Outline A. Sectoral Organizing and the Trigger? 1. Union Membership and Dues 2.Structure of Organized Labor 3.Bargaining Structures 4.The Bargaining Process 5.Bargaining Subjects Mandatory, Permissive and Illegal Returns Review questions Do more than 10 and I’ll count the 10 highest grades News of the Class Railway Labor Act governs airline workers Note current fight over how union votes should be counted Labor Mural in Maine sparks Controversy Are we clear on these ideas: Taking wages out of competition and triggers 5. Lerner argues that unions need to stop organizing workplace by workplace, and begin organizing entire industries at once in order to “takes wages out of competition.” Try to explain how organizing an entire industry at once “takes wages out of competition,” being sure to discuss how this changes employer behavior toward unions. 6. In his opening paragraph, Eimer suggests that SEIU has developed a strategy that “seeks to organize whole labor markets at once using a trigger mechanism which is sensitive to the competitive pressures employers face when confronted with the costs of unionization(Eimer 2008: 1). After reading the article, please explain what that statement means. Be sure to discuss what is meant by competitive pressures and trigger mechanisms. 7. Eimer argues that trigger mechanisms reduce employer opposition to unions. How? What evidence does he provide to support this assertion? The Organizing Process Collective Bargaining cannot take place until a bargaining representative has been certified To gain certification, unions pursue one of two paths Path 1: Normally, a union must win an election to be certified as the exclusive representative of the employees Path 2: An employer may voluntarily recognize a union if the union can demonstrate that it represents a majority of the employees NLRA and the Duty to Bargain Since the NLRA was passed in 1935, Employers are obligated to recognize and bargain if union is certified by NLRB 1 year duty to bargain in good faith After 1 year, employer can withdraw recognition if proves union does not have majority support About 50 percent of the time, no first contract is reached… Decertification election This is a problem for unions…which they are trying to address legislatively through EFCA One Important Subject of Bargaining is Membership Union shop – within set period of time after hire, employees required to join the union as a condition of employment Agency shop Requires that all employees in the bargaining unit who do not join the union pay a representation fee in lieu of union dues to help defray the organizations expenses – Logic Workers get benefits of unionization, so must help pay for the costs that the union occurs in bargaining and enforcing the contract “Right to work” laws Workers can not be required to join union as a condition of employment 21 states adopt such laws…primarily in the South WI’s new law Right to free ride or Right to Work Unions are only certified when majority indicate desire for organization Unions are required by law to represent all workers so all workers should have to support organization Company rule about unions is no different than a rule about proper attire…If worker does not like rule they are free to work elsewhere or to work to decertify the union Individual workers should not be forced to support an organization that they do not want to support Decertification is a difficult process The Conflict in WI The Conflict in Indiana: How would you vote? Union Membership Means Union Dues Members Pay Union Dues To Local Average dues are 2 hours of pay per month Local unions keep ½ $ Spent on overhead, enforce contract, bargain, organizing, strike support etc. Sometimes for paid staff… NJEA Sheet Union Membership Union Membership Means Union Dues Members Pay Union Dues To Local Average dues are 2 hours of pay per month Local unions keep ½ $ Spent on overhead, enforce contract, bargain, organizing, strike support etc. Sometimes for paid staff… Where does the other ½ go? So you’re in a unit, where do those dues go? Local Pays Per Capita Dues to: Per-capita= x dollars or cents per member State Union- bargaining help, grievance help, research, education, training, politics New Jersey Education Association Cherry Hill National Education Association So you’re in a unit, where do those dues go? Local Pays Per Capita Dues to: National Union-bargaining help, grievance