to determine the appropriate path to finalizing the agreement. CUTS IN POSITIONS, PROGRAMS OR SALARIES It may not be possible to obtain concessions, or to obtain sufficient concessions to avoid layoffs. Therefore, it is best to be prepared, so that you will achieve needed results without risking contract or other claims that could eviscerate any savings from layoffs. Here are a few suggestions for getting it right. 3 Shipman & Goodwin LLP • February 2009 Know Your Contracts and Train Managers Many employers have not had occasion to apply the seniority, layoff, bumping and reemployment provisions of their collective bargaining agreements for years, if ever. It is critical that the personnel or human resources department study existing agreements, be familiar with the language of these contract provisions and work through some “real life” examples, particularly with respect to bumping. This information needs to be conveyed to department heads and other managers who may be involved in layoffs. In addition, it is important that seniority lists be up to date, and in compliance with contractual definitions of seniority, including any “superseniority” provisions for union stewards. If contract language is ambiguous on any of these issues, do not hesitate to discuss it with union representatives in advance, preferably before cuts are announced, so the discussion is not clouded by considerations as to the individual employees affected. • Exercise Your Management Prerogatives Wisely The decision to eliminate a position for legitimate economic or other business reasons does not require collective bargaining, unless there is a “no layoff” clause or other promise to maintain positions in the contract. Even if a position is listed in the wage schedule, it can be eliminated for a proper reason. However, employers occasionally succumb to the temptation of using a fiscal problem to try and get rid of poor performers or employees who are seen as troublemakers. Arbitrators and juries are likely to see through any attempt to use layoffs for the wrong reason. In the same vein, be wary of recommending elimination of positions which are funded by grants or are revenue producing. When the State had fiscal problems in 2003, it laid off some workers whose positions were funded by insurance taxes rather than the general fund. An arbitrator ruled that the layoffs were not done for economic reasons and reinstated the employees with back pay. • Bargaining May Be Required As discussed below, management generally has the right to eliminate positions. However, most personnel cost cutting measures short of that require bargaining – if not over the decision, at least over the impact. In addition to the “usual suspects” of wages and benefits, here are some examples of the rules on mandatory bargaining, based on Connecticut labor relations statutes and decisions of the State Board of Labor Relations: 4 Shipman & Goodwin LLP February 2009 Change in the Work Year. For teachers and other school employees, a change in the length of their work year is a negotiable issue. Even if the legislature adopts a proposal to change the number of school days required for students, negotiation over at least the impact of that decision on compensation will be required. Furloughs. In 1994, the Board ruled that a town could not furlough employees without bargaining. In that case, the employer had a strong management rights clause which allowed the employer to “relieve” employees from duty for legitimate reasons. The Board applied its general rule requiring that a management rights clause contain a clear waiver of rights on a specific topic in order to relieve the employer of its duty to bargain. It is unlikely that Connecticut courts would give the power to furlough unilaterally to public employers the way the courts in California did , due to differences in our laws and the fact that we do not face the “emergency” faced by California with its deficit of $42 billion and the potential it will run out of cash this month. Reassignment of Work to Others. As most public employers know, the decision to contract out work, or to transfer work from one bargaining unit to another, is a mandatory subject of bargaining unless there is express contract language permitting it. This rule can even make it difficult to shift duties from one position to another, if the positions are in different units or if one is unionized and one is not. A union may also have a claim for impact bargaining over pay if, by combining the functions of two positions into one, there is a substantial change in job duties or workload. Reduction in Work Hours. A reduction of hours which removes a position from the bargaining unit is negotiable. So is any other reduction in hours which has a substantial impact on other conditions of employment such as eligibility for health insurance or pension. In addition, of course, reducing hours may be a breach of contract if the contract specifies weekly and/or daily work hours for employees. Reorganization. As a general rule, management has the right to organize its operations as it sees fit. For example, a consolidation of departments or change in the lines of supervision may be made with negotiations over the decision. Nevertheless, if reorganization significantly affects working conditions, there may be a duty to bargain over the impact. 5 Shipman & Goodwin LLP February 2009 In short, if an action by management will cause a change in working conditions, it is likely that bargaining will be required, unless there is an explicit contract provision (e.g., a management rights clause that permits subcontracting) giving management the authority to make the change. And there may be a duty to bargain over impact or secondary effects even if there is no duty to bargain over the decision itself. CONCLUSION There is no “one size fits all” for employers dealing with financial exigencies. We offer the above as initial guidance. Our labor and employment lawyers stand ready to assist you in applying these principles to your unique circumstances. questions or assistance? This Alert was prepared by Saranne P. Murray. If you have any questions or concerns regarding this matter, you may contact Saranne at (860) 251-5702. However, you should also feel free to contact the labor relations attorney with whom you work on a regular basis. This communication is being circulated to Shipman & Goodwin LLP clients and friends and does not constitute an attorney client relationship. The contents are intended for informational purposes only and are not intended and should not be construed as legal advice. This may be deemed advertising under certain state laws. © 2009 Shipman & Goodwin LLP. SAVE THE DATE Shipman & Goodwin will be hosting our annual Public Sector Update on April 3, 2009 at the Farmington Marriott in Farmington, Connecticut from 8:00 a.m. to 12:00 noon. Concession bargaining will be a key topic and we will address the issue in greater depth at that time. You will receive a formal invitation shortly, but we encourage you to mark your calendars and save the date. One Constitution Plaza Hartford, CT 06103-1919 (860) 251-5000 300 Atlantic Street Stamford, CT 06901-3522 (203) 324-8100 289 Greenwich Avenue Greenwich, CT 06830-6595 (203) 869-5600 www.shipmangoodwin.com 12 Porter Street Lakeville, CT 06039-1809 (860) 435-2539
Purchase answer to see full attachment
User generated content is uploaded by users for the purposes of learning and should be used following Studypool's honor code & terms of service.

