Usually, the most common cause of labor disputes is unfair labor practices. Other causes include impasse, unilateral change, economic strikers, and the duty of fair representation.
Duty Of Fair Representation
Duty of fair representation is the legal requirement for a union to represent all members of the bargaining unit in an equitable and impartial manner. This includes the processing of grievances. It is also an obligation of an exclusive agent to serve all members equally.
There are two ways that a union may breach its duty of fair representation. First, it can be perfunctorily or inexcusably neglectful. Second, it can be in bad faith. For example, it may refuse to process a meritorious grievance.
If the employee feels that the union is not acting in an equal or impartial manner, then he/she can file a complaint with the Federal Labor Relations Authority. The FLRA will investigate the matter. In addition, the NLRB’s Office of General Counsel has issued an internal directive regarding the duty of fair representation.
Unfair Labor Practices
Unfair labor practices can make an employee’s life miserable. These practices can involve coercion, harassment, discrimination, or denial of benefits. The best way to handle an unfair labor practice is to consult an employment attorney. He or she can help assess your situation and determine whether a claim has been made.
If an employer is found to be violating a law governing unfair labor practices, the Labor Commissioner can take action. Depending on the facts of the case, the board may take any one of several actions. For example, the board may refer the matter to an administrative law judge, request that the employer be cited for the violation, or order the employer to cease the conduct.
If an employee is fired for reasons that are not directly related to the job, they might be entitled to back pay, compensation for work performed under unlawful terms, or restitution for any other damages. Generally, these remedies are available in states that are at-will, which means that the employer can fire the worker at any time for any reason.
Economic Strikers
Strikes are organized efforts by workers to slow down or stop work. They are intended to get better pay, working conditions, and economic concessions from employers. Workers have the right to strike, but there are limits on how and when strikes can occur.
The most common reasons for a strike are wage disputes. Employers are prohibited from firing, dismissing, or replacing employees who are on a strike. However, an employer may replace strikers with bona fide permanent replacements.
The lawfulness of a strike depends on many factors, including the time of the strike, the object of the strike, and the behavior of the strikers. The National Labor Relations Board (NLRB) has the final say on the lawfulness of a strike.
Strikes are an effective tool for workers to gain rights. However, the process of striking can be difficult.
Unilateral Change
If the employer makes a unilateral change, it is considered a violation of the NLRA. In order to prevail on a claim of unilateral change, the charging party must prove that the employer made a significant, material change in the terms and conditions of employment.
A unilateral change can be triggered by several circumstances. However, the most common situations involve transfer of work or subcontracting. It can also be caused by a contract breach.
In a unilateral change, an employer does not have the opportunity to present its case, or to be heard. Instead, the charge is brought by the union. The NLRB has devoted recent attention to the issue of unilateral actions.
A charge of unilateral change must establish that the change is a material deviation from past practice. There are two ways to determine whether a change is a material deviation: either the change is a change in policy or practice, or the change is a breach of a written agreement.
Impasse
An impasse is a situation where no progress can be made. This can be a real problem, as it can hinder the process of negotiating a mutually beneficial agreement.
Whether you’re a labor manager, an employee, or both, it’s important to keep in mind that a labor dispute isn’t always fun. In fact, a labor dispute can affect your company’s productivity and financial well-being. If you’re facing a labor dispute, the first step is to try and solve the problem before it gets worse.
Several states have laws that govern the settlement of labor disputes. Some laws require arbitration, while others mandate that both sides participate in a mediation process. These processes are meant to bring parties back to the bargaining table.
The federal government also uses a third-party conciliation process for solving labor disputes. It is a free service.