7. industrial relations and collective bargaining
TRANSCRIPT
-
8/13/2019 7. Industrial Relations and Collective Bargaining
1/44
Industrial Relations and Collective
Bargaining
-
8/13/2019 7. Industrial Relations and Collective Bargaining
2/44
When you finish studying this chapter, you should be able to:
Discussthe nature of the majorfederal labor relations laws.
Describethe process of a union driveand election.
Discussthe main steps in the
collective bargaining process
-
8/13/2019 7. Industrial Relations and Collective Bargaining
3/44
Why Do Workers Organize?
Workers belief that it is onlythrough unity that they can get theirfair share of the pie
Often means that low morale, fear ofjob loss, and poor communicationfoster unionization
-
8/13/2019 7. Industrial Relations and Collective Bargaining
4/44
What DoUnions Want?
Unionsecurity
Improvedbenefits
Improvedhours
Improvedwages
-
8/13/2019 7. Industrial Relations and Collective Bargaining
5/44
Union Security
Closed shop - Company can hire onlyunion members Union shop - Company can hire
nonunion people but they must jointhe union
Agency shop - Employees who donot belong to the union must still pay
union dues
-
8/13/2019 7. Industrial Relations and Collective Bargaining
6/44
Union Security
Open shop - up to the workerswhether they join the union
Maintenance of membership
arrangement
-
8/13/2019 7. Industrial Relations and Collective Bargaining
7/44
Right to work- used to describestate provisions banning therequirement of union membership
as a condition of employment
-
8/13/2019 7. Industrial Relations and Collective Bargaining
8/44
American Federation of Labor andCongress of Industrial Organizations(AFL-CIO)- voluntary federation of
about 100 national and internationallabor unions in the United States
www.aflcio.org/
http://www.aflcio.org/http://www.aflcio.org/ -
8/13/2019 7. Industrial Relations and Collective Bargaining
9/44
UNIONS AND THE LAW
Until about 1930, Employers didnthave to engage in collectivebargaining with employees and were
virtually unrestrained in theirbehavior toward unions
-
8/13/2019 7. Industrial Relations and Collective Bargaining
10/44
Period of Strong Encouragement:The Norris-LaGuardia Act (1932)
and the National Labor RelationsAct (1935)
-
8/13/2019 7. Industrial Relations and Collective Bargaining
11/44
Norris-LaGuardia Act- guaranteedto each employee the right to bargaincollectively free from interference,
restraint, or coercion
-
8/13/2019 7. Industrial Relations and Collective Bargaining
12/44
National Labor Relations Act( Wagner Act) - banned certain unfairlabor practices, provided for secret-ballotelections and majority rule for determiningwhether a firms employees were tounionize, and created the National LaborRelations Board (NLRB)for enforcing
these two provisions.
-
8/13/2019 7. Industrial Relations and Collective Bargaining
13/44
Unfair Employer Labor Practices
Interfere with, restrain, or coerceemployees in exercising their legallysanctioned right of self-organization
Dominate or interfere with either theformation or the administration of laborunions
Discriminating in any way against employees
for their legal union activities.
-
8/13/2019 7. Industrial Relations and Collective Bargaining
14/44
Unfair Employer Labor Practices
Discharge or discriminate againstemployees simply because the latterfile unfair practice charges
Refuse to bargain collectively
-
8/13/2019 7. Industrial Relations and Collective Bargaining
15/44
Taft-Hartley(or Labor ManagementRelations) Actamended the Wagner Actlimiting unions by:
prohibiting unfair union labor practices
enumerating the rights of employees asunion members
enumerating the rights of employers allowing the president of the United
States to temporarily bar nationalemergency strikes.
-
8/13/2019 7. Industrial Relations and Collective Bargaining
16/44
Unfair Union Labor Practices
Unions were banned from: restraining or coercing employees fromexercising their guaranteed bargainingrights
causing an employer to discriminate in anyway against an employee in order toencourage or discourage his or hermembership in a union
refusing to bargain in good faith with theemployer about wages, hours, and otheremployment conditions
-
8/13/2019 7. Industrial Relations and Collective Bargaining
17/44
Taft-Hartley Act
Protected the rights of employees againsttheir unions
Right-to-work laws- outlawed laborcontracts that made union membership acondition for keeping ones job.
Gave employers certain rights - fullfreedom to express their views concerning
union organization.
-
8/13/2019 7. Industrial Relations and Collective Bargaining
18/44
Period of Detailed Regulation ofInternal Union Affairs:
The Landrum-Griffin Act (1959)
-
8/13/2019 7. Industrial Relations and Collective Bargaining
19/44
Landrum-Griffin Act(officially, theLabor Management Reporting andDisclosure Act) - aim of this act was
to protect union members frompossible wrongdoing on the part oftheir unions
-
8/13/2019 7. Industrial Relations and Collective Bargaining
20/44
Landrum-Griffin Act
Provides for certain rights in thenomination of candidates for unionoffice.
