Labor Union

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Labor UnionA labor union is an organization of employees

that uses collective action to advance its

members’ interests in regard to wages

and working conditions.

Industrial unions include all the employees in a

company or industry, regardless of occupation.

Craft unions include workers who belong

to one craft or to closely related group

of occupations.

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Labor Relations

Labor relations is the continuous relationship

between a defined group of employees

and management. The relationship includes

the negotiation of a written contract

concerning pay, hours, and other terms and

conditions of employment as well as the

interpretation and administration of this

contract over its period of coverage.

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History of Unions

KNIGHTSOF LABORKNIGHTS

OF LABOR

AFLAFL

CIOCIO

Established one large union for employees and local unions from all crafts and occupational areas in 1869.

Established to include only skilled tradespeople in 1886.

Expanded the United Mine workers to include industrial and mass production workers in 1935. Later merged with the AFL in 1955 (AFL-CIO).

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National Labor Relations Act (Wagner Act)Encouraged the growth of trade unionsRestrained management from interfering with union growthPlaced the government in a more active, pro-labor roleEstablished the National Labor Relations Board

(NLRB)(NLRB) to regulate and enforce the lawSets up union certification electionsInvestigates complaints of unfair labor practices

Primary Labor Law Legislation:Private Sector

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Taft-Hartley Act

The Labor-Management Relations Act amended the Wagner Act.

Management's’ response to rise in members rolls from 3 million to 5 million.

Provided the president 80-day injunction against strikes.

Unions forbidden to deduct union dues withoutwritten permission.

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The Landrum-Griffin Act

Designated to regulate the internal affairs of unions.Also referred to as the bill of rights of union

members, and allows members to.nominate candidates for union office.vote in union elections.attend union meetings.

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Structure & Management of Unions:Four Levels

Federation Of Unions(e.g., AFL-CIO)

Intermediate Union Bodies(e.g., regional & district offices)

National Unions(e.g., International Brotherhood of Teamsters)

Local Unions (e.g., local craft or industrial unions)

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Employee Reasons for Joining Unions

Job security Socialization and group membership Safe and healthy working conditions Communication link to management Fair compensation

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Primary Labor Law Legislation (Public Sector)

EXECUTIVE ORDER 10988Began the process of creating a federal collective

bargaining systemIncluded a strong management rights clause banning

strikes and union shops

EXECUTIVE ORDER 11419Gave the Secretary of Labor authority to enforce

public sector labor-management relations

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Primary Labor Law Legislation (Public Sector)

EXECUTIVE ORDER 11823Requires federal agencies to bargain with their employees on all issues

CIVIL SERVICE REFORM ACT (1978)Placed federal employees’ labor rights under the

Federal Labor Relations Authority

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Collective Bargaining

Collective bargaining is a process by

which the representatives of the

organization meet and attempt to work

out a contract with the employees’

representative--the union.

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Collective Bargaining:Basic Types

DISTRIBUTIVE BARGAININGWhen labor and management are in conflict on an

issue and the outcome is a win-lose situation

INTEGRATIVE BARGAININGWhen two sides face a common

problem and seek a win-win solution

CONCESSION BARGAININGWhen something of importance is given back to

management

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Administering the Contract DISCIPLINE

Most contracts retain management’s right to discipline employees

Typical expectation is to follow legal due process

GRIEVANCESAre complaints, whether valid or not, about organizational

policiesExhibit 16-10 illustrates a four-step procedure

ARBITRATIONIs a quasi-judicial process where a neutral third party provides a

binding settlement (award) for unresolvable disputesTypically follows the first three steps in Exhibit 16-10

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Union Organizing Trends

1. General attitudes improving

2. Declining membership

3. Scope of organizing campaigns shifting to:Professional and better-educated workersService workersKnowledge workers

4. Unions are investing heavily in:Better member services Innovative organizing techniques like the internet

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Labor Relations

The continuous relationship between a defined group of employees and managers regarding:

Workingconditions

Discipline

Hiringand

Promotions

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National Labor Relations Act (Wagner Act)

National Labor Relations Act (Wagner Act)

Encourage the growth oftrade unions and restrainmanagement from inter-fering with this growth.

Encourage the growth oftrade unions and restrainmanagement from inter-fering with this growth.

