Collective Bargaining Agreements Research Articles

Reduction of Labor Rights Provided for in Collective Bargaining Agreements in Brazil

Reduction of Labor Rights Provided for in Collective Bargaining Agreements in Brazil

Cost Minimization Analysis of Conventional vs. Short-Course Radiotherapy with Temozolomide for Non-Elderly Patients with Newly Diagnosed Glioblastoma

<h3>Purpose/Objective(s)</h3> Standard of care for adults aged 70 years or younger with an ECOG performance status of 0-2 and newly diagnosed glioblastoma is maximal safe resection followed by radiotherapy/RT (60 Gy in 30 fractions) with concurrent temozolomide/TMZ (75mg/m2) followed by 6-12 months of adjuvant TMZ (150-200 mg/m2). Recently a phase III non-inferiority trial compared conventional (60 Gy in 30 fractions) RT with TMZ versus short-course (60 Gy in 20 fractions) RT with TMZ and found that short-course RT with TMZ was non-inferior on two separate interim analyses conducted to date. <h3>Materials/Methods</h3> We performed a cost minimization analysis to determine the cost savings of short-course RT with TMZ versus conventional RT with TMZ for patients with newly diagnosed glioblastoma. All the resources necessary to deliver the two treatment regimens including the time and expertise of various health care professionals, supplies, infrastructure, and other means were identified by experienced clinicians at our institution. Shared costs between the two different treatment regimens were identified, as they cancel each other out, and were not included in our analysis. Costs were obtained from several sources including institutional databases, collective bargaining agreements, Minister of Health cost documents, and expert elicitation. All costs were analyzed in 2022 Canadian dollars (CAD). Any cost parameters used within the model that are older than the year 2021 were inflation adjusted using the Bank of Canada inflation adjustment calculator. <h3>Results</h3> The non-shared treatment costs of one patient treated using conventional RT with TMZ versus short-course RT with TMZ was $22 532.97 and $15 021.98 respectively. Short-course RT with TMZ therefore saves $7510.89 dollars per patient treated relative to conventional RT with TMZ. For every 60 patients treated with short-course RT with TMZ, the salary of one full time radiation oncology staff position equivalent in Alberta and 600 treatment slots are recovered <h3>Conclusion</h3> For patients with newly diagnosed glioblastoma, short-course RT with TMZ leads to cost savings compared to conventional RT with TMZ. Short-course RT with TMZ also reduces the number of treatment slots needed for these patients, which has potential for improved wait times and access to RT for other cancer patients.

Using Competing Theories to Explain Variations in U.S. Police Departments’ Reported use of Force Counts

Using data from the 2013 Law Enforcement Management and Administrative Statistics (LEMAS) survey, the current study provides a cross-sectional analysis of U.S. police departments’ reported use of force. The goal of this study was to examine the extent to which departments’ reported force counts were explained by rational bureaucratic and/or institutional theory. Given the stark variations in reported force counts, a hurdle model was used to examine the potential effects of the theories on departments’ likelihoods of reporting force and the frequency in which they reported it. The results highlighted the significance of both theories. In terms of rational bureaucratic theory, the results illustrate that the absence of a collective bargaining agreement and greater professionalism requirements reduced departments’ likelihoods of reporting force, while less restrictive administrative policies increased departments’ likelihoods of reporting force and the frequencies in which they reported it. In terms of institutional theory, the results revealed that black officer representation reduced both the likelihood of reporting force and the frequency of force reported. However, increases in jurisdictions’ population and crime rates, for the most part, increased force reports. Combined the theories explained over one-fifth of the variations in departments’ reported use of force for the observed year. The findings suggest that successful efforts to reduce force-related injuries and deaths should consider the contextual environments in which rules and regulations regarding force are made.

