Chapter 23: Labor LawChapter 23: Labor Law

What is a unionWhat is a union

• A union -group of workers who choose representatives (a union) to negotiate with the employer about wages, work hours, benefits, workplace health and safety, and other work-related issues which is contained in the collective bargaining agreement and applies to all employees who are in a union.

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INDUSTRIAL RELATIONSINDUSTRIAL RELATIONS

• SPRING

Elective for:

• Econ 4490

• Blaw 4490

• Mgt 4490

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What is a CBAWhat is a CBA

• CBA – Contract between the employees represented by the union and the employer

• Examples – NFL, NHL, NFL Referees Association

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–Under the US Constitution Supremacy Clause, FEDERAL law takes precedence over state law or local ordinances

Union Hierarchy – like big companiesUnion Hierarchy – like big companies

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International officeInternational office

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Make up of a Union - Make up of a Union -

–Local 1853 represents workers a GM Spring Hill – 6200 members and 520 retirees

– Local 1929 also represents 52 child care workers at the UAW-DaimlerChrysler Child Development Center located near the plant.

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•Labor Laws

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NLRANLRA

• Private-sector employers and their employees.

Interstate Commerce -

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NLRA

3 significant objectives:

1.Allowed employees to vote to be represented by a union

2. protect union discrimination and rights

3. Created the NLRB to enforce the law

National Labor Relations ActNational Labor Relations Act• Section 7 of the NLRA protects all the

following:

a. the right to form/join a union

b. the right to negotiate a cba

c. the right to engage in concerted activities for mutual aid and protection

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NLRANLRA

• The right to engage in concerted activities for mutual aid and protection

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• FACTS-

• A construction contractor fired five employees after several of them appeared in a YouTube video complaining of hazardous working conditions.

• 1. What law• 2. Where file

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How many companies have a policy like this one? Confidentiality of Salary and Benefit Information

Employees are prohibited from discussing their salary or wage levels and company benefits with other employees. Such information is confidential and may not be discussed in the workplace. Any employee violating this policy will be considered to have committed a breach of confidentiality and will be subject to disciplinary action, up to and possibly including termination of employment. 

Examples Section 7 rights: Examples Section 7 rights:

© 2008 Cengage Learning. All rights reserved.

Employer has a policy that employees cannot talk about wages

John along with his co employees were discusses their wages and their bonuses when Sam the supervisor walks by and overhears.

Next day John is fired.

Real Case- Section 7 rights: Real Case- Section 7 rights:

FACTS – One Employee posted on FB: "They [the employer] are full of !@@ ... They seem to be staying away from me, you know I don't bite my [tongue] anymore, [@!@!]...FIRE ME. ...Make my day... .“

No other employees participated in this portion of the conversation.

ENFORCEMENTENFORCEMENT

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National Labor Relations Board (NLRB)National Labor Relations Board (NLRB)

Like a court system

Main office – Washington DC

50 offices

ALJ to hear cases

Closest Office in Nashville

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HOW TO FORM A UNIONHOW TO FORM A UNION

• Preliminary Organizing.– To see if support for a union– Several meetings

• Who gets to vote for union

• Who gets to be in the union?

Employees Employees

1. Employees - Not in Union

–Supervisors/Managers– Confidential Employees

– Plant guards

– Independent contractors (not considered employees)

Who is a Supervisor Who is a Supervisor

• Section 2(11) test : Can they hire, fire, assign work, direct the workforce, discipline

• independent judgment NOT just make recommendations.

In Common!!!!In Common!!!!

2. Employees in a union Must have a

COMMUNITY OF INTEREST:

•1. Job similarity

•2. Geographically

Bargaining UnitBargaining Unit

• Look at job – not person

• For example, if Wilma retires, and her former position as machinist is then filled by Sam, the bargaining unit does not change—only the people.

AUTHORIZATION CARDSAUTHORIZATION CARDS

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WHAT % MUST SIGN AN AUTHORIZATION CARD OF THE PROPOSED UNIT TO REQUEST AN ELECTION?

Filing the petition for electionFiling the petition for election

Then union takes cards to NLRB in Nashville and “petition” for an election.

What percent?

An elections is held somewhere between the next 30 to 60 days.

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ELECTION:

•1. NRLB conducted secret ballot election; or •2. by voluntary recognition by company – where the union presents authorization cards showing majority of the employees in the proposed bargaining unit want the union to be their exclusive bargaining representative.

•VW Plant

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Voluntary RecognitionVoluntary Recognition• A union that has over 50% signed

authorization card can be recognized as the employees representative by card check if employer allows.

• An employer can refuse to accept the results of a card check election and require a secret ballot election.

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Campaign for and against unionCampaign for and against union

• Petition filed – 60 days until election

• Both sides campaign for or against– If break law campaigning - call ULP– ULP – file with NLRB

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CampaignCampaign

• Employer tells union they cannot hand out brochures during lunch but let employees hand out brochures regarding cancer.

• Legal?

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Examples of Employers ULPExamples of Employers ULP

Threatening employees with loss of jobs or benefits if they should join or vote for a union.

Spying on union gatherings, or pretending to spy.

Handing out “pro employer” cups to see who takes them

•DISCRIMINATION

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Employer cannot discriminateEmployer cannot discriminate

Employer cannot1.Discriminate, in hiring, firing or in employment with regard to membership in a union or pro or anti union.

2.Where go to file discrimination?

Examples of ULPExamples of ULP

• Discharging employees because they urged other employees to join a union.

• Writing up employees who support a union

• Denying promotions because employee supports a union.

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Election DayElection Day

• Laboratory Conditions – during the election, no campaigning

• NLRB representative watches• Company and union get one

person to watch

ElectionElection

What percentage to win?

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If Union voted in, what happens next?

If Union voted in, what happens next?

• Union employees elect the Bargaining Committee (Executive Board)

• Negotiate CBA

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Collective BargainingCollective Bargaining

• CBA -

• Negotiate the terms and conditions of employment..

Must negotiate in good faith, but the law does not require that they reach an agreement.

BargainingBargaining

• If both sides cannot agree – Impasse

• Employer – NHL, NFL

• Union -

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Strikes and LockoutsStrikes and Lockouts

• Impasse –

• Union strikes OR

• Employer locks out employees

• Employer can hire replacement workers (often called “scabs). Often times, the ER and U agree to bring back the “old” employees as part of the negotiations.

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LockoutsLockouts

• Occurs when the employer shuts down to prevent employees from working.

• When an employer believes a strike is imminent.

• NFL, NHL locked out by owners.

Right to work lawRight to work law

• Right to work laws – do not have to join union if do not want to get the benefit of the CBA

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Decertification ElectionsDecertification Elections

• If employees do NOT want a union anymore, they file a decertification elections to end union

• Maybe they want a different union or none at all.

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