help, research, education, training, politics, lobbying, organizing National NEA NJEA Cherry Hill NEA So you’re in a unit, where do those dues go? Local May Also Pays Per Capita Dues to: State & Local AFL-CIO- education, training, publicity, politics, lobbying National NEA NJ AFL-CIO NJ NEA South Jersey AFL-CIO (Central Labor Council) Cherry Hill NEA Cherry Hill NEA Plumbers Local 1 Teamsters Local 2 So you’re in a unit, where do those dues go? National Union Pays Per Capita Dues to: AFL-CIO: research, education, training, politics, lobbying, organizing National AFL-CIO National AFL-CIO National NEA NJ AFL-CIO NJ NEA South Jersey AFL-CIO (Central Labor Council) Cherry Hill NEA Cherry Hill NEA Plumbers Local 1 Teamsters Local 2 O.K…Back to the Local Union… Remember… NLRB decides what the bargaining unit will be on a case by case basis Key: mutuality of interest in wages, hours and working conditions Greater the mutuality = greater likelihood that members will agree on things, and thus CB will work better Formal bargaining structure is defined as the employees and employers who are legally bound by the terms of the agreement About 180,000-194,000 agreements exist in the U.S. (Katz & Kochan, 2002) Bargaining Units Vary in Type Need to be attentive to scope of union or employee interests in the unit These interests can be narrow craft Cops, Firefighters, Teachers, Electricians Broad industrial or multi-skill Grocery, Katz & Kochan, 2002 Auto, Steel Bargaining Units Vary in Type… Need to be attentive to scope of employer interests in the unit Can be multiemployer (centralized) Bituminous Coal Operators Association Association of many coal operators New York Realty Advisory Board Centralized Bargaining for: Multi Employer and Craft Union Industry Wide Bargaining: Regional (West Coast) Acme Shipping Consolidated Shipping Thrifty Shipping Oversea Shipping Pacific Maritime Association ILWU Local 1 Local 2 Local 3 Local 4 Centralized Bargaining: Multi Employer & Industrial Union Industry Wide Bargaining: National Piedmont Coal Pittston Coal Rockefeller Coal Black Coal BCOA UMWA Local 1 Local 2 Local 3 Local 4 Types & Examples of Bargaining Structure Multi-employer (Centralized) Craft (narrow) Construction Long shoring Industrial/Multi Coal -Skill Grocery (Broad) Bargaining Units Vary in Type… Need to be attentive to scope of employer interests in the unit Can be multiemployer (centralized) Bitumionous Single-employer, Ford Coal Operators Association multi-plant operations in America Single Employer, Multi Plant Ford United Autoworkers Local 1: Detroit Local 2: Chester Local 2: Milwaukee Types & Examples of Bargaining Structure: Scope varies… Multi-employer SingleEmployer(Centralized) Multi-Site Craft (narrow) Construction Long shoring Industrial/Multi Coal -Skill Grocery (Broad) Airline Teachers Firefighters State Troopers Auto Steel Single Employer Multi Plant & Pattern Bargaining Pattern Bargaining A national union strives to establish equal wages and benefits from several employers in the same industry. One company serves as model, others pushed to follow pattern UAW typically targets most profitable firm at the moment…cuts deal and tries to get other two to follow pattern Treaty of Detroit as Example Target Ford…get GM and Chrysler to follow Becoming less and less common as unions become weaker Bargaining Units Vary in Type… Need to be attentive to scope of employer interests in the unit Can be multiemployer (centralized) Bitumionous Coal Operators Association Single-employer, multi-plant Ford Single-employer, Bronx single plant (decentralized) Motts Apple Sauce Plant and Local Union Single Employer, One Union Motts Plant Retail, Wholesale and Department Store Union Local 1 Types & Examples of Bargaining Structure: Scope varies… Craft (narrow) Multi-employer SingleEmployer(Centralized) Multi-Site Single EmployerSingle Site (Decentralized) Construction Long shoring Airline Teachers Firefighters State Troopers Electricians in a small plant Lawyers for the City of Philadephia Auto Steel State Govt. Industrial Union in a small plant Chester Public Sector Workers Industrial/Multi Coal -Skill Grocery (Broad) Bargaining Units Vary in Type… Need to be attentive to scope of employer interests in the unit Can be multiemployer (centralized) Single-employer, multi-plant Bitumionous Coal Operators Association Ford Single-employer, single plant (decentralized) Eimer Blankets Which model does