Explanation & Answer

I have attached the completed paper. If you have another assignment you can kindly invite me to bid. Please give me a good review to build my profile. Thank you.

1

Running head: JOB SECURITY

Job Security in the United States
Cynthia Estrada
Employee and Labor Relations
November 24, 2018

JOB SECURITY

2
Job Security in the United States

Job security is the assurance that an employee would remain in a reputable and
reasonable employment without fear or risk of unwarranted termination. Job security concerns
issues to do with employment terms, contracts as well as the collective bargaining agreements
and other policies restricting any illegal termination of employments. According to Equal
Employment Opportunities Commission, a significant population in the U.S survives on part
time jobs and contracts that do not guarantee renewal. Other people especially the Black
Americans and the immigrants are casuals in different companies and departmental stores that
expose the employees to poor working conditions in addition to poor pays. Oftentimes, these
employees have limited opportunities to engage in work and payment related negotiations at
least to have their conditions and status improved. Attempts to negotiate the conditions of work
and other grievances would lead to unclear dismissals or increased work and less pay. This paper
examines issues relating to job security in U.S.
Job security in United States
Most of the significant concerns relating to job security emerged during the industrial
revolution of the 19th century. Despite the high rate of industrialization in the American economy
in the later years of the nineteenth century, the employees were highly underpaid by their
employers, which led to the high rates of limited job security in the country. There was too much
supply of labor to industries such as the railroad and Andrew Carnegie’s steel mills, with limited
chances of protection due to absence of any labor unions. Consequently, the employers did
whatever they felt was appropriate to maximize their revenues, while reducing the costs of
running the business. Employees worked under harsh conditions for minimal pay, since the
government chose not to intervene through any policies that could protect the working class from

JOB SECURITY

3

exploitation. Ultimately, the situation changed in the final decades of the century, with the
formation of employee uni...


Anonymous
Just what I was looking for! Super helpful.

Studypool
4.7
Trustpilot
4.5
Sitejabber
4.4

Related Tags