LAWNEWS

How the U.S. Court System Works

admin — Mon, 24 May 2010 12:39:46 +0000

(By Toni M. Fine)

The U.S. Constitution establishes a system of federalism under which the federal government is granted limited authority, with all remaining authority left to the states. This model of shared powers defines the relationship between the federal and state courts. In this overview of the various levels of the U.S. courts, Toni M. Fine, associate director of the Global Law School Program at New York University Law School, explains how the court system functions.

It is something of a myth to speak about a single U.S. court system because the U.S. judicial system is in reality composed of multiple autonomous courts. There is the federal court system, an integrated system divided into numerous geographic units and various levels of hierarchy; in addition, each state has its own court system with a system of local courts that operate within the state. Under this dual federastate court structure, the U.S.

Supreme Court is the final arbiter of federal law, while the highest court of each state (usually called supreme courts) has the ultimate authority to interpret matters of the law of its state. When federal constitutional or statutory matters are involved, the federal courts have the power to decide whether the state law violates federal law.

The functioning of these systems is complicated by the fact that there are multiple sources of law, and courts of one system are often called upon to interpret and apply the laws of another jurisdiction. In addition, more than one court may have sovereignty to hear a particular case.

The federal judiciary and the individual state judicial systems are each constructed like a pyramid. Entry-level courts at both the state and federal levels are trial courts, in which witnesses are called, other evidence is presented and the fact-finder (a jury or sometimes a judge) is called upon to decide issues of fact based on the law.

At the top of each pyramid structure is the court of last resort (at the federal level, the U.S. Supreme Court; at the state level, the state supreme court) which has the authority to interpret the law of that jurisdiction. In most states and in the federal system there is also a mid-level court of appeals.

The vast majority of courts at both the state and federal level are “courts of general jurisdiction,” meaning that they have authority to decide cases of many different types. There are no special constitutional courts in the U.S. — any court has the power to declare a law or action of a government executive to be unconstitutional, subject to review by a higher-level court.

The Federal Courts

Traditional federal courts are known as Article III courts because they have the power of judicial review and certain protections under Article III of the U.S. Constitution. These courts are organized in a three-tiered hierarchical structure and along geographic divisions. At the lowest level are the U.S. District Courts, which are the trial courts. Appeals from the U.S. District Courts are taken to the U.S. Courts of Appeals, often referred to as U.S. Circuit Courts. From there, cases may be brought to the U.S. Supreme Court. Much of the Supreme Court’s review power is discretionary, and only a small percentage of cases brought to it are actually ruled on by the Court.

The U.S. District Courtsare entry-level courts of general jurisdiction, meaning they hear cases involving various criminal and civil matters. There are 94 U.S. federal judicial districts, with at least one district court in each state. In the largest and most heavily populated states, there are several districts, but districts do not cross state lines. The number of judges depends on the size and population — and hence workload — of each district court. Although each district court has numerous judges, a single judge presides over each case.

The U.S. Courts of Appeals, is the intermediate-level federal court. The courts of appeals are considered the workhorse of the federal court system because the brunt of cases are resolved there. Appeals are taken from U.S. district courts to the U.S. courts of appeals if a losing party feels that the judge in the district court made an error of law. Appeals may not be taken to correct perceived errors of fact, unless there is a clear error of law. Thus, for example, a losing party may argue that the judge erred by admitting a certain document into evidence; but the losing party may not argue that the judge or jury reached a bad conclusion based only on that document.

The U.S. Courts of Appeals is divided geographically into 12 circuits — 11 numbered circuits, each covering at least three states, and the U.S. Court of Appeals for the District of Columbia (D.C. Circuit), which also hears cases involving the federal government. Each circuit hears appeals from the district courts within its territory.

The number of judges in each circuit varies widely and is determined by the population and size of each circuit. A panel of three judges — chosen at random — sits on each case, and different combinations of judges sit on different cases.

The U.S. Courts of Appeals may decide cases on the basis of written briefs submitted by the litigants or may order oral argument. A decision is based on written opinion drafted by one of the judges and circulated to the other two panel members. The opinion of the court also must be signed by at least two panel members. Any of the judges on the panel may write a concurring opinion in which the judge agrees with the result reached in the majority opinion but for different or additional reasons. A judge that disagrees with the opinion of the court may instead write a dissenting opinion explaining why he or she has reached a different conclusion. Although dissenting and concurring opinions do not have the force of law, they may be highly influential in subsequent court decisions.

After the three-judge panel has rendered a decision, litigants have several options: they may seek reconsideration of the decision by the same three-judge panel; they may seek rehearing of the panel’s decision by all of the judges of that circuit sitting together; or they may seek review by the U.S. Supreme Court by filing a motion for a writ of certiorari, (when the lower courts have ruled on the case and disagreed on their opinions). Each of these measures of relief is discretionary, however, and is rarely granted.

The U.S. Supreme Court is at the apex of the federal court system and consists of nine justices who hear and decide cases. As in the U.S. Courts of Appeals, justices may join the majority opinion or may write or join a concurring or dissenting one.

The Supreme Court’s general jurisdiction is largely discretionary through the process of certiorari. Under the so-called rule of four, if four of the nine justices favor hearing a case then certiorari will be granted. The Court often accepts cases in which there is a split of authority among different U.S. circuit courts or in which important constitutional or other legal principles are implicated. The denial of certiorari does not imply agreement with the lower courts’ decisions, but simply indicates that the requisite number of justices for whatever reason did not want to hear the case.

Besides a writ of certiorari, the Supreme Court can review cases on appeal from federal courts or state supreme courts whose decisions are based on an issue of federal law (for example, when a federal appeals court invalidates a state statute; or when a state court strikes down a federal statute). The Court also may decide specific legal issues referred to it by lower federal courts.

The Supreme Court also has original jurisdiction over certain limited cases: controversies between two states; controversies between the United States and an individual state; actions by a state against a citizen of another state or an alien; and cases brought by or against a foreign ambassador or consul.

Special Courts

In general, the federal court system does not create special courts for specific matters. Two notable exceptions to this rule are the U.S. Court of Federal Claims, which handles monetary suits brought against the United States, and the U.S. Court of International Trade, which is authorized to hear and decide civil actions against the United States, federal agencies or their employees, arising out of any law pertaining to international trade.

There is also one specialized federal appeals court — the U.S. Court of Appeals for the Federal Circuit. This court has jurisdiction over appeals from all district courts in cases arising under patent laws as well as over appeals from the U.S. Court of Federal Claims and the Court of International Trade.

The federal system also embraces a number of courts known as legislative or Article I courts, referring to Article I of the U.S. Constitution. Article I courts act pursuant to Congress’ legislative powers and have the authority to decide factual questions relating to specific matters. Examples of Article I courts include the U.S. Court of Appeals for the Armed Forces, the U.S. Court of Veterans Appeals, the U.S. Tax Court and the U.S. Bankruptcy Courts. Appeals from these courts may be brought to the U.S. Courts of Appeals.

Administrative Courts

Federal agencies play an enormous role in developing and carrying out U.S. laws on a wide array of topics, from the regulation of natural resources to the health and safety of workers. Often, this means that an agency will sit as a fact-finding tribunal in applying federal regulations. When disagreements occur, the parties present their evidence to an administrative law judge (ALJ), who acts as the fact-finder. Either party may appeal the judge’s decision, usually to a board or commission established by the federal agency that issued the regulations. Because the ALJ has already served the fact-finding function that would normally be undertaken by a federal district court, appeals from rulings of major agencies (e.g., National Labor Relations Board or the Federal Trade Commission) are brought directly before the U.S. Courts of Appeals. Although such appeals may be brought in any circuit, as a practical matter the D.C. Circuit hears most appeals from federal agencies.

The State Courts

Each state, as well as the District of Columbia and the Commonwealth of Puerto Rico, has its own independent judicial system, that operates independently. The highest court in each state is the ultimate authority on what the law is with regard to state law from the state’s point of view.

The structure of state courts, like that of the federal courts, is in the form of a pyramid. Most states have a three-tiered judicial system composed of a trial-court level (sometimes called superior courts, district courts or circuit courts), an appellate court (often called the court of appeals) and a court of last resort (usually called the supreme court). Some states simply have one level of appeal.

As in the federal court system, trials are presided over by a single judge (often sitting with a jury); entry-level appellate cases are heard by a three-judge panel; and in state supreme courts, cases are heard by all members of the court, which usually number seven or nine justices.

Also like the federal system, state court cases begin at the trial-court level. These courts are often divided into two levels: courts of general jurisdiction and specialized courts.

