Employees are usually faced with a lot of challenges in their attempt to offer their services in their workplace. To counteract these challenges, they form unions which are mandated with representing them when they need changes in their working environments. The unions could defend the employees for better terms which could not have been possible if the employees were to do it individually. However, this may not be realized since some employees may not get what they need from such unions especially if they are not members of such unions. This essay aims to explore if non-union members can by extension receive the services of the unions represented in their place of work in case they have grievances.
The Labour Market Regulatory Authority is mandated with ensuring that employee’ complaints are solved with urgency to ensure that their working environment and conditions are favourable. This includes ensuring that employees can push for collective bargaining power as well as the improvement of their working conditions. This authority ensures that all employees get what they sensibly deserve from their employers without much pushing or strikes (Forde & Stuart, 2017). The case study presented requires attention from the Labour Market Regulatory Authority considering that Green feels that her rights of being reinstated have been overridden. This is in consideration that Swallows a union member was reinstated even after engaging in the same offense as Green did.
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Non-union employees’ rights under the Labour Market Regulatory Authority
The employment protection legislation in the US can be said to be weaker in the labor market as compared to that of Europe since it is quite easier to dismiss employees from their services. However, The National Labour Relations Board which is mandated with overseeing the workers’ rights dictates that employees have the right to join trade unions to negotiate their collective bargaining as well as cushion employees from labour practices that are, however (Forde & Stuart, 2017). Further, this act states that a union that is known in a particular workplace should represent all the workers in that particular workplace even though those workers are not members of that specific union. This means that employees cannot be a force to join a union, but the union is compelled to represent every worker in their jurisdiction. Consequently Green has ground to pursue the Union Grievances Committee to listen to her grievance in spite of being a non-union member just like it did in the case of Swallows a union member
Union’s duty of fair representation
Union’s responsibility of impartial representation means that a union has the mandate to represent all the workforces whether they are affiliates of such unions or not. Additionally, a union is not supposed to discriminate any employee on any grounds be it gender, race, age or nationality. This duty is inclusive of representing all the employees in all matters including collective bargaining and handling employee grievances (National Labour Relations Board). This, therefore, means that Green has the right to be represented by the union at her workplace without being discriminated for not being a union member.
When has the union met its obligation of fair representation?
A merger is said to have met its duty of just representation if it listens to the grievances of all employees without discrimination or denying other employees a chance to air out their grievances (National Labour Relations Board). This is important since obligation of fair representation requires that a union represents all its employees without bias or objectivity of any kind. Every employee should be treated fairly for a union to be considered to have met its obligations of fair representation adequately.
Has the union, in this case, met its fair representation obligation?
The union in this case study has not met its fair representation requirement considering that it did not help to reinstate green in her position while it facilitated the reinstatement of Swallows who was engaged in the same offense as green. This is in spite of the requirement that a union should represent all employees including the non-union members. Additionally, the Union Grievances Committee acted in a biased manner by relying on the version given by Swallows without giving much thought to Greens version considering that it was Swallows who threw the first blow.
In conclusion, employees have a right to be represented by the unions operating in their places of work without any form of discrimination. This representation encompasses both the employees who are subscribed to the union as well as those that are not. In the case study, the union did not practice its obligation of fair representation since it did not help in the rehiring of Green who had committed the same offense as Swallows who was reinstated. It is therefore important for employees to know their rights in a union so as to be cushioned against any casual dismissal.
References
Forde, C & Stuart, M. (2017 ). Employment and social situation in the USA labour market. European Parliament. Retrieved from http://www.europarl.europa.eu/thinktank/en/document.html?reference=IPOL_STU(2017)602026.
National Labour Relations Board (nd). Right to fair representation. Retrieved from https://www.nlrb.gov/rights-we-protect/whats-law/employees/i-am-represented-union/right-fair-representation.
