labor view of subcontracting and partial closure bargaining

by Rosemarie Cordello Tedesco

Publisher: Labor Education and Research Center, University of Oregon in Eugene, Or

Written in English
Published: Pages: 106 Downloads: 431
Share This


  • Oregon.


  • Public contracts -- Oregon.,
  • Subcontracting -- Oregon.,
  • Collective labor agreements -- Government employees -- Oregon.

Edition Notes

Statementby Rosemarie Cordello Tedesco and Michael Tedesco ; with management commentaries by Jeanette Launer and Maria Keltner.
SeriesLERC monograph series ;, issue no. 4
ContributionsTedesco, Michael.
LC ClassificationsKFO2551.5.Z9 T43 1987
The Physical Object
Pagination106 p. ;
Number of Pages106
ID Numbers
Open LibraryOL2153690M
LC Control Number88623654

The key to good-faith bargaining is a reliable source reviewing the books. The Teamsters, for instance, were in crisis bargaining with YRC, the largest union freight carrier. Rather than use its own people, the union secured an outside consulting firm to thoroughly review YRC’s operations. Wachter, Michael L. and Cohen, George M. (), 'The Law and Economics of Collective Bargaining: An Introduction and Application to the Problems of Subcontracting, Partial Closure, and Relocation', University of Pennsylvania Law Review, Collective bargaining apPears to be the instftu4ional context in which the solution to the plant closure problem is most likely tohe found. Since labor costs, work piles acid productivity freqkiently are s for closure:collective bargaining appears to be the mecharlism idially suited to resolving these issues. a partial closure upon a jeopardized workforce is a mandatory subject of collective bargaining. At best, decision bargaining merely entails em-ployer consideration of union-suggested alternatives to partial termination before making a final decision to close. As the duty to effects bargain isCited by: 4.

LABOR'S PLANT CLOSURE PAINS by Robert H. Bliss* W HEN an employer who has a union representing his employees decides to close a factory or a business for any reason, he may commit a series of unfair labor practices under the National Labor Rela-.   Subcontracting was a key element in the decision by Mack Trucks Inc., to move its manufacturing operations from an old plant in Allentown, Pa., to Winnsboro, S. C., and to subcontract .   economically-motivated, complete closure or partial closure of an employer's operation.4/ The NLRB has apparently adopted a similar view of FNMC and has proceeded to analyze allegations of refusal to bargain over management decisions on a case-by-case basis. (See, Bob's Big Boy Family, A Division of Marriott Corp. () NLRB No. ). of an unfair labor practice on the theory of a "runaway shop", discussed in the text under PARTIAL CLOSURE, section II, infra. 5. U.S. (). However, the Darlington Company was an inte-grated part of a larger corporation and, as such, it was necessary to determine.

(suggesting that labor law and industrial relations policy reinforce management's growing bargaining advantage over unions). 5 See William R. Corbett, Taking the Employer's Gun and Bargaining About Returning HeinOnline -- 58 Ohio St. L.J.   A union could enforce a “letter of agreement” preventing a highway construction general contractor from doing business with a named subcontractor, the 1st U.S. Circuit Court of Appeals has ruled. The National Labor Relations Board argued that the agreement violated section 8(e) of the National Labor Relations Act, 29 U.S.C. §(e).   When an employer wants to make a change in past practices, there are generally three possibilities with respect to whether it must negotiate with a union: (1) The decision can involve a negotiable topic – typically, wages, hours, or working conditions – and the employer must negotiate about the decision before making it; (2) the decision can involve a non-negotiable topic, but the decision. 6 Economics of Plant Closure. force a decline in market price. To the extent that employees have shared in the monopoly rents (profits) with their employer, there will necessarily be a downward adjustment in labor costs, either through a more effi cient utilization of labor or direct reduction of wages and benefits, if the plant is to survive.

labor view of subcontracting and partial closure bargaining by Rosemarie Cordello Tedesco Download PDF EPUB FB2

U.S. DEPARTMENT OF LABOR SCA COMPLIANCE PREVAILING WAGE RESOURCE BOOK PRINCIPLES fringe benefits not otherwise required by Federal, State, or local law to be provided by the contractor or subcontractor. 29 C.F.R.