The Impact of Teacher Labor Market Reforms on Student Achievement: Evidence from Michigan

Abstract Over the past decade, many states enacted substantial reforms to teacher-related laws and policies. In Michigan, the state legislature implemented requirements for teacher evaluation based partly on student achievement, reduced tenure protections, and restricted the scope of teacher collective bargaining. Some teacher advocates view such reform as a “war on teachers,” but proponents argue these policies may have enabled personnel decisions that positively impact student performance. Evidence on this debate remains limited. In this study, we use detailed administrative data from all Michigan traditional public schools from 2005–06 to 2014–15. We estimate event study models exploiting the plausibly exogenous timing of collective bargaining agreement expirations. Across a variety of samples and specification checks, we find these reforms had generally null results, with some evidence of heterogeneity by cohort. We investigate several possible mechanisms and conclude that districts with more restrictive teacher contracts prior to reform and districts with more rigorous use of teacher evaluations experienced more positive impacts after reform exposure.

Strategic Position and Trade Union Power: An Analysis of Trade Union Strategies in the Automotive, Chemical and Edible Oil Sectors in Argentina, 2003-2015)

The aim of this paper is to analyse empirically the importance of union strategies as a moderating variable between unions’ structural and associational power and their bargaining and mobilisation power. To this end, we selected three unions, one from each of three strategic industrial sectors in the Argentinian national economy – automotive, chemical and edible oils – and analysed their dynamics of collective bargaining and labour conflict in the 2003–2015 period. The research is based on a review of secondary sources (collective bargaining agreements and conflict databases) as well as primary sources (semi-structured interviews with managers, trade union leaders, worker representatives and activists). Whereas workers in each of these sectors have a similarly high degree of structural power, we observed differences among the sectors in working, wage and organisational conditions. These differences are associated with three different union strategies for building union power, which we identify as partnership, confrontational and combative. KEYWORDS: strategic position; trade union power; union strategies; sectoral analysis; Argentina

Effects of Collective Bargaining on Industrial Disputes Management

Industrial conflict appears to be a major problem hindering development in developing countries in general. It has been established that industrial disputes cause economic losses to organizations and poor relationship among employees and employers. Although conflict in an organization is inevitable, it should be understood that disputes between employees and employers must be reduced through mutually agreed mechanisms to a reasonable level that enable creativity and performance of employees and the organization at large. This paper focuses on reviewing the effect of collective bargaining on industrial disputes management. The existing literature on collective bargaining, joint consultation, grievance handling, and industrial dispute management was also examined. The study objectives further establish how collective bargaining, joint consultation, and grievance handling mechanism influence dispute management in an organization. Pluralism theory and human relations theory was used as a guide for this study. It was concluded that collective bargaining agreement, joint consultation, and grievance handling are key tenets of industrial dispute management. All parties are recommended to respect the rights of each party in negotiation and the agreement reached should be documented and cited as the point of reference in resolving disputes. The management should strive to allow a give and take position while resolving conflicts, provide grievance handling process that is timely, fair, involve both parties, and ensure that grievance capturing mechanism is readily available to all parties. Joint consultation committees, union, and management should also coexist to resolve any dispute which arises. In mutual coexistence environment, the organization is able to tap into the stock of ideas, which are available within the organisation.

A Players’ League: Short- and Long-Term Solutions to Contract Holdouts in the NBA

