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[Draft] Repeal WA Labor Relations Act

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Speech and Debate
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[Draft] Repeal WA Labor Relations Act

Postby Speech and Debate » Fri Apr 14, 2017 5:04 pm

Repeal WA Labor Relations Act

THE GENERAL ASSEMBLY,

ACKNOWLEDGING the tremendous gains for the rights of the worker through the provisions of the WA Labor Relations Act.

APPLAUDING these efforts for helping to ensure quality of life of each worker.

NOTING that though these efforts have been widely successful in achieving the goal of a better quality of life for workers, there is still substantial room for improvement of these rights and protections of each worker.

REMARKING the following as areas that could be improved upon:
1. In section 6, there is the declaration that governments may require notification on behalf of labor unions to employers and relevant government agencies before taking industrial action or striking. The problem with this is that it may defeat the purpose of the industrial action or strike before it begins as it gives the employers and relevant government agencies the opportunity to prepare for the economic impact that the industrial action or strike needs in order to accomplish its goals, thereby adding a hefty barrier to the capabilities of labor unions.
2. Section 7 holds three prohibiting factors to the rights and protections of the worker.
A. The fact that labor unions reserve the right to draw up their own constitutions, rules, administration, activities, and programs free of any national or international standard allows for the the problem of corruption to occur in number within labor unions.
B. The allowing of democracy to be an optional mandate within labor unions is a violation of each individuals interests within said labor unions and could easily be used against the interests of the members of labor unions for the benefit of those in power.
C. The provision for government to be able to implement a minimum percentage of members for a union to be legally recognized is a violation of these laborers rights as without legal recognition and thereby not allowing for a mechanism for authorization by a union of a strike or industrial action, according to section three, none of the rights mentioned in sections 2 and 5 will apply to the collective of workers when they preform stated strikes or industrial actions. Doubting that there must be a standard to legally recognize a labor union, as in order for a labor union to be successful in their strikes and industrial actions, a great deal of workers must be involved. This standard of judging by percentages most definitely works against the interests and rights of the worker. Especially as the not to exceed percentage for legal recognition of 50%+1 practically details a way for business to keep a half of the desires of a business’s workers quelled by “convincing” the other half of said business’s workers from joining the labor union. Keep in mind that this “convincing” could include tactics of intimidation in order to do so under current standards.
3. That sadly the resolution, as previously stated, does not prevent businesses from using tactics of intimidation in order to prevent workers from joining labor unions or to leave them. Rather, the only provision of rights afforded to individual workers, noting that the rights in section 2 and 5 apply to collectives of workers in labor unions, are the ones detailed in section nine which only forbids discrimination in specific employment practices noted as being afforded equal treatment in: hiring, work assignment, compensation, promotion, training and education, and disciplinary actions. Thereby leaving a large gap in protections from the tactics of intimidation by employers.

HOPING that all of these issues will be more adequately addressed in a future replacement resolution that continues to ensure all other rights to the worker detailed in GAR #43.

HEREBY REPEALS GAR #43, WA Labor Relations Act.

Replacement Resolution

https://forum.nationstates.net/viewtopic.php?f=9&t=409218



GA #43 WA Labor Relations Act (original text)

Category: Human Rights
Strength: Significant
Proposed by: Hiriaurtung Arororugul

Description: The World Assembly, believing that the ability to form and join labor unions is an important factor in assuring proper compensation and adequate working conditions; recognizing that industrial actions are sometimes the only means available for workers to influence management decisions; however, also believing that the welfare of the general public must be of paramount concern in weighing the right of workers to engage in such actions; hereby:

1. RESOLVES that all WA member nations must recognize and ensure the right of workers to form or join unions of their choice for the purpose of collective representation, and the right of those unions to establish and join international unions and federations of labor organizations both nationally and internationally.

