Labor Relations
Test Your Labor Relations Know-How
1.
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
Test 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
Impact of Unions
Staffing
Employee Development
Compensation
Employee Relations
Major Labor Laws
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
Government Regulation of Labor
Relations
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 (NLRA) Act

Generally applies to all employers involved in
interstate commerce other than airlines, railroads,
agriculture, and government.
Government Regulation of Labor
Relations
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.
Wagner (NLRA) Act
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.
Unfair Labor Practices (ULPs)
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
Amendment to the Wagner Act
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.
Unfair Union Practices (TaftHartley Act)
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
Another Amendment to the
Wagner Act
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.
Landrum-Griffen Act of 1959
Each union must have a bill of rights for union members to ensure
minimum standards of internal union democracy.
Each union must adopt a constitution and provide copies of it to
the Department of Labor.
Each union must report its financial activities and the financial
interests of its leaders to the Department of Labor.
Union elections are regulated by the government, and union
members have the right to participate in secret ballot elections.
Union leaders have fiduciary responsibility to not use union money
and property for their own personal gain.
The Labor Relations Process
Why Employees Unionize
United Food and Commercial Workers International Union Authorization
Card
Aggressive Organizing Tactics
Political Involvement
Neutrality Agreements
Organizer Training
Corporate Campaigns
Information Technology
Union NOW!!
OUR CONCERNS
UNION
NO UNION
Wages and Other
Compensation.
Spelled out in the
Contract
SECRET - privately
negotiated by
management.
Raises.
Will be bargained for
everyone and everyone
votes.
Favoritism can determine
individual raises.
Discipline/Dismissal.
The Union will defend
you with Legal
Assistance and a
Grievance Process.
You are an "AT WILL"
employee. Good luck,
you're on your own.
Problems on the Job.
Your VOICE is heard. You Their way or the
have a Grievance
highway.
Process.
Service Employees International Union
Employer Tactics Opposing
Unionization
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
Initiate legal action when union members and leaders
engage in unfair labor practices
TIPS for Pre-election Conduct
Threats

It is unlawful to threaten employees with theoretical dire
consequences should the union win the election.
Intimidation

Employers by law cannot intimidate or coerce employees to vote
against the union.
Promises

Management cannot promise employees benefits or reward if
they vote against the union.
Surveillance

It is unlawful to secretly or overtly spy on organizing meetings.
The Labor Relations Process
1. Union organizing


Demonstrating interest
NLRB Election
2. Collective bargaining

“Good faith” bargaining
3. Contract administration


Hiring, training, and job design
Grievance procedures
How Employees Become
Unionized
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.
Union Organizing Process
Showing interest

NLRB requires 30% of employees sign authorization cards to
conduct an election.
Election petition filed

The Local presents the cards to the NLRB with a request that it
conduct an election.
Election date set

The union, an employer representative, and the NLRB set an
election date.
NLRB election (secret ballot)

Employees decide by a secret ballot if you want a union to begin
negotiations with your employer.
NLRB Representation Election
Representation Election Process

Preelection Hearing:


Election:


NLRB certifies that 30 percent of eligible employees in
bargaining unit have signed authorization cards and sets
date for 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 at least 50 percent of employees within the bargaining unit
sign authorization cards, then the union may request
recognition by the employer.