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WHERE WE ARE NOW…
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Give a brief history of the American labor movement.
Discuss the main features of at least three major pieces of labor legislation.
Present examples of what to expect during the union drive and election.
Describe five ways to lose an NLRB election.
Illustrate with examples bargaining that is not in good faith.
Develop a grievance procedure.
LEARNING OUTCOMES
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The Labor Movement
1790 Skilled craftsmen organize into trade unions.
1869 The Knights of Labor seek social and political reform.
1886 American Federation of Labor pursues bread-and-butter issues and improved working conditions.
1935 National Labor Relations Act fosters organizing and the rapid growth of labor unions.
1947 Taft-Hartley Act regulates union activities.
1955 AFL and CIO merge.
1970s Union membership peaks and begins to steadily decline.
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Why Do Workers Organize?
Solidarity
To get their fair share
Improved wages, hours, working conditions, and benefits
To protect themselves from management whims
Conditions Favoring Employee Organization
Low morale
Fear of job loss
Arbitrary management actions
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What Do Unions Want?
Increased workplace security for the union
Improved wages, hours, working conditions, job security, and benefits
Union Bargaining Aims
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Union Security
Closed shop
Open shop
Union shop
Types of Union Security
Agency shop
Membership maintenance
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Union Security (cont’d)
Right to Work Laws
Section 14(b) of the Taft-Hartley Act
Permits states to ban the requirement of union membership as a condition of employment and to forbid the negotiation of compulsory union membership provisions.
Twenty-three “right to work” states ban all forms of union security which greatly inhibits union formation in those states.
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The AFL-CIO
The American Federation of Labor and Congress of Industrial Organizations (AFL-CIO)
A voluntary federation of about 56 national and international labor unions in the United States
Structure of the AFL-CIO
Local unions
National unions
National federation
Change to Win Coalition
Six large unions that split from the AFL-CIO
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Unions and the Law:
Period of Strong Encouragement
The Norris-LaGuardia Act of 1932
Guaranteed to each employee the right to bargain collectively “free from interference, restraint, or coercion”
Declared yellow dog contracts unenforceable
Limited the courts’ abilities to issue injunctions (stop orders) for organizing activities
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Unions and the Law:
Period of Strong Encouragement (cont’d)
National Labor Relations or Wagner Act of 1935
Banned certain unfair labor practices of employers
Provided for secret-ballot elections and majority rule for determining whether a firm’s employees would unionize
Created the National Labor Relations Board (NLRB) to enforce the act’s provisions
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Unfair Employer Labor Practices
To “interface with, restrain, or coerce employees” in exercising their right of self-organization
To dominate or interfere with either the formation or the administration of labor unions
To discriminate against employees for legal union activities
To discharge or discriminate against employees who file unfair practice charges against the company
To refuse to bargain collectively with their employees’ representatives
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FIGURE 15–1 NLRB Form 501: Filing an Unfair Labor Practice
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Unions and the Law:
Encouragement and Regulation
Taft-Hartley (Labor Management Relations) Act of 1947
Prohibited unfair union labor practices
Enumerated the rights of employees as union members
Enumerated the rights of employers
Allowed the United States President to seek an injunction to temporarily bar a national emergency strike for 60 days
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Unfair Union Labor Practices
To restrain or coerce employees from exercising their guaranteed bargaining rights.
To cause an employer to discriminate against employees in order to encourage or discourage their membership in a union.
To refuse to bargain in good faith with the employer about wages, hours, and other employment conditions. Certain strikes and boycotts are also unfair practices.
To engage in “featherbedding” (requiring an employer to pay an employee for services not performed).
