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Agency Shop
An agency shop is a form of union security agreement where the employer may hire union or non-union workers, and employees need not join the union in order to remain employed.Pynes, Joan. ''Human Resources Management for Public and Nonprofit Organizations.'' 2d ed. Hoboken, N.J.: John Wiley and Sons, 2004. However, the non-union worker must pay a fee to cover collective bargaining costs. The fee paid by non-union members under the agency shop is known as the "agency fee".Guerin, Lisa and DelPo, Amy. ''The Manager's Legal Handbook.'' Rev. 4th ed. Berkeley, Calif.: Nolo, 2007. ; Mauer, Michael. ''The Union Member's Complete Guide: Everything You Want—and Need—to Know About Working Union.'' Annapolis, Md.: Union Communication Services, Inc., 2001. Where the agency shop is illegal, as is common in labor law governing American public sector unions, a "fair share provision" may be agreed to by the union and the employer. The provision requires non-union employees to pay a "fair shar ...
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Union Security Agreement
A union security agreement is a contractual agreement, usually part of a union collective bargaining agreement, in which an employer and a trade or labor union agree on the extent to which the union may compel employees to join the union, and/or whether the employer will collect dues, fees, and assessments on behalf of the union.Pynes, Joan. ''Human Resources Management for Public and Nonprofit Organizations.'' 2d ed. Hoboken, N.J.: John Wiley and Sons, 2004. Rationale The free-rider problem is often cited as the rationale for union security agreements. A classic study of the free rider problem is presented in Mancur Olson's 1965 work, ''The Logic of Collective Action.'' In labor relations, the free rider problem exists because the costs of organizing a union and negotiating a contract with the employer can be very high, and because employers will find it too cumbersome to adopt multiple wage and benefit scales, some or all non-union members may find that the contract benefits them ...
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Trade Union
A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits (such as holiday, health care, and retirement), improving working conditions, improving safety standards, establishing complaint procedures, developing rules governing status of employees (rules governing promotions, just-cause conditions for termination) and protecting the integrity of their trade through the increased bargaining power wielded by solidarity among workers. Trade unions typically fund their head office and legal team functions through regularly imposed fees called ''union dues''. The delegate staff of the trade union representation in the workforce are usually made up of workplace volunteers who are often appointed by members in democratic elections. The trade union, through an elected leadership and bargaining committee, ...
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The Journal Of Collective Negotiations
The ''Journal of Collective Negotiations'' was a peer-reviewed academic journal which published articles regarding collective bargaining. The target audience for the journal was academics, students, employers, workers, and collective bargaining negotiators. It was published quarterly until 2008 by Baywood Publishing. The journal was cited by the ''Oxford Handbook of Work and Organization'' as a critical journal in collective bargaining theory and issues. A common textbook in Industrial and organizational psychology has cited the journal as one of two key publications in that very narrow field. It also has been quoted by the National Labor Relations Board. Aims and scope The ''Journal of Collective Negotiations,'' now defunct, was established in 1972 as the ''Journal of Collective Negotiations in the Public Sector.'' The last issue was published in 2008. Its establishment was a direct outgrowth of the expansion of collective bargaining rights in the United States to public sector ...
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United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ...
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Public Sector
The public sector, also called the state sector, is the part of the economy composed of both public services and public enterprises. Public sectors include the public goods and governmental services such as the military, law enforcement, infrastructure, public transit, public education, along with health care and those working for the government itself, such as elected officials. The public sector might provide services that a non-payer cannot be excluded from (such as street lighting), services which benefit all of society rather than just the individual who uses the service. Public enterprises, or state-owned enterprises, are self-financing commercial enterprises that are under public ownership which provide various private goods and services for sale and usually operate on a commercial basis. Organizations that are not part of the public sector are either part of the private sector or voluntary sector. The private sector is composed of the economic sectors that are intende ...
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Rand Formula
In Canadian labour law, the Rand formula (also referred to as ''automatic check-off'' and ''compulsory checkoff'') is a workplace compromise arising from jurisprudence struck between organized labour (trade unions) and employers that guarantees employers industrial stability by requiring all workers affected by a collective agreement to pay dues to the union by mandatory deduction in exchange for the union agreement to "work now, grieve later." Historically, in some workplaces, some workers refused to pay dues to the union even after benefiting from wage and benefit improvements negotiated by the union representatives, resulting in friction and violence as they were seen as "freeloaders"; at the same time, absence of a peaceful grievance settlement mechanism created industrial instability as union members often walked off the job. The Rand formula compromise was designed to ensure that no employee will opt out of the union simply to avoid dues yet reap the benefits of collective bar ...
