published_or_final_version / Public Administration / Master / Master of Social Sciences

The purpose of this study is twofold. First, it will examine employer techniques used to thwart the rights of newly certified unions. Second, this study will attempt to determine the effectiveness of the Act's remedies. Some statistical characteristics of cases and firms involved in violations of the duty to bargain collectively will be evaluated. Statistics from the Board's annual reports as well as from a recent study by Philip Ross will be used. The increase of Board cases dealing with violations of refusal to bargain, the average number of violations per case, and the prevalence of other unfair labor practices will be examined. The size of firms committing the majority of violations of collective bargaining will be compared with the size of firms involved in the majority of Board certification elections. National Labor Relations Board, circuit court of appeals, and Supreme Court cases will be used to investigate the effectiveness of three of the most prevalent violations of the duty to bargain collectively used by employers to circumvent the purposes of the Act. They are (1) refusal to meet with the newly certified union, (2) engaging in unilateral activity, and (3) refusal to bargain in good faith. This study will also examine the effectiveness of the remedies of the Labor Management Relations Act in protecting the worker's right to bargain collectively with his employer through representatives of his own choosing. Four of the standard Board remedies will be examined---(1) posting of notices, (2) reinstatement of employees discriminated against, (3) payment of back pay, and (4) a Board order to bargain in good faith.

published_or_final_version / Politics and Public Administration / Master / Master of Public Administration

published_or_final_version / Sociology / Master / Master of Philosophy

There is no abstract available for this dissertation.

Thesis (Ph.D.)--Edith Cowan University, 2007. / Submitted to the Faculty of Business and Law. Includes bibliographical references.

Thesis (MTech (Public Management))--Cape Peninsula University of Technology, 2016. / This study assessed the role of the Public Service Commission (PSC) in the public service grievance investigations in South Africa, with the intention of finding a feasible approach for constructing and attending to fair and just grievance procedure. This study also sought to investigate the effectiveness of the methods used by the PSC employee grievances with the intention of recommending an appropriate approach in dealing with grievances. The PSC, as a Constitutional oversight body, may be charged with responsibilities to assess if the public service deals with grievances of employees, but fail to assess itself. It is studies like this that mirror how the PSC assesses employee grievances in the public service and whether it succeeds in advancing effectively and effective on that.

This study seeks to generate a model that will give rise to improved working relations between the management of the Eastern Cape Provincial Legislature and NEHAWU. In the community of the Eastern Cape Provincial Legislature there are perceptions that management and NEHAWU do not trust each other. Based on the above, the main aim of the study therefore is to investigate the truth or falsehood of the perceptions mentioned above and to generate a model. As Punch (1993:37) explains, the researcher provides the hypothesis which is the predicted answer to the research question or problem identified in the study. The formulated hypothesis in this study is that “the application of a model to improve working relations will result in improved working relations between management of the Eastern Cape Provincial Legislature and NEHAWU”. Findings revealed in the answers received from respondents prove the accuracy of the hypothesis. The methodological framework used in this investigation is the qualitative research. Winberg (1997:411) states that in using the qualitative research approach, the researcher looks at people within a specific context. An appropriate research design selected for this research project is the empirical study that utilises the primary data sourced through a survey. A v survey has been conducted targeting different respondents in the legislature community. Findings reveal that in order to improve working relations an enabling environment in the ECPL should be created. Effective and user friendly systems and standard operating procedures should be put in place. Findings also reveal that interaction between management and the union takes place mainly around bargaining issues. Managament and NEHAWU do not trust each other and as a result of that relations are poor. Again, findings reveal a strong support by management and NEHAWU for the development of a “model to improve relations between management of the Eastern Cape Provincial Legislature and NEHAWU”. After analysing and interpreting the findings, the study recommends a model that will help improve working relations between management and NEHAWU. The proposed integrated model deals with institutional strategy that is informed by national policies and legislations, structure (inclusive of MPLs, management and the labour union), systems and standard operating procedures and cultural re-invigoration. Central to this model is an effort to build a team with a common purpose. The model recognises the importance of inter-relation and inter-dependency of its various elements in order to build a successful organization and to cultivate good corporate governance.

Legislation, arbitral and judicial decisions, and public opinion provide evidence of increasing concern for protecting employees from unfair dismissal in both union and nonunion firms. Management's right to discharge is being questioned today more than at any other time in the history of labor-management relations. Thus, organizations must stay abreast of the developments that affect their right to discharge employees. This study investigates arbitration awards and judicial decisions in discharge cases to provide answers to these questions. Are companies aware of the types of misconduct for which discharge is considered appropriate? Are companies aware of what constitutes the burden of proof requirements in discharge cases? Does management know and follow the proper procedures in handling discharge cases? The purposes of the study are 1. To determine the extent to which discharges were overturned or modified because the company did not meet the burden of proving a reasonable cause for discharge; 2. To determine the extent to which discharges were overturned or modified because the company did not follow proper dismissal procedures; 3. To develop a model set of guidelines to assist companies in the proper handling of discharge cases. These guidelines present criteria for meeting the just cause and procedural requirements in discharge cases.

published_or_final_version / Public Administration / Master / Master of Public Administration