San Andreas Labor Code

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San Andreas Labor Code

Post by San Andreas State Clerk » Wed Oct 07, 2015 5:08 pm

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San Andreas Labor Code 2015
(An extension of the San Andreas Labor Relations Act 2015)


Section 1 - Overview

This document, the San Andreas Labor Code 2015, is an extension of the San Andreas Labor Relations Act 2015.

Section 2 - San Andreas Labor Relations Committee (LRC)

The San Andreas Labor Relations Committee (LRC), commonly refered to as the Labor Relations Committee or the LRC, is the governing body that regulates the activities of labor unions in the State of San Andreas.

The LRC is chaired by a General Counsel whom is assisted by three committee members. All members are nominated by the Mayor of Los Santos and must be approved by the State Legislature. All members serve four month terms.

All decisions made by the the LRC require a majority of committee members to vote in favour for the decision to be accepted. In the event of a tie, the General Counsel shall be compelled to vote in favour or against the proposed motion.

Section 3 - Enforcement and Arbitration Process

The San Andreas Labor Relations Committee shall perform the following functions:
  • Conducting and arranging union recognition elections and union presidential elections.
  • Ensuring the legitimacy of union recognition elections, union presidential elections and strike ballots.
  • Monitoring the behaviour of employees, employers and labor unions to ensure they do not violate the San Andreas Labor Relations Act 2015.
3.1. Union Registration

The Los Santos City Government shall be responsible for ensuring unions are registered to the criteria as detailed in Section 2 of the San Andreas Labor Relations Act 2015.

3.2. Union Recognition Elections

The LRC shall arrange union recognition elections as detailed in Section 2, Sub-Section D of the San Andreas Labor Relations Act 2015. They must simultaneously maintain the legitimacy of these elections.

3.3. Union Presidential Elections

The LRC shall arrange union presidential elections as detailed in Section 2, Sub-Section D of the San Andreas Labor Relations Act 2015. They must simultaneously maintain the legitimacy of these elections.

3.4. Strike Ballots

The LRC must review all strike ballots conducted by union presidents to ensure they adhere to the regulations as laid out in Section 4 of the San Andreas Labor Relations Act 2015.

3.5. Improper Labor Practice

The LRC must monitor employee, employer and labor union behaviour to ensure that all parties abide by the San Andreas Labor Relations Act 2015 and shall also investigate complaints made against employees, employers and labor unions in relation to the provisions of the Act.

3.6. Strikes

The LRC shall oversee the process of striking, as laid out in Section 4 of the San Andreas Labor Relations Act 2015. This shall include authorising strikes after a strike ballot has been conducted, informing employers and unions of the 24 hour notice period and confirming the end of a strike.

3.7. Arbitration

The LRC shall engage in a process of arbitration in the event of an employer, employee or labor union violating the provisions of the San Andreas Labor Relations Act 2015. The process shall be as follows:
  • The LRC conducts a preliminary investigation into the matter to establish the key points of contention.
  • The LRC discusses the offence with the affected parties to obtain statements in relation to the key points of contention.
  • Once in possession of the facts of the preliminary investigation and the statements of the affected parties, The LRC votes on whether or not an offence has occurred.
  • If an offence is deemed valid, the LRC must consult with a San Andreas Superior Court Justice who will be authorised to issue to a civil penalty.
If an employer, employee or labor union disputes the ruling of the LRC, then the decision shall be voided. The LRC is permitted to attempt to enforce the original decision by entering the case to the San Andreas Superior Court. An employer, employee or labor union may also dispute the LRC's decision in cases where the LRC has found a party innocent of any offences.

Section 4 - Offences

4.1. Improper Labor Practice on Behalf of an Employer

This offence relates to violations of Section 3, Section 4 or Section 5 of the San Andreas Labor Relations Act 2015 by an employer. As such, activities that would constitute improper labor practice on behalf of an employer include:
  • Discriminating against an employee based on their participation in union activities.
  • Discriminating against an employee who wishes to form a union, supports the formation of a union or makes steps towards forming a union.
  • Discriminating against an employee who files charges or testifies against their employer.
  • Discriminating against employees who wish to strike or former strikers.
  • Discriminating against employees who do not wish to form a union or engage in union activities.
  • Refusing to engage in collective bargaining with a union, except in instances where the bargaining relates to wages or disciplinary action.
  • Imposing 'yellow-dog' contracts (forbidding union membership) on employees as a condition of employment.
  • Interfering with the formation or administration of a union.
  • Firing employees who have finished striking or failing to restore their seniority rights when replacement workers have not yet been employed.
  • Failing to have replacement workers complete the standard recruitment process that was in place at the time of the strike being called.
  • Failing to bargain in "good faith".
  • Attempting to fraudulently manipulate the results of a union recognition election, a union presidential election or a strike ballot.
4.2. Improper Labor Practice on Behalf of an Employee

This offence relates to violations of Section 4 of the San Andreas Labor Relations Act 2015 by an employee. As such, activities that would constitute improper labor practice on behalf of an employee include:
  • Engaging in a strike that has not been authorised by the LRC.
  • Engaging in a strike during the 24 hour notice period.
  • Engaging in a strike without a permit from the Los Santos City Government if the strike is conducted outside the 'Free Speech Zones', as detailed in the Helping Overcome Oppression and Validating Essential Rights Act of 2013 (The Hoover Acts).
  • Committing illegal acts whilst engaging in a strike.
  • Attempting to fraudulently manipulate the results of a union recognition election, a union presidential election or a strike ballot.
4.3. Improper Labor Practice on Behalf of a Labor Union

This offence relates to violations of Section 4 of the San Andreas Labor Relations Act 2015 by a labor union. As such, activities that would constitute improper labor practice on behalf of a labor union include:
  • Imposing mandatory union dues on union members.
  • Proceeding with strike action without authorisation from the LRC.
  • Using union funds for purposes not detailed in Section 6, Sub-Section E of the San Andreas Labor Relations Act 2015.
  • Failing to uphold the duties specified in Section 6, Sub-Section F of the San Andreas Labor Relations Act 2015.
  • Attempting to fraudulently manipulate the results of a union recognition election, a union presidential election or a strike ballot.
Section 5 - Sanctions

Any individual or institution found guilty of Improper Labor Practice on Behalf of an Employer, Improper Labor Practice on Behalf of an Employee or Improper Labor Practice on Behalf of a Labor Union may be issued a financial penalty. Such a financial penalty would need to be authorised by a Justice of the San Andreas Superior Court.

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Re: San Andreas Labor Code

Post by Conti » Fri Oct 28, 2016 10:25 pm

(( SUSPENDED BY FACTION MANAGEMENT - REFER TO LABOR ACT ))
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Retired Head of Government Management
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Matthew Goodman, Lieutenant Governor Emeritus
Hon. Anthony Guidone, Attorney General Emeritus
Lieutenant II Mark Conti, Los Santos Police Department (RET.)

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