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Taft-Hartley and Employers’ Rights
Employer Rights
To express views concerning union organization
To set forth the union’s record
Employer Restraints
Must avoid threats, promises, coercion, and direct interference with workers’ organizing decision
Cannot meet with employees on company time within 24 hours of an election
Cannot suggest employees vote against the union (in private, while they are out of their work area)
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Unions and the Law:
Detailed Regulation of Union Internal Affairs
Landrum-Griffin Act (the Labor Management Reporting and Disclosure Act) of 1959
Contains a bill of rights for union members
Nomination of candidates for union office
Protects a member’s right to sue his or her union
Ensures no member can be fined or suspended without due process
Laid out rules regarding union elections
Regulated union election cycles and who can serve as union officers
Expanded list of corrupt union and employer practices
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The Union Drive and Election
Step 1. Initial Contact
The union determines employees’ interest in organizing, and sets up an organizing committee.
Labor relations consultants
Union salting
Step 2. Obtaining Authorization Cards
30% of eligible employees in an appropriate bargaining unit must sign cards authorizing the union to petition the NLRB for an election.
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The Organizing Drive
Obtaining Authorization Cards
Let the union seek a representation election.
Designate the union as a bargaining representative in all employment matters.
State that the employee has applied for membership in the union and will be subject to union rules and bylaws.
Can be collected and distributed by unions through the Internet.
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The Organizing Drive (cont’d)
Employer Responses to Organizing
Can attack the union on ethical and moral grounds and cite the cost of union membership
Cannot make promises of benefits
Cannot make unilateral changes in terms and conditions of employment that were not planned to be implemented prior to the onset of union organizing activity
Can inform employees of their right to revoke their authorization cards
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The Organizing Drive (cont’d)
Union Activities During Organizing
Unions can picket the firm, subject to three constraints:
It must file a petition for an election within 30 days after the start of picketing.
The firm cannot already be lawfully recognizing another union.
There cannot have been a valid NLRB election during the past 12 months.
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The Union Drive and Election (cont’d)
Step 3. Hold a Hearing
Consent election
Employer chooses not to contest union recognition at all.
Stipulated election
The employer chooses not to contest:
The union’s right to an election
Scope of the bargaining unit
Which employees are eligible to vote in the election
Contesting the union’s right to an election
An employer can insist on an NLRB hearing to determine if employees wish to elect a union to represent them.
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FIGURE 15–2 NLRB Form 852: Notice of Representation Hearing
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NLRB Hearing Officer’s Duties
Determining if the record indicates there is enough evidence to hold an election
Did 30% of the employees in an appropriate bargaining unit sign the authorization cards?
Deciding what the bargaining unit will be
The bargaining unit is the group of employees that the union will be authorized to represent and bargain for collectively.
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The Union Drive and Election (cont’d)
Step 4. The Campaign
Both sides present their platforms.
Step 5. The Election
Held within 30 to 60 days after the NLRB issues its Decision and Direction of Election.
The election is by secret ballot; the NLRB provides and counts the ballots.
The union becomes the employees’ representative by getting a majority of the votes cast in the election.
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FIGURE 15–3 Sample NLRB Ballot
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How to Lose a NLRB Election
Reason 1. Asleep at the Switch
Reason 2. Appointing a Committee
Reason 3. Concentrating on Money and Benefits
Reason 4. Industry Blind Spots
Reason 5. Delegating Too Much to Divisions
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The Union Drive and Election (cont’d)
The Supervisor’s Role
Unfair labor practices by supervisors:
Could cause the NLRB to hold a new election after the company has won a previous election.
Could cause the company to forfeit the second election and go directly to contract negotiation.
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FIGURE 15–4 Union Avoidance: What Not to Do
Watch what you say. Angry feelings of the moment may get you in trouble.
Never threaten workers with what you will do or what will happen if a union comes in. Do not say, for example, that the business will close or move, that wages will go down or overtime will be eliminated, that there will be layoffs, etc.
Don’t tell union sympathizers that they will suffer in any way for their support. Don’t terminate or discipline workers for engaging in union activities.
Don’t interrogate workers about union sympathizers or organizers.
Don’t ask workers to remove union screensavers or campaign buttons if you allow these things for other organizations.
Don’t treat pro-union or anti-union workers any differently.
