Question: Rewrite answers in own words:
1. Not all forms of strikes are protected by the NLRA. What types are protected? Unprotected? Does this make sense, or should all types of strikes be treated equally?
Strike basically refers to work stoppage or refusal to work being undertaken by union of the employees in order to show their protest against the employer or the company. Thus such a practice is being undertaken in order to ascertain certain types of concession or other benefits from the employer.
National labor relation act on the other hand refers to act provide protection pertaining to the rights of employers and the employees in order to have collective negotiation or bargaining between the two. Thus it is enacted in order to protect the general welfare of that are prone to danger from management practices.
In this case, the right of an employee pertaining to strike is very important element however it comes with certain limitation. Therefore the strikes which are covered under the national labor relation act are shown below:
-Economic strike that occurs due to dispute between management and employees pertaining to benefits and wages.
-Unfair labor strike which is undertaken by the employees pertaining to illegal act on the part of the employer.
-Jurisdictional strike that occurs due to unfair assignment of the task or work to another group of unorganized employees or union.
-Recognition strike which is undertaken in order to compel employer to recognize the unions.
However limitation pertaining to employee's right to strike involves different types of employees that are not entitled to strike under the national labor relation act. Thus NLRA does not take into consideration two set of employee's those working for airline or railway and government employees.
Thus 2(2) USC section 152 which states that act does not cover the employees of government organization, federal reserve bank and political or state subdivisions.
In this case, if all the strikes or all the employees are covered by the national labor relation act, then the importance of the act becomes ineffective. Since if all the strikes are validated then every action of the employees are not entitled to be objectionable by law. Hence it possess great problem for the employers to relaxation against the situation of the strikes undertaken by the employees.
3. List the pros and cons of interest arbitration. Why do you think the usage of interest arbitration in the private sector is so low?
Interest arbitration basically involves the arrangement whereby the dispute between the labor union and employer is not resolved through bargaining practices. Thus it requires to be presented in front of impartial arbitrator in order to reach final resolution for the underlying dispute. Hence it is negotiation practice to reach resolution by undertaking labor law or arbitration.
Therefore the advantages pertaining to use of interest arbitration is shown below:
COST
Cost involved in litigating the issue in court is much costlier than having resolution for such dispute through interest arbitration.
SPEED
Since arbitrator does not come through caseloads and face crowded work. Thus arbitrators somehow tend to follow defined timeless and more specific approach towards resolution of issue. Hence it helps ascertain the final decision quickly.
FAIRNESS
Fairness is the most important feature of interest arbitration since none of the party involved knows who will be heading their dispute as arbitrator.
CONFIDENTIAL
Confidentiality of the decision given for the resolution of the dispute is easy to maintain. Since the proceeding pertaining to such dispute does not take place in open court in case of arbitration. Hence such arrangement found to be valuable for the parties involved.
Therefore the disadvantages pertaining to use of interest arbitration is shown below:
LOCATION
The location where the hearing pertaining to disputes takes place in front of the arbitrator is inconvenient to the parties involved. since , it could be arranged in some other state. Hence it requires more time and cost.
LACK OF PROPER JURY
The decision pertaining to resolution of the dispute can be made more fair and just if there exist proper jury. However in case of arbitration there exist a single person that is arbitrator who plays the role of jury and judge individually.
FINALITY
Since finality might act as positive element pertaining to resolving a dispute. However it is difficult to have appeal against the decision of arbitrator even if mistakes have been encountered by the arbitrator.
In this case, interest arbitration is not widely used in private sectors since they find the requirement pertaining to proposed interest arbitration to be used unrealistic and improper. Thus interest arbitration is regarded as unconstitutional by the private sector that intrudes in their private affairs.
Also they are of the view that if interest arbitration is put in practice it will result in use of aggressive tactics on the part of employer to resolve the dispute. Thus such tactics involves lockouts and imposing settlement of the employee union if such situation arises. Hence it is ascertained due to above mentioned incompetence of interest arbitration it is not practices in private sector.