The business of basketball can be cruel at times. Teams often trade players against the players’ wishes, using them like chess pieces to help the team, not the player, reach its goal. However, in recent years, the NBA has become a “players’ league” as the balance of power in contract negotiations has shifted from teams to players. More than ever before, players are dictating the terms of their contracts because team owners understand that the public pays top dollar to watch the best players perform, many of whom are considered cultural icons with massive marketability. However, this change in bargaining power has also created incentives for players to participate in opportunistic and strategic behavior. With limited earning-power years and a rare, sought-after skillset, players have increasingly engaged in contractual holdouts with the goal of either being traded to a new team or renegotiating their existing contracts for more money.&#x0D; This Note offers a short- and long-term legal framework to deal with the holdout scenario where players refuse to play pursuant to their original agreements until their contractual demands are accepted. Part I examines the key components of the NBA’s structural framework, including the Collective Bargaining Agreement, the Salary Cap, the Uniform Player Contract, Compensation, and Free Agency. Part II defines the player holdout problem, explains the significance of the problem for the NBA and its teams, and clarifies why traditional remedies set by the courts are inadequate to deal with this concern. Part III presents the optimal short-term legal solutions available to teams to address the holdout problem, namely self-help specific performance and liquidated damages, and certain limitations and challenges in enforcing these solutions. Finally, Part IV introduces a long-term, league-wide strategy to prevent holdouts in the future: Player Escrow Accounts.

Leading for School Change in a Divided Community

This case study examines the intersection of rural education, new leadership, and supervising teachers when a power imbalance exists. Using a real-life example of supervision and professional interactions, this case study focuses future administrators on the real-life conflicts inherent in supervision and employee rights. The case study examines the inherent power dynamics in some rural school systems, where changing demographics have resulted in the dissonance between what the Board of Education, the superintendent, and a newly appointed principal see as an educational environment for cultural responsiveness which acknowledges changes in the community and the pre-existing, established norms. The interactions between the principal, a veteran teacher, and a classroom environment during contentious discussions among students in a civics education class debate launched faculty discontent towards the new administration. The debate occurs during an already contentious moment during the stalled teacher's collective bargaining agreement.

Scoring Benefits to Eastward Travel in the NBA

Travel across time zones may affect player scoring through circadian rhythm. We test how travel affects scoring for the US National Basketball Association from 2014–2018, a period featuring a new game scheduler. We also test whether a collective bargaining agreement that protected player rest changed how travel affects scoring. We find eastward travel increases scoring and point spread via three-pointers and field goals, with implications for point spread betting in sports gambling markets. The 2017 collective bargaining agreement mitigates the eastward travel benefit on scoring and increases scoring overall, suggesting improved fairness and potential benefits for players and fans.

Privilege and Prejudice: How Shareholder Primacy Affects the Role of Social Class in CEO Selection

Prior research has found that contenders of upper-class backgrounds are favored for CEO positions in Corporate America over those of lower- and middle-class backgrounds. However, in the decades since the last study was conducted, Corporate America has undergone significant changes that have institutionalized shareholder primacy as the dominant organizing principle. This study examines the implications of these societal changes, theorizing that the upper-class bias in CEO selection has steadily become amplified since the 1970s. We further hypothesize that companies with concentrated institutional ownership are more likely to be beholden to the shareholder primacy principle and, as a result, exhibit a stronger preference for upper-class CEO contenders. In contrast, we posit that collective bargaining agreements with unions serve as a countervailing force to shareholder primacy, manifesting in a reduced class bias in CEO selection. Using a novel dataset that compares the social class backgrounds of 454 rival candidates who competed for 227 CEO selection events during 1970-2013, we find considerable support for our hypotheses.

Effect of Collective Bargaining on Industrial Disputes Management Egesa Simon Ukokhe

The industrial conflict appears to be a major problem hindering development in developing countries in general. It has been established that industrial disputes cause economic losses to organizations and poor relationships among employees and employers. Although conflict in an organization is inevitable, it should be understood that disputes between employees and employers must be reduced through mutually agreed mechanisms to a reasonable level that enables the creativity and performance of employees and the organization at large. This independent study paper seeks to review the effect of collective bargaining on industrial dispute management. The study will be guided by pluralism theory, Unitarian theory, systems theory, and human relations theory. The study concluded that collective bargaining agreement, joint consultation, and grievance handling are key tenets of industrial dispute management. The management and employee must embrace dispute management in totality to enhance industrial harmony, foster organizational performance, and enhance employee trust in management. It is recommended that all parties should respect the rights of each party in negotiation and that the agreement reached is documented and cited as the point of reference in resolving disputes. The study also recommends that management should strive to allow a give and take position while resolving conflicts, provide a grievance handling process that is timely and fair, involve both parties, and ensure that grievance capturing mechanism is readily available to all parties. The study further recommends that joint consultation committees, unions, and management should coexist to resolve any dispute which arises. In mutual coexistence environment, the organization is able to tap into the stock of ideas, which are available within the organization.