Cases decided by a trial court are subject to appeal to and review by an appellate court. In some states, as noted above, there is only one level of appeal from the lowest state court. In states in which there are two courts of appeal, rules differ as to whether a case will automatically go to the appeals court or the state supreme court. In some states, appeals from the trial court are brought to the mid-level state appellate court, with subsequent discretionary review by the state supreme court. In other states, litigants bring appeals from the trial-level court directly to the supreme court, which decides whether to hear the case itself or to have the appeal resolved by the intermediate appeals court. Under either of these scenarios, the state supreme court generally reviews cases that involve significant matters of state law or policy.

Specialized state courts are trial-level courts of limited jurisdiction that only hear cases that deal with specific kinds of legal issues or disputes. Although these courts vary from state to state, many states have specialized courts for traffic matters, family law matters, probate for the administration of decedents’ estates, and small claims (for cases involving less than a specific sum of money). Rulings of these specialized courts are subject to appeal and review by state courts of general jurisdiction.

Local Courts

Each of the 50 states is divided into localities or municipalities called cities, counties, towns or villages. Local governments, like their state counterparts, have their own court systems, which are presided over by local magistrates, who are public civil officers possessing judicial power delegated under the local governing laws. This may include the power to rule on laws relating to zoning authority, the collection and expenditure of local taxes, or the establishment and operation of public schools.

Conclusion

One of the elements of the U.S. legal system that makes it at once so complex and so interesting is the fact that both the federal government and each state has its own judicial system. Each judicial system is marked by differences in function and operation. Moreover, the fact that there is overlapping jurisdiction and that any court may hear issues of federal and state law complicates the functioning of these systems further. At bottom, all court systems in the United States are similar in most fundamental respects. U.S. courts are, for the most part, courts of general jurisdiction. In addition, each system is in the hierarchical form of a pyramidal structure, allowing review and — if necessary — revision by upper-level courts.

(Article Source:http://www.lawyerintl.com)

Creating a Global Political Party

admin — Fri, 21 May 2010 06:26:29 +0000

(By Robert Bonomo)

Part I – Current Trends

As we become more globalized, is it time that the citizens of the world created a worldwide political party? Such parties exist in Europe, for example, under the umbrella of the EU. There are loose associations between the European wide Christian Democratic parties, Socialist parties and Green Parties. But there is no real sense of a truly international party, it is more like an association of like minded parties, but the membership is definitely national.

The democracies of the world have been able to reach very high levels of prosperity, especially since the end of the Second World War, but unfortunately the prosperity of the non-democratic countries has lagged tremendously. The most blatant examples are in Latin America and Eastern Europe. Countries like Argentina, Mexico, Ukraine or even Russia, when one takes into consideration the amount of natural and human resources; the only explanation for the gap in development with other nations is political.

Many have wondered at the tremendous economic success of the United States. Students from the United States are certainly no where near the top of the any ranking of curriculum.

The Washington Post reported “The scores from the 2006 Program for International Student Assessment showed that U.S. 15-year-olds trailed their peers from many industrialized countries. The average science score of U.S. students lagged behind those in 16 of 30 countries in the Organization for Economic Cooperation and Development, a Paris-based group that represents the world’s richest countries. The U.S. students were further behind in math, trailing counterparts in 23 countries.”

Clearly people in the United States are not better prepared than there counterparts, nor more talented. The secret to the incredible and enduring prosperity of the United States is very simple but often overlooked. The key to American prosperity is the tremendously strong, almost sacred democratic institutions that have guaranteed the supremacy of constitutional rights of those of any person or party. The United Kingdom demonstrated the superiority of these institutions in the nineteenth century as the United States had done in the 20th. And as these two nations spread their ideals through Western Europe and Japan and Korea, prosperity has followed.

It is no surprise, that when the United States denied some groups within its borders the full value of these democratic rights, the economic prosperity of these groups lagged substantially behind the majority. In the Great Britain, the example of Ireland stands out. Where and when legal rights where denied, Ireland remained economically backward. Curiously, now that Republic of Ireland is a full member of the EU, and a strongly democratic country, its per capita GDP is actually significantly higher than that of the United Kingdom.

But there has never been the need or the desire to carry these values into the international arena. What was sacred at home was not considered crucial when dealing with foreign countries. In the case of the United States, suffice to look at our relationship with Iran, Cuba, the Dominican Republic, Argentina, Chile, Vietnam, Guatemala or Nicaragua to see how little it valued sound democratic principles when dealing abroad. The example of Iran is particularly interesting, as the United States continually disregarded the democratic movements in Iran. Imagine Iran today if the United States had supported the same values in Iran that it does at home?

The Israeli example is perhaps the most blatant. Palestinians are not considered worthy of the same rights as Jews or Americans, all in an effort to safeguard Israeli prosperity. It seems the lesson is never learned, the key to security is prosperity, and the key to prosperity is sound democratic institutions.

More than any other media, the internet has given citizens of the world the possibility to freely communicate with each others and share information, data and media. One of the major benefits of the emergence of the English language as the ‘de facto’ international language is that joined with the internet, we have now practically overcome almost all the political and economic barriers to people communicating with each other. Basic english skills and access to a PC and the internet, and you can communicate with the world. Isn’t it time that we began to use the internet to give the whole world, what until now, only the privileged few enjoyed.

The economics behind creating a world political party are miniscule. With a few thousand US Dollars, a robust website with an email and chat platform could be created. Leave the marketing to the buzz. If the message is the right, viral marketing will take the parties platform to all ends of the earth, and create a vital force to change the word, for practically nothing.

What do most of the people want in the world? The Financial Times will tell you they want mobile phones or BMW’s. But the truth is, most people want a safe, clean, comfortable place to live with running water, food, clothes, safe and accessible education for their children and healthcare. Imagine a world political party that said the number one priority for all the world is that everyone has these things. Before one more fighter plane is built, before one more Mercedes rolls off the assembly line, every human deserves a clean bed, food, clothes, medical care, and education for their children. Maybe in the past it was difficult to imagine the world as one family; the obstacles between countries and peoples were tremendous. But now we are truly one.

Can you imagine a family, living in a beautiful house, where some members sleep in the bushes, some on the floor in the kitchen while others sleep comfortably in the master bedroom under clean cotton sheets? We are finally realizing that we really all are part of the same family. And with the same intensity that we use to organize and support world athletic tournaments, it is time we began organizing a world political party.

Part II – Structure

Considering the ease at which a world political party could be created with the Internet and the widespread knowledge of English, an important question must be asked and resolved before even ideology is discussed and that is how the party should be structured and how it will intervene in national politics.

One absolutely critical point is that in the party constitution, which will cover the structure and actions of the party, as well as the ideology, it must be made absolutely clear that the party will always act within the laws of the country it is acting in. This could and will be a major point of contention, but it is not negotiable. The viability of the party is based on the fact that it will never support violence in the pursuit of political power and will always act within the legal boundaries of the country where it is operating.

The party will be virtual on the international level, but on the national level it will have a structure similar to other political parties in the nation in which it acts. The website will be the hub of international activity. Members will sign up, have a message board, forum, virtual conventions twice a year, as well as volunteer and paid positions. The key to the structure of the website and the party in general is transparency. All monies coming in as well as going out will be made public on the website. Monthly statements will be made public. Initially, there will be a 6 person representation from each country elected to a international physical conventions of the party, which will take place twice a year. Considering that there are more or less 200 countries in the world and that each would have 6 representatives, there would be roughly a 1200 person World Congress. This World Congress will elect a 12 person Executive Committee, with no more than one person eligible per country. The entire world membership will elect the Chairperson of the Executive Committee which will be one of the members of the Executive Committee.

Once this has been completed at the World Congress, work will begin on drafting a constitution that will be ratified at the following physical World Congress. This is potentially the most challenging moment for the party. The Constitution will not only serve as overriding rule of law for the party, it will also become the keystone for the world constitution that will govern the New World Government. The six month debate the will ensue must be of the highest order, and as widespread among members as possible.

Once this constitution is drawn up and ratified, work can begin on bringing the local parties to power. While the ideological basis for the party will be discussed in the next article, it is important nonetheless to discuss the overriding goal of the party, and that is to create a one world government, bound by its own law to protect all member states and citizens. The most likely framework is a governance body that begins with a limited number of members, and grows slowly outward. This must be considered when drafting the initial constitution. All language, attitudes and spirit must be inclusive of those nations not operating under the charter.

The parties operating in each nation must work on all levels, national, regional and local, to gain political power. Once that political power is acquired, it must be used for two purposes: first two pursue policies that promote the values and ideals of the World Constitution, and second to bring the host nation under the charter of the New World Government. This pursuit must always follow the laws of the host nation and never, under any circumstances, promote or support any violent act.

