Labor Laws and Unions
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- Date Submitted: 04/21/2013 10:56 AM
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Labor Laws and Unions
The American Federation of Teachers is an organization that is a part of the AFL-CIO and includes five divisions that makes up its membership. The five divisions are teachers, paraprofessionals, higher education personnel, government employees and healthcare professionals. The organization was founded in 1916 and represents 1.5 million members in more than 3,000 local affiliates nationwide.
The legal issues and obstacles that the AFT could encounter are numerous. One is that the represented employees could face lawsuits filed by parents of students, patients or other employees. In addition, they could face illegal contract terminations when the determined notification period is not given. Also, seniority-based decisions that are not in compliance with regulations are another legal issue.
A federal law that could be broken is one concerning teacher contracts. When a teacher’s contract is to be discontinued, notice has to be given 45 days prior to the last day of instruction for that school year. If notice is not given, legally, the teacher cannot be terminated. Also, in the event that a school district is forced to reduce the teaching staff, some older teachers are the first to go. Senior teachers who are laid off may file an age discrimination suit, which is a violation of the Civil Rights Act of 1964. Recommendations to minimize possible litigation in these situations would be to give proper notification before the 45 day window and to base staff reduction decisions on performance reviews.
There are several benefits to joining a union. One would be having a legal representation and a voice to negotiate fair work related issues. A major reason for joining unions is wage increases. According to Tucker (2012), “It’s easier for both management and labor to negotiate increased benefits, particularly retirement benefits, than increased cash compensation…” (p. 7). Another benefit would be better healthcare for all...
The American Federation of Teachers is an organization that is a part of the AFL-CIO and includes five divisions that makes up its membership. The five divisions are teachers, paraprofessionals, higher education personnel, government employees and healthcare professionals. The organization was founded in 1916 and represents 1.5 million members in more than 3,000 local affiliates nationwide.
The legal issues and obstacles that the AFT could encounter are numerous. One is that the represented employees could face lawsuits filed by parents of students, patients or other employees. In addition, they could face illegal contract terminations when the determined notification period is not given. Also, seniority-based decisions that are not in compliance with regulations are another legal issue.
A federal law that could be broken is one concerning teacher contracts. When a teacher’s contract is to be discontinued, notice has to be given 45 days prior to the last day of instruction for that school year. If notice is not given, legally, the teacher cannot be terminated. Also, in the event that a school district is forced to reduce the teaching staff, some older teachers are the first to go. Senior teachers who are laid off may file an age discrimination suit, which is a violation of the Civil Rights Act of 1964. Recommendations to minimize possible litigation in these situations would be to give proper notification before the 45 day window and to base staff reduction decisions on performance reviews.
There are several benefits to joining a union. One would be having a legal representation and a voice to negotiate fair work related issues. A major reason for joining unions is wage increases. According to Tucker (2012), “It’s easier for both management and labor to negotiate increased benefits, particularly retirement benefits, than increased cash compensation…” (p. 7). Another benefit would be better healthcare for all...