20% PHR
14% SPHR
Any student use of these slides is subject to the same License Agreement that governs the student's use of the SHRM Learning System materials.
© SHRM 5-1

A labor organization is: any organization of any kind , or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work .
National Labor Relations Act (NLRA)
© SHRM 5-2

Milestones in Employee and Labor
Relations
Wagner Act (NLRA) and founding of NLRB and
Social Security Act
AFL founded
Knights of
1886
Clayton Act
1914
Sherman Anti-
Norris-
LaGuardia Act
1932
Railway National
Labor Act Industrial
1935
Labor organized
1869
Trust Act
1890
1926 Recovery Act
1933
Taft-
Hartley Act
1947
SHRM
1948
Landrum-Griffin
Act (Labor-Management
Reporting and Disclosure Act)
1959
Union membership peaks
1950s
Industrial revolution
© SHRM 5-3

Lack of fairness/consistency
• Discipline process
• Seniority system
Failure to recognize problems
• Willingness to listen to and address complaints
Perceived lack of control or input
• Avenues for employee feedback
• Employee participation programs
Poor communication by management
• Transparency
Poor performance at supervisory level
• Training
• Access to strategic information
•
Perceived gross economic inequities
Governance
© SHRM 5-4

Contrasting strategies for AFL-CIO and Change to Win
Concern over health insurance, pension issues, and corporate bankruptcies
Adoption of aggressive organizing strategies
New forms of membership (associate members)
Recruiting of nontraditional members
Expanded organizing in micro-units
© SHRM
Role of NLRB and General Counsel
5-5

National Labor Relations Act
(Wagner Act)
• Key act that applies to all workers , not just union workers.
Section 7 rights
Employees shall have the right to:
• Self-organization.
• Form, join, or assist labor organizations.
• Bargain collectively through representatives of their own choosing.
• Engage in concerted activity for the purpose of mutual aid and protection.
• Refrain from such activities.
© SHRM 5-6

Employee Relations and EEO Laws
• EEO laws prohibit employment discrimination.
• Laws provide protection that some employees once looked to unions to provide.
© SHRM 5-7

• Based on court decisions rather than statutory law.
• Employment-at-will (EAW) is one of the most important common-law doctrines.
– Employers have the right at any time, with or without prior notice, to hire, fire, demote, or promote anyone they choose unless there is a law or contract to the contrary.
– Employees may quit at any time for any reason, with or without prior notice.
© SHRM 5-8

Public policy
• Allows employees to fulfill legal obligations or exercise their rights (jury duty, whistleblowing).
Implied contract
•
Recognizes agreement implied from circumstances (employee handbook).
Implied covenant of good faith and fair dealing
• Requires honesty in transactions
(cannot fire an employee shortly before he or she is eligible for a pension).
© SHRM 5-9

Tort law protects a person’s:
• Physical safety and well-being.
• Enjoyment of their property.
• Financial resources.
• Reputation.
Tort claims arise when these rights are affected.
© SHRM 5-10

The hiring of an employee who the employer knew (or should have known) posed a risk to others
The retention of an employee who engages in misconduct that poses a threat to others during and after working hours
Claims can be prevented by conducting background and reference checks on applicants.
© SHRM 5-11

Injuring someone’s reputation by making a false and malicious statement
• Statement may be spoken (slander) or written (libel).
• Statement must be shown to be:
– False and malicious.
– Harmful to employee’s reputation.
– Made without a legitimate business reason.
© SHRM 5-12

An employer is usually protected against charges of defamation in a referencechecking situation if the employer
A.
shows remorse for harming the employee’s reputation.
B. provides honest and accurate references about former employees.
C. makes verbal comments but does not put them in writing.
D. tries to verify the accuracy of information.
Answer: B
© SHRM 5-13

Intentional deception relied upon and resulting in injury to another person.
May include claims regarding significant terms of a job offer.
Can include silence, innuendoes, or gestures that are deceiving; need not be a positive statement.
© SHRM 5-14

Employee’s duty of loyalty
• Employee must not degrade employer’s reputation, service, or products.
•
Employee must not harm the employer’s business.
• Obligation ceases when employment relationship ends.
Invasion of privacy
• Unreasonable intrusion into seclusion of another.
• Appropriation of a name or likeness.
• Publication that generates unreasonable or false publicity.
© SHRM 5-15

Contract:
Agreement between two or more persons to do or not do something in exchange for something of value.
• Contract law provides remedies if the contract is breached.
• Contracts can be written or oral.
© SHRM 5-16

© SHRM
Express oral contract
Unfair competition and noncompete agreements
Inevitable disclosure
Employee’s duty of loyalty and confidentiality
5-17

Notification
Discovery process
Motion to dismiss
• Notify counsel promptly.
• Implement litigation hold.
• Warn against retaliatory actions.
Answering complaint
• Be aware of time frame for response.
• Ensure attorney work product privilege.
Scheduling conferences
• Ensure adequate preparation time.
• Provide focused, relevant, objective testimony.
• Conduct safe, legal, effective investigations.
•
Attorney decision and action
Summary judgment
• Work with attorney for organization’s best interest.
Pretrial and trial
• Support evidentiary motions.
• Provide relevant information to attorney.
• Schedule witnesses.
© SHRM 5-18

Positive Characteristics of Union-
Free Organizations
Clear position re unionization
Fair, consistent treatment
Access to opportunities
© SHRM
Balanced promotion decisions
Communication and feedback
Problemsolving procedures
Counseling
Comparable compensation and benefits
Rewards and recognition
Performance appraisal
Management/ supervisor training
5-19

© SHRM
Feedback and Communication in
Union-Free Organizations
Attitude (climate) surveys
HR/labor relations reviews
Skip-level interviews
Open-door meetings
Department meetings
Employee participation programs
Electronic communications
5-20

Compensation and Benefits in a
Union-Free Environment
HR ensures that employees are informed about:
• Compensation and salary data.
• Market comparisons.
• Salary grades.
• How raises are awarded.
• Cost of health care.
© SHRM 5-21

Labor-Management Cooperative
Strategies
Greater acceptance of partnerships
Willingness to share power
Open and candid sharing of information
Joint decision making on common issues
Win-win bargaining
Shared responsibility and accountability
© SHRM 5-22

© SHRM
Also known as participative management or empowerment
Links shared interests of the employee and the organization for mutual benefit.
Gives employees the freedom and responsibility to make job-related decisions.
HR:

Communicates company goals.

Develops and maintains EI programs.

Helps build trust in employees.
5-23

© SHRM
5-24

© SHRM
Job Enlargement: Broadens the scope of a job by expanding the number of different tasks to be performed
Job Rotation: Breaks the monotony of routine jobs by shifting people between comparable but different jobs
Job Enrichment: Add responsibility to the position.
5-25

EI Strategies:
Job Design
© SHRM
Employee satisfaction
Job enlargement
Job rotation
Job enrichment
Employee efficiency
Specialization
Standardization
Division of labor
5-26

The degree to which an employee completes an assignment with a tangible outcome is an example of
A. skill variety.
B. task significance.
C. task identity.
D. autonomy.
Answer: C
© SHRM 5-27

© SHRM
EI Strategies:
Alternate Work Schedules
Telecommuting
Phased retirement
Flextime
Schedules
Compressed workweeks
Regular part-time
Job sharing
5-28

EI Strategies:
Workplace Teams
Work teams
Task forces
Committees
Teams
Project teams
Self-directed teams
Teams are accountable for specific objectives and performance goals.
Teams and job design combine to increase productivity and job satisfaction.
© SHRM 5-29

© SHRM
Performance of a