2. ESTABLISHES the right of all workers to engage in strikes and other industrial actions, including, but not limited to, work slowdowns, overtime refusal, work-to-rule and general strikes, provided that those actions are authorized by a union and do not cause physical harm to persons or property;
a. Employers are not required to pay wages of workers while they are on strike.
b. Workers may not be terminated from employment for participating in a strike or industrial action legally authorized by a union.
c. Employers are prohibited from engaging in actions which interfere with the right of workers to engage in strikes, or actions which interfere with the ability to maintain a strike.

3. DECLARES that national governments may exempt from the rights granted in clause 2:
a. Strikes or other industrial actions not authorized by a union.
b. Strikes or other industrial actions which significantly endanger the health or welfare of the public, such as, but not limited to strikes by medical and police personnel.

4. RESERVES to the respective member nations the right to determine the extent to which the provisions of this resolution shall apply to members of the armed forces, law enforcement personnel, providers of emergency services, and government employees providing essential public services.

5. MANDATES that labor disputes involving workers lacking the right to strike under articles 3.b. and 4 of this resolution be settled through binding arbitration administered by an independent and unbiased third party.

6. DECLARES that national governments may require unions to supply fair notice to employers and relevant government agencies in advance of industrial action.

7. AFFIRMS the right of unions and their national and international organisations to be free to draw up their own constitutions and rules, organise their own administration and activities, and formulate their own programs. National governments may require that unions operate democratically and may set a minimum percentage of membership for legal recognition of unions, not to exceed 50%+1.

8. Union members have the right to form new unions or seek representation from a different union if they feel they are not currently being provided fair and competent representation.

9. FORBIDS discrimination based on union membership where employment is concerned. Union members and non-members must be afforded equal treatment in hiring, work assignment, compensation, promotion, training and education, and disciplinary actions.

10. DECLARES that unions must abide by national law, and that national laws shall not be made to impair the guarantees provided for in this resolution.
Last edited by Speech and Debate on Fri Apr 21, 2017 7:44 pm, edited 9 times in total.
The ambassador of Speech and Debate to The World Assembly, David Gabriel.
Also known as WATCHDOG.

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Araraukar
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Corrupt Dictatorship

Postby Araraukar » Fri Apr 14, 2017 5:13 pm

OOC: "One proposal per thread, one thread per proposal." Put the replacement attempt into its own thread and link to it from this one. And leave your current repeal draft visible.
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Speech and Debate
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Postby Speech and Debate » Fri Apr 14, 2017 5:28 pm

OOC: Thanks for the tip, I solved the issue by just putting links to the threads for the repeal/replace respectively. Also, how do I change the name of the thread?
The ambassador of Speech and Debate to The World Assembly, David Gabriel.
Also known as WATCHDOG.

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Araraukar
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Founded: May 14, 2007
Corrupt Dictatorship

Postby Araraukar » Fri Apr 14, 2017 5:36 pm

Speech and Debate wrote:OOC: Also, how do I change the name of the thread?

OOC: Edit the title of the first post.
- ambassador miss Janis Leveret
Araraukar's RP reality is Modern Tech solarpunk. In IC in the WA.
Giovenith wrote:And sorry hun, if you were looking for a forum site where nobody argued, you've come to wrong one.
Apologies for absences, non-COVID health issues leave me with very little energy at times.

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Speech and Debate
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Posts: 36
Founded: Nov 16, 2016
Ex-Nation

Postby Speech and Debate » Fri Apr 14, 2017 5:37 pm

OOC: Appreciated.
The ambassador of Speech and Debate to The World Assembly, David Gabriel.
Also known as WATCHDOG.

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Speech and Debate
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Posts: 36
Founded: Nov 16, 2016
Ex-Nation

Postby Speech and Debate » Fri Apr 21, 2017 7:41 pm

Any opinions on the repeal/replacement bill? The nation of Speech and Debate is always looking for more insight so as to better our great societies.
The ambassador of Speech and Debate to The World Assembly, David Gabriel.
Also known as WATCHDOG.


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