노조법상 사용자 개념 판단 방식에 대한 비판적인 고찰 - 중노위 판정 검토를 중심으로 -

In March 24, 2022, the National Labor Relations Commission (the “NLRC”) has rendered a decision (the “Decision”), which extended the scope of employer status under the Labor Union and Labor Relations Adjustment Act of Korea (the “Labor Union Act”) in relation to the labor union of the subcontractor (the “Subcontractor Union”).BR In a case where the Subcontractor Union had claimed that the Contractor’s refusal to respond to the collective bargaining requested by the Subcontractor Union would constitute ‘unfair labor practice’ under the Labor Union Act, the NLRC took a progressive stance by explicitly adopting “de facto governing theory” instead of “implicit employment relationship theory,” and recognizing the Contractor’s obligation to respond to the Subcontractor Union’s request for collective bargaining.BR However, the Decision has failed to understand the basic structure of the Labor Union Act and such decision will only incur unresolvable practical difficulties, and increase unnecessary legal disputes and turmoil between the Contractor and Subcontractor Union. The main logical defects of the Decision is as follows.BR 1) The Decision appears to have deliberately distorted former court judgments and decisions rendered by the Regional LRC. In this regard, I tried to list up and assess all relevant cases for the past 10 years in order to induce a conclusion that “implicit employment relationship theory” has been and is a prevailing theory, except for a very few cases under special circumstances.BR 2) The ultimate purpose of collective bargaining is to execute a collective bargaining agreement (the “CBA”) and the CBA in principle governs the terms and conditions of employment. Hence “de facto governing theory” which severs the CBA from the employment relationship is simply illogical and irrational. At least under the current Labor Union Act, there is no convincing legal grounds to extend the scope of employer-employee relation beyond the traditional contractual employment relationship.BR 3) Under the “de facto governing theory,” it would be impossible to resolve issues surrounding unification of bargaining channel between the Subcontractor Union and the union of the Contractor. Further, punishing the Contractor for unfair labor practice for not responding to the request of collective bargaining would likely to be in violation of “nulla poena sine lege principle” under the Korean Constitution.BR Due to the recent development of multi-facet relationship between service provider and service receiver under the Fourth Evolution Era, it may be right time to discuss reforming the Korean labor laws. However, it would be prudent to abide by the current legal regime under the Labor Union Act until the Korean Assembly formally adopts such reform given that the legal stability is a key to a more stable labor relationship in Korea.

Militant minority at work: a successful case of unionisation of garment workers in Istanbul

ABSTRACT This article explores a successful unionisation struggle among garment workers in Istanbul. In the last four decades, Turkey has become a global showcase of authoritarian anti-labour neoliberalism and one of the world’s top garment and textile exporters. The latter has come at the cost of worker exploitation and precarity. Such conditions led a group of knitting workers to unionise at the beginning of the 2010s. After five years of struggle, they signed a collective bargaining agreement covering nearly 400 workers. This very rare success rested on two key factors: the efforts of a militant minority and transnational labour solidarity.