§ Fringe benefits listed above are illustrative of those that may be Size: KB. Bargaining about Decisions to Subcontract N. Peter Lareau uses O.G.S. Technologies, Inc., as a vehicle for examining Board and judicial precedent about an employer's obligation to bargain over a decision to subcontract work currently performed by employees represented by a labor.

ISSUE NO. 4 A LABOR VIEW OF SUBCONTRACTING AND PARTIAL CLOSURE. BARGAINING by Rosemarie Cordello and Michael Tedesco, labor. attomeys; A MANAGEMENT COMMENTARY, by Jeannette Launer, Legal. Counsel, Portland Development Council.

Revised March with. REVISED MANAGEMENT COMMENTARY by Maria Keltrier, management. attorney. Nicole represents employers in traditional labor and employment law matters. Nicole’s labor practice ranges from negotiating collective bargaining agreements to representing employers in hearings before arbitrators, the Oregon Employment Relations Board, and the National Labor Relations Board.

Nicole’s employment law practice includesFile Size: KB. THE PARTIAL-CLOSING CONUNDRUM: THE DUTY OF EMPLOYERS AND UNIONS TO BARGAIN IN GOOD FAITH TIMOTHY J. HEINSZ* Since collective bargaining has been the cornerstone of in-dustrial relations for millions of American workers.' The purpose of the National Labor Relations Act (NLRA)2 is to eliminate industrialCited by: 1.

cance in view of the widespread reluctance on the part of management to define all management rights in a collective bargaining agreement. As this study reveals, fewer than one out of four major agreements in effect in made any reference to subcontracting, and they handled the problems of preserving employment opportunities.

National Labor Relations Act's definition of mandatory topics of bargaining under "terms and other conditions of employment" to in clude bargaining over the decision to close may be one policy alternative for the plant closure dilemma.

There are positive and negative aspects to this by: 3. THE ARBITRATION OF DISPUTES OVER SUBCONTRACTING DONALD A. CRAWFORD* Definition and Scope of Term Contracting out, in the broadest sense, means arranging with another firm to make goods or perform services which could be performed by bargaining unit employees with the company's facili-ties.

But if a company transfers work from the bargaining unit toFile Size: 1MB. and subcontracting, two Supreme Court decisions are at the starting place: Fibreboard Paper Products Corp. NLRB, U.S. () and First National Maintenance v. NLRB, U.S. The critical portion of Fibreboard is the Court’s ultimate holding that the subcontracting there was a proper subject for Size: 56KB.

The National Labor Relations Board (the "NLRB") recently ruled that an employer's decision to subcontract work, even where the decision to subcontract is unrelated to labor costs, is a mandatory subject of bargaining, and that a failure to bargain before subcontracting is an unfair labor practice.

"The Law and Economics of Collective Bargaining: An Introduction and Application to the Problems of Subcontracting, Partial Closure, and Relocation" (with Michael Wachter), U. Rev. HeinOnline (PDF) "Comment, Posnerian Jurisprudence and Economic Analysis of Law: The View from the Bench," U.

Rev. The Law and Economics of Collective Bargaining: An Introduction and Application to the Problems of Subcontracting, Partial Closure, and Relocation Michael L. Wachter University of Pennsylvania Law School, [email protected] George M. Cohen University of Virginia - Main Campus, [email protected] by: labor law, involving representation of private and public sector labor unions, as well as employee benefi t law.

He is an author of chapters in the Oregon State Bar’s manual on private sector labor and employment law and is an assistant editor to the American Bar Association’s Devel-oping Labor Law, published by Size: 7MB. The National Labor Relations Board issued a decision that serves as a reminder to employers of their bargaining obligations upon implementing changes to their business.

Rigid Pak Corp., NLRB No. () involves a unionized company (“Rigid”) that manufactured and sold plastic products. Rigid maintained an injection-molding division and a blow-molding division housed. Registered Labor Organizations, CBA Workers Covered Increased in 1st Quarter of Read More. Ap / Good News.

BLR Assists DOLE Call Center Agents. Read More. Febru / Good News. TEC holds first meeting for Read More. Febru Reductions in Force and Plant Closings Baker & McKenzie Follow this and additional works at: Part of the Labor Relations Commons Thank you for downloading an article from [email protected]

Support this valuable resource today. Following the lead of the National Labor Relations Board (NLRB) in Town and Country16 and the Supreme Court in Fibreboard,17 most public sector boards and courts have held that subcontracting is a mandatory subject of bargaining With the 13Privatization, supra note 1 at 2.

