mana 3320 prewitt © 2010 south-western, a part of cengage learning. all rights reserved. 2– 1

MANA 3320Prewitt

© 2010 South-Western, a part of Cengage Learning. All rights reserved.

2–1

© 2010 South-Western, a part of Cengage Learning. All rights reserved. 14–2

1Test Your Labor Relations Know-How1. An auto mechanic applied for a job with an automotive dealership. He was denied

employment because of his union membership. Was the employer’s action lawful?______ Yes ______ No

2. During a labor organizing drive, supervisors questioned individual employees about their union beliefs. Was this questioning permissible?______ Yes ______ No

3. When members of a union began wearing union buttons at work, management ordered the buttons to be removed. Was management within its rights?______ Yes ______ No

4. While an organizing drive was under way, an employer agreed—as a social gesture—to furnish refreshments at a holiday party. Was the employer acting within the law?______ Yes ______ No

5. A company distributed to other antiunion employers in the area a list of job applicants known to be union supporters. Was the distribution unlawful?______ Yes ______ No

6. During a union organizing drive, the owner of Servo Pipe promised her employees a wage increase if they would vote against the union. Can the owner legally make this promise to her employees?______ Yes ______ No


1Test Your Labor Relations Know-How (cont’d)7. Employees have the right to file unfair labor practice charges against their employer even

when the organization is nonunion.______ Yes ______ No

8. The union wishes to arbitrate a member’s grievance, which management has demonstrated is completely groundless. Must management arbitrate the grievance?______ Yes ______ No

9. John Green, a maintenance engineer, has a poor work record. Management wishes to terminate his employment. However, Green is a union steward, and he is highly critical of the company. Can management legally discharge this employee?______ Yes ______ No

10. During an organizing drive, an office manager expressed strong antiunion beliefs and called union officials “racketeers,” “big stinkers,” and a “bunch of radicals.” He told employees who joined the union that they “ought to have their heads examined.” Were the manager’s comments legal?______ Yes ______ No

Railway Labor Act (RLA) of 1926 Norris LaGuardia Act (Anti-Injunction Act) Wagner Act (National labor Relations Act)

of 1935 Taft-Harley Act (Labor-Management

Relations Act) of 1947 Landrum-Griffin Act (Labor-Management

Disclosure Act) of 1959


Railway Labor Act (RLA) of 1926 Purpose of the act is to avoid service

interruptions resulting from disputes between railroads and their operating unions.

National Mediation Board National Railway Adjustment Board

Norris-LaGuardia Act of 1932 Restricts the ability of employers to obtain an

injunction against unions for their lawful activities.


Wagner Act (National Labor Relations Act)of 1935 Protects employee rights to organize and

bargain collectively through representatives of their choice.

Created the National Labor Relations Board (NLRB) to govern labor relations in the United States. Holds secret ballot union representation elections. Prevents and remedies unfair labor practices.


Section 7 of the Act guarantees employee rights: To self-organization, to form, join, or assist

labor organizations, to bargain collectively through freely chosen representatives.

To engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection.

To refrain from any or all of such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment.


Section 8 of the Wagner Act outlawed employer practices that deny employees their rights and benefits: Interference with Section 7 rights Domination of a union (company union) Discrimination against union members Arbitrary discharge of union members Refusal to bargain with the union


Taft-Hartley Act (The Labor-Management Relations Act) of 1947 Balances rights and duties of labor and management

in collective bargaining by defining unfair union practices.

Created the Federal Mediation and Conciliation Service (FMCS) to help resolve negotiating disputes.

Landrum-Griffin Act (Labor-Management Reporting and Disclosure Act) of 1959 Safeguards union member rights and prevents

racketeering and other unscrupulous practices by employers and union officers.


Unions are prohibited from: Interfering with Section 7 rights of employees Interfering with representation elections Influencing employers to discriminate with

regard to union membership Refusal to bargain collectively with employer Interference with certified employee

representative’s relationship with employer Assessment of excessive initiation fees and

dues on bargaining unit members “Featherbedding”


Union members have the right to: Nominate candidates for union office Vote in union elections or referendums Attend union meetings Participate in union meetings and vote on

union business Examine union accounts and records Bring suit against union officers as necessary

to protect union funds



FIGURE

14.1The Labor Relations Process

As a result of their economic needs(wages and benefits)

Dissatisfaction with managerial practices To fulfill social and status needs. Unionism is viewed as a way to achieve

results they cannot achieve acting individually

To comply with union-shop provisions of the labor agreement in effect where they work



Employee/Union Contact

Initial Organizational Meeting

Formation of In-House Committee

Election Petition and Voting Preparation

Contract Negotiations

Steps in the Steps in the OrganizingOrganizing

ProcessProcess


2United Food and Commercial Workers International Union Authorization Card

Political Involvement Neutrality Agreements Organizer Training Corporate Campaigns Information Technology


Union NOW!!