A Bankrupt Bargain

This Note discusses the conflict between labor law and the Bankruptcy Code, specifically focusing on whether bankrupt debtor firms can reject expired labor contracts within bankruptcy. The National Labor Relations Act prohibits employers from unilaterally changing key terms of an expired collective bargaining agreement after the agreement has expired. This rule serves to promote labor peace and prevent coercive actions by employers during the post-expiration negotiation period. Increasingly, Bankruptcy courts interpret the statutory provision that governs the rejection of labor contracts, § 1113 of the Bankruptcy Code, to allow for rejection of expired agreements. This trend poses a threat to labor unions’ bargaining power and conflicts with the National Labor Relations Act’s statutory goals. This Note argues that a textualist interpretation of § 1113 illuminates legislative intent to prohibit debtors’ rejection of expired collective bargaining agreements in bankruptcy. It argues that § 1113 allows for temporary changes to the terms of an expired agreement, simultaneously providing for relief for the debtor while preserving the intended negotiation process between unions and employers.

Costs-revenue deficit of outpatient treatment of minor injuries in the emergency department

Many patients with minor injuries hastily present in the emergency department and tie up resources and personnel there. To establish the cost-revenue relationship of outpatient care of minor injuries in the traumatology emergency department. The calculation was based on the uniformly billed emergency flat rates of the uniform assessment standard (EBM). Using the current collective bargaining agreements for physicians and nurses, per minute costs were calculated. The time required for treatment was determined on the basis of 100 reference patients with minor injuries. The case cost calculation with the respective resources was carried out with the operational controlling of the University Hospital Frankfurt. A total of 4088 patients with minor injuries who presented in 2019 were included. Most common reasons for presentation were contusions of the lower (31.9%; n = 1303) and upper extremities (16.6%; n = 677). Atime expenditure of 166.7 min per day for the medical staff and 213.8 min per day for nursing staff was calculated. Atotal revenue of 29,384.31 € and total costs of 69,591.22 € were calculated. Thus, arevenue deficit of -40,206.91 € can be calculated for the year 2019. This corresponds to amonetary deficit of 9.84 € per patient. There is ashortage of the medical resource "personnel" to satisfactorily and economically manage the nowadays high volume of self-presenting pedestrian patients with minor injuries. The current remuneration of the treatment of minor injuries by the uniform assessment scale is insufficient for the hospital sector.

Betting on Athlete Data: The Legal Landscape of Professional Sports, Athletes’ Rights and Gaming Companies

The United States Supreme Court ruling that the Professional and Amateur Sports Protection Act (PASPA) was unconstitutional in May 2018 has changed the professional sport landscape. Currently, states are working to create and pass sports betting laws and capitalize on the financial opportunities, while professional leagues are looking to do the same. One way the leagues can further benefit financially from sports betting is selling athletes’ biometric data (ABD) to data providers, such as Sportradar and Genius Sports. However, the dearth of legal precedent on protections of ABD and the lack of delineation of ownership of ABD within collective bargaining agreements poses obstacles for leagues to overcome before offering ABD in sports betting platforms. Therefore, the purpose of this paper is to discuss (1) the current state of sports betting in the United States, (2) the legal precedent around ABD, (3) the challenges that stem from legal precedent or laws, and (4) a solution for how leagues can sell ABD to data providers while being compliant with applicable laws.

Collective Bargaining Agreement and Job Satisfaction of Nurses: A Survey of Government Health Institutions in Kilifi North and Malindi Sub-Counties, Kilifi County-Kenya