Stephen Lerner argue allows for stronger unions that can win better contracts for its workers? Katz & Kochan, 2002 The Decentralization of Bargaining Structure in the United States Compared to other countries, the U.S. has a highly decentralized bargaining structure Multi-employer bargaining is not common in US In many European countries, contracts cover entire industries or broad regions European employers are now trying to change this…unions are resisting Take a look at the following slides… Industry Wide Bargaining with Inclusive Industrial Unions: Germany LTV Steel Waukesha Engine Ford GM US Steel Metal Industry Employers Association BARGAIN PERTAINS TO ENTIRE INDUSTRY Metal Workers Union Workers at LTV Steel Workers at Waukesha Engines (small machine shop) Workers at US Steel Workers at GM Workers at Ford Societal Bargaining with National Labor Federation Comprised of Industrial Unions: Sweden for much of 20th century Metal Industry Employers Association Transportation Industry Employers Association Construction Industry Employers Association Electrical Industry Employers Association National Employers Federation BARGAIN PERTAINS TO MOST OF SOCIETY National Labor Federation Metal Workers Union Electrical Workers Union Construction Workers Union Transportation Workers Union The Duty to Bargain Whether new union or existing union, bargaining must occur in “Good Faith” …surface bargaining not permitted Surface bargaining going through the motions with no intent on reaching a deal Both parties have an obligation to bargain in good faith with an intent to reach an agreement Parties don’t have to agree or be fair…but have to put forth a serious effort The New York Times reports owners have gone before the National Labor Relations Board, claiming the players’ union did not bargain in good faith The Three Stages of The Bargaining Process Select Union Preparation Stage (Analysis and Planning) Negotiating Team Select Management Negotiating Team Preparation for Bargaining Preparation for Bargaining Ground Rules Union: rank & file, Staff, representative of Exchange of Economic and Noneconomic Demands Posturing, Exchange of Proposals and Counterproposals membership Management: Human Resource Managers; Legal staff Agreement Crisis Ratification by Union Impasse Contract Job Action Hiring of Replacements (or) Resolution of Impasse Agreement Ratification by Union Contract 5-4 Bargaining… 2. Chaison notes that collective bargaining has two faces: “it is first about getting agreement before going to the bargaining table and then getting agreement at the table.” Please explain what he means by the first part of that sentence: “it is first about getting agreement before going to the bargaining table.” Be sure to provide an example to illustrate your explanation. The Three Stages of The Bargaining Process Select Union Preparation Stage (Analysis and Planning) Negotiating Team Select Management Negotiating Team Preparation for Bargaining Preparation for Bargaining Ground Rules Gather info: Union: Polls, meetings, Exchange of Economic and Noneconomic Demands Review grievances, Posturing, Exchange of Proposals and Counterproposals Economic research Agreement Crisis Management: economic Analysis, grievance review Ratification by Union Impasse Contract Job Action Hiring of Replacements (or) Resolution of Impasse Agreement Ratification by Union Contract 5-4 The Three Stages of The Bargaining Process Select Union Preparation Stage (Analysis and Planning) Negotiating Team Select Management Negotiating Team Preparation for Bargaining Preparation for Bargaining Ground Rules Bargaining Stage Exchange of Economic and Noneconomic Demands Posturing, Exchange of Proposals and Counterproposals Where, when, how long, talk to press? Agreement Crisis Ratification by Union Impasse Contract Job Action Hiring of Replacements (or) Resolution of Impasse Agreement Ratification by Union Contract 5-4 The Three Stages of The Bargaining Process Select Union Preparation Stage (Analysis and Planning) Negotiating Team Select Management Negotiating Team Preparation for Bargaining Preparation for Bargaining Ground Rules Bargaining Stage Exchange of Economic and Noneconomic Demands Posturing, Exchange of Proposals and Counterproposals Agreement Crisis Ratification by Union Impasse Contract Job Action Hiring of Replacements (or) Resolution of Impasse Agreement Ratification by Union Contract 5-4 Bargaining Exchange