Labor Relations

Labor Relations

Part 6, Ch. 28, 29, & 30, and a little bit of chapter 12

Brought to you in part by Sara Skowronski

Assigned versus Delegated

(from ch. 12 on contracts)

Employer/EmployeeRelationships

Contracts arise only from a contract of employment.

Parties seldom mention contract period; terms of compensation determine the contract period.

Terms other than compensation are determined by custom, law, and union contracts.

Let's share our contracts!

• When you sign your employment contract and it states…other duties as assigned….
• What does that mean?
• What happens if your boss delegates something to you and you don’t do it, who is responsible?

Assignment

Delegation

• If you are assigned a task – you own that task.
• If you fail to do that task, you are responsible, if you delegate that assigned task you are still responsible for that task.

• Delegation.
• Transfer of duties without rights.
• You can still be liable, however you do not own the task, it is still owned by whom it was assigned to.

Duties and Liabilities of Employers

• Duty to exercise care
• Duty to provide reasonably safe place to work
• Duty to provide safe tools
• Duty to provide competent employees for the task
• Duty to instruct employees as to any possible dangers

Statutory Modificationof Common Law

Employees’ Duties to Employers

Workers’ Compensation

• Allows an employee or beneficiary to recover damages for injury or death.
• Does not consider employee negligence a factor.

Occupational Safety and Health Act

• Applies to every business conducting interstate commerce except governments.

Common-Law Defenses of Employers - Contributory Negligence Rule

Common-Law Defenses of Employers - The Fellow Servant Rule

Common-Law Defenses of Employers - Assumption of Risk Rule

If a person was injured in part due to his/her own negligence (his/her negligence "contributed" to the accident), the injured party would not be entitled to collect any damages (money) from another party who supposedly caused the accident.

Job performance

• Employees must perform their jobs faithfully and honestly to advance employer’s interests.

Business confidentiality

• Employees must not divulge any sensitive business matters.

Granting of right to use inventions

• Inventions belong to the employee who devised them, but the employer has the right to use the invention without charge.

A common-law rule governing job-related injuries that prevents employees from recovering damages from employers if an injury was caused by the Negligence of a coworker.

A defense, facts offered by a party against whom proceedings have been instituted to diminish a plaintiff's Cause of Action or defeat recovery to an action in Negligence, which entails proving that the plaintiff knew of a dangerous condition and voluntarily exposed himself or herself to it.

When Aren't Things Covered Under Worker's Comp?

Generally, injuries that happen because an employee is intoxicated or using illegal drugs are not covered by workers' compensation. Coverage may also be denied in situations involving:

• self-inflicted injuries (including those caused by a person who starts a fight)
• injuries suffered while a worker was committing a serious crime
• injuries suffered while an employee was not on the job, and
• injuries suffered when an employee's conduct violated company policy.

Rights of Employees

Act 10 in Wisconsin

Keep in Mind

This video is only

ONE viewpoint.....

Let's pull out the facts...

To organize

To bargain collectively

To strike or boycott

To join or not to join a union

That's all on Employment Law.....

How did Act 10 affect Labor Unions and Collective Bargaining in Wisconsin?

How Did Act 10 Impact Governmental Employees?

What's Due Next Week? Diagram a Lawsuit

Diagram a Lawsuit Assignment

Attached is a flow chart of how to diagram a lawsuit.

Your Assignment: First, find an article in which a lawsuit has been settled that involves a business decision.

Write a paper or create a power point presentation that takes the entire lawsuit through the various phases. Your lawsuit may not involve all of the phases, however, make sure you define the various phases the lawsuit you chose went through. Provide a full story from front to the very end taking us through the phases of the lawsuit.

As long as you do the research into the background of the lawsuit and cover it from start to finish, you have the creative freedom to show it however you feel is the best way.

Have fun with this, you can choose to create a Power Point or even a Prezi, or just stick to MS Word.

How did Act 10 Affect Government Employers (Agencies, Municipalities, School Districts)?

???

AND.....

Political Action Research Paper AND Political Action Letter

Worth 75 Points

1. Research an Issue facing a business (or group of businesses or an industry).

2. Write a one page double spaced paper on that issue.

3. Write a Political Action Letter to a politician asking them to support your cause.