Don’t transfer workers on the basis of union affiliation or sympathies.
Don’t ask workers how they are going to vote or how others may vote.
Don’t ask employees about union meetings or any matters related to unions. You can listen, but don’t ask for details.
Don’t promise workers benefits, promotions, or anything else if they vote against the union.
Avoid becoming involved—in any way—in the details of the union’s election or campaign, and don’t participate in any petition movement against the union.
Don’t give financial aid or any support to any unions.
Any one of these practices may result in a finding of “unfair labor practices,” which may in turn result in recognition of a union without an election, as well as fines for your firm.
Human resources professionals must be very careful to do the following during union activities at their firms:
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Rules Regarding Literature and Solicitation
Nonemployees can be barred from soliciting employees during their work time.
Employees can be stopped from soliciting other employees if one or both employees are on paid-duty time and not on a break.
Employers can bar nonemployees from the building’s interiors and work areas as a right of private property owners.
On- or off-duty employees can be denied access to interior or exterior areas for reasons of production, safety, or discipline.
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The Collective Bargaining Process
What Is Collective Bargaining?
Both management and labor are required by law to negotiate wages, hours, and terms and conditions of employment “in good faith.”
What Is Good Faith Bargaining?
Both parties communicate and negotiate.
They match proposals with counterproposals in a reasonable effort to arrive at an agreement.
Neither party can compel the other to agree to a proposal or to make any specific concessions.
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Violations of Good Faith Bargaining
Surface bargaining
Inadequate concessions
Inadequate proposals and demands
Dilatory tactics
Imposing conditions
Making unilateral changes in conditions
Bypassing the representative
Committing unfair labor practices during negotiations
Withholding information
Ignoring bargaining items
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Preparing for Negotiations
Sources of Negotiating Information
Local and industry pay and benefits comparisons
Distribution of demographics of the workforce
Benefit costs, overall earnings levels, and the amount and cost of overtime
Cost of the current labor contract and the increased cost—total, per employee, and per hour—of the union’s demands
Grievances and feedback from supervisors
Attitude surveys of employees
Informal conferences with local union leaders
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Classes of Bargaining Items
Mandatory items
Illegal items
Bargaining Item Categories
Voluntary items
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TABLE 15–1 Bargaining Items
Mandatory
Permissible
Illegal
Rates of pay
Wages
Hours of employment
Overtime pay
Shift differentials
Holidays
Vacations
Severance pay
Pensions
Insurance benefits
Profit-sharing plans
Christmas bonuses
Company housing, meals, and discounts
Employee security
Job performance
Union security
Management–union relationship
Drug testing of employees
Indemnity bonds
Management rights as to union affairs
Pension benefits of retired employees
Scope of the bargaining unit
Including supervisors in the contract
Additional parties to the contract such as the international union
Use of union label
Settlement of unfair labor charges
Prices in cafeteria
Continuance of past contract
Membership of bargaining team
Employment of strike breaker
Closed shop
Separation of employees based on race
Discriminatory treatment
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Bargaining Stages
Presentation of initial demands
Both parties are usually quite far apart on some issues.
Reduction of demands
Each side trades off some of its demands to gain others.
Subcommittee studies
The parties form joint subcommittees to try to work out reasonable alternatives.
An informal settlement
Each group goes back to its sponsor.
Union members vote to ratify the agreement.
Signing the formal agreement
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Bargaining Hints
Be sure to set clear objectives for every bargaining item, and be sure you understand the reason for each.
Do not hurry.
When in doubt, caucus with your associates.
Be well prepared with data supporting your position.
Strive to keep some flexibility in your position.
Don’t concern yourself just with what the other party says and does; find out why.
Respect importance of face saving for the other party.
Be alert to the real intentions of the other party—not only for goals, but also for priorities.
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Bargaining Hints (cont’d)
Be a good listener.
Build a reputation for being fair but firm.
Learn to control your emotions and use them as a tool.