While this may seem far fetched to discuss before even a website is started, we must not underestimate the speed at which these types of endeavors can progress with modern dissemination methods. This will be the first truly worldwide movement. No matter who gains leadership or protagonism within the party, the key to the success of the party is that it never becomes associated with one particular country, area, organization or culture. All people in leadership levels must act in the interest of the whole. Language, actions, or policies that are exclusive must be avoided.

First and foremost we are human beings. Within the context of the party, we will want to avoid any behavior or policies that are exclusive of anyone due to their gender, race, ethnicity, sexual identity, the language the speak or don’t speak, financial position or any other reason. One of the fundamental reasons for the founding of the party is to stop those types of behaviors at least in as much as they hinder many humans from acquiring the very basic necessities of life.

A possible name for the party is the World People’s Party, or WPP. And the congress’s could be called the World People’s Congress and the new government could be called the New World Body. These are simply suggestions; all would have to be voted on at the first World Congress. But in order to act sometimes it is important to have name.

Finally, the call action. For this to get off the ground, one donor must be found to fund the building of the website (programming, design, creative pieces, email service, and initial ad campaign). Depending on the donor, this could range from $10,000 at a minimum, to $10,000,000 at a maximum. The difference in quantities will be reflected in the speed of the campaign and the assurance of success. A $10,000 start could fail before it ever got off the ground, with $10,000,000 success is assured. Anywhere in the middle ands speed and success of the campaign is more or less certain. Before anything can be started, an international organization would have to be founded, to administer monies, payments, charters etc.

So we have the goal, it is time to get started, and have one person initialize funding, create the organization, and get the website and message out there. The rest the people will handle.

Part III – Ideology and Platforms

Three major challenges confront the world today, poverty, corruption, and sustainable growth. The first two particularly pertain to the underdeveloped and developing world. Poverty and corruption today is primarily a circumstance of undemocratic and corrupt government. With current technological advances, a government that works for the people, in their best interest, will quickly be able to raise standards of living. Poverty and corruption work hand-in-hand. Prosperity means strong democratic institutions, institutions that will put the government at the service of the people, not at the service of self-serving politicians and oligarchs who only pursue personal wealth and power through government service.

Sustainable growth is something that is equally difficult for all, developing countries as well as developed countries. Coordinating our consumption of raw materials as well as manufactured goods is vital to sustainable prosperity. Only a universal plan, free of greed and corruption, will be able to administer the world’s resources in a responsible and sustainable way.

Many believe the environment will not be able to sustain a growing world population and economy. Clearly the earth’s resources are strained, but there is also another threat looming that could be a more imminent danger. The possibility that the world is reaching peak oil has been openly debated. It is not clear how close that point is, but when it is reached, the price increases that will occur on the downside of the graph as our oil reserves go from their high points towards depletion will be tremendous. Though we do not know when this will occur, there is a possibility that it could occur within the next 10 years, and it is very likely to occur with the next 50 years.

While the deterioration of the environment is obviously a tremendous danger to the continued progress of humanity, the problem of peak oil could actually be more dangerous in the short term. So much of our current prosperity is based on oil and the economic growth that oil offers, that once it becomes prohibitively expensive, the world may have difficulty supplying basic needs to a population that grew so rapidly from abundant cheap energy.

The entire current world infrastructure, as well as the financial system is based on cheap oil. Once we begin the downward slope from peak, not only could we face real problems to feed and house the world population, there is also the danger of war over the ever declining supplies of oil.

The people of the world must unite under a group of institutions that will be given power by the nations of the world to administer the resources of the world, insure the basic human rights of the world’s citizens, and be the arbiter of international relations.

Human rights are clearly the right to expression, basic private property, the right to work, the right to a clean safe home, the right to eat, the right to health care, and right that all children be given a complete education. Today this is possible. It may not have been possible even 25 years ago, but with advances in technology we can give every human these basic elements of life. It will not happen overnight, but with a concerted global effort, it is conceivable to achieve within ten years. How would this be paid for? Where would the resources come from?

All persons have the right to basic private property, which means a home, transportation, private belongings, investments, money, etc. But the ownerships of the world’s natural resources must be property of all citizens of the world. This may be extremely difficult to implement in the short term, but the consequences of not doing this could be fatal for human culture. Initially, all nation states should take control of basic natural resources, water, wood, oceans, oil, minerals etc. The shareholders of the entities that now own these resources would be compensated. Once these resources were under control of nation states, a 10% tax would be placed on the international commerce of these natural resources to pay for the infrastructure needed in developing countries, this tax plus their own revenue generated from the sale of these resources would pay for the building of homes, hospitals, infrastructure, schools, universities etc.

The second source of revenue for the international governing body would be a membership tax on all nations that enter the international organization. This tax would be a 50% tax on military spending. This would generate revenue and drastically reduce the amount of world military spending. These would be the only sources of revenue for the world governing body. Any military operations would be carried out by the militaries of member nations. As the party begins to win control of nations, these nations would enter the world governing body by parliamentary vote or referendum, much the same as has occurred with the EU.

Another source of revenue to fund the development of infrastructure across the world would be the creation of a new world currency. This new currency will be backed by the world’s natural resources. All national debts would be dissolved and reimbursed by the new currency. The freed tax revenue would be dedicated achieving the basic rights of men; food, housing, work, health care and education in the developing world, as well as creating a new, clean energy source and infrastructure in the developed world that can be quickly transferred to developing nations. New communities and energy sources will be created under a clean, sustainable, peaceful model.

The world governing body and world constitution will detail the legislative procedures to enact and realize the core values of the world constitution. War, corruption, oppression, and the unsustainable dissipation of the world’s natural resources will not be tolerated in member nations. In exchange for the immense resources that the world governing body will allocate, completely transparent democratic institutions must rule all member nations, above all person or party.

The world governing body will leave the vast majority of culture governance to national and regional governments. World holidays will be created, as well as educational databases, exhibitions and international budgets for the promotion of the great world traditions. There will be a complete and total separation of the world governing body from any religious affiliation whatsoever.

To summarize the ideological foundation of the world governing body, life, freedom, peace, democracy and sustainability. Once these have been reasonably assured for all humans, a new age of peace, harmony and sanity will prevail.

Robert Bonomo is a journalist, blogger and internet marketer. He has recently published a novel, Cactus Land, available on Amazon. PURCHASE CACTUS LAND ON AMAZON.

He also has a blog, Cactus Land, and works as an internet marketing consultant. See Professional Services Link on his blog for details. Read Robert’s blog CACTUS LAND BLOG.

(Article Source: http://EzineArticles.com/?expert=Robert_Bonomo

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Collective Bargaining

admin — Wed, 19 May 2010 09:41:08 +0000

(By Steven Phillip Brown)

Many things have changed over the last 20 to 30 years in American culture. Some of the changes include the advancement of technology and the industry shift from production to service. As history has shown, unequal pay and treatment of employees has transformed employment an unbiased opportunity for the American dream to a dog-eat-dog world.

Many companies believe their employees should be happy with a paycheck at the end of the week, while employees want more than just a paycheck. Thus many new laws and the formation of a Union came forth.

During the 1930s, labor union membership in the United States increased rapidly, aided by the Wagner Act of 1935, which had protected the right of workers to organize and strike. Conservatives cited a coal miners’ strike during World War II and a wave of strikes across many industries after the war as evidence that labor unions had become too powerful and unrestrained.

In 1946 Republicans won control of both the House and Senate for the first time since 1930. Senator Robert A. Taft, Sr. (Republican-Ohio), chair of the Senate Labor and Public Welfare Committee, and Representative Fred Hartley, Jr. (Republican-New Jersey), chair of the House Education and Labor Committee, sponsored the Labor-Management Relations Act of 1947 to regulate union activities. Their legislation became known as the Taft-Hartley Act. (Hartman)

Passed over President Harry Trum’s veto, the Taft-Hartley Act allowed states to enact “right to work” laws to outlaw closed shops, companies where only union members could be employed. Taft-Hartley also prohibited jurisdictional strikes, in which different unions struck a company to determine which one would represent its workers, and barred communists from serving as union officers. Taft-Hartley gave Presidents the right to seek a federal court injunction to call off strikes for an 80-day “cooling off” period. This would allow work to continue while management and labor negotiated a contract. Although highly controversial, and strongly opposed by labor unions, the Republican-sponsored Taft-Hartley Act has remained largely unchanged by later Democratic majorities in Congress. (Byars & Rue, 2004, p. 381).