Affirms a members right to sue hisor her union
Ensures that no member can be fined
or suspended without due process Laid out rules regarding union
elections
-
8/13/2019 7. Industrial Relations and Collective Bargaining
21/44
Initial contact
Authorization cards
Hearing
Campaign
Election
UNION
DRIVE ANDELECTION
Five basicsteps
-
8/13/2019 7. Industrial Relations and Collective Bargaining
22/44
Step 1: Initial Contact
Union determines the employeesinterest in organizing, and an
organizing committee is established
-
8/13/2019 7. Industrial Relations and Collective Bargaining
23/44
Union saltingrefers to a unionorganizing tactic by which workerswho are in fact employed full-time by
a union as undercover unionorganizers are hired by unwittingemployers
-
8/13/2019 7. Industrial Relations and Collective Bargaining
24/44
Step 2: Authorization Cards
For the union to petition the NLRB for theright to hold an election, it must show thata sizable number of employees may be
interested in being organized.
Thirty percent of the eligible employees inan appropriate bargaining unit must sign
before an election can be petitioned
-
8/13/2019 7. Industrial Relations and Collective Bargaining
25/44
Step 3: The Hearing
Employer may contest the unionsright, in which case it can insist on ahearing
Consent election Bargaining unit- group of employees
that the union will be authorized to
represent and bargain for collectively
-
8/13/2019 7. Industrial Relations and Collective Bargaining
26/44
Step 4: The Campaign
The union and employer appeal toemployees for their votes.
-
8/13/2019 7. Industrial Relations and Collective Bargaining
27/44
Rules Regarding Literature and Solicitation
Non-employees can always be barredfrom soliciting employees during theirwork time
Most employers can bar non-employees from the buildingsinteriors and work areas as a right of
private property owners
-
8/13/2019 7. Industrial Relations and Collective Bargaining
28/44
Step 5: The Election
Secret ballot. The NLRB provides the ballots as well
as the voting booth and ballot box.
It also counts the votes and certifiesthe results of the election.
-
8/13/2019 7. Industrial Relations and Collective Bargaining
29/44
Decertification Elections legally terminate the unions right to
represent them
-
8/13/2019 7. Industrial Relations and Collective Bargaining
30/44
What Is Collective Bargaining
Management and labor are required by lawto negotiate wages, hours, and terms andconditions of employment in good faith
Good faith bargaining- both parties
communicate and negotiate proposals are matched with
counterproposals and that both parties
make every reasonable effort to arrive atan agreement
-
8/13/2019 7. Industrial Relations and Collective Bargaining
31/44
When Is Bargaining Not in Good Faith?
Surface bargaining Concession.
Proposals anddemands
Bypassing therepresentative
Dilatory tactics Imposing conditions
Unilateral changesin conditions
-
8/13/2019 7. Industrial Relations and Collective Bargaining
32/44
Voluntarybargaining items - become apart of negotiations only through the jointagreement of both management and union
Illegal bargaining items
Mandatory bargaining items- includewages, hours, rest periods, layoffs,
transfers, benefits, and severance pay
-
8/13/2019 7. Industrial Relations and Collective Bargaining
33/44
Bargaining Stages
First - each side presents itsdemands Second - reduction of demands
Third - subcommittee studies Fourth - parties reach an informalsettlement
Finally - the parties fine-tune andsign a formal agreement
-
8/13/2019 7. Industrial Relations and Collective Bargaining
34/44
Impasse- occurs when theparties are unable to movefurther toward settlement
-
8/13/2019 7. Industrial Relations and Collective Bargaining
35/44
Third-Party Involvement
Mediation
Arbitration
Fact-finding
-
8/13/2019 7. Industrial Relations and Collective Bargaining
36/44
Mediation- neutral thirdparty tries to assist the
principals in reachingagreement.
-
8/13/2019 7. Industrial Relations and Collective Bargaining
37/44
-
8/13/2019 7. Industrial Relations and Collective Bargaining
38/44
Arbitrator may have the powerto decide and dictatesettlement term
Binding arbitration - bothparties are committed toaccepting the arbitrators
award
-
8/13/2019 7. Industrial Relations and Collective Bargaining
39/44
Strikes- withdrawal of labor Economic strikeresults from a failure to
agree on the terms of a contract
Unfair labor practice strikes protest illegalconduct by the employer
Wildcat strikeis an unauthorized strikeoccurring during the term of a contract
Sympathy strikeoccurs when one unionstrikes in support of the strike of another
-
8/13/2019 7. Industrial Relations and Collective Bargaining
40/44
Corporate campaign- organized effort bythe union that exerts pressure on thecorporation by pressuring the companysother unions, shareholders, directors,
customers, creditors, and governmentagencies
Union member boycott- removal ofpatronage
-
8/13/2019 7. Industrial Relations and Collective Bargaining
41/44
Lockout- refusal by theemployer to provideopportunities to work
-
8/13/2019 7. Industrial Relations and Collective Bargaining
42/44
Contract Agreement
Management rights
Union security
Grievanceprocedures
Health and safety
provisions
Disciplinaryprocedures
Compensation rates Hours of work and
overtime Benefits such as
vacation, holidays,insurance, andpension
may contain just general declarations of policy
or a detailed specification of rules andprocedures
-
8/13/2019 7. Industrial Relations and Collective Bargaining
43/44
Grievance process - stepsthat the employer and union
have agreed to follow toascertain if some actionviolated the agreement
-
8/13/2019 7. Industrial Relations and Collective Bargaining
44/44
Why the Union Decline?
Proportion of blue-collar jobs hasbeen decreasing as service-sectorand white-collar service jobs have
increased
Intense international competition
outdated equipment and factories