Saturday, February 05, 2011

The Need For An Anti Bullying Laws In The Workplace

Long term readers know of my role as a union member, who has been described as an activist by management. This differentiates me from the fake labor activist gadflies of
Harry's Place who run from DC Cocktail Parties waxing off in an incoherent alcoholic stupor about Gore Vidal novels and feign expertise on talk shows they do not listen to, books they do not read and protests that are up the block that they are too lazy to attend in person.

The United States does have a serious problem with its labor laws. The problems are not being addressed by mainstream unions who are more interested in power lunches with Obama Zombies than real issues facing Workers.

1)Weingarten Rights must be respected at all times. Currently, the law requires an employee who is under fire and being coerced to ask for them. Thus a manager threatens an employee with a ten day suspension if they do not sign a paper now. The paper is later used to terminate an employee.

Currently, the employee must invoke the right of union representation before their right to representation is granted. This right should be granted to any dues paying member automatically. Penalties for violating this law should be real and steep for managers who repeatedly violate these rights.

For those of you in Union Work Places. You do not have to testify or talk if that you or another person is subject to disciplinary action. You have the right to a consultation with a union representative.

I am not in favor of sloth, poor performance or incompetence. However, the reality is that work place bullying is very real and needs to be addressed. No supervisor has the right to publicly humiliate and harass workers in their job description.

2) Searches of desks should be carried out with two managers and a union representative present. Employee X is accused of theft Manager X searches the office and finds drugs. Such searches should be based on probable cause or random selection.
In theory a lone supervisor could say they saw anything with zero corroboration.

3) Bosses who are in violation of their employers training on the law need to be held personally accountable. Boss X harassed worker Y clearly in violation of his training. This Boss needs to be personally held accountable and his employer should have secondary liability.

4) The federal government needs to do a better job making sure that performance appraisals are objective and based upon fact. The standards must be attainable and critical errors must be clearly defined and not unreasonable.

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