Size: 1MB. The 7-to-2 decision was a setback for organized labor and overruled a long-standing policy of the National Labor Relations Board that a partial closure decision was one of. subcontracting, considered as a specific form of vertical integration known as almost-integration [Harrigan (), Porter () apud Villacreses ()].

Highlighting the quasi-company concept, which can be classified as a vertical integration strategy of the partial type, Eccles () comments that construction enterprises areFile Size: 88KB. In this Article, Professors Abrams and Nolan discuss the principles which should be used by labor arbitrators in resolving subcontracting grievances under collective bargaining agreements.

These disputes involve the fundamental and conflicting interests of labor and management in job security and productive efficiency. The authors conclude that the arbitrator's primary responsibility is to Author: Roger Ian Abrams, Dennis R.

Nolan. Collective bargaining agreements, particularly classified contracts, sometimes contain language that addresses the issue of subcontracting. Contract language waiving union bargaining rights must be very specific, however.

If a contract reads that an employer “has the right to subcontract,” that does not waive the union’s bargaining rights. Multiemployer Bargaining and Monopoly: Labor-Management Collusion and a Partial Solution A 'read' is counted each time someone views a publication summary (such as the title, abstract, and Author: Anthony Sanders.

Subcontracting. Innovative Labor Strategies • Sue Helper. Over the past 15 years, U.S. corporations have searched desperately for ways to turn back stiff foreign competition. One of their strategies has been subcontracting—letting work out to outside firms, so as to gain access to both better production techniques and cheaper, more docile.

Subcontracting and Union-Management Legal and Contractual Relations Russell A. Smith The practice of subcontracting certain types of work is often a source of serious disagreement between an employer and his employees.

The already-complex problems in this area are magnified by the exis. Bargaining: An Introduction and Application to the Problems of Subcontracting, Partial Closure, and Relocation’, University of Pennsylvania Law Review, Walters, Vivienne and Haines, Ted (), ‘Workers’ Use and Knowledge of the “Internal Responsibility System”: Limits to Participation in Occupational Health and Safety.

Wachter, Michael L., and George M. Cohen. “The Law and Economics of Collective Bargaining: An Introduction and Application to the Problems of Subcontracting, Partial Closure, and Relocation.” University of Pennsylvania Law Review (no.

5, May): – CrossRef Google ScholarCited by: 8. Partial Benefits—Part-Time Work Figuring Partial Benefits Interstate Benefits a. The job opening exists because of a labor dispute.

The wages, hours or other working conditions of the job are not as good as those that exist for the You would displace another worker under a collective bargaining agreement and cause that person to be File Size: KB.

Bargaining: An Introduction and Application to the Problems of Subcontracting, Partial Closure, and Relocation, U. REv. (); George M. Cohen & Michael L. Wachter, Re-placing Striking Workers: The Law and Economics Approach, in PROCEEDINGS OF NEW YORKCited by: 2. Introduction. The book by Freeman and Medoff () on the impacts of labour unions generated a significant amount of interest to examine the effects of unions on innovation.

Looking at the US firms, Connolly et al. (), Hirsch and Link (), Acs and Audretsch,Acs and Audretsch,and Audretsch and Graf von der Schulenburg () show that there is a negative influence of Cited by: 1.

Law, Economics, and Accommodations in the Internal Labor Market Seth D. Harris* Part I - Introduction (Bruno Stein ed., ); Kenneth G. Dau-Schmidt, A Bargaining Analysis of American Labor Law and the Search for Bargaining Equity and Industrial Peace, 91 MICH.

Subcontracting, Partial Closure, and Relocation, U. during the term of a labor contract and purchase products from an inde-pendent third party to satisfy its customer contracts Although the Board considers this type of practice to be subcontracting, rather than a true "runaway shop," the employer must fulfill its bargaining obligationAuthor: Jan W.

Sturner.Subcontracting Clauses under Section 8(c) of the NLRA anti-Teamster origins that this aspect of our labor legislation stands in very real need of clarification. The purpose of this article is to discuss and analyze it can include the transfer of work to other bargaining units of the same employer.

The employer has a right to allocate.Key Provisions of Collective Bargaining Agreements (Part 3) Novem / Negotiations, Subcontracting, Union Security Clause This is the final installment of the three part series of what I consider some of the most important parts of a collective bargaining agreement.