Stressing favorable employer-employee relationship experienced without a union.

Emphasize current advantages in wages, benefits, or working conditions the employees may enjoy

Emphasize unfavorable aspects of unionism: strikes, union dues, abuses of legal rights

Use statistics to show that unions commit large numbers of unfair labor practices.

Initiate legal action when union members and leaders engage in unfair labor practices



3Employer “Don’ts” during Union Organizing Campaigns

Union organizing drives are emotionally charged events. Furthermore, labor law, NLRB rulings, and court decisions greatly affect the behavior and actions of management and union representatives. During the drive, managers and supervisors should avoid the following:

• Attending union meetings, spying on employee-union gatherings, or questioning employees about the content of union meetings

• Questioning present or current employees about their union sentiments, particularly about how they might vote in a union election

• Threatening or terminating employees for their union support or beliefs

• Changing the working conditions of employees because they actively work for the union or simply support its ideals

• Supplying the names, addresses, and phone numbers of employees to union representatives or other employees sympathetic to the union

• Promising employees improvements in working conditions (wage increases, benefit improvements, and so on) if they vote against the union

• Accepting or reviewing union authorization cards or prounion petitions, because employees’ names are listed on these documents

Bargaining Unit A group of two or more employees who share

common employment interests and conditions and may reasonably be grouped together for purposes of collective bargaining.

Exclusive Representation The legal right and responsibility of the union

to represent all bargaining unit members equally, regardless of whether employees join the union or not.



4NLRB

Election Poster

Representation Election Process Preelection Hearing:

NLRB certifies that 30 percent of eligible employees in bargaining unit have signed authorization cards and sets date for election.

Election: NLRB conducts secret ballot election. If union wins the

majority of votes in the election, NLRB certifies the union as the exclusive bargaining unit representative with which the employer must collectively bargain.

Certification on Card Check: If least 50 percent of employees within the bargaining

unit sign authorization cards, then the union may request recognition by the employer.


Control of Labor Costs Wages and benefits are higher in union

organizations compared to similar nonunion organizations.

Challenges to Management Prerogatives Unions can have a significant effect on

management decisions about employees. Loss of Supervisory Authority

Unionization restricts the freedom of management to formulate HR policy unilaterally and can challenge the authority of supervisors.


Craft Unions Represent skilled craft workers

Industrial Unions Represent all workers—skilled, semiskilled,

unskilled—employed along industry lines Employee Associations

Represent various groups of professional and white-collar employees in labor-management relations.



GENERAL BOARDGENERAL BOARDExecutive members and Executive members and principal officer of each principal officer of each international union affiliateinternational union affiliate

Meets upon call of federation Meets upon call of federation president of executive councilpresident of executive council

Standing Standing committeescommittees

Staff Staff departmentsdepartments

Affiliated national and Affiliated national and international unionsinternational unions

Local unions of national Local unions of national and international unionsand international unions

Local unions affiliated Local unions affiliated directly with AFL-CIOdirectly with AFL-CIO

Affiliated state bodiesAffiliated state bodies

Local bodiesLocal bodies

The “House of Labor” Disseminates labor policy developed by leaders of

affiliated unions. Coordinates organizing activities among affiliated

unions. Provides research and other assistance through its

various departments. Lobbies before legislative bodies on labor subjects Publicizes the concerns and benefits of

unionization Resolves disputes between different unions



Local Union Meeting (Normally Monthly)

President

Business Representative

Various Committee Chairpersons

Vice-Presidents

Secretary/Treasurer

Sergeant at Arms

Training and Education

Grievance Committee:

Chief Steward and Shop Stewards

Collective Bargaining

Social

Local Union Members

Local Officers Elected officials who lead the union and serve on

the bargaining committee for a new contract. Union Steward

An employee, as a nonpaid union official, represents the interests of members in their relations with management.