As you make each bargaining move, be sure you know its relationship to all other moves.
Measure each move against your objectives.
Remember that collective bargaining is a compromise process. There is no such thing as having all the pie.
Try to understand the people and their personalities.
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When Bargaining Stops
An Impasse
Usually occurs because one party is demanding more than the other will offer.
Sometimes an impasse can be resolved through a third party—a disinterested person such as a mediator or arbitrator.
If the impasse is not resolved:
The union may call a work stoppage, or strike, to put pressure on management.
Management may lock out employees.
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Resolution of an Impasse
Mediation
Arbitration
Third Party Involvement
Fact finding
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Third-Party Involvement
Mediation
A neutral third party (mediator) tries to assist the principals in reaching an agreement by holding meetings with each party to find common ground for further bargaining.
The mediator is a go-between and has no authority to dictate terms or make concessions.
The mediator communicates assessments of the likelihood of a strike, the possible settlement packages available, and the like.
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FIGURE 15–5 FCMS Form F-53: Online Request Form for Federal Mediation
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Third-Party Involvement (cont’d)
Fact Finder
A neutral party who studies the issues in a dispute and makes a public recommendation for a reasonable settlement.
Arbitration
An arbitrator often has the power to determine and dictate the settlement terms.
Binding arbitration can guarantee a solution to an impasse.
Interest arbitration for labor agreements
Rights arbitration defines the terms of existing contracts
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Resolving an Impasse: Union Strikes
Economic strike
Unfair labor practice strike
Wildcat strike
Sympathy strike
Types of Strikes
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Pressure Tactic Alternatives
Unions
Picketing
Corporate campaign
Boycott
Inside games
Injunctions
Employers
Replacement workers
Lockouts
Injunctions
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Main Sections of a Contract Agreement
Management rights
Union security and automatic payroll dues deduction
Grievance procedures
Arbitration of grievances
Disciplinary procedures
Compensation rates
Hours of work and overtime
Benefits: vacations, holidays, insurance, pensions
Health and safety provisions
Employee security seniority provisions
Contract expiration date
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Grievances
Grievance
Any factor involving wages, hours, or conditions of employment that is used as a complaint against the employer
Sources of Grievances
Discipline
Seniority
Job evaluations
Work assignments
Overtime
Vacations
Incentive plans
Holiday pay
Problem employees
Absenteeism
Insubordination
Plant rules
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FIGURE 15–6 Sample Online Grievance Form
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Grievance Procedure
Grievant and shop steward meet with supervisor.
If not resolved, employee files formal grievance
Grievant and shop steward meet with supervisor’s boss.
If grievance is not resolved, meeting with higher-level managers.
If not resolved, matter goes to arbitration.
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Handling Grievances: Do
Investigate and handle each case as though it may eventually result in arbitration.
Talk with the employee about his or her grievance; give the person a full hearing.
Require the union to identify specific contractual provisions allegedly violated.
Comply with the contractual time limits for handling the grievance.
Visit the work area of the grievance.
Determine whether there were any witnesses.
Examine the grievant’s personnel record.
Fully examine prior grievance records.
Treat the union representative as your equal.
Hold your grievance discussions privately.
Fully inform your own supervisor of grievance matters.
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Handling Grievances: Don’t
Discuss the case with the union steward alone—the grievant should be there.
Make arrangements with individual employees that are inconsistent with the labor agreement.
Hold back the remedy if the company is wrong.
Admit to the binding effect of a past practice.
Relinquish to the union your rights as a manager.
Settle grievances on what is “fair.” Stick to the labor agreement.
Bargain over items not covered by the contract.
Treat as subject to arbitration claims demanding discipline or discharge of managers.
Give long written grievance answers.
Trade a grievance settlement for a grievance withdrawal.
Deny grievances because “your hands are tied by management.”
Agree to informal amendments in the contract.
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The Union Movement Today
and Tomorrow
Reasons for the Decline in Union Membership
Laws have taken over much of the union’s role as the workers’ protector.