of economic and non-econmic demands 1. Briefly explain the difference between distributive and integrative bargaining. Be sure to provide an example of each. Bargaining 1. Briefly explain the difference between distributive and integrative bargaining. Be sure to provide an example of each. Distributive deals with distribution of scarce resources, usually pay and benefits (Chaison 2007: 105) Zero sum: meaning if workers get 3% raise, that’s money the firm loses Integrative deals with areas in which “both parties gain together because they integrate their goals to solve problems jointly (Chaison 2007: 105) Freeman emphasized this…work together to solve staffing needs Posturing, Exchanging proposals etc… SEIU strategy on revealing its wage demand for Janitors in NYC? Bargaining… Posturing, Exchanging proposals etc… SEIU strategy on revealing its wage demand? “The union, Local 32BJ of the Service Employees International Union, has inserted a big question mark into the bargaining by announcing that it will not tell management negotiators how large a raise it wants until Dec. 27, five days before the contract deadline” (Greenhouse 2007) Subjects of Bargaining 1958 Supreme Court Case known as: Borg Warner Established 3 Categories of bargaining subjects Mandatory, Let’s Permissive, Illegal examine each one… Mandatory Subject A party may insist on its inclusion and the other party cannot refuse to discuss it Example Christmas Bonus Wages, hours, working conditions Employees see as wages NLRB ruled it a mandatory subject Legal impasse occurs when parties can’t agree Impasse? Mandatory 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 Subcontracting or relocating union members’ work The Negotiation Process Impasse Point of negotiation where no compromise appears achievable. (Katz & Kochan, p.461) Dead-lock…stalemate Further bargaining seems futile Reasons for Impasse interests of parties have not been reconciled one party has no intention of settling union membership rejects proposed contract Permissive Subject Permissive a party must withdraw it from bargaining if the other party does not voluntarily agree to discuss it concessions seldom made on permissive subject Cannot bargain to impasse, or strike Pensions for employees are mandatory Pensions for Retirees are permissive They are no longer employees under the NLRB 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 breakers Employer child care benefits Plant closings Illegal Subject Can not be bargained over because it violates public policy or is inconsistent with NLRA Hot Cargo demand that union not handle goods from employer involved in a strike Illegal Closed shop Hot cargo clause Separation of employees by race Discriminatory treatment The Three Stages of The Bargaining Process Select Union Preparation Stage (Analysis and Planning) Negotiating Team Select Management Negotiating Team Preparation for Bargaining Preparation for Bargaining Ground Rules Bargaining Stage Exchange of Economic and Noneconomic Demands Posturing, Exchange of Proposals and Counterproposals Resolution Stage Agreement Crisis Ratification by Union Impasse Contract Job Action Hiring of Replacements (or) Resolution of Impasse Agreement Ratification by Union Contract 5-4 Outline Impasse Negotiating Wage Adjustments Ability to Pay, Productivity, Comparison Types of Wage Adjustment Lump Sum, COLA, Profit sharing News of the class Social Welfare Spending, (as pct. of gross national product) 40 35 30 25 20 15 10 5 0 Sweden Neth Den Fran Germ Italy UK US Federal Budget Funding the Welfare State: Household Tax Wedge, 2003 Health Care Spending Compared Union Help Facilitate the “Great Compression” & the creation of the American Middle Class Inequality is Highest in the US… Ratio of Top 10% to Bottom 10% Union Density Compared Union Density, 2002 US was 13.3% The Three Stages of The Bargaining Process Select Union Preparation Stage (Analysis and Planning) Negotiating Team Select Management Negotiating Team Preparation for Bargaining Preparation for Bargaining Ground Rules Bargaining Stage Exchange of Economic and Noneconomic Demands Posturing, Exchange of Proposals and Counterproposals Resolution Stage Agreement Crisis Ratification by Union Impasse Contract Job Action Hiring of Replacements (or) Resolution of Impasse Agreement Ratification by Union Contract 5-4 The Negotiation Process Can either reach an agreement… Usually goes to union members to vote