Week 13: Labor Relations

Why do employees join a union?

What agencies & laws regulate

labor practices?

What is organizing, collective baragaining and contract administration?

What is the role of the manager in union relations?

What is the role of HR in union relations?

What is a labor union?

An organization that represents

employees' interests in....

Wagner Act

(National Labor Relations Act 1935)

Designed to protect employee rights to form and join unions

Created the National Labor Relations Board (NLRB):

• Admininster certification elections
• Prevent and remedy unlawful acts (unfair labor practices)
• Identified five illegal labor practices

Five illegal labor practices:

• Do not keep employees from forming unions or collective bargaining

• Do not dominate or interfere with the formation or administration of a union or provide financial support for union

• Do not discriminate against employee to encourage or discourage union membership

• Do not discharge or discriminate against employee who filed charges (gave testimony) under Act

• Do not refuse to bargain collectively with the union that employees chose

Taft-Hartley Act 1947

• Designed to limit some of the power unions acquired under the Wagner Act
• Right-to-work law (most controversial) – a state law that makes it illegal within that state for a union to include a union shop clause in its contract (currently 22 states)
• Made closed shops illegal (Landrum-Griffin Act later made an exception for the construction industry)
• Allows for decertification of a union
• Created the Federal Mediation and Conciliation Service

Landrum-Griffin Act 1959

• Designed to protect union members and their participation in union affairs, allows the government to regulate union activities:
• Each union has a bill of rights to ensure minimum standards of internal union democracy

• Each union must give their constitution to Department of Labor

• Each union must report its financial activities and financial interests of leaders to Department of Labor

• Union elections are regulated by government

• Union leaders have fiduciary responsibility to use union money and property for the membership, not for own personal gain

New Proposed Legislation

Employee Free Choice Act (EFCA) - Amend the Wagner Act (NLRA)

• Change the currently existing procedure to require the NLRB to certify the union as the bargaining representative without directing an election if a majority of employees signed cards

• It would take away employers' present ability to decide whether to use only the card-check process or to hold a secret-ballot election

• The proposed legislation would also establish stricter penalties for employers who violate provisions of the NLRA when workers seek to form a union, and set in place new mediation and arbitration procedures for disputes

AP Parts Toledo, Ohio Strike 1985

Who are unions targeting today?

Labor Relations Policies

Union Acceptance Strategy

Union Avoidance Strategy

• Union Substitution Strategy
• Union Suppression Strategy

1. Generate interst in union among employees

2.Collect signed authorization cards

3. Petition NLRB to hold election

Pre-Election Conduct - Management Cannot:

• Threaten
• Intimidate
• Promise
• Conduct surveillance

Management Can:

• Make speeches as to why union is not needed
• Employ a consultant
• Send personal letters to employees
• Show videos and other material portraying union negatively
• Summarize and communicate all the good things company has done for emplyees

4. Secret ballot election is held

5. Union signs up members and elects officers

6. Collective bargaining over first contract

Good Faith Bargaining

• Both parties meet and confer with each other at reasonable time and place
• Both parties negotiate over wages, hours and conditions of employment
• Both parties sign a written contract that formalizes their agreement

7. Labor contract signed

8. Grievance procedure used to resolve discputes

Impasse In Bargaining

• Economic Strike
• Wildcat Strike
• Picketing
• Boycott
• Slowdown
• Lockout

Resolving Impasse

• Mediation
• Arbitration

Phases of Labor Relations

(cc) image by nuonsolarteam on Flickr

Why did union membership decline?

Six unfair union labor practices:

• Cannot influence employer’s choice of representation in collective bargaining

• Causing or attempting to cause an employer to discriminate against any employee who is not a member of the union

• Refusing to bargain with employer in good faith

• Asking or requiring its members to boycott products made by a firm engaged in a labor dispute with another union

• Never charge employees excessive or discriminatory union dues as a condition of membership

• Never ask an employer to pay for services that are not performed

Toledo, Ohio Autolite Strike - 1934

Employer rights

Individual rights

Labor Relations and the

Legal Environment

Why do employees join labor unions?

To operate free from any interference

To choose their representatives or choose to not be represented by a union

To organize and bargain for their members

Job dissatisfaction

Perceived lack of influence

Bad management

Union rights

Watch a video about all the strikes that lead to the passing of the Taft-Hartley Act in 1947

wages & benefits

working hours

working conditions

Presentation

Objectives

3

4

2

5

1

Why do employees join unions?

What is organizing, collective bargaining and contract administration?

Overview

Working

with

Organized Labor