Automation, globalization, and technology have reduced jobs in unionized manufacturing sectors.
Unions have failed to organize new plants.
Management has become better at resisting union-organizing efforts.
Upswing Coming?
Unions have been more aggressive lately in organizing public sector workers and white-collar workers.
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Public Employees and Unions
Size of Public Unions
The National Education Association; the American Federation of State, County, and Municipal Employees; and the American Federation of Teachers—are among the largest . unions.
Laws Supporting Public Sector Organizing
Executive Order 10988
Recognized organizing rights of public sector employees
Title VII of the Civil Service Reform Act of 1978 (known as the Federal Labor Relations Act)
Established the Federal Labor Relations Authority
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Organizing professionals and white-collar employees
Pushing “card check” for union recognition
Filing class action lawsuits to support workers
Forming alliances with overseas unions
New Union Tactics
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High-Performance Work Systems, Employee Participation, and Unions
To avoid having participation programs viewed as sham unions:
Involve employees in the formation of programs.
Emphasize that programs exist only to address issues such as quality and productivity.
Don’t establish programs when union organizing activities are beginning.
Use volunteers and rotate membership.
Minimize management participation in programs to avoid interference or the perception of domination.
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K E Y T E R M S
closed shop
union shop
agency shop
preferential shop
right to work
Norris-LaGuardia Act (1932)
National Labor Relations (or Wagner) Act
National Labor Relations Board (NLRB)
Taft-Hartley Act (1947)
national emergency strikes
Landrum-Griffin Act (1959)
union salting
authorization cards
bargaining unit
decertification
collective bargaining
good faith bargaining
voluntary (or permissible) bargaining items
illegal bargaining items
mandatory bargaining items
impasse
mediation
fact finder
arbitration
strike
economic strike
unfair labor practice strike
wildcat strike
sympathy strike
picketing
corporate campaign
boycott
inside games
lockout
injunction
grievance procedure
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All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publisher. Printed in the United States of America.
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Human Resources Management 12e Gary Dessler
Human Resources Management 12e Gary Dessler
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Copyright © 2011 Pearson Education, Inc. publishing as Prentice Hall
Human Resources Management 12e Gary Dessler
Human Resources Management 12e Gary Dessler
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The main purpose of this chapter is to help you deal effectively with unions and grievances. After briefly discussing the history of the American labor movement, we describe the basic labor law, including unfair labor practices. We explain labor negotiations, including the union actions you can expect during the union campaign and election. And we explain what you can expect during the actual bargaining sessions, and how to handle grievances.
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Human Resources Management 12e Gary Dessler
Human Resources Management 12e Gary Dessler
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Copyright © 2011 Pearson Education, Inc. publishing as Prentice Hall
Human Resources Management 12e Gary Dessler
Human Resources Management 12e Gary Dessler
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To understand what unions want, it is useful to understand “where they’ve been.” The history of the . union movement has been one of alternate expansion and contraction that mirrors economic, social, and political changes.
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Human Resources Management 12e Gary Dessler
Human Resources Management 12e Gary Dessler
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There is no simple answer to this question, partly because each worker probably joins for his or her own reasons.
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Human Resources Management 12e Gary Dessler
Human Resources Management 12e Gary Dessler
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We can generalize by saying that unions have two sets of aims, one for union security and one for improved wages, hours, working conditions, and benefits for their members.
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Human Resources Management 12e Gary Dessler
Human Resources Management 12e Gary Dessler
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Five types of union security are possible.
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Human Resources Management 12e Gary Dessler
Human Resources Management 12e Gary Dessler
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Not all states give unions the right to require union membership as a condition of employment. Right to work is a term used to describe “state statutory or constitutional provisions banning the requirement of union membership as a condition of employment.”
Right-to-work laws don’t outlaw unions. They do outlaw (within those states) any form of union security which inhibits union formation in those states.
