Some Effects of the Law on Unions
and Management
The Consequence of the Law
For 130 years the government and
the courts were strongly supportive
of employers in their efforts to fight
and prevent unions.
THE CONSEQUENCE OF THE LAW
However, despite anti-union
activities of the courts and the
government, strong
unionization did develop and
become accepted in a number
of industries.
THE CONSEQUENCE OF THE LAW
The Wagner Act established a
positive Public Policy environment
for unions,
Taft-Hartley was enacted to counter
some of the perceived overcorrection of the Wagner Act.
THE CONSEQUENCE OF THE LAW
Much of the Actual Interpretation
and Application of These Two Acts is
Left to the NLRB and the Courts
Who do More to Determine the
Impact of the Law Than the Words of
the Legislation.
REGULATION OF CERTIFICATION
CAMPAIGNS



30% Interest - of employees in a
unit appropriate for collective
bargaining
The appropriate unit is determined
by the NLRB
The larger the unit the less likely
the union will prevail
NLRB ESTABLISHES THE RULES OF
CONDUCT

Excelsior lists

Threats and promises

Forged documents

Cannot reproduce copies of the
official ballot
NLRB ESTABLISHES THE RULES OF
CONDUCT

Racial, religious, and ethnic
slurs

24 Hour Speech Rule

Captive audience speeches

Delays favor management
THE LAW and BARGAINING POWER
There is a Right to Strike
AND
Concurrently there is a Right to
Operate during a strike with
replacement workers
THE LAW and BARGAINING POWER
The Standard Power Relationship in
Collective Bargaining
IS
The Effective Primary Strike
THE EFFECTIVE PRIMARY STRIKE

Complete shutdown

No work, no production

Cost high to both sides
THE PARTIAL STRIKE

The Use of replacement workers

Slowdowns

Off-Again-on-Again Strikes
LOCKOUTS

Management's strike

Limited legal use

Current environment favorable
SECONDARY BOYCOTTS
A Boycott normally refers only to
the withholding of purchases or
sales of commodities.
SECONDARY BOYCOTTS
A Secondary Boycott is conducted
indirectly against the primary party
through action against some other
“Third” party.
They Are Illegal
SECONDARY BOYCOTTS


Informational picketing is allowed
NLRB files all Secondary Boycott
actions for employers
SECONDARY BOYCOTTS
Damage suits for unfair practices
work in one direction only
Employers
PICKETING


Legalized by Norris-LaGuardia
Adjunct to other organizational or
bargaining tactics

Keeps out line-crossers

Essential to weak unions
PICKETING

Mass picketing is illegal

Stranger picketing

Informational picketing

Consumer boycotts

Common-Situs picketing
UNION and MANAGEMENT SECURITY
Fundamental Conditions of Union
Security
That the union exist
and
That the union be accorded
representation rights
FUNDAMENTAL CONDITIONS OF UNION
SECURITY
The law has made raiding more
difficult
and it
Requires employers to recognize
unions and bargain with them in
Good Faith
FUNDAMENTAL CONDITIONS OF
UNION SECURITY

Contract Bar Up to Three Years

Membership and Dues
MEMBERSHIP and DUES

Closed - Union - Open Shops

Hiring Hall Arrangements

Maintenance of Membership

Agency Shop

Dues Check-Off

Union Shop Deauthorization

Decertification Elections
“RIGHT-TO-WORK” LAWS
Section 14 (b) of the Taft-Hartley Act
permits individual states to outlaw
all forms of compulsory union
membership
“RIGHT-TO-WORK” LAWS
State law preempts federal law when It
eliminates or tones down union
security statutes
Federal law preempts state law when
state law attempts to strengthen union
security statutes
UNION’S ABILITY TO FUNCTION

Two major union responsibilities:
Formulate
and implement
bargaining strategy
Uphold
its side of the contract
Made difficult by legal restraints on
internal discipline
MANAGEMENT SECURITY
Neither state nor federal law deal
with management security
However
Management rights clauses are
mandatory subjects of
bargaining
ATTITUDES TOWARD BARGAINING
The general tone of a relationship
and the atmosphere in which it
exists develop as a consequence of
behaviors on both side of the
bargaining table.
ATTITUDES TOWARD BARGAINING
There are Four Types of Relationships:

Conflict

Power

Accommodation

Cooperation
CONFLICT

Strong opposition

Active discrimination

Whatever-It-Takes to win

Characteristic of small to medium
firms
POWER

Unions are undesirable but open
hostility ceases
Try to keep the union weak

Push bargaining power to the limits


Relationships tend to be caustic and
strident
ACCOMMODATION




Accepts union as legitimate and seeks
the best possible relationship
Management works at maintaining good
Relationships with the union
Neither side challenges the security of
the other
Management shuts down during strikes
COOPERATION



Brings the union and its members directly
into the process of improving productivity
and morale
The union ceases being an adversary and
becomes a partner
Bargaining shift from issue based to
interest based (Win-Win)
Does the Law Foster “Mature”
Bargaining?
EMPLOYEE PARTICIPATION
EMPLOYEE INVOLVEMENT
TQM’s
vs
LABOR LAW