Taft-Hartley Act

Federal law (in full, Labor Management Relations Act) enacted in 1947, which restored to management in unionized industries some of the bargaining power it had lost in pro-union legislation prior to World War II. Taft-Hartley prohibited a union from:

o refusing to bargain in good faith

o coercing employees to join a union

o imposing excessive or discriminatory dues and initiation fees

o forcing employers to hire union workers to perform unneeded or non-existent tasks (a practice known as featherbedding)

o striking to influence a bargaining unit’s choice between two contesting unions (called a jurisdictional strike)

o engaging in secondary boycotts against businesses selling or handling nonunion goods

o engaging in sympathy strikes in support of other unions
Taft-Hartley also

o imposed disclosure requirements to regulate union business dealings and uncover fraud and racketeering

o prohibited unions from directly making contributions to candidates running for federal offices

o authorized the President of the United States to postpone strikes in industries deemed essential to national economic health or national security by declaring an 80-day “cooling-off period”

o permitted states to enact right-to-work laws, which outlaw compulsory unionization.

The National Labor Relations Board is an independent federal agency created by Congress in 1935 to administer the National Labor Relations Act, the primary law governing relations between unions and employers in the private sector. The statute guarantees the right of employees to organize and to bargain collectively with their employers, and to engage in other protected concerted activity with or without a union, or to refrain from all such activity. (Byars & Rue, 2004 p. 365).

National Labor Relations Board (NLRB), independent agency of the U.S. government created under the National Labor Relations Act of 1935 (Wagner Act), and amended by the acts of 1947 (Taft-Hartley Labor Act) and 1959 (Landrum-Griffin Act), which affirmed labor’s right to organize and bargain collectively through representatives of their own choice or to refrain from such activities. The board consist of five members (appointed by the U.S. President with the approval of the Senate for five-year terms) is assisted by 33 regional directors.

This board determines proper bargaining units, conducts elections for union representation, and investigates charges of unfair labor practices by employers. Unfair practices include interference, coercion, or restraint in labor’s self-organizational rights; interference with the formation of labor unions; encouraging or discouraging membership in a union; and refusal to bargain collectively with a duly chosen employee representative. The NLRB does not have the power to consider cases involving real estate brokers, agricultural employees, domestic workers, family workers, government employees, and church-run schools. (www.hlrb.com)

State laws that make it illegal for labor unions and employers to enter into contracts that provide for a business to employ only union members in the jobs covered by the contract. One typical version of a right-to-work law reads, “No person may be denied employment, and employers may not be denied the right to employ any person, because of that person’s membership or non-membership in any labor organization.” (Hedding) Labor union leaders typically seek the repeal of right-to-work laws because much lower percentages of workers choose to join unions and pay dues in states where such laws are in effect.

Defenders of right-to-work laws tend to argue that workers who refuse to join unions mainly do so because they just do not value the collective bargaining services that unions perform and/or because they disagree with the political causes that unions support with their dues money. Opponents of right-to-work laws tend to see refusal to join a union mainly as attempting to be a free rider that enjoys the very real benefits of union representation without having to pay his fair share of the cost. About 20 US states have some version of such a law presently in effect.

I current live in Arizona, which is a Right to Work state. Often there is confusion as to what that means. Many people believe it means that you can be fired from your job without explanation, and they are, therefore, reluctant to live and work in a Right to Work state. That is not the basis of the Right to Work concept. A Right to Work law guarantees that no person can be compelled, as a condition of employment, to join or not to join, or to pay dues to a labor union. In other words, if you work in a Right to Work state, like Arizona, and the employees form a union, you may not be fired if you decide not to join. Likewise, if you are a member of a union in a Right to Work state, and you decide to resign from the union, you may not be fired for that reason. (Hedding)

Here is how Arizona’s Constitution, article XXV, reads:

“Right to work or employment without membership in labor organization
No person shall be denied the opportunity to obtain or retain employment because of non-membership in a labor organization, nor shall the State or any subdivision thereof, or any corporation, individual or association of any kind enter into any agreement, written or oral, which excludes any person from employment or continuation of employment because of non-membership in a labor organization. (Addition approved election Nov. 5, 1946, eff. Nov. 25, 1946; amended November 30, 1982.)”

Facts About Right to Work

1. If you work primarily in a Right to Work state you have the right to decline joining a union and you cannot be required to pay dues or an agency fee to the union unless you choose to join the union. This includes State or Local Government employees, Public School Teachers and College Professors.

2. If your employment takes place on Federal property, there may be an exception to number (1) above. Check with your specific state.

3. All employees of the Federal Government, including Postal Service employees, by law are guaranteed the right to decline union membership. You cannot be required to pay dues or fees to a union, no matter where you work.

4. Railway and airline employees are not protected by state Right to Work laws.

Proponents of Right to Work laws point to what they say is empirical evidence that Right to Work states (mostly southern and western states) enjoy faster economic and employment growth than non-Right to Work states. (Hedding)

Opponents of Right to Work laws argue that mandatory union membership is necessary to offset the power of big business in a market economy, which is responsible for the decline in real earnings for workers and greater income inequities. They also argue that Right to Work laws give some employees a free ride, by enjoying the benefits of unionization where they work without paying the costs associated with maintaining their employment rights and benefits.

Since the 1940s, twenty-two states (and Guam) have enacted Right to Work laws. They are: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Iowa, Kansas, Louisiana, Mississippi, Nebraska, Nevada, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and Wyoming.

Whether or not you agree with Right to Work laws, and whether or not you want to live in a Right to Work state, it is important to recognize that the Right to Work laws are not to be confused with the concept of Employment At Will. According to J. Steven Niznik in his article entitled, Employment at Will, “The Employment at Will doctrine means that employment is voluntary for both employees and employers. As an at-will employee, you may quit your job whenever and for whatever reason you want, usually without consequence. In turn, at-will employers may terminate you whenever and for whatever reason they want, usually without consequence.”

Collective bargaining consists of negotiations between an employer and a group of employees so as to determine the conditions of employment. The result of collective bargaining procedures is a collective agreement. Employees are often represented in bargaining by a union or other labor organization. Collective bargaining is governed by federal and state statutory laws, administrative agency regulations, and judicial decisions. In areas where federal and state law overlap, state laws are preempted.

The NLRA 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. (Cornell)

The role that Human Resource plays in collective bargaining initiatives is defined by the NLRA. The Human Resource representative must bargain with the appointed representative of its employees. The Human Resource representative acts as the voice of the company with the authority to bargain or negotiate with their employees through an appointed representative to keep the company going by avoiding a strike.

Most industries are successful due to collective bargaining while others are not. Identifying those particular industries are easy to identify due to their success in the labor market.

One industry known for heavy collective bargaining is the Auto Industry. The auto industry historically has played a prominent role in American collective bargaining, introducing many now common features — multi-year contracts with cost-of-living adjustment escalators and built-in annual real wage increases, supplementary unemployment benefits, “30 and out” pensions, quality of working life programs, and pattern bargaining. From the early 1980s on, automotive labor relations was again in the forefront in taking actions to modify this long-established model, under pressure from both foreign and domestic competitors and from new production methods often linked to team working and related innovative human resource practices.

Another industry is the Food and Service. Plagued by problems of low wages, high cost of health care and bad working conditions, the United Food and Commercial Workers are using collective bargaining to change these conditions. Better wages, lower cost health care with the employer paying more of the amount and other bargaining might be a renewed interest in Unionization amongst other industries.

A third industry is the United Steelworkers industry. The industry has been short changed with unfair trade, retirement and benefits, healthcare, and job security. The Steelworkers industry has a great collective bargaining setup to negotiate and bargaining with their employers and the Federal Government. Recently the USW signed an agreement that would provide higher pay increases over the next three years, plus more money put aside for retirement and lower health cost for the employees and family. The USW is highly involved with collective bargaining for their employees.

I currently work in a Call Center providing financial information. Unionization in a Call Center would be hard to accomplish. Each call center has a different goal in mind based on the company’s industry. Keeping competitive amongst other call centers in the same industry has proven to keep a Union out while providing the employee with what they desire.

In conclusion, collective bargaining is a successful way for workers to reach their goals concerning accept able wages, hours, and working conditions. It al lows workers to bargain as a team to satisfy their needs. Collective bargaining also allows management to negotiate efficiently with workers by bargaining with them as a group instead of with each one individually. Though traditional bargaining can be negative and adversarial, it does produce collective bargaining agreements between labor and management. Partnership bargaining can lead to increased understanding and trust between labor and management. It is a positive, cooperative approach to collective bargaining that also culminates in contracts between labor and management.