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Janus V
In ancient Roman religion and myth, Janus ( ; la, Ianvs ) is the god of beginnings, gates, transitions, time, duality, doorways, passages, frames, and endings. He is usually depicted as having two faces. The month of January is named for Janus (''Ianuarius''). According to ancient Roman farmers' almanacs, Juno was mistaken as the tutelary deity of the month of January; but, Juno is the tutelary deity of the month of June. Janus presided over the beginning and ending of conflict, and hence war and peace. The gates of a building in Rome named after him (not a temple, as it is often called, but an open enclosure with gates at each end) were opened in time of war, and closed to mark the arrival of peace. As a god of transitions, he had functions pertaining to birth and to journeys and exchange, and in his association with Portunus, a similar harbor and gateway god, he was concerned with travelling, trading and shipping. Janus had no flamen or specialised priest ''( sacerdos)'' ...
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International Labour Organization
The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and oldest specialised agency of the UN. The ILO has 187 member states: 186 out of 193 UN member states plus the Cook Islands. It is headquartered in Geneva, Switzerland, with around 40 field offices around the world, and employs some 3,381 staff across 107 nations, of whom 1,698 work in technical cooperation programmes and projects. The ILO's standards are aimed at ensuring accessible, productive, and sustainable work worldwide in conditions of freedom, equity, security and dignity. They are set forth in 189 conventions and treaties, of which eight are classified as fundamental according to the 1998 Declaration on Fundamental Principles and Rights at Work; together they protect freedom of association and the effective recognition of the r ...
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Closed Shop
A pre-entry closed shop (or simply closed shop) is a form of union security agreement under which the employer agrees to hire union members only, and employees must remain members of the union at all times to remain employed. This is different from a post-entry closed shop (US: union shop), which is an agreement requiring all employees to join the union if they are not already members. In a union shop, the union must accept as a member any person hired by the employer.Pynes, Joan. ''Human Resources Management for Public and Nonprofit Organizations.'' 2d ed. Hoboken, N.J.: John Wiley and Sons, 2004. By comparison, an open shop does not require union membership of potential and current employees. International Labour Organization covenants do not address the legality of closed shop provisions, leaving the question up to each individual nation. The legal status of closed shop agreements varies widely from country to country, ranging from bans on the agreement, to extensive regulation ...
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Open Shop
An open shop is a place of employment at which one is not required to join or financially support a union (closed shop) as a condition of hiring or continued employment. Open shop vs closed shop The major difference between an open and closed shop is the requirement for union membership.Pynes, Joan. ''Human Resources Management for Public and Nonprofit Organizations.'' 2d ed. Hoboken, N.J.: John Wiley and Sons, 2004. There are a variety of opinions regarding the benefits and negatives of open shops. Pros vs. cons of open shops In the United States, the introduction of 'right to work' laws has been linked with lower overall benefits but higher economic growth by some proponents. Such conclusions are debatable, however, as employment, investment, and income in traditionally unionized sectors of the economy cannot be correlated to passage of such laws. Union arguments ''Open shop'' means a factory, office, or other business establishment in which a union, chosen by a majority o ...
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Right-to-work Law
In the context of labor law in the United States, the term "right-to-work laws" refers to state laws that prohibit union security agreements between employers and labor unions which require employees who are not union members to contribute to the costs of union representation. Unlike the right to work definition as a human right in international law, U.S. right-to-work laws do not aim to provide a general guarantee of employment to people seeking work but rather guarantee an employee's choice of being a member of and financially supporting collective bargaining organizations (i.e. labor unions). The 1947 federal Taft–Hartley Act governing private sector employment prohibits the "closed shop" in which employees are required to be members of a union as a condition of employment, but allows the union shop or "agency shop" in which employees pay a fee for the cost of representation without joining the union. Individual U.S. states set their own policies for state and local gover ...
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Union Shop
In labor law, a union shop, also known as a post-entry closed shop, is a form of a union security clause. Under this, the employer agrees to either only hire labor union members or to require that any new employees who are not already union members become members within a certain amount of time. Use of the union shop varies widely from nation to nation, depending on the level of protection given trade unions in general. Canada In 1946, Justice Ivan Rand of the Supreme Court of Canada crafted what became known as the " Rand formula". Appointed as arbiter to settle the Ford Strike of 1945, Rand concluded that both federal and provincial labor law made strong trade unions national policy. If workers were allowed to opt out of paying union dues, the free rider problem would undermine this policy. Rand went further to argue that the free rider problem undermines workplace order by causing resentment between union and non-union employees. Rand's decision required all workers to pay un ...
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