Labor Law Whistle Blowing Dillema Labor relations today, are quite different from those that existed in England during the eighteenth and nineteenth centuries when employment relationships were considered of very little importance in the eyes of the law. Industrialization and commerce grew bringing with it the birth of modem day labor law. America was in no way exempt from the pain of progress. Employer and employee relationships were strained from the very beginning of labor, and it soon was evident that government intervention would be necessary to keep the labor movement on track. Several statues have been enacted since the early nineteenth century to deal with management and unions. Evidence can be seen from the Norris-La …show more content…
(2) The active whistle-blower - describes employees that voice their concerns over illegal activity conducted by their employer, and take steps either internally or externally to expose such activity. The active whistle-blower usually creates the most controversy because this person is under the employ of the people or organization who are the object of the complaint (Westman 21). (3) The embryonic whistle-blower - describes employees who have been terminated before they have the opportunity to expose their employers' practices. These employees are usually terminated because the employer suspects that they represent a potentially sensitive or unfavorable predicament (Westman 22). The various forms of retribution that whistle-blowers endure at the hands of employers both financially and psychologically for attempting to correct mismanagement, fraud, and dishonesty are often too much for the whistle-blower to bear. Careers are in jeopardy because individuals with strong ethics decide to pursue law suits against their employers. One example is where the US Forest Service employees found their careers ruined by either demotions or loss of jobs when caught speaking out in favor of the environment or sound science, or when
Historically, unions have made major improvements in workers’ conditions and wages. There has been legislation in favor of support to unions and worker needs and there has been legislation to restrict union power. The Wagner Act, commonly referred to as the National Labor Relations Act, and the Taft-Hartley Act are two of the many laws created to balance union power. This paper will look at both Acts, the impacts they have had, and what changes could be made to make them more relevant to today’s society.
Throughout history many people, such as politicians, officials, and generals, have been noted to have molded the United States, neglecting the fact that workers have also played an important role in shaping this nation’s history. During the 1870s to the 1930s, laborers faced many hardships; they had trouble keeping their jobs, had their wages decreased, and were forced to work sixty-hour weeks without insurance. Over time, workers began to feel aggravated by their employers’ demands and began to voice their opinions. Only by forming into unions and standing up to what employers’ thought was “freedom” in the workplace were the laborers able to change working conditions more favorable for them.
Despite whatever legislative success Gilded Age labor had, it was the court system, according to Forbath, that “principally determined how labor legislation, once passed, would fare.” In the same way, it was the courts that, as they gained more of a foothold in labor law, shaped labor’s political outlook and tamed their ideologies. Specifically, the labor movement, as they continued to lose ground in the courts, and in contrast with previous thought, began to divide its people into a “dependent class of women, children and men in certain dangerous [jobs]” and an independent class of adult men. Undoubtedly, this harmed their sense of group
In labor as in all things there is strength in numbers it is this strength that American labor unions provide. Labor unions provide a collective voice for those who had not previously been heard. As the professor in the “Frustrated Labor Historian” Dr. Horace P. Karastan is left with the dilemma what are the three most important events in American labor union history it would be difficult to choose with so many important moments. There are however several events that stand out as being turning points in giving employees unquestionable protections. The Norris-LaGuardia Act of 1932 allowing employees the right to organize. Further the Wagner Act protecting employees from reprisal from employers for organizing spurring the growth of unionization. The Landrum-Griffin Act of 1959 building on the Wagner Act as well as the Taft-Hartley Act of 1947 which granted protections from the unions. It is these Acts that have changed the landscape of American labor union history and leave us with the unions that we have today.
The issues that face workers is ever changing, in modern times a lot of the original issues seem to have been solved. Long hours, have been be replaces with mandated working hours defined by law, safety issues can be covered by OSHA, age limits again are decreed in law. Comparing modern day America to 1800’s America and the stark contrast in working conditions creates room for a strong argument opposing Unions and any tangible outcome they may produce besides lining their own pockets
In 1900, the government was unresponsive to the wants of laborers because lawmakers favored business owners rather than employees. This can be shown in the Supreme Court’s undermining of the ICC which was a direct response to farmer-labor demands. With hostile courts and Congress, labor turned to collective bargaining with employers to get their demands addressed. (Henretta, Hinderaker, Edwards, & Self, 2015, p.520).
The labor Union movement played a big impact during the late 1800’s that we as American’s have benefitted from still to this day. The idea is basic: better working conditions, better compensation for the work being done. Up to this timeframe, farming was a primary source of subsistence as well as finance for many typical American households. However as the Country grew and industry began it’s reign on the American economy, many of these former farmers and their children took to working for a salary. Unfortunately, as seems to be a trend within history, the people that control the money tend to treat their employees with little regard until someone steps in to speak up for these workers.