Reference:

A Glossary of Political Ecomony Terms: Right to Work Laws. Retrieved on May 21, 2007 from the Internet. http://www.auburn.edu/~johnspm/gloss/right-to-work

Byars, Lloyd L. & Rue, Leslie W. (2004). Human Resource Management (7th ed.). New York: McGraw-Hill.
Cascio, Wayne. (2002). Managing Human Resources (6th ed.). New York: McGraw-Hill.
Collective Bargaining and Labor Arbitration Overview. Retrieved on May 20, 2007 from the Internet. http://www.law.cornell.edu/wex/index.php/Collective_bargaining
Judy Hedding, Right to Work: Arizona is a Right to Work State. Retrieved on May 21, 2007 from the Internet. http://phoenix.about.com/cs/empl/a/righttowork.htm

National Labor Relations Board. Information retrieved on May 21, 2007 from the Internet. http://www.infoplease.com/ce6/bus/A0834954.html
Robert J. Donovan, Conflict and Crisis: The Presidency of Harry S. Truman, 1945-1948 (New York: Norton, 1977).
Susan M. Hartmann, Truman and the 80th Congress (Columbia: University of Missouri Press, 1971)

Steven Brown, MBA is a loving husband and father of two boys. He enjoys his time with his family by providing a strong family foundation of Christian Faith. After completing his Bachelors degree, Steven wanted to further his ability to teach and share to others his mindset that they can do anything if they would believe in themselves.

(Article Source: http://EzineArticles.com/?expert=Steven_Phillip_Brown)

Illegal Towing Practices

admin — Tue, 18 May 2010 12:31:32 +0000

(By David Rupp)

The following are some of the more common laws that some towing companies violate. We all know that sometimes it seems there are just to many laws, but also we are glad that most of these laws exist because they are protecting us from harm. Our intent here is to educate the general public about illegal practices by some towing companies that can be harmful to the public in general. This information is not to be taken as legal advise as laws change and vary by area. Our area of expertise is southern California. The level of harm to the public can range from wrongfully towed vehicles to uninsured tow drivers and even to crimes against customers physically. At the end of this article will be some tips that can be followed to reduce the risk of exposure to these illegal tow practices.

The most common complaint heard from the public in my experience is “my car was towed without proper cause”, followed by “something was stolen from my car while it was being towed”. Other issues that come up are disputes over damage to a towed vehicle, disputes about price fairness or changes in price after the vehicle was towed. Sometimes people will be approached by a tow driver and they think he is the driver that they called, when in fact he’s not. Storage rates are another area of common dispute. Tow drivers are sometimes not properly licensed to drive the type of tow truck that they are driving. Lets explore these individual issues one at a time and see just what is going on out in the streets.

Starting with the popular issue of vehicles being towed wrongfully we have to say there is some grey area. The laws in California allow for the impounding and removal of illegally parked vehicles on both private and public property. Most of the disputes will arise out of private property impounds such as apartment complex’s, shopping centers, business centers and similar. When parking is difficult to find people get impatient and creative. By law signs are required to notify you of the possibility of impound and towing, but they aren’t required over every space. The California laws are currently not interpreted the same by all. The area of dispute arises on parking lots for the general public.

Some areas are towing vehicles with out waiting the required 1 hour period in a public lot, while others you can get away with parking illegally for 1 hour. Not all areas have the same interpretation of what a public lot is. Many impounds in private lots such as a gated apartment complex come from people thinking they can just run in for a second while parked illegally. Beware, your car can be hooked up and leaving faster than most people can drink a soda. Towing and impound fees are steep, usually starting at around $250. if you follow your car and retrieve it right away. Most apartment complexes require people to list their car plate number on their lease and even a friend you allow to use your spot can be towed. Some companies are overly aggressive and do not follow the laws for impound towing and it can be next to impossible to prove that they violated the law.

The next issue we will discuss is theft of personal property while in the towed vehicle. Any time a vehicle that is unattended by the owner, and several other people have access to it, there stands to be possibility of property theft. The more valuable the items are and the smaller they are the more likely to be stolen. Items that would be common items to disappear might be cameras, cell phones, ipod’s, lap top’s, money, CD’s, and stereo equipment. Not all tow companies have required background and drug testing to reduce the likelihood of theft. Not all tow companies are reputable companies.

Towed vehicle damage is another area consumers can be hurt. Damages to a vehicle can occur when equipment is not properly maintained. Companies that have little regard for the laws that regulate towing equipment will buy chains, cables, and hooks that are not rated as required by law because they are cheaper. Those same type of companies are apt to hire less experienced or poorly qualified drivers and may not have any training programs in place to educate drivers on safe practices.

While there is not much for options when you don’t think the price is fair, know this, it is fraud to tell someone a cost for a service and then change the cost after the consumer is obligated, without proper grounds. Any quality company is going to want your repeat business and will rely on a good reputation and will not practice this type of deceit. Note that there are legitimate reasons for changing the price such as the client failed to inform the tow company of an important fact like the car has no tires. That being said here is the some what unique situation in the towing industry. If the client doesn’t pay for the tow, the tow company can impound the car, and to get it back you would have to pay the original tow plus towing to their impound yard and storage fees. A non reputable tow company might practice quoting low pricing then try to add extras or even flat out dispute what was quoted, then threaten impounding if the client doesn’t comply.

California laws prohibit tow companies from stopping at a stranded motorist situation for the purpose of soliciting business. It is a common practice though for some companies to stop and try to solicit, and even when the motorist advises that they have a truck on the way some will try to offer a better price to get the job. Some drivers have even just not told the motorist that they are not the company that the motorist called. California law provides for penalties against tow drivers who engage in this activity. This activity puts consumers at risk because they have no way to quickly ascertain weather this is a properly licensed, and insured company or not. It is also risky from the stand point of how many tow trucks would be stopping and then pulling back out into traffic if this practice was legal. There is also a level of safety provided to the public by not allowing just any guy in a tow truck to stop and try to sell you on his service. Imagine how intimidated your wife or daughter might be if some big dirty guy stopped and really wanted to get that tow.

Storage rates and payment options as well as hours of operation of storage facilities are mostly governed by law. Of course the laws are for consumer protection but still do allow for free enterprise and the making of a profit. Most people who have their vehicles impounded would say that the rates charged are excessive, and consumers frequently feel ripped off. There is a logic to that, and it generally goes something like this ” If I called 3 or 4 companies and asked how much it would cost to tow my car 4 miles and store it 1 day, I could get a lot better price”, however that will not help get money refunded. The only way to get money refunded is if you can prove that the towing company violated the towing laws. Companies that make a practice of abusing consumers in this way are usually good at knowing what is impossible or impractical for a consumer to prove.

Now lets look at the driver of the tow truck that will come to rescue you. In California the DMV requires a special drivers license for certain types of commercial drivers. Tow companies need some drivers with DMV commercial licenses and some drivers may not need special licenses. Furthermore some police agencies or motor clubs may have special requirements that private party towing doesn’t. This creates a tempting situation to an unethical company when they are short on commercial licensed drivers or drivers with the special qualifications to do the job properly and legally, and may have a driver available who can drive the truck but is not properly licensed to do so. An unethical company will send the unqualified driver out just to get the job.

As of the writing of this article tow truck drivers in California do not need any special license or training as long as they do not tow more than one trailer and no more than 26,000 pounds total weight of all vehicles, that includes passengers and any thing else that may be in the vehicles. This means that almost every passenger car and family vehicle falls into this category. There is no legal requirement to background check or drug test tow drivers. This means companies are free to hire convicted felons, or who ever they want. Now for the good news, some police agencies and motor clubs do ask for drivers to meet some type of requirements for their tows, but enforcement is weak. Any quality tow company will drug test and background check their drivers as well as insure that the driver is well trained and properly licensed for the truck and tow job they are performing. A quality tow company will also have moral values and want their clients to be safe, thus they would not hire a person convicted of a major crime.

Now that you can see the many ways an unethical tow company can put you, your family, and the general public at risk of harm lets look at some things you can do to reduce the risk of harm.

1. Ask the phone receptionist a few questions. Do you background check all your employees and refuse to hire those convicted of major crimes? Do you do regular random drug testing on all employees? Do you require all drivers to be certified by some industry recognized training program such as CHP training or Wreckmaster before driving for you? Do you quote an accurate total price prior to doing the tow? Is your company a member of any trade associations? Does the receptionist answer your questions politely or seem aggravated by your questions. Obviously the aggravated one is the one to avoid.

2. Have you seen what this company’s trucks or employees look like? The unethical and undesirable companies will usually neglect appearance of vehicles, equipment, and employees. Another thing to make note of if you have seen the employees in action is their language, attitudes, and professionalism. These are all hints as to what type of company you are dealing with so be observant.

3. Ask the driver upon arrival and before they hook up your car what the charges will be so there is no misunderstanding of the charges. Remember once they hook up your car and there is a dispute they can impound the car if you don’t pay what they ask. Do not leave any valuables in the vehicle once you leave it.

4. When parking, always obey parking rules even on private property. When parked always hide and secure if possible any valuable personal property. Don’t take chances and park illegally even for just a minute.