Business Unionism The term applied to the goals of U.S. labor

organizations, which collectively bargain wages, hours, job security, and working conditions.


Challenges to Public Sector Unionization: No national-level public sector labor relations laws Public employees’ wages and working conditions

set by law Collective bargaining for federal employees governed

by executive orders and the Civil Service Reform Act of 1978

Various public civil service systems address public employee complaints or grievances

Substitution of compulsory binding arbitration for the guaranteed right to strike


Compulsory Binding Arbitration A process for employees such as police

officers, firefighters, and others in jobs where strikes cannot be tolerated to reach agreement.

Final-offer Arbitration The arbitrator must select one or the other of

the final offers submitted by the disputing parties with the award is likely to go to the party whose final bargaining offer has moved the closest toward a reasonable settlement.



FIGURE

14.2The Collective Bargaining Process

Collective Bargaining Process The process of negotiating a labor agreement,

including the use of economic pressures by both parties.

Bargaining Zone Area within which the union and the employer

are willing to concede when bargaining. Interest-based Bargaining

Problem-solving bargaining based on a win-win philosophy and the development of a positive long-term relationship.


Good Faith Bargaining Requirements Meetings to be held at reasonable times and

places to discuss employment conditions. Proposals and counterproposals submitted by

each party must be realistic and reasonable. Both parties must sign a written document of

the agreement reached through negotiations Interest-based Bargaining

Problem-solving bargaining based on a win-win philosophy and the development of a positive long-term relationship.



MandatorySubjects

PermissiveSubjects

IllegalSubjects

Bargaining Subject Categories


FIGURE

14.3The Bargaining Zone and Negotiation Influences


5Items in a Labor Agreement

Bargaining Power The power of labor and management to

achieve their goals through economic, social, or political influence.

Union Bargaining Power Strikes, pickets, and boycotts

Management Bargaining Power Hiring permanent replacement workers Continuing operations staffed by management Locking out employees



PicketingStrikingBoycotting

BoycottOur

EmployerThis UnionOn Strike

UnfairOn

StrikeDon’t

Buy Here


Demanding concessions

Locking out workers

Management methods for applying economic pressure during bargaining:

Outsourcing normal work

Hiring replacement workers

Dues Checkoff Gives the employer the responsibility of

withholding union dues from the paychecks of union members who agree to such a deduction.

“Shop” Agreements Require employees to join or support the union. Union shop requires employee membership. Agency shop allows voluntary membership;

employee must pay union dues and fees.



FIGURE

14.4Five-Step Grievance Procedure

Rights Arbitration Arbitration over interpretation of the meaning

of contract terms or employee work grievances.

Fair Representation Doctrine The doctrine under which unions have a legal

obligation to provide assistance to both members and nonmembers in labor relations matters.



Submission agreement and awardsSubmission agreement and awards

Rights arbitration and EEO conflictsRights arbitration and EEO conflicts

Issues in deciding to use arbitration as a method for dispute resolution

Use of binding arbitrationUse of binding arbitration

Fair Representation DoctrineFair Representation Doctrine

Methods for choosing an arbitratorMethods for choosing an arbitrator

The arbitrator declares the hearing open and obtains the submission agreement.

Parties present opening statements. Each side presents its case using

witnesses and evidence; witnesses can be cross examined.

Parties make closing statements. Arbitrator closes hearing and designates

date and time for rendering the award.© 2010 South-Western, a part of

Cengage Learning. All rights reserved. 14–43

Factors arbitrators use to decide cases: The wording of the labor agreement (or

employment policy in nonunion organizations). The submission agreement (statement of

problem to be solved) as presented to the arbitrator.

Testimony and evidence offered during the hearing.

Arbitration criteria or standards (similar to standards of common law) against which cases are judged.



Employers’ focus on Employers’ focus on maintaining nonunion statusmaintaining nonunion status

Foreign competition and Foreign competition and technological changetechnological change

The long-term decrease in The long-term decrease in union membershipunion membership

Issues confronting unionsIssues confronting unions


arbitrator

authorization card

bargaining power

bargaining unit

bargaining zone

business unionism

collective bargaining process

craft unions

employee associations

exclusive representation

fair representation doctrine

grievance procedure

industrial unions

interest-based bargaining

labor relations process

rights arbitration

unfair labor practices (ULPs)

union shop

union steward

mana 3320 prewitt © 2010 south-western, a part of cengage learning. all rights reserved. 2– 1

Documents