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Human Resources Management 12e Gary Dessler
Human Resources Management 12e Gary Dessler
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The separate AFL and CIO merged in 1955. There are three layers in the structure of the AFL-CIO (and most other . unions). Union federation membership is in flux.
Several years ago, six big unions—the Service Employees’ International Union (SEIU), the International Brotherhood of Teamsters, the United Food and Commercial Workers, the United Farm Workers, the Laborers International Union, and UNITE HERE left the AFL-CIO and established their own federation, called the Change to Win Coalition.
UNITE HERE has since rejoined the AFL-CIO.
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Human Resources Management 12e Gary Dessler
Human Resources Management 12e Gary Dessler
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The Norris-LaGuardia Act of 1932 set the stage for a new era in which union activity was encouraged. Yet this act did little to restrain employers from fighting labor organizations by whatever means they could find.
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Human Resources Management 12e Gary Dessler
Human Resources Management 12e Gary Dessler
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in 1935, Congress passed the National Labor Relations (or Wagner) Act to add teeth to the Norris-LaGuardia Act.
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The Wagner Act deemed as “statutory wrongs” (but not crimes) five unfair labor practices used by employers.
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Unions file an unfair labor practice charge (shown in Figure 15-1) with the National Labor Relations Board. The board then investigates the charge and decides if it should take action. Possible actions include dismissal of the complaint, a request for an injunction against the employer, or an order that the employer cease and desist.
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Passage of the Taft-Hartley (or Labor Management Relations) Act of 1947 reflected the public’s less enthusiastic attitude toward unions and labor strife.
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The Taft-Hartley Act enumerated several labor practices that unions were prohibited from engaging in. The Taft-Hartley Act protected the rights of employees against their unions in other ways.
Many people felt that compulsory unionism violated the basic right of freedom of association. Legitimized by Taft-Hartley, new right-to-work laws quickly sprung up in 19 (now 23) states (mainly in the South and Southwest).
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The Taft-Hartley Act also explicitly gave employers certain rights and imposed certain restraints on their actions toward employees seeking to unionize.
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In the 1950s, Senate investigations revealed unsavory practices on the part of some unions, and the result was the Landrum-Griffin Act (officially, the Labor Management Reporting and Disclosure Act) of 1959. The aim of this act was to protect union members from possible wrongdoing on the part of their unions.
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During the initial contact stage, the union determines the employees’ interest in organizing, and establishes an organizing committee.
For the union to petition the NLRB for the right to hold an election, it must show that a sizable number of employees may be interested in organizing. The next step is thus for union organizers to try to get the employees to sign authorization cards.
Both management and unions typically use “labor relations consultants,” and these are increasingly influencing the unionization process. Unions engage in “union salting” in placing of union members on nonunion job sites for the purpose of organizing.
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These cards authorize the union to seek a representation election and state that the employee has applied to join the union.
Thirty percent of the eligible employees in an appropriate bargaining unit must sign before the union can petition the NLRB for an election.
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Management can take several steps with respect to the authorization cards themselves.
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During the organizing stage, unions can picket the company, subject to three constraints.
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Once the union collects the authorization cards, one of three things listed on the slide can occur.
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Figure 15-2 depicts NLRB Form 852 which the examiner sends to both management and the union to notify them of the time and place of the representation hearing.
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The hearing officer must address several issues. If your firm disagrees with the examiner’s bargaining unit decision, it can challenge the decision and request a separate NLRB ruling.
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During the campaign that precedes the election, union and employer appeal to employees for their votes. The union will emphasize that it will prevent unfairness, set up grievance and seniority systems, and improve wages. Management will stress that improvements like those don’t require unions and that wages are equal to or better than they would be with a union.
The election occurs within 30 to 60 days after the NLRB issues its Decision and Direction of Election. The election is by secret ballot; the NLRB provides the ballots (Figure 15-3), voting booth, and ballot box, and counts the votes and certifies the results.
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Figure 15-3 is a sample NLRB Ballot.
