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THE EVOLUTION OF LABOR UNIONS
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Chapter Objectives Describe the partnering of labor and
management that is evolving in some sectors.
Describe the labor movement prior to 1930.
Identify the major labor legislation that was passed after 1930.
Explain unionization in the public sector.
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Chapter Objectives (Continued)
Describe the broad objectives characterizing the labor movement as a whole.
Describe union growth strategies. Explain the reasons why employees join
unions. Describe the basic structure of the union.
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Chapter Objectives (Continued)
Identify the steps involved in establishing the collective bargaining relationship.
Explain union strategies in obtaining bargaining unit recognition.
Explain union decertification. Describe the state of unions today.
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The Labor Movement Before 1930
Has been neither simple nor straightforward
Evolution of American society from agrarian to industrial economy
Trends favored management English common law basis Conspiracy – two or more people
banded together to prejudice rights of others or society How union activity was viewed at that time
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The Labor Movement Before 1930 (Continued)
Injunction – legal procedures used by employers to prevent union activities, such as strikes and unionization activities
Yellow-dog contract – written agreement between employee and company prohibiting worker from joining a union or union activities
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The Labor Movement Before 1930 (Continued)
Noble Order of the Knights of Labor – founded as a secret society in 1869; nucleus became American Federation of Labor (AFL) Samuel Gompers
Sherman Anti-Trust Act (1890) – entrance of federal government into statutory regulation of labor organizations; the first and foremost labor legislation in modern US history “Trust-busting”, aimed at preventing business
monopolies
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The Labor Movement After 1930 Swing from management toward labor
Anti-Injunction Act (Norris-Laguardia Act) of 1932 – rendered “yellow dog” contracts unenforceable
National Labor Relations Act (Wagner Act or NLRA) of 1935 – ratified in Congress in 1937, still highly influential today
Labor Management Act (Taft-Hartley Act or LMRA) of 1947 - amended the Wagner Act and sought to rebalance power between labor and the employer; for the first time, created union unfair labor practices
Labor-Management Reporting and Disclosure Act (Landrum-Griffin Act) – 1959 – Precipitated by Congressional hearings on corruption in labor unions, and compelled strong self-policing and oversight of union activities
Homeland Security Act of 2002
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Anti-Injunction Act (Norris-Laguardia Act) of 1932
Sanctions collective bargaining Approves formation and
operation of labor unions Severely restricted federal
courts’ authority regarding labor disputes
Made yellow-dog contracts unenforceable
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National Labor Relations Act (Wagner Act) of 1935
National Labor Relations Board (NLRB) created Establish procedures for and
monitoring of elections Gives employees the right to join and
form unions Delineated employer unfair labor
practices Gives properly certified labor
organizations exclusive representation of all employees in the bargaining unit
Investigate complaints and prevent unlawful acts involving unfair labor practices by management
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Labor Management Relations Act (Taft-Hartley Act) of 1947
Extended concept of unfair labor practices to unions – created six specific union ULP’s
Outlawed the “closed shop” which required membership in the representing union to be hired
Permitted states to enact right-to-work laws
Government intervention in national emergency strikes Air traffic controllers during the Reagan
administration
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Labor-Management Reporting and Disclosure Act (Landrum-
Griffin Act) -- 1959
Bill of rights for union members, including secret ballots, guaranteed due process in internal union discipline matters, and allowed members to sue unions
Requires unions to adopt constitutions, bylaws, and to file annual financial reports
Requires periodic union election of officers using secret ballots
Requires extensive reporting on internal union activities Severe penalties for violations
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Homeland Security Act of 2002
• New cabinet-level agency responsible for border security, emergency preparedness, biological warfare, intelligence analysis, and protection of the President
• President can waive Civil Service collective bargaining rights if direct negotiations with the union fail and the federal mediation service is unable to resolve
• Cabinet-level leadership
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The Public Sector
Executive Order 10988 in 1962
Established collective bargaining in federal government
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Employee Associations
Many employee Many employee associations associations pursuing collective pursuing collective bargaining bargaining relationshipsrelationships
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Union Objectives
GrowthGrowth – to maximize – to maximize effectiveness, union needs effectiveness, union needs continual growthcontinual growth
PowerPower – influenced by size of – influenced by size of membership and possibility of membership and possibility of future growthfuture growth
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Union Growth Strategies