Even today labor unions, in order to protect workers’ rights, have to stay involved in politics. All that labor unions have gained over the year can be legislated away so they have stay vigilant on legislative issues (Soutier 1). Soutier is right that without that pressure to fight the opposition working Americans could find themselves losing certain protection they thought were iron
The labor union movement over the years has shaped the way individuals work and live for both the nicest and unpleasant. Some would think the unions influence has created a power struggle between management and union leaders. In today’s time, some citizens insist the existence of unions are a must to aid in employee freedom, while others view the labor unions as just another problem in the line of progress. The purpose of labor unions was for employed workers to come together and collectively agree on fundamental workplace objectives. The rise of the union came about after the Civil War- responding to the industrial economy. Surprisingly at the least unions became popular within the 1930-50’s and began to slowly decrease,
• The accused/accusers will be informed of the seriousness of the allegations of misconduct by their manager/supervisor they will also provide any supporting evidence.
Labor unions and movements play an important role in the United States. Although they are treated synonymously, the labor movements encompass a broader scope than labor unions. Some of the examples of current labor unions and movements include National Guestworker, Domestic Workers United and Wal-Mart workers groups. The heart of the current labor initiatives in the United States can be traced back to the National Labor Relations Act of 1935 (Collier & Collier, 2002). The labor law was imperative since it was intended to put the power of the government behind the worker’s right to organize unions and bargain collectively with their employers on issues such as wages, hours and working conditions. In the last thirty years, labor unions have
abor unions have always had a very different conception of the workplace. According to labor unions, workers deserve a say in the conditions of their labor because the right of workers to organize in their own self- interest is a basic human right. Danger in jobs is what prompted labor unions to fight, they believed workers should be treated fairly and be paid enough to live in comfort and dignity. In the early 19th century, workers couldn’t speak up because they were likely to be fired and easily replaced by someone else desperate for a job, which is why labor unions, such as the American Federation of Labor, grew during the Second Industrial Revolution. As industrialization continued making workplaces larger, the relationship between employees and employers became less personal, causing workers to lose power and respect; this is when the membership of labor unions grew noticeably. These unions profoundly impacted American society by fighting for fair labor conditions, earning national acknowledgement, and to convince the government to pass legislations.
Labor relations are concerned with the learning and management practices of unionized situations of employment. However, in the circles of academia, labor relations get classified as a subarea of industrial relations, even though researchers from numerous disciplines also study labor movements and labor unions. Nevertheless, in practice, labor relations get classified as a subarea in the management of human resource. Therefore, the courses in labor relations characteristically look into the history of labor, labor regulation, and organization of union, bargaining, administration of contract, as well as, any contemporary topics that are significant. In the U.S., the labor relations of the private sector get regulated through the Act of the National Labor Relations. On the other hand, the labor relations of the public sector gets regulated through the Act of the Civil Service Reform that was introduced in the year 1978, along with the appliance of a series of state pieces of legislation (Fossum, 2012).
Since the beginnings of industrialization in the United States, a struggle between the rights of individuals working in industry and manufacturing and the desire of the ownership of these endeavors to maximize profits has raged. As various eras in history passed, labor movements in the United States met with varying degrees of success. The fortunes of labor movements in the United States has ebbed and flowed along with other key factors in American society. In times when human rights and the rights of the individual were national priorities, the labor movement prospered, in times where businesses and profitability were the priority, the labor movement faltered.
Whistleblowers can highlight and prosecute wrongdoers within a company by releasing and discussion information only very few have access to within an organization. When observing the common model of whistleblowing, the process of whistleblowing is composed of five stages (Henik, 2008): “the occurrence of the triggering event, recognition of the event and decision of actions to take, conduct of action, organizational reaction to whistle-blowing, and whistle-blower’s assessment to the organizational response”. The second stage is critical in that the decision to blow the whistle is made in that stage. Many people who want to come forth about information regarding an organization that they work for are usually too afraid to do so because of certain limitations. These limitations can include losing your job, lose of benefits, media locked on to you, and the organization itself can come after you. President Obama emphasized the importance of whistleblowing by saying, “Often the best source of information about waste, fraud, and abuse in government is an existing government employee committed to public integrity and willing to speak out” (CBC News, 2013). Sometimes, people interchangeably use the terms “whistleblowing and voice”. Earlier, Hirschman (1970) listed four ways to respond to dissatisfaction: “exit, voice, loyalty, and neglect”. “Dissatisfied employees adopt “voice” when they decide to stay in the organization and seek to improve current conditions (Zhou & George,