5. Never accept a tow from a driver that stops to solicit, it is an illegal practice and no quality company will be out there breaking the law on purpose. Note that it is legal for a driver to stop if he is waived down, so if you are in an unsafe or dangerous place you will need to signal a driver to allow him to legally stop.

Written by David Lee Rupp, President of southern California based, 1800 Tow-Help Inc., serving Riverside and San Bernardino Counties.

http://1800towhelp.com/Towing-Company-Tow-Truck-Services-News-and-Articles.html

(Article Source: http://EzineArticles.com/?expert=David_Rupp)

Discrimination in the Workplace

admin — Tue, 18 May 2010 11:34:22 +0000

(By Robert Coffen)

Discrimination in America is as prevalent today as it was in the early 1900’s. Some people may argue against the previous statement; saying that America has made huge improvements in civil rights and equality in the last one hundred years. In some ways those people would be right, but in many other ways they would be wrong. First off, when you think that the underlying causes of discrimination are based off immediate impressions such as: age, clothing, attractiveness, verbiage, heritage, cleanliness, etc. you begin to realize that this assumptive nature lies within all people and is used to judge all other people. In other words, discrimination can and is used against every nationality, age, sex, religion and every category in between. When these assumptions or stereotypes become hugely exaggerated or start to negatively impact the people they are being used against, that is when harmless judgment changes to the much more severe issue of discrimination. Because of the extreme historical disadvantages faced by African-Americans in our countries past, the little progress that we have had in addressing discrimination can be largely contributed to the leaders of the civil rights movement. True, a major improvement in the last century did occur when the American people became conscious of the need for equality and demanded government intervention. The government responded by passing the civil rights act of 1964 which, among other things, allowed prosecution for the following actions:

o harassment on the basis of race, color, religion, sex, national origin, disability, or age;

o retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices;

o employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities.

- Civil Rights Act of 1964 (Pub. L. 88-352) (Title VII)

The above laws were created to ensure that people are given equal opportunities in the workplace and would be protected from retaliation when confronting individuals whom discriminate. Then why do I argue that discrimination is still apparent in America? Mainly because I personally have been impacted by the negative affects of discrimination at my workplace and was subject to a bias resolution. No, I am not African-American, female, homosexual or disabled and yet I still experienced discrimination with just as severely of consequences as an individual from any of those sub cultures which are often in the news for being the victims of discrimination. In fact, it seems that because I do not fit into any of those sub-cultures, I am not taken seriously with my complaints or concerns. Are some forms of discrimination more acceptable than other forms? I think not; discrimination is discrimination, no matter what context it is in or how small or large the person is affected by it. Don’t get me wrong; I am, by no means, attempting to say that I am a “victim” of the newly coined idea of “reverse racism“. Reverse racism is the idea that affirmative action has led to the over-protection of minority groups and has resulted in the majority group being disadvantaged as a result. In fact, reverse racism and the need for the civil rights act of 1964 are result of the underlying issue at hand.

The underlying issue that spawns discrimination and inequality is; anyone and everyone can fit into a stereotype held by another individual and will therefore be subject to some form of discrimination or prejudice in their lifetime. Because everyone can be discriminated against, does that mean that everyone also partakes in discrimination? To some extent, yes, I believe that everyone uses snap judgment and stereotypes to quickly asses a stranger’s personality. The ability to judge based off appearance is a natural ability that is vital in our species survival; but the intensity of this judgment separates innocent appraisal from an illegal injustice. When you think about it, almost any aspect of your personality, appearance, ideals, beliefs, wants, needs or desires can be looked at in a negative light and is therefore subject to appraisal; which in turn creates a positive or negative appearance which in turn can be a means for discrimination.

So, what can be done to help counteract discrimination? First, we need to understand that there are multiple forms of discrimination. There is an unconscious application of discrimination where an individuals’ (lets say a manager for example) personal beliefs and ideals contributes to an overall negative view of a certain person(lets say an employee). This subtle discrimination will inadvertently lead to a lessoned willingness for the manager to present opportunities to that employee, either consciously or unconsciously. This form of discrimination often goes unnoticed, making it much more difficult to asses. To help resolve this problem, I think that the media could attempt to bring the issue into the public’s conscious. If people are made more aware of this taking place; either the individuals who are unconsciously discriminating against people will become aware of it and attempt to change their actions or people around them (say coworkers) will report the discrimination to authorities. Another form of discrimination is the conscious / apparent form of discrimination. In this form of discrimination, an individual purposefully tries to belittle another person, sometimes maliciously. The Civil Rights Act of 1964 was made for people like this. As we saw above, passing laws is somewhat effective but, up to this point, has only been able to protect members in minority groups. However, for people with malicious intentions, I think that the best form of rehabilitation would be through government interaction.

Due to the personal nature of discrimination; the solution to this problem must be found on the personal level as well. If I raised hell every time I saw people treated unfairly, I guarantee I could have helped so many people. If someone had done it for me when I was treated unfairly I would have been more inclined to do it for someone else. To solve this problem, it must begin from the bottom up. So what can you do to help? First, you should make sure that you are not guilty of unconsciously discriminating against anyone for any reason. Then, you could let people know if they too are treating people unfairly without knowing. Lastly and most importantly, do not tolerate being discriminated against. Lead by example. Revolution!

(Article Source: http://EzineArticles.com/?expert=Robert_Coffen)

Legal Services of Labor Law Attorneys

admin — Mon, 17 May 2010 09:18:19 +0000

(By Manuel Salvacion)

Labor law attorneys deal with a broad range of labor issues mainly related to how employers treat employees, former employees and applicants for employment. This includes all the areas of the employer-employee relationship, negotiations, and the collective bargaining agreement.

Generally, labor laws were designed to create a bargaining balance between employers and employees; prohibiting management and the union from engaging in “unfair labor practices” and encouraging both parties to engage in faithful collective bargaining.

Labor laws also grant employees the right to unionize and allow employers and employees to engage in typical union activities like strikes, pickets, seeking injunctions, and lockouts, which is done for getting their demands heard.

What Labor Law Attorneys Can Do

Labor law attorneys deal mostly with employers and the union. These lawyers help management by carrying out following tasks:

o Reviewing client employee handbooks, manuals and policy statements

o Assisting with federal and state wage and hour law issues and claims

o Representing employers before the Equal Employment Opportunity Commission and state human rights agencies

o Representing employers in unfair labor practice proceedings before the National Labor Relations Board and state labor agencies

o Providing representation for grievance and arbitration hearings under the collective bargaining agreements

o Collective bargaining on behalf of clients including strategic planning and acting as spokesperson

o Counseling on issues related to strikes or lockouts, and providing related litigation support

On the other hand, these lawyers also help employees in the workplace. They assist employees’ families recover money and other compensation from illegal practices of certain employers. In addition to other labor-related disputes, they handle issues of discrimination (ADA, family leave, ERISA), wage claims, wrongful termination or demotion, invasion of privacy, whistle-blowing (Qui Tam), harassment, unemployment, retaliation, and workers’ compensation.

Employment and labor law professionals handle disputes with insurance claims, lawsuits, and court trials. For employers, labor attorneys may review contracts, agreements, and policy publications. They can fine-tune non-compete and non-solicitation agreements, severance agreements, independent contractor agreements, collective bargaining agreements, trade secrets documentation, employee policy manuals, and dispute resolution procedures. They also negotiate with claimants, public workers, unions, and labor organizations.

How a Labor Law Attorney Can Help You

o Assess your legal rights – The attorney will help you determine whether your rights have been violated or not, the strengths and weaknesses of your claim, and the legal consequences of filing a suit.

o Act as your legal coach – By acting as your legal coach, a labor lawyer will:

o explain what laws work best for you and how to enforce your right,
o advise you on the merits of your claim,
o give you feedback on court procedures,
o alert you to any problem areas,
o suggest evidence that may be useful to your claim;
o and draft or write the necessary paperwork.

o Negotiate – He will also deal with all levels of negotiation for your claims and represent you in confronting your employer. He can also help you finalize any agreement or settlement.

o Handle all communication -He will draft all letters, correspondence and even answer calls related to your concern

o Initiate legal action in the appropriate court

Before becoming an online writer, Manuel worked as a journalist, a newspaper columnist, a scriptwriter, a fiction writer, a magazine editor, and a tutor. He acquired his legal background as a Senate legislative officer and later on, as a researcher and paralegal staff in various law offices. Someday he hoped to go back and devote more time to writing fiction, which is his first passion.

Our labor law attorneys are very much capable in upholding the rights of the aggrieved employees. Contact us and we will be more than glad to provide help.

(Article Source: http://EzineArticles.com/?expert=Manuel_Salvacion)

Offshore Banking – Fiction Vs Fact

admin — Sun, 16 May 2010 06:36:10 +0000

(By James Bauman Ph.D.)

