The industrial relation system reflects on the relationship between employers and employees. The government is also involved as a third party to ensure no cases of oppression on either group. The main role of the government is to set rules for the governance of work relationships. The employees mainly participate in unions and other associations that afford workers representation. Today, there are a wide variety of labor relation systems hence both private, and public interests are at stake. Traditionally, a labor system should incorporate specific social values such as solidarity and fairness as well as techniques such as negotiation and dispute resolution terminologies. However, the continued rise of a more global economy that is driven by international competition has led to the elimination of these practices. Some countries have already been characterized as having conflictual labor models with America being a leading example. Early this year, the Supreme court ruled against the employees in one of the two major cases that have prevailed in the country for the past few years. The following is an analysis of the judge's ruling and a counter-argument on the same.
The Supreme Court Decision
The main issue of concern was whether employers have the power to control the functionality of employee labor unions. The supreme court justices concluded that employers have the right to resolve labor disputes that occur at their workplace individually other than allowing the workers to team up and present their concerns as a group. The decision was made on the basis that the Federal Arbitration Act supports the issue of arbitration agreements. However, leaders must consider the terms associated with each arbitration policy. The judges also noted that when workers charge their employers with unfairness, there is strength in numbers which negatively affects employers' decisions (Wolf, 2018). Millions of workers responded negatively to the judgment claiming that it was unlawful conduct. Most of them reported having signed these agreements unknowingly only to realize after they face challenges that they have been banned from joining labor unions.
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To justify the court's decision, the ruling judge used a tactic she had employed in a similar case ten years ago. She urged Congress to present their argument on the same while ruling against a female employee who had raised a complaint that she was paid less than her fellow men-workmates. The issue is controversial. The court noted that new forms of employee representation are adding extra dimensions to the labor systems making it hard for leaders to make precise decisions. The judges also pointed out that the employees' rights that have been added to the labor acts in recent years do not supplant the earlier ones. In this case, all the labor and arbitration policies should be considered when making such decisions (Wolf, 2018). Majority employers prefer the arbitration agreements in that they are useful in resolving disputes over work hours, pay and employee benefits. Most companies that use this method rarely go to court over labor crisis.
Counter Argument
As a matter of policy, the issue is debatable. Research shows that favoring the conclusion of individualized employment contracts poses a significant challenge on the functionality of traditional labor unions. The topic of collective bargaining has been developed based on employees past experiences. An individual employee power is weaker than that of an employer. Abandoning these unions would risk corporations to return to the 19th century where the acceptance of hazardous work was based on the ability to make personal decisions (Kaufman & Bennett, 2017). Keeping in mind that the industrial sector is one of the fast-growing business units, favoring employers over the employees would pose challenges to the survival and prosperity of these developments. The extent to which workers participate in labor unions determines the effectiveness of labor relation systems and the effects on organizational performance.
Moreover, there is another form of argument; the underlying dependence of a worker on an employer remains to be a constant element when it comes to employee safety and health concerns. Employers have a general duty of ensuring that their workers are safe and are working from a conducive environment. The workers are also responsible for observing their safety by avoiding harming themselves while at work. Failure to follow these policies might lead to disputes where the solution is based on the functionality of the labor relation system. The dispute resolution mechanism should include both discipline policies as well as rules governing work stoppages such as strikes.
Reasons Why Collective Bargaining is Useful
Collective bargaining gives workers a voice - it is difficult for an individual employee to negotiate with an employer. Research shows that most of the employees who do not participate in unions are faced with the challenge of "take it or leave it" when debating on offers. If the employees find it hard to conform to the organizational rules, then the employer hires new members, and the process is continuous. Unions allow workers to come together and support each other hence a mutual benefit outcome. Some mechanisms are used to promote employees' voice with most of them lying under the two main categories- upward problem-solving technique and representative participation (Kaufman & Bennett, 2017). The upward technique utilizes communication as the primary method of giving suggestions while the participation method encompasses partnership policies. Workers can easily express their demands through unions which provide benefits to both the employees and the organization at large. Aside from being able to speak with one voice, the workers also enjoy other benefits such as access to health facilities, retirement benefits, sick leaves, and insurance facilities. These benefits ensure a higher rate of employee retention.
It is a human right - the American body of the universal declaration of rights asserts that employees should be allowed to form and join different types of unions based on their interests. As a result, there is a national agency that is responsible for overseeing the registration of labor groups that work toward collective bargaining. The right to collective bargaining is acceptable for both the public and private sectors. As a universal right, the policy creates enforcement consistency. Employees who work in corporations that allow the formation of labor unions have real job security in that the employer cannot fire them at will. Unions put everyone on level grounds such that the employers and employees relate under a negotiated contract. Companies should make an effort to reach an agreement with their workers to avoid unlawful conducts and the lengthy court process of reporting a workplace challenge.
Economic Prosperity and Productivity - In today's world, employees are among the primary business asset for success. Commentators assume that employees form labor unions solely to bargain over their wages and working hours. However, similar economic arguments bring to light more reason behind the formation of labor groups. The primary purpose is to fight against discrimination regarding gender, age, originality and family relations. Unionized employees also focus on creating a mobile middle-class group of workers. When focusing on the industrial revolution era, it is not apparent that the benefits associated with the broad business growth were within everyone’s reach. However, majority benefited from the sustained expansion of unionization. The mid-years of the 20th-century mark one of the greatest consumer boom in American history that resulted from legalization of labor parties. Research shows that unionized workplaces have higher productivity as compared to employer-dominated corporations. The ability of employees to participate in decision making through labor parties helps leaders to identify the leading challenges as well as their solutions.
Democracy and Civil Society - political cronyism mainly results from the lack of a functional democracy which works under a civil service system. Collective bargaining is one of the methods that can be used to ensure the formation of a functional democratic system. In the public sector, civil servants have a right to negotiate with the government concerning their working conditions (Kaufman & Bennett, 2017). These organizations set a mark for the private companies such that there is a balanced method of operation. Unions are also used to foster the notions of a democratic government. Living in a democratic society means that people can efficiently resolve conflicts and differences that occur both in the workplace and at home. Keeping in mind that the rules of a labor union are formulated and enacted by the members, the groups help develop active and responsible citizens. In case of a bad decision, the policies of collective bargaining can be changed which means that a list of necessary changes can be developed progressively and then enacted into a new plan.
Conclusion
Throughout the 20th century and into the present, unionization has been a fueling factor for employees' ability to gain rights in the workplace. The process is designed to help workers build conducive working environments which are governed by a set of standards that form the corporate culture. Additionally, the method also ensures that employers get the best workers, consistency with productivity and enhanced workplace relationships. It is also important to note that bargaining collectively is beneficial to the economy and society at large. A future without unions would be bleak.
References
Kaufman, B. E., & Bennett, J. T. (2017). What do unions do? A twenty-year perspective. In What Do Unions Do? (pp. 9-19). Routledge.
Wolf, R. (2018). Fringe benefits and labor mobility: Supreme Court backs employers over workers in first of two major labor cases. USA Today , 28-32. Retrieved from: https://www.wwltv.com/article/news/nation-world/supreme-court-backs-employers-over-workers-in-first-of-two-major-labor-cases/507-556607276 .
