Unions
Chapter 22
HOW DO STATE AND FEDERAL
GOVERNMENTS REGULATE EMPLOYMENT?

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The U.S. Constitution gives the federal
government certain powers and reserves
other powers to the states and to the people
themselves
In certain areas both state and federal laws
exist. They are usually in harmony, but if
there is conflict the federal law prevails.
HISTORY OF LABOR LAWS

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Yellow-dog contracts employment contracts
in which the employee could be terminated
for joining a union
Ex parte injunction an injunction issued by
a judge after hearing only one side of an
argument
WHAT IS THE NATIONAL LABOR
RELATIONS BOARD?

A federal administrative agency that
administers the rights and duties given to
workers, employer, and unions
HOW ARE UNIONS
ESTABLISHED?

Workers need to complete a series of steps.
• Determine which employees should be
represented together.
• Bargaining unit within a unionized company, any
group of employees whose employment contract is
negotiated together
• The organizers must obtain employee
signatures on forms asking the NLRB to
conduct a representation election
• certification when the NLRB acknowledges the
union as the exclusive bargaining agent
• If a union does not obtain a majority, it may not call
for another election for one year
• decertification election employees can reject union
representation or select a different union
• Managerial employees are not permitted to vote
or to be represented by a union
HOW DOES UNION CERTIFICATION
AFFECT EMPLOYEES?
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Whether or not they are union members, all
workers in each bargaining unit are bound
by the collective agreement reached
between the union and the employer.
Workers are not required to join a union
unless the employer has agreed to have a
union shop.
• Union shop nonunion employees may be hired, but they
must join the union within a stated maximum period,
usually thirty days
• agency shop employees are not required to join the
union, but if they do not, they must nevertheless pay
union dues as a condition of employment
• open shop employees are not required to belong to a
union or to pay dues
• closed shop the employer agrees that workers must
belong to the recognized union before they can be hired
• has been outlawed by the Labor Management Relations
Act
• right-to-work laws these laws prohibit compulsory
union membership and ban the union shop, closed shop,
and agency shop
• unions may function but only with open shops
WHAT ARE UNFAIR LABOR
PRACTICES BY MANAGEMENT?

Unfair labor practices certain actions of employers
that are prohibited
• unfair labor practice for management to interfere with
employees’ efforts to form, join, or assist unions
• unfair labor practice for management to encourage or to
discourage union membership
• blacklist placing their names on a list of pro-union persons and
sending it to other employers with the purpose of making it
difficult for the employees to find work
• unfair labor practice for management to dominate a
union or to give it financial or other support
• unfair labor practice for management to refuse to
bargain in good faith with the union
WHAT ARE UNFAIR LABOR
PRACTICES BY UNIONS?

Unfair labor practices by unions
• unfair labor practice for unions to refuse to bargain
collectively in good faith with the employer
• unfair labor practice for unions to attempt to force
an employer to pay for featherbedding- payment
for services not performed
• unfair labor practice for uncertified unions to picket
to try to force the employer to bargain with that
union
• picket patrol the employer’s property with signs
• unfair labor practice for unions to engage in certain
kinds of strikes and boycotts
• strike a work stoppage by a group to force an employer to
give in to union demands
• lockout occurs when an employer temporarily closes down
operations to induce the union to agree to the employer’s
proposals
• unfair labor practice for unions to require payment of
an excessive or discriminatory fee for initiation into the
union
• unfair labor practice for unions to force or to attempt to
force employees to support that union or to restrain
employees from supporting competing unions
• an unfair labor practice for unions to cause or to
attempt to cause an employer to discriminate against an
employee because of union-related activities
WHAT IS COLLECTIVE
BARGAINING?

Collective bargaining the process whereby
the union and the employer negotiate a
contract of employment that binds both
sides
• deadlocked when the union and employer
cannot agree on important issues
• mediation a mediator talks with both sides and
attempts to achieve a compromise
WHEN MAY A UNION STRIKE?
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economic strike one where the dispute is over wages,
hours, or conditions of employment
unfair labor practice strike one where the dispute is over
unfair labor practices
The president of the U.S. has the power to obtain an
injunction in federal court forcing a cooling off period of
eighty days when a national emergency strike is
threatened.
• cooling-off period cessation of a labor dispute by federal
court order for a period of eight days when a national
emergency strike is threatened
• national emergency strike one that involves national defense
or major industries, or would have substantial effect on the
nations economy
WHEN MAY A UNION
BOYCOTT?
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boycott a refusal to buy or to use someone’s
products or services
primary boycott involves the employees’
refusals to buy their employer’s products or
services
secondary boycott boycott directed mainly
against third parties who deal with the
struck employer