Labor relations

The corporate world constantly monitors the labor market because it determines human
resources demand and supply. Labor unions play an integral part in negotiating better working
conditions, remuneration, and implementation of collective bargaining agreements (CBA).
Unions have such significant influence that section 8 of the labor relations act gives directions on
what an employer may or may not do when negotiating CBAs. The terms set out in a CBA are
binding to both employees and employers. For example, an employer cannot unilaterally alter
terms and conditions of contractual terms and conditions unless the union waives its rights to
bargain.
The federal government has invested in employee safety through the department of labor
Occupation Safety and Health Administration (OSHA). OSHA has powers to inspect workplaces
and determine if employees’ health and safety standards are guaranteed (Haviland et al., 2010).
OSHA also keeps a database of various occupations and the safety requirements for working in
certain conditions. OSHA holds a record of employee safety-related fatality and severe injury.
OSHA has a large amount of safety information in an A-Z index on their website that employees
and employers can use to improve their safety standards at work.
One problematic issue that I found about unions is that managers and supervisors are not
included in the National Labor Relations Act as parties to bargaining negotiations. This design is
based on the concept that supervisors and managers are part of the company’s management and
cannot advance unions’ ideologies. I find this discriminatory because the National Labor
Relations Act does not specialize in the category of employees that can join unions. The act
guarantees the rights of all employees. Supervisors and managers are also employees. Due to the
mechanisms of workplaces, there has to be a hierarchy. I find this discriminative because

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managers are left in between unions and business owners. The labor act should have created
modalities for managers and supervisors to be part of unions and bargain for better working
conditions and salaries like any other employee. The assumption that managers and supervisors
are part of the management is flawed because unless managers are also business owners, they
might have poor working conditions from circumstances that they cannot control. The questions
that remain uppermost in my mind are :
 Do employers always favor their managers and supervisors?
 What recourse do supervisors and managers have in case their employer engages in
malpractice besides legal action?
 Is there a way that supervisors and managers can collectively bargain for better working
conditions?
Labor unions are protected in law, and employees are the biggest beneficiaries while
employers have very little say. Section 7 of the labor relations act gives employees the right to
form or join unions of their own choice; employers are not supposed to interfere or coerce
employees with threats or consequences. Employers are also barred from enticement to influence
employees not to join unions. Employers cannot refuse to hire employees based on being
members of a union as it amounts to discrimination. In case law, Center Construction Company
was found to have violated an employee’s guaranteed rights when it fired him for engaging in
union activities. The above case law clearly demonstrates the strength of the National Labor
Relations Act in protecting employees. This case demonstrates that employers also have
limitations in managing their workforce. Another issue here is that even though the law allows
all employees the right to join unions, some professions have very limited or weak union
activity. This puts them at a potential disadvantage.

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References

Haviland, A., Burns, R., Gray, W., Ruder, T., & Mendeloff, J. (2010). What kinds of injuries do
OSHA inspections prevent? Journal of Safety Research, 41(4), 339–345.
https://doi.org/10.1016/j.jsr.2010.03.005