FICTION: Offshore banking can’t be that good because they can’t really pay the high interest rates they offer. If they could really pay those rates then U.S. banks would try to be competitive and have the same interest rates.

FACT: Examine closely the financial statements of any U.S. Bank. You will see that their “gross” profits against customer deposits can range from 25% to 40% — but — they have laws written in stone to limit the interest amount they can pay customers on their deposits. The U.S. banks place their earnings into unnecessary frills and non-productive expenditures like fancy buildings etc., while offshore banking facilities don’t do this and share their profits with their customers.

FICTION: Offshore banking isn’t regulated, so you are at risk of losing all money deposited with them.

FACT: The truth is that every country in the free world has regulations, rules and laws governing financial institutions and banks. Those regulations, rules, and laws, however, are much less restrictive than the “protectionist” U.S. banking regulations, rules, and laws and allow the offshore banking industry better opportunity to earn much greater profits for their investors and depositors.

FICTION: Offshore banking facilities are not insured by the F.D.I.C.

FACT: Some of the banks are but not that many. If they are, they must comply with the same protectionist banking regulations and rules as all the other F.D.I.C. insured banks. But, the majority of offshore banking facilities are insured; one way or another.

Depositor insurance programs similar to the F.D.I.C. program have been established in some countries, so that the banks in those countries have their deposits insured. Independent insurance companies insure the deposits of offshore banking facilities in other countries AND unlike the F.D.I.C., insure 100% of the banks deposits; not just those under $100,000. (By the way, some of the banks in the U.S. insure their deposits with independent insurance companies and many banks in the U.S. are not F.D.I.C. insured)

Offshore banking is “self-insured” for the most part which means those banks have a liquidity factor equal to 100% (or more) of the deposits on the books. Those banks have $1 (or more) in liquid assets for every $1 held on deposit. Therefore, there is no bank run because they can cover any depositor demand.

Self-insured offshore banking is actually more secure than F.D.I.C. insured U.S. banking. Why? Because the F.D.I.C. insured U.S. banks are permitted to maintain a liquidity factor equivalent to approximately 10 percent of their public deposits. (Is it any wonder why more U.S. banks fail each year than in any other country?)

Which kind of bank would you feel more safe having your money in? An offshore banking institution which as one dollar in cash for every dollar on deposit, or a U.S. bank which as ten cents in cash for every dollar that shows up on the deposit statement they give their clients?

FICTION: Offshore banking isn’t as big or strong as U.S. banking.

FACT: Of the strongest and largest big banks in the world (in assets), one bank ONLY is located in the United States:

Here are the safest offshore banks in the world, according to a ranking done in 2007 after examining their total assets in US dollars. This ranking is compiled from balance sheet information included on AllBanks.org

1 UBS AG Switzerland

2 Barclays UK

3 The Royal Bank of Scotland Group UK

4 Deutsche Bank AG Germany

5 BNP Paribas SA France

6 The Bank of Tokyo-Mitsubishi UFJ Ltd Japan

7 ABN AMRO Holding NV Netherlands

8 Societe Generale France

9 Credit Agricole SA France

10 Bank of America NA USA

2008/2009 UPDATE AFTER THE FINANCIAL COLLAPSE OF 2008

Germany’s largest bank, Deutsche Bank AG, reported a fourth quarter loss of about $6.3 billion. A year earlier, the bank posted a profit of about $1.3 billion (1 billion euros), Bloomberg reported.

Royal Bank of Scotland is expected to post losses of as high as £1.7 billion.

Bucking the trend is a bank not even on the list above and that bank is Standard Chartered bank which is expecting to post profits of 1.3 billion pounds. I have a contact who can help you open an account at this bank for your company if you desire to do so. The account would be in Hong Kong.

Another bank I know about is rated AAA by an independent rating service and if you are not from the U.S. or if you are from the U.S. and have a foreign LLC or IBC to open the account with then you can deposit $15,000 and get involved in their borrow low and deposit high program which has earned depositors as much as 100% per year on their deposit. It is easy to open an account there.

FICTION: Offshore banking must not be very good, or more facilities would advertise their services in newspapers and magazines in the U.S.

FACT: Offshore banking in general is restricted by law from advertising in magazines, newspapers, radio and on T.V. unless they come under the same protectionist rules and regulations that are placed upon U.S. banks. Knowing that, you should be cautious about doing business with any offshore banking facility that publicly advertises in the U.S. media. Because you can be very sure that they have sold-out to the U.S. banking establishment and that establishment will end up selling you out to those who make the rules.

FICTION: Offshore banking is only for the wealthy.

FACT: About 25 years ago, that may have been true. But I know of about three offshore banking facilities that will allow you to open an account for as little as $500. One of these is in the Asia, another in Europe, and another in Latin America.

FICTION: Opening an account at an offshore banking facility is too difficult, and it is very difficult to get a withdrawal when you need it.

FACT: Opening an account at an offshore banking facility is easy because you just follow the instructions they give to you. Getting your money out only requires a request that you fax or email with an attachment included.

James Bauman Ph.D. has been involved with the offshore world, banking, and asset protection for about 12 yeas now. During that time he has gained an education in offshore banking and high yield return investing and has learned of an offshore bank where depositors regularly make 50% to 100% high yield return on their money per year. Out of the experience he has gained over the years he developed the offshore banking and asset protection business FREEDOM OFFSHORE SERVICES. You can find out more and how to get FREE offshore bank account introductions here: http://www.freedomoffshore.com/offshorebanking.html Also, you can learn more about why a personal offshore bank account is not the safest way to control your offshore banking here: http://www.freedomoffshore.com/offshorebankaccounts.html Now, how do you know we are real? If you want a reference for us then we can give you someone to contact who will confirm our integrity.

We hope to serve you not only in a way that saves you money, but by giving you quality service also. May your experience in the world of offshore banking and asset protection always be a pleasant one with our help.

(Article Source: http://EzineArticles.com/?expert=James_Bauman_Ph.D.)

Are Attorneys Above The Law

admin — Fri, 14 May 2010 18:46:00 +0000

(By S M Nesbit)

If you have ever been in the regrettable situation where you need the assistance of a good attorney, then you know how much of a blessing they can be. It is possible that your marriage is falling to pieces, and you have children that your visitation rights you need resolved; or maybe you have been injured in an accident, and need to make assistance making a claim against the party that is at fault. No matter what your need, the right attorney can help make the entire procedure much easier.

Nevertheless, regardless of all the good work many attorneys do, there are a large number of attorneys who operate on the other side of the fence. These are the ones who will rip their clients off, ignore and break the law themselves in order to enrich their own lives.

These same attorneys will use suspicious moral practices to get questionable results, all of which directly affects you.

“Quis Custodes Ipsos Custodiet”, by the poet Juvenal, which means “Who Shall Watch The Watchers Themselves”, is an old Latin saying that sums up this situation perfectly – It is extremely apt in these situations, for if we cannot trust our protectors to actually protect us, what can we do? Who punishes the attorneys when they break the law?

Terrifying Statistics

Even though you may believe that attorneys who break the law are in the minority, the number of incidents that have been brought to the public’s notice is on the rise. Some of the most recent examples of this are:

o In 2001, a total of ELEVEN attorneys in Tennessee were still practicing law, even though there was a list of charges against them which included bank fraud, perjury, and even one attorney who was to blame for his failure to deliver evidence, which caused an innocent man to be kept in prison for four years on a rape charge.

o This year in Warren, Ohio an attorney was charged with fraud, including deceiving an elderly woman out of over $80,000

o Also this year, two attorneys in Boise, Idaho, were convicted of shocking financial dealings relating to real estate purchases at University Place

Yet, in spite of these findings, and the guilty parties acknowledging their criminal behavior, they are still permitted to work and practice law. Why is this, and what can you do about it if it affects you?

The Censure Debacle

While a child is growing up, and if they do something wrong, we as parents would punish them – this is how we have all learned right from wrong. The same in goes in our adult life – we all know that if we break the law, we will get punished. Depending on what it is we have done wrong or accused of, the punishment can vary – from an official warning for something minor, to losing your driving license for a road traffic offense, to spending time in jail embezzlement or something even more serious. There are even times when someone has spent time incarcerated when actually innocent.

However, the same set of laws do not seem to apply to attorneys. When they do something unlawful, as a rule, it does not look as if it affects their job too much, because they are still permitted to practice law. Still yet, if they are punished in a more serious manner, you can bet your bottom dollar it will not be anywhere near as severe as how we would be dealt with for the same crime.

