Point of information RE: Wisconsin

Discussion in 'Politics' started by taichiliberal, Feb 22, 2011.

  1. taichiliberal

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    Aug 11, 2010
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    Wisconsin also led the nation in giving public employees the right of collective bargaining. The nation’s largest public employee union, the American Federation of State, County and Municipal Employees was founded in Madison in 1936; throughout the state, public employees organized, even though they had no legal protections. Nonetheless, public workers, like those in Milwaukee regularly showed solidarity in threatening to strike to win fair treatment. Finally in 1959, the State passed the nation’s first comprehensive public employee bargaining law, Section 111.70, which provided the right of collective bargaining to public employees, and also required municipalities, school districts the university system and other public entities to bargain with the unionized workers.

    Primer | Wisconsin Labor History Society

    The NLRA (National Labor Relations Act) establishes procedures for the selection of a labor organization to represent a unit of employees in collective bargaining. The act prohibits employers from interfering with this selection. The NLRA requires the employer to bargain with the appointed representative of its employees. It does not require either side to agree to a proposal or make concessions but does establish procedural guidelines on good faith bargaining. Proposals which would violate the NLRA or other laws may not be subject to collective bargaining. The NLRA also establishes regulations on what tactics (e.g. strikes, lock-outs, picketing) each side may employ to further their bargaining objectives.

    State laws further regulate collective bargaining and make collective agreements enforceable under state law. They may also provide guidelines for those employers and employees not covered by the NLRA, such as agricultural laborers.

    Arbitration is a method of dispute resolution used as an alternative to litigation. It is commonly designated in collective agreements between employers and employees as the way to resolve disputes. The parties select a neutral third party (an arbiter) to hold a formal or informal hearing on the disagreement. The arbiter then issues a decision binding on the parties. Both federal and state law governs the practice of arbitration. While the Federal Arbitration Act, by its own terms, is not applicable to employment contracts, federal courts are increasingly applying the law in labor disputes. Fourty-nine states have adopted the Uniform Arbitration Act (1956) as state law. Thus, the arbitration agreement and decision of the arbiter may be enforceable under state and federal law.

    Collective bargaining | LII / Legal Information Institute

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