Should Congress Outlaw The Use Of “Permanent Replacements” During Strikes? Advantages, Disadvantages And Alternatives To Public Sector Strikes

3607 words - 14 pages

Should Congress outlaw the use of "permanent replacements" During Strikes?Advantages, Disadvantages and Alternatives to Public Sector StrikesCharlie MorganUniversity of Maryland University CollegeAdelphi, MarylandStrike replacement occurs when employers hire or use individual to perform the work of employees on strike. In the United States, it is not unfair labor practice for employers to replace the striking workers with others in effort to carry on the company's business. Most other industrialized nations, however, do not allow permanent strike replacement. The United States is already unique among its trading partners in allowing permanent strike replacements and ban on permanent strike replacement would probably raise labor costs and harm international competiveness. For decades, employers have been permitted to hire permanent replacements for striking employees, Congressional action may change this situation, and however, any legislative changes on this issue will most likely become a political hot potatoes for most member of congress or face a probable presidential veto. (Budd, J.W) "But to maintain a balance of power between employees and employers, hiring permanent replacements is not allowed" and The United States Congress should outlaw the use of permanent replacement workers during strikes and I would argue the followings: workers investments, minimize strategic behavior, encouragement of collective bargaining, voice, Mackay doctrine, role of the law, employer has no real incentive to negotiate, Striker replacements, mandatory or permissive issue, What if negotiations fail and Italian model and Advantages, Disadvantages and Alternatives to Public Sector Strikes.I assert that the key distinction that should be made in the law of striker replacements is one based on the degree of firm­ specific investments made by the workers involved in the strike. By focusing on that feature, the law could prevent the use of a strike or the hiring of permanent replacements as an opportunistic behavior weapon designed to expropriate the other party's rents. Although several proxies could potentially be available to the courts or the NLRB, there are no clear guidelines or definitions that facilitate such distinctions.Banning of replacement workers during strike would further the argument that if Congress make the decision of whether to hire striker replacements a mandatory issue of bargaining, unions and employers could make the distinction between firm-specific and general investments made by workers and thus enforce the contract so as to minimize strategic behavior.Outlawing strike replacement workers would support among the goals of the National Labor Relations Act (NLRA) which was the promotion and encouragement of collective bargaining. The sponsors of this Act viewed collective bargaining as the means to promote a new labor policy without having to directly regulate the terms of the employment relationship. In enacting the NLRA, Congress...

Find Another Essay On Should Congress outlaw the use of “permanent replacements” During Strikes? Advantages, Disadvantages and Alternatives to Public Sector Strikes

Discuss whether trial by jury should be abolished in the English legal system? Critically analyse the advantages and disadvantages of the system.

2010 words - 8 pages be critically analysing whether trial by jury should be abolished in the UK legal system plus evaluating the advantages and disadvantages of the system.Lord Devlin was quoted as saying the jury system is "the lamp that shows that freedom lives". A Jury can decide cases on their idea of fairness, e.g. R v Ponting [1984] civil servant leaked info to a MP on the ground of public interest, jury refused to convict despite no legal defence. Juries are

MANAGEMENT BY OBJECTIVES How does MBO complement the planning function of management? What are its advantages and disadvantages? What are your conclusions on its use.

1349 words - 5 pages popular during the 1960's and 1970's (Dinesh & Palmer, 1998.) The common elements of an MBO system are; objectives are established for all jobs in the firm; the use of joint objective setting; the linking of objectives to strategy; emphasis on measurement and control; the establishment of a review and recycle system (Reddin & Kehroe, 1974.) Hence MBO plays an integral part of the planning process for an organisation as it seeks to involve all

Congress should raise the minimum wage to $8.00 Use the although…because.The although clause will be your last mention of your opponents' viewpoint.

1110 words - 4 pages Argumentative EssayTopic 3. Congress should raise the minimum wage to $8.00Use the although…because thesis shown on page 276.The although clause will be your last mention of your opponents' viewpoint.Feel free to use a problem-solution order for your argument based on effects you have already analyzed in your causal analysis essay.MLA Format: Have at least 5 reliable sources that you found by using a college library database like Lexis

Why Should You Use The Public Transports?