One of the factors influencing the performance of high-performing businesses in the cutthroat business climate is job unhappiness. The significance of the health institution to the study is that nurses and doctors have frequently complained about and been in conflict with one another at these health institutions. Job satisfaction has been a topic of concern by many researchers in the fields of psychology, sociology as well as organizational behavior. Such aims at wellbeing of the individual employee both mentally and physically. The main purpose of this research is to examine the effects of collective bargaining agreements on nurses’ Job satisfaction in county government health institutions in Kilifi County. The selected area of focus under this study was health institutions based in Kilifi North and Malindi Sub County. The study’s objectives are: to determine the effects of institutional leadership styles and the effects of working environment on job satisfaction of nurses at Kilifi county government’s health institutions respectively. The researcher used self–administered questionnaires to collect data. The researcher employed descriptive research design. The target population was860nurses working in public and private health institutions in Kilifi North and Malindi Sub County. Purposive sampling technique was used by the researcher and 138 nurses will be used as the sample size.. From regression, when leadership styles increases by one unit, job satisfaction increases by 0.164. Work environment enhanced collective bargaining agreement to a great extent by government health institutions.From regression, when work environment increases by one unit, job satisfaction increases by 0.412. The relationship is positive. The study concluded that, leadership styles and work environment affected job satisfaction significantly. The factors explored by this study contribute to the job satisfaction of nurses by government health institutions in Kilifi North and Malindi Sub-Counties, Kilifi County-Kenya. Keywords: Collective Bargaining Agreement, Leadership Styles, Work Environment, Job Satisfaction DOI: 10.7176/EJBM/14-14-07 Publication date: July 31 st 2022

Shortage of Skilled Labor, Unions and the Wage Premium: A Regression Analysis with Establishment Panel Data for Germany

The author investigates the different influences of labor shortage on wages in firms with or without collective bargaining agreements. In addition to training, technological solutions, and organizational flexibility, employers can also offer higher wages at a constant employment level to fill vacancies if the current payments are lower than the marginal revenue of the workers. Firms with collective bargaining agreements probably already pay wages according to marginal revenue or, in the case of rent sharing, above it, and the remuneration is probably also not adjusted. Using wage regressions with panel data for German establishments, this paper shows that collective bargaining and a lack of skilled workers can lead to higher wages. However, the latter only applies to firms that are not bound by collective agreements. Hence, wage differentials between these firms decrease, providing further explanation for a countercyclical development of the wage premium from the collective bargaining agreement.

Labour Union Practices and its Influence on Performance of Teachers in Public Secondary Schools in Arusha District Council

The labour practices may affect teachers’ performance either positively or negatively. The inability of teachers’ labour union to deliver its mandate has contributed in de-motivating teachers in their work performance. The study sought to; highlight the labour union practices in secondary schools and examine the influence of labour union practices on work performance of teachers in public secondary school in Arusha district. The study was guided by Social Action Theory by Bowey. The study used convergent parallel mixed method design whereby the study converges or merges quantitative and qualitative data in order to provide a comprehensive analysis of the study problem. Data were collected using the questionnaire, structured interview, and documentary review. The sample size consisted of 126 respondents. Reliability (r = 0.67) of the instrument was tested using Cronbach Alpha. Quantitative data was analysed using descriptive statistics in the SPSS version 20 and results were presented in tables of frequencies and percentages. Qualitative data was analysed thematically alongside research questions. The study reveals that Tanzania Teachers’ union (TTU) fights for teachers’ job security, defending their rights, participating in collective bargaining agreement on behalf of teachers and advocating for teachers’ salary increment. Moreover, the findings reveal that lack of teachers’ job promotions de-motivate them while conducive working environment inspires teachers. The study recommends that teachers need to support the union fully since the union’s strength is obtained through its membership, the teachers as the members of TTU need to join forces together and exhibit solidarity.

Uncovered workers in plants covered by collective bargaining: Who are they and how do they fare?

AbstractIn Germany, employers used to pay union members and non‐members in a plant the same union wage in order to prevent workers from joining unions. Using recent administrative data, we investigate which workers in firms covered by collective bargaining agreements still individually benefit from these union agreements, which workers are not covered anymore and what this means for their wages. We show that about 9 per cent of workers in plants with collective agreements do not enjoy individual coverage (and thus the union wage) anymore. Econometric analyses with unconditional quantile regressions and firm‐fixed‐effects estimations demonstrate that not being individually covered by a collective agreement has serious wage implications for most workers. Low‐wage non‐union workers and those at low hierarchy levels particularly suffer since employers abstain from extending union wages to them in order to pay lower wages. This jeopardizes unions’ goal of protecting all disadvantaged workers.