Pulling the union through Political involvement
Union salting Flooding communities with organizers
Political awareness campaigns Building organizing funds
Cyberunion Befriending laid-off workers
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Why Employees Join Unions
Dissatisfaction with management
Social outlet Opportunity for
leadership Forced unionization Peer pressure
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Dissatisfaction with Management
Compensation Job Security Management
Attitude
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Union Structure
Local union National (or international)
union American Federation of Labor
and Congress of Industrial Organizations (AFL-CIO)
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Local Union
Basic unit in American labor movement
Deals with employer on day-to-day basis
Craft union Industrial union
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National (or International) Union Most powerful level in union structure Composed of local unions Holds membership in national union Governed by national constitution Meets every two to five years Active in organizing workers Engaged in collective bargaining at
national level Assists locals in their negotiations
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American Federation of Labor and Congress of Industrial
Organizations (AFL-CIO) Federation of 68 national and international
labor unions Represents 13 million members Represents labor interests at highest level Does not engage in collective bargaining Financed by member national unions Governed by national convention
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The Structure of the AFL-CIO Convention Meets biennially
Executive Council President, Secretary-Treasurer, and 33 Vice Presidents Meets at least three times a year
General Board Executive Council members and principal officer of each international union affiliate
Meets on call of Federation President or
Executive Council
Executive Officers President and Secretary-Treasurer
National Headquarters Standing Committees
Staff Departments
Department or Organization and
Field Services
Regional Directors
Trade and Industrial Departments
Building, Food, Metal, and Maritime Trades,
Industrial Union, Public and Railway Employees, Union
Label
Local Dept. Councils
Affiliated National and International Unions Affiliated State Bodies
Local Bodies
Local unions affiliated directly with AFL-CIO
Local Unions of National and International Unions
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Establishing the Collective Bargaining Relationship: Union
Certification
Bargaining unit consists of employees (not necessarily union members) recognized by employer or certified by administrative agency as appropriate for representation by labor organization for purposes of collective bargaining
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The Steps That Lead to Forming a Bargaining Unit External Environment
Internal Environment
Signing of Authorization
Cards
Petition for
Election
Election Campaign
Election and
Certification
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Signing Authorization Cards
A document indicating employee wants to be represented by labor organization in collective bargaining
Is there sufficient interest on the part of employees to justify the unit?
Evidence of interest when at least 30% of employees in workgroup sign authorization cards
Usually need 50% to proceed
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Petition for Election
After authorization cards have been signed, petition for election made to regional NLRB office
NLRB will ordinarily direct that an election be held within 30 days
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Election Campaign
Both union and management usually promote their causes actively
Threaten loss of jobs or benefits Misstate important facts Incite racial or religious prejudice
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Election and Certification
NLRB monitors secret-ballot election on date set
Board will issue certification of results to participants
If majority of employees vote for union, NLRB will certify
Process does not require either party to make concessions; it only compels them to bargain in good faith
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Union Strategies in Obtaining Bargaining Unit Recognition
Try to make first move Search for groups of employees to organize
Attempts to locate general patterns of dissatisfaction
Must, ultimately, abandon secret activities Utilize peer pressure to encourage and
expand unionization
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Union Decertification
Essentially the reverse of the process that employees must follow to be recognized as an official bargaining unit
Employees have used decertification petitions with increasing frequency and success
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Decertification Procedure
Rules established by NLRB At least 30% must petition for
election Petition submitted 60-90 days prior
to expiration of current contract Schedule decertification election If majority of votes against union,
employees will be union free
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Management and Decertification
If management wants union decertified, must be active rather than passive
Effective first-line supervisors Effective communication Trust and openness Effective compensation programs Effective employee and labor
relations
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Unions Today
Fall of Big Labor since 1970s has been dramatic
Unionized share of private sector workforce is 9 percent
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Percentage of the Private Workforce That is Unionized
0
10
20
30
40
1950 1955 1960 1965 1970 1975 1980 1985 1994 1996 2002
Year
Percentage of Workforce40
30
20
10
0
9