• Right to bargain collectively • Limitations on bargaining

• Representation

• Certification/decert/ elections

• Terms of agreements

• Problem of company unions

• The right to strike

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Types of Union Shops

Restricted

Open

ClosedPreferential

Agency

Union

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Open ShopEmployees have freedom to determine if they want or need a union

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Agency ShopAll non-management All non-management employees mustemployees must pay union dues whether pay union dues whether or not they are members or not they are members of the unionof the union

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Preferential ShopPreferential Shop

Union is recognized Union is recognized by managementby managementand given preferential and given preferential treatmenttreatment

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Union ShopUnion ShopRequires employee to Requires employee to join union after beingjoin union after being hired. Must follow hired. Must follow union rulesunion rules

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Closed ShopClosed ShopNew employees New employees must be union must be union membersmembers when hiredwhen hired

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Maintenance of Maintenance of membershipmembership

Members cannotMembers cannot resign during resign during term of contractterm of contract

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Mandatory Subjects of Mandatory Subjects of Bargaining Bargaining

•Rates of pay /wages.Rates of pay /wages.•Hours.Hours.•Benefits.Benefits.•Seniority.Seniority.

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Subjects of BargainingSubjects of Bargaining•Grievances. Grievances.

• Safety Practices.Safety Practices.•Layoffs.Layoffs.

•Recalls.Recalls.•Disciplines.Disciplines.•Other Conditions of Other Conditions of EmploymentEmployment..

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StrikesStrikesEconomicEconomic• Retain Status, Retain Status, • Cannot be disciplinedCannot be disciplined• Can be replacedCan be replacedULPULP• Cannot be disciplinedCannot be disciplined• Cannot be replacedCannot be replaced

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Collective bargaining is the process by which unions and management establish the terms and conditions of employment.

Collective Bargaining

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Establishing the Bargaining Unit

Private sector Railway and airline sector Postal sector Federal sector

Public sector

General Motors, Xerox, NLRB

Illinois Central, Delta, NMB

NLRB

Assistant Secretary of Laborfor Labor-Management Relations

California Highway Patrol,New York Sanitation

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Union OppositionUnion Opposition

Positive labor relations without a union

Legal campaigns Unfair labor practices

(union busting)

Always remember “TIPS”



(union busting)

Always remember “TIPS”

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Role of the NLRB

Questioning is donefairly about unionmembership.

Checks union information

for accuracy. No final presentations

within 24 hours

before election.

Concerning the Employer:

No threats or intimidation's are used to gain

votes. Guards the employees against union promises of special treatment. No final presentations within 24 hours before election.

Concerning the Employee:

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Types of Collective BargainingTypes of Collective Bargaining Types of Collective BargainingTypes of Collective Bargaining

Distributivebargaining

Concessionbargaining

Integrativebargaining

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Steps for Negotiating

Pre-negotiation

Selecting negotiators

Developing a bargaining strategy

Using the best tactics

Reaching a formal contractual agreement

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Using the Best Tactics

Power bargaining

Conflict-based Armed truce

Accommodation Cooperation

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Absence of Good Faith

Unwillingness to make counterproposalsConstantly changing positionsThe use of delaying tacticsWithdrawing concessions Refusal to provide necessary data

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Bargaining Impasse

A bargaining impasse can occur because:

The settlement ranges of the negotiating parties do not overlap. One or both sides may have failed to communicate information. Union leadership did not bargain in good faith.

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What to do if confronted by a union organizer

Remove him from your premisesDo not accept or touch any representation cardsDo not threaten, intimidate , promise or spy (TIPS)Be wary of “SALTS.”Always enforce your “No Solicitation” policyKeep your eyes and ears open for employee changes

MeetingsQuestions on benefitsEmployee arguments

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How should you handle suspected “SALTS”

Treat them as you would any candidate for employmentDo not engage in any illegal hiring practicesDo not confrontDocument all actionsDo not threaten, intimidate or promiseSearch and find the best candidate

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Three way to avoid a unionThree way to avoid a union



(union busting)



(union busting)

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Typical Unfair Labor Practices“TIPS”Failure to bargain in good faithWildcat strikesArbitrary LockoutsPermanent replacement of workers during a legal strikeCausing an employer to discriminateCharging excessive dues or feesOrganizational or informational picketingManagement giving financial assistance to the unionSecondary boycott or jurisdictional strikesFeatherbedding

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Documents

Labor Union