544 words - 2 pages Many people who are looking for a way to save money can look no further than where they sit everyday. People who live in rural or suburban areas often have the option of public transportation, at least for the daily commute to work. There are many advantages of using public transportation.First of all is cost. If you compare the costs for buying petroleum, parking spaces and maintenance of the cars with the costs for getting in a bus or train

Public Schools Should Use the Montessori Teaching Method

1272 words - 5 pages comfortable learning environment. Maria thought her education practice should let the students feel relaxed and learn to understand the new topics. Dr. Montessori’s method consisted of many techniques teacher still use today. It has three key elements including the child, environment, and teacher that are important for the program to work smoothly (Powell 46). This is similar to the public schools in the way that those are also main concepts but

Strikes And Alternative Forms Of Coping

1639 words - 7 pages bargaining agreement has expired and generally strikes do not occur unless labour and management have reached a stalemate in the contract negotiations. Negotiations often stall for a number of reasons, but the most common reasons are wage and benefit levels. Often both sides over estimate the other sides willingness to concede and when both sides have given all they are willing to give without reaching a compromise, a stalemate is reached. During a

The Legitimacy of U.S. Drone Strikes

1899 words - 8 pages , but its usage for military purposes began after 1985 (Shaw, 2012, p. 1490). As the United States initiated the use drones against Al-Qaeda and Taliban forces, vast criticism sparked throughout the world questioning its legality under the international law. In this paper, I will focus on the legitimacy of targeted killing, its ambiguous lawfulness under jus ad bellum [Latin - right to war], and humanitarian problems caused in Pakistan during

Modification of the Three Strikes Rule

1950 words - 8 pages doing this, public safety was compromised; inmates who were not fully rehabilitated were being released to rejoin society, and their need for extensive and thorough supervision was not sufficiently being met thus creating the opportunity for the offenders to repeat the offense and become part of the second and third strikers and ultimately affecting public safety. After the ratification of the three strikes rule, prisons became overcrowded

The Advantages and Disadvantages of teleworking to Employers and Employees

1725 words - 7 pages number of homes that own a PC are therefore very strongly related.There are many questions then that one would ask about teleworking; mainly, what are its advantages? And why is it considered such a good move for companies to invest in its use? I will attempt to answer those questions in this report.Advantages for the employeeTeleworking holds many obvious advantages for the employee, or teleworker. The most prominent advantage would be that the

Early Strikes of the American Labor Movement

3753 words - 15 pages . Each building accommodated twelve to forty-eight families. Bathrooms were shared between two or more families, and there were water faucets for each group of five families. The Pullman Corporation appointed all the town officials. The Pullman Journal backed all corporation policies. The company reserved the right to deny labor organizers and radical speakers rental or use of public halls. And, a spy system sought out any sign or word

The disadvantages and advantages of pesticides.

659 words - 3 pages of pesticides that areknown health hazards. That is why people that using or applying thepesticides should be very careful on handling the chemicals. Proper attire isrequired on handling the pesticides.CONCLUSION In Conclusion there are many disadvantages and advantages topesticide use. The main disadvantages to pesticides is that they are veryhazardous to your health if used incorrectly. We know that many people have concerns about

Similar Essays

A) Explain How Lay Magistrates And District Judges (Magistrate's Court) Are Selected And Appointed. B) Identify And Discuss The Advantages And Disadvantages Of The Use Of Lay Magistrates.

2315 words - 9 pages legally trained, they can work through case quicker, and have better technical and legal knowledge.1b) Identify and discuss the advantages and disadvantages of the use of lay magistrates.There are many advantages of having lay magistrates. As they are not paid, the government save money. The magistrate's court is therefore cheap to run. It would be very expensive for the courts otherwise, to hire legally trained judges. The magistrates are normal

Management Or Control? The Use Of Performance Measurement In The Public Sector

3516 words - 14 pages IntroductionThis report considers performance measurement as applied to the public sector as part of the new public management agenda. Key to the discussion is the selection and use of performance indicators. The paper attempts to set out the principles of performance measurement, offer explanations of why public sector performance is measured, as well as looking at different approaches. Some problems are identified and finally using a local

This Assignment Outlines The Advantages And Disadvantages Of Reflection In Nursing And Will Use Evidence From Literature And A Few Examples From Practice.

2608 words - 10 pages emotional unease, taking into account other explanations and putting up with uncertainty (Boyd and fales'83). Reflection gives nurses a legitimate opportunity to regularly stop and think, in the midst of practice, with the intention of enhancing what already goes on in clinical practice.In this assignment the author will use evidence from literature and a few examples from practice to support the advantages and disadvantages of reflection. The

4. What Is Meant By 'the New Economy'? Identify Some Of The Advantages And Disadvantages Of The New Economy. Use Examples.

3216 words - 13 pages intellectual property. Lievrouw (2002), Livingstone (2002), Davis & Meyer (1998) suggest that the New Economy has separated industries into two categories; those that create knowledge and those that use it. Information is becoming a basic raw material of economic process as is demonstrated in the following analogy from Leadbetter (2000) in which he equates a cake with information:'Although frequently costly to produce, information is hard to