up or down If voted down back to bargaining table, or declare an impasse. Impasses Can Be Resolved 2 Ways 1) If an impasses is reached parties can go to mediation or arbitration Have an outside party try to broker an agreement Private sector: voluntary Public sector: often mandated 2) Or..Management can implement its last offer to the union Union must then accept it or strike “Love it or shove it!” More on strikes, lockouts and such next week Collective Bargaining Broad Range of Topics Are Negotiated We’ll Consider Some of the Big Areas Wages Health Care Pensions Mandatory 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 Subcontracting or relocating union members’ work Wages…A Bread & Butter Issue For Employees Wages Involve: Standard of living Ability to plan for retirement Measure of self worth For Employers Wages Involve: Largest Single Cost Factor Competition with other firms Negotiating Wage Rates Within context set by law, unions and firms negotiate wage rates… Good bargaining requires good information about financial status and position of firm Employer has access to financial data about firm Ostensibly knows its situation Union at a Disadvantage…may or may not have financial information Knows needs of members Often less sure on status of firm…Can get complicated Negotiating Wage Adjustments Getting Financial Information Publicly Trades Firms file 10ks with Securities and Exchange Commission Firm is Unable to Pay vs. Firm Does not Want to Pay Union negotiators can access to determine health of firm If firm has 1 plant no problem…22 plants problem Privately Held Firms file no financial reports Can be trouble Trade Press…Insider who will help Liability Suits that required financial info Wages: What’s Fair? 3 Major Approaches Used By Union 1) Ability to Pay: Company can afford raises so it should pay them Base claim on financial information Company is very profitable, they can pay more Firm’s response? Wages: What’s Fair? 3 Major Approaches Used By Union 1) Ability to Pay: Company can afford raises so it should pay them Base claim on financial information Company is very profitable, they can pay more Firm’s response? Just because we can doesn’t mean we should Money to shareholders, not to workers Money best used elsewhere Negotiating Wage Adjustments 2) Productivity: employees should share in increased profits caused by greater productivity Labor, machinery/equipment, managerial ability create profit Employees entitled to fair share of increased profit Poses Interesting Problems for Unions What is fair? How calculate contribution of each? Measuring Productivity can be tricky? Easy in Auto: output per hour= value of goods produced divided by hours of labor Teacher, Sheriff, Nurse…Me? How measure? Negotiating Wage Adjustments 3) Comparison to Other Workers: demand wages be adjusted to match those in similar workplaces Easiest argument for union to make Especially for local union leaders But all sorts of questions emerge…like what should basis of comparison be? Negotiating Wage Adjustments Occupational Comparison …but to what? Unionized Pepperoni Factory vs. other Unionized Pepperoni Factory …or maybe to non-Unionized Pepperoni Factory …or maybe to other factory in same Pepperoni Company Firefighter in NYC to Teacher in NYC Is this legitimate… Negotiating Wage Adjustments Geographical Comparison…but to where? Teacher in town A to Teacher in town B Pepperoni Factory workers to other workers in area Pepperoni Factory in WI vs. Pepperoni Factory in NJ…or AL Garment Factory in Philly vs. Garment Factory in Honduras Geography and Union Density Manufacturing…a global economy puts some unions in a bind… Service Sector is different… Firm’s must meet the “China price” and many will try to do it by reducing labor costs Walmart or Aramark can’t hire people in China to do work…nor can they move their operations If unions can raise density in a smaller geographic region, they can increase their power… Geography and Density “Nowadays we represent 70 to 90 percent of building service workers in these cities (Boston, Denver, Washington). That means a lot in terms of bargaining power.” Stephen Lerner, SEIU Question…again. How does a high level of union density in an industry in a particular geographic region permit the SEIU to bargain better wage increases and better benefits? Union Density Matters Higher Union density in an industry & region translates into increased