The rationale for this is something attorneys love to fall back on, and that something is censure, a convenient scheme of publicly scolding someone without really doing anything official. Sure, when you hear that an attorney has been “publicly censured”, it might look and sound good on paper, but in fact it is anything but. The only thing that happens is that a public official, or if someone of prominence does receive a warning, it is like being a slapped on the wrist, and told not to be naughty again. Not exactly inductive to making someone alter his or her ways. However, it is not just this that is at fault here.

The Old School Tie Network

When any kind of law is broken, if it goes to court then it is normally attorneys who will work to see that the correct type of penalty is laid down out by the judges. However, if it is an attorney who is on trial (although this in itself can be hard to achieve, thanks to the censure procedure), then you can just about ensure that an old friend or colleague from law school will take their case.

As if that is not bad enough, you will find that the attorney is probably a friend of the judge that is hearing the case, which does not provoke confidence that the case is going to be heard fairly or with impunity. It is this kind of “all for one, one for all” attitude that has seen public faith in attorneys lapse to an unprecedented low, which is a particular embarrassment for the good attorneys that do their job well and look out for the people that matter – their clients.

If you have been a victim of malpractice by an attorney, there are ways that you can bring them to justice, and not just leave them to go the normal route of censure and favors from friends getting them off the hook.

Taking The Law Into Your Hands

One avenue that you can take to see the offending attorney brought to justice is by way of the state governing boards that are supposed to be responsible for attorneys being able to operate in a particular state or county. Unfortunately, this can be a tremendously costly and is usually a very long-drawn out process, which is not always successful, because the attorney can appeal it and generally the accuser is unaware and unable to speak out against them again. While the appeal is going on, they are allowed to continue to practice law…ergo the attorney gets away with it.

Another way you might consider is to use another attorney, which may sound bizarre as you are bringing a case against another attorney. However, just like any job and vocation, there are some exceptional attorneys who would like nothing better than to successfully charge and prosecute someone who is blighting their business and good name in such a negative manner.

If you are unsure of where you should start, there is usually a lawyer referral service in your town or you can go online and do a search with Google, Yahoo or MSN where you will find lists of firms in your city that would be more than willing to take this type of case on.

Another option is to go to the local and national press. People hate to think of those intended to protect our rights as operating in an criminal manner, and they like it even less when it is an attorney who is using the law to further enrich their own way of life. For that reason, you should take all your facts and dates to the press, who would love to chase these lawbreaking attorneys down for you.

No matter what you decide to do, please do not just sit and hope that the attorney will be found out without your help – that is why there are so many bad ones on the loose in the first place.

S M Nesbit is the founder and CEO of NNBS, Inc. that specializes in real estate loan closings and title searches. For more information visit AnytimeServices.com You may use this article on your website, provide Resource Box and Copyright information stays intact. Copyright 2007 SM Nesbit All rights reserved

(Article Source: http://EzineArticles.com/?expert=S_M_Nesbit)

The Most Well Guarded Traffic Court Secrets

admin — Thu, 13 May 2010 19:51:15 +0000

(By Damon Dallah)

So, what’s the most well kept secret in the traffic court industry? Simple! It’s the fact that beating a traffic ticket (specifically speeding tickets) is so damn easy to do!

If word were to get out among the general public about just how easy it is to beat a speeding ticket, the courts would have to shut down their doors for good. People would end up beating their cases each and every time they received a speeding ticket.

The courts would stand to lose millions of dollars. But fortunately for them, hardly anyone knows that beating a speeding ticket is a relatively uncomplicated task to accomplish.

It all starts from the moment you receive your ticket. Think back to the last speeding ticket you got. Did the officer give you a number of options you could use to just pay the fine?

Did he even once mention that your ticket was beatable? Probably not.

This mind control is carried on inside the court when you go to give your plea. The judge will give you your three choices:

Guilty
No Contest
Not Guilty

He will then describe each one a little more in detail. When he gets to the Not Guilty plea, his deliberate choice of words make it sound as if beating a speeding ticket is impossible.

For instance, after he talks about the Guilty and No Contest pleas (which by the way, he may mention are your “best” choices), he then will tell you that you have the option of pleading Not Guilty.

He will then continue with how well prepared the police officer will be, their experience in the courtroom, and how difficult it is to challenge a police officer on the stand.

He’s telling you this to scare you away from pleading Not Guilty. And it works. Most people don’t think they can put up much of a fight against the “almighty” police officer, so they don’t bother.

This mind manipulation also continues through the radio and TV. They want you to believe that speed kills. That exceeding the speed limit puts everyone’s lives at risk.

This way, when you receive your speeding ticket, psychologically it is imprinted in your brain that you have committed a very bad deed and should suffer the consequences as a result.

They want you to believe that the police officer was doing his job when he ticketed you by “saving lives”.

It’s all one big lie to keep the money rolling in. Don’t believe one word of it.

Here are some more secrets the traffic courts are happy you don’t know:

There are required procedures the officer must do when issuing out a speeding ticket that he NEVER does.

If you expose these unperformed procedures you will easily win your case.

If two police officers were involved in the stop (as in one officer radioing ahead to another officer) then both officers MUST be present in court.

If one officer is missing, you will win your case.

If the police officer fails to show up to traffic court, you can easily prevent the judge from scheduling a new court date.

While on the stand, there are several things the police officer must legally testify to.

If he leaves even one of the required testimonies out, you will win your case.

The evidence the prosecutor submits must be of a special type.

If it is not, then you can have it thrown out and it can’t be used against you.

If it is thrown out then the prosecutor and police officer are left with nothing and you will win your case.

The prosecutor is not allowed to go get new evidence once the trial has started.

The radar gun used to clock your speed had to have been extremely accurate at the time you were pulled over in order to hold up in court.

The prosecutor or police officer must submit documents to prove its’ level of accuracy at the time you were pulled over.

The documents that they present as evidence to the radar gun’s accuracy can easily be thrown out of court.

In the event that no evidence was brought to court by the prosecutor or officer (50 to 70% chance), just by asking for it will easily have your case dismissed.

Here’s some more:

You do not have to prove your innocence.
You are innocent until proven guilty.
The prosecutor is an inexperienced recent law school graduate who won’t know everything there is to know. This gives you an extreme advantage over him.
The courts have a certain amount of time to try your case and if this time passes, your case will be dismissed.
If the prosecutor fails to show up for court, the judge can not act as the prosecutor.
The judge always encourages people to plead No Contest for their “protection”. He will state that after you give an explanation as to your excessive speed, he may find you Not Guilty. This is a flat out lie.
He’s giving the impression that by pleading No Contest and giving a valid excuse as to why you were speeding, the charges against you will be dismissed. Don’t be fooled! Almost 99% of those that plead No Contest will be found guilty – good excuse or not.

Damon Dallah is an expert in the field of traffic ticket defense with an emphasis on speeding tickets. He’s taught hundreds of people with no legal experience the secrets to winning in traffic court. You can visit his website at Traffic Ticket Secrets.

(Article Source:http://www.lawyerintl.com)

Future Proofing: Why You May Need An Enduring Power Of Attorney

admin — Thu, 13 May 2010 18:33:00 +0000

(By Sharon Hurley Hall)

People can become unable to manage their own affairs at any stage of life. An accident, or the onset of mental illness, may make the everyday routines of buying and selling a house, paying bills, managing a budget and making financial decisions difficult and stressful, if not impossible. By completing an Enduring Power of Attorney (EPA) you can ensure that if this should ever happen, the person you choose to be your representative (your Attorney) will look after your affairs. Friends and family do not automatically have the right to take over. The EPA has been created to ensure that while you are of sound mind you can appoint someone you trust to look after your affairs.

What is an Enduring Power of Attorney?

An EPA is a legal document granting to a named person or people the authority to act on your behalf. Subject to certain important conditions and safeguards it continues in force until death, even if you become incapable of looking after yourself.

What happens if I don’t have an EPA?

Without an EPA the Court of Protection will appoint a Receiver to act on your behalf. This process takes time and is expensive. With an EPA in place there would be no Court of Protection charges or solicitor’s fees payable and no annual fees charged by the court. Minimal fees apply to register the EPA.

What safeguards are there?

When mental capacity is lost the EPA must be registered before the Attorney can legally act. You and your closest relatives will be informed allowing you to intervene with the registration should someone try to use the EPA illegally.

Am I in control of my affairs if I sign an EPA?

Yes. The EPA does not restrict your rights to go on looking after your own affairs for so long as you feel capable. The EPA simply means that there is someone to take over if, and when, you cannot cope.

An Enduring Power of Attorney can help you prepare for the future. Ask your financial planner about it today.

Find out more about EPAs and estate planning from Stephen Hall Associates

Sharon Hurley Hall is a freelance writer, ghostwriter and editor.

To contact Sharon, visit http://www.doublehdesign.com/

(Article Source:http://www.lawyerintl.com)