Identify and explain the major issues relative to the unionization process and what organizations do to make it difficult to implement the process relative to unfair practices. Cite sources and examples.

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Essay Question: Identify and explain the major issues relative to the unionization process and what organizations do to make it difficult to implement the process relative to unfair practices. Cite sources and examples.

Introduction

I intend to explain in great detail the major issues relative to the unionization process, the act, which governs, and the independent agency, which polices it. I will also show what organizations do to make it difficult to implement the process relative to unfair practices.

Body

The NLRA (National Labor Relations Act) was enacted by Congress in 1935.

It has the power to regulate interstate commerce and to govern the employer/employee bargaining and union relationship on a national level. The Labor Management Relations (Taft-Hartley) Act in 1947 and the Labor Management Reporting and Disclosure (Landrum-Griffen) Act in 1959 amended the NLRA. Most employers and employees involved in businesses that affect interstate commerce in any way are regulated by the act. The NLRA gives employees the right to determine for themselves whether they wish to be represented by a union. If the majority of the employees in an appropriate bargaining unit indicate that they support a union a certification of representative is issued. This petition, which is normally filed by a union, seeks an election to determine whether employees wish to be represented by a union. The signatures of 30 percent or more of the employees in the bargaining unit being sought must support it. These signatures may be on paper.

Generally, this designation or ''showing of interest'' contains a statement that the employees want to be represented for collective bargaining purposes by a specific labor organization. Each employee must sign the showing of interest and each employee's signature must be dated. These elections are conducted under laboratory conditions to ensure that the election represents the free choice of the employees. Violation of the laboratory conditions, or of the 24-hour silent period rules may result in the NLRB invalidating the election results. The twenty-four-hour silent period is intended to give the employees time to reflect upon their choice free from electioneering pressures.

The NLRB (National Labor Relations Board) is an independent federal agency established to enforce the National Labor Relations Act (NLRA). As an independent agency, they are not part of any other government agency such as the Department of Labor. Congress has empowered the NLRB to conduct secret-ballot elections so employees may exercise a free choice whether a union should represent them for bargaining purposes. A secret-ballot election will be conducted only when a petition requesting an election is filed. Although representation elections conducted by the NLRB are the most common means through which unions acquire representation rights, an employer may also voluntarily recognize a union as bargaining representative for a group of employees when the union demonstrates majority support. This can happen provided that the employer has no reasonable doubt of the employees' preference and that recognition is not granted for the purpose of assisting one particular union at the expense of another seeking to represent the same employees.

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A bargaining unit is 4a group of two or more employees who share a ''community of interest'' and may reasonably be grouped together for collective bargaining purposes. The NLRB is responsible for ensuring that any election in a representation case is conducted in an appropriate unit. A unit is usually described by the type of work done or jobs classification of employees for example, production and maintenance employees or truckdrivers. In some cases, the number of facilities to be included in a bargaining unit is at issue, and the number of locations to be involved may describe a unit. ...

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