bargaining power for union During bargaining, the low wage example does not exist If basis of comparison is unionized, union is at an advantage Level playing field means employers all firms will incur the same costs Density Matters for Collective Bargaining Nursing Homes California: Bay Area and Los Angeles Union Density 52% Bay Area Los Ange les Wages $12.17 8% Source: SEIU, “United We Win.” $8.75 Density Matters for CB: Commercial Building Services Los Angeles Union Density 80% 1983 1986 Wages $7.07 + insurance 10% $4.50, no insurance 2002 Source: SEIU, “United We Win.” 80% $9.00 + insurance Retail (Acme, Shoprite, Walmart) Union Density in retail, 1993: 26% Members of retail union twice as likely to have health insurance Members of retail union more than twice as likely to have pension Retail Union Wage Premium is 28% But…Wages & Benefits Directly Related to Density in Region 10-20% union density: .03 to .36 cent wage premium 60 to 70% union density: $1.89 to $2.35 wage premium Other Forms of Wage Adjustment Cost of Living Adjustments (COLA)? Adjusting Pay: COLAs Cost of Living Adjustments (COLA)? Negotiated compensation increase given an employee based on the percentage by which the cost of living has risen Typically a cents per hour increase (4xs a year) Measured by CPI… “market basket of goods” usually CPI-U (captures 80% workers) Consumer Price Index Home Page COLA Main benefits of COLA for workers? COLA Main benefits of COLA for workers? Changes Why Pegs is this important for workers? pay to inflation Raises base pay… become real raises Main problem for Employers COLA Main benefits of COLA for workers? Changes base pay… Why is this important for workers? Pegs pay to inflation Raises become real raises Main problem for Employers Doesn’t take firm’s performance into consideration Must pay COLA even if firm is having financial trouble COLA Trends Use of COLA decreased over last 25 years Decline of COLA…from 60% to 28% of agreements Other Forms of Wage Adjustment One time Lump Sum Payment Increasingly popular with management. Why? Adjusting Pay: Lump Sum One time Lump Sum Payment Increasingly popular with management. Why? Total cost during the contract is easier to predict Do not increase hourly wage rates Workers Accept, but problems? Adjusting Pay: Lump Sum One time lump sum payment Workers Accept, but problems? Does not effect base pay $100,000 = 2% raise = $102,000 and next year starting base pay is $102,000 $100,000 = lump sum of $2000 = $102,000 BUT next years starting best pay is still $100,000 Adjusting Pay: Profit Sharing • Workers receive a lump-sum payment in addition to regular wage Payment is based on negotiated formula Can get complicated…a problem for local unions Found in 10% of CB agreements • Management favors profit sharing payments…Why? Adjusting Pay: Profit Sharing Management favors profit sharing payments because…Why? Profit Sharing Payment does not get made if company did not make a profit Not tied to inflation …a measure which doesn’t take company’s performance into consideration Provides incentive to make company more profitable Lump sum, one time payment…Again…why is this good for employer? Adjusting Pay: Profit Sharing Problems for Workers Lump sum does not go into base pay Profits may stagnate or decline in their firm while prices around them go up Saturn and UAW Wages stagnate, but kids college costs up 10% Public Employees Many Aspects of bargaining are the same…but complicated by fact that workers are public employees Budgets funded by tax dollars so can be a source of tension Public Sector Unions often politically active School board, city council, governor Often very well organized and actively lobbying for increased budgets Adjustment Arguments Become More Complicated Ability to pay impacted by willingness to raise taxes? Comparisons to other districts? Union wants richer one, city a poorer one Comparisons to non union workers? $60,000 vs. $25,0000 Turnpike workers yesterday A Lot Going On…. Indiana: Governor took away the right for public sector workers to unionize NJ: Christie obtained 2 percent property tax cap Will limit ability to raise property taxes, thereby limiting money for police, fire, teachers, city workers WI: “public employees will only be able to collectively bargain over wage increases no greater than inflation” 3/16/11) (BW Next… Collective Bargaining Subjects Pensions & Health Care Grievance Procedures Strikes