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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 ...
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Labor Law
Labour laws (also known as labor laws or employment laws) are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, employer, and union. Individual labour law concerns employees' rights at work also through the contract for work. are social norms (in some cases also technical standards) for the minimum socially acceptable conditions under which employees or contractors are allowed to work. Government agencies (such as the former US Employment Standards Administration) enforclabour law(legislature, regulatory, or judicial). History Following the unification of the city-states in Assyria and Sumer by Sargon of Akkad into a single empire ruled from his home city circa 2334 BC, common Mesopotamian standards for length, area, volume, weight, and time used by artisan guilds in each city was promulgated by Naram-Sin of Akkad (c. 2254–2218 BC), Sa ...
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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 ...
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National Labor Relations Board
The National Labor Relations Board (NLRB) is an independent agency of the federal government of the United States with responsibilities for enforcing U.S. labor law in relation to collective bargaining and unfair labor practices. Under the National Labor Relations Act of 1935 it supervises elections for labor union representation and can investigate and remedy unfair labor practices. Unfair labor practices may involve union-related situations or instances of protected concerted activity. The NLRB is governed by a five-person board and a General Counsel, all of whom are appointed by the President with the consent of the Senate. Board members are appointed to five-year terms and the General Counsel is appointed to a four-year term. The General Counsel acts as a prosecutor and the Board acts as an appellate quasi-judicial body from decisions of administrative law judges. The NLRB is headquartered at 1015 Half St. SE, Washington, D.C., with over 30 regional, sub-regional and ...
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Railway Labor Act
The Railway Labor Act is a United States federal law on US labor law that governs labor relations in the railroad and airline industries. The Act, enacted in 1926 and amended in 1934 and 1936, seeks to substitute bargaining, arbitration, and mediation for strikes to resolve labor disputes. Its provisions were originally enforced under the Board of Mediation, but they were later enforced under a National Mediation Board. Earlier laws In 1877, protests broke out in Martinsburg, West Virginia when the Baltimore and Ohio Railroad (B&O) cut worker pay for the third time in a year. West Virginia Governor Henry M. Mathews sent militia under Colonel Charles J. Faulkner to restore order but was unsuccessful largely because of militia sympathies with the workers. The governor reluctantly called for federal assistance, which restored peace to Martinsburg but proved to be controversial, with many newspapers critical of the governor's characterization of the strikes as an "insurrection," r ...
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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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Agency Fee
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 sh ...
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Communications Workers Of America V
Communication (from la, communicare, meaning "to share" or "to be in relation with") is usually defined as the transmission of information. The term may also refer to the message communicated through such transmissions or the field of inquiry studying them. There are many disagreements about its precise definition. John Peters argues that the difficulty of defining communication emerges from the fact that communication is both a universal phenomenon and a specific discipline of institutional academic study. One definitional strategy involves limiting what can be included in the category of communication (for example, requiring a "conscious intent" to persuade). By this logic, one possible definition of communication is the act of developing meaning among entities or groups through the use of sufficiently mutually understood signs, symbols, and semiotic conventions. An important distinction is between verbal communication, which happens through the use of a language, and non ...
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National Labor Relations Act
The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and take collective action such as strikes. Central to the act was a ban on company unions. The act was written by Senator Robert F. Wagner, passed by the 74th United States Congress, and signed into law by President Franklin D. Roosevelt. The National Labor Relations Act seeks to correct the "inequality of bargaining power" between employers and employees by promoting collective bargaining between trade unions and employers. The law established the National Labor Relations Board to prosecute violations of labor law and to oversee the process by which employees decide whether to be represented by a labor organization. It also established various rules concerning collective bargaining and defined a series of banned unfair labor practice ...
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Pattern Makers League Of North America V NLRB
''Pattern Makers League of North America v NLRB'', 473 US 95 (1985) is a US labor law case, concerning the right to organize. Facts The Pattern Makers League’s constitution said resignations from the union were not permitted during a strike. It fined 10 members for resigning during a strike. The employer claimed to the National Labor Relations Board that the fine was an unfair labor practice under the National Labor Relations Act of 1935 §158(b)(1)(A). The NLRB held it was an unfair labor practice. The Court of Appeals upheld the NLRB. Judgment The Supreme Court, Powell J giving a 5 to 4 opinion, held that fines cannot be enforced against non-union members. The proviso in §158(b)(1)(A) allowing unions to have rules for ‘retention of membership’ does not allow rules restricting resignations from union membership during a strike. Blackmun, Brennan, Marshall, Stevens J dissented. See also *US labor law United States labor law sets the rights and duties for employees ...
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Labor Management Relations Act Of 1947
Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the labour movement, consisting principally of labour unions ** The Labour Party (UK) Literature * ''Labor'' (journal), an American quarterly on the history of the labor movement * ''Labour/Le Travail'', an academic journal focusing on the Canadian labour movement * ''Labor'' (Tolstoy book) or ''The Triumph of the Farmer or Industry and Parasitism'' (1888) Places * La Labor, Honduras * Labor, Koper, Slovenia Other uses * ''Labor'' (album), a 2013 album by MEN * Labor (area), a Spanish customary unit * "Labor", an episode of TV series '' Superstore'' * Labour (constituency), a functional constituency in Hong Kong elections * Labors, fictional robots in ''Patlabor'' People with the surname * Earle Labor (born 1928), professor of American litera ...
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Constitution Of Japan
The Constitution of Japan ( Shinjitai: , Kyūjitai: , Hepburn: ) is the constitution of Japan and the supreme law in the state. Written primarily by American civilian officials working under the Allied occupation of Japan, the constitution replaced the Meiji Constitution of 1890 when it came into effect on 3 May 1947. The constitution provides for a parliamentary system of government and guarantees certain fundamental rights. In contrast to the Meiji Constitution, which invested the Emperor of Japan with supreme political power, under the new charter the Emperor was reduced to "the symbol of the State and of the unity of the people" and exercises only a ceremonial role acting under the sovereignty of the people. The constitution, also known as the MacArthur Constitution, , or the , was drafted under the supervision of Douglas MacArthur, the Supreme Commander for the Allied Powers, during the Allied occupation of Japan after World War II. Japanese scholars reviewed and ...
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Japan
Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north toward the East China Sea, Philippine Sea, and Taiwan in the south. Japan is a part of the Ring of Fire, and spans Japanese archipelago, an archipelago of List of islands of Japan, 6852 islands covering ; the five main islands are Hokkaido, Honshu (the "mainland"), Shikoku, Kyushu, and Okinawa Island, Okinawa. Tokyo is the Capital of Japan, nation's capital and largest city, followed by Yokohama, Osaka, Nagoya, Sapporo, Fukuoka, Kobe, and Kyoto. Japan is the List of countries and dependencies by population, eleventh most populous country in the world, as well as one of the List of countries and dependencies by population density, most densely populated and Urbanization by country, urbanized. About three-fourths of Geography of Japan, the c ...
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