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Over the years, unions typically won about 55% of elections held each year. According to expert Matthew Goodfellow, there is no sure way employers can win elections. However, there are five ways to lose one.
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Supervisors are an employer’s first line of defense when it comes to the unionizing effort. They are often in the best position to sense evolving employee attitude problems, for instance, and to discover the first signs of union activity. Unfortunately, there’s another side to that coin: They can also inadvertently take actions that hurt their employer’s union-related efforts.
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Figure 15-4 summarizes things supervisors should keep in mind during the union organizing drive.
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The employer can legally take steps to restrict union-organizing activities on its premises.
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When and if the union becomes your employees’ representative, a day is set for management and labor to meet and negotiate a labor agreement. This agreement will contain specific provisions covering wages, hours, and working conditions.
Both management and labor are required by law to negotiate wages, hours, and terms and conditions of employment “in good faith.”
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Managers and unions must be careful to avoid bargaining practices that can result in violations of good faith bargaining.
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Preparing for bargaining begins with becoming familiar with the factors affecting the important items over which bargaining will occur.
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In practice, saying one must bargain over “wages, hours, and working conditions” is too broad. Labor law sets out categories of specific items that are subject (or not) to bargaining: These are mandatory, voluntary, and illegal items.
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Table 15-1 presents the three categories of bargaining items.
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Bargaining typically goes through several stages.
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In collective bargaining, an impasse occurs when the parties are not able to move further toward settlement.
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Negotiators use three types of third-party interventions to overcome an impasse: mediation, fact finding, and arbitration.
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Negotiators use three types of third-party interventions to overcome an impasse: mediation, fact finding, and arbitration.
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Various public and professional agencies make arbitrators and mediators available. For example, the American Arbitration Association (AAA) represents and provides the services of thousands of arbitrators and mediators to employers and unions.
Figure 15-5 shows the online request form for the . government’s Federal Mediation and Conciliation Service which provides both arbitrators and mediators.
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Negotiators use various interventions to overcome an impasse, such as fact finding and differing forms of arbitration.
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A strike is a withdrawal of labor, and there are four main types of strikes.
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Picketing, or having employees carry signs announcing their concerns near the employer’s place of business, is one of the first activities to occur during a strike. Employers can make several responses when they become the object of a strike.
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An actual contract agreement may be a 20- or 30-page document; it may be even longer. It may contain just general declarations of policy, or detailed rules and procedures. The tendency today is toward the longer, more detailed contract. This is largely a result of the increased number of items the agreements have been covering.
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No labor contract can cover all contingencies and answer all questions. The labor contract’s grievance procedure usually handles problems like these. The grievance procedure provides an orderly system whereby both employer and union determine whether some action violated the contract.
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Figure 15-6 shows an online grievance record form.
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Most collective bargaining contracts contain a specific grievance procedure. It lists the steps in the procedure, time limits associated with each step, and specific rules such as “all charges of contract violation must be reduced to writing.” Virtually every labor agreement signed today contains a grievance procedure clause.
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About 35% of the non-farm . workforce belonged to unions in the 1960s. Recently, that figure dropped to about %.
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One bright spot for the union movement is their success in organizing federal, state, and municipal workers. The unions’ success here reflects, in part, years of changes in public-sector collective-bargaining and labor relations legislation.
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Unions are making inroads with professionals and white-collar workers. Unions are pushing Congress to pass the Employee Free Choice Act that would make it easier to organize employees through “card checks.”
Unions recently used class action lawsuits to support workers’ claims under the Fair Labor Standards Act and the Equal Pay Act.
Unions are strengthening alliances with unions in other nations, with the goal of uniting workers in specific multinational companies and industries around the globe.
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For some unions, employee participation is too much of a good thing. Many employers encourage employees to work together in quality circles and similar worker participation teams. The aim is to help solve work-related problems and create high-performance work systems.
Many unions believe that the result, if not the motive, of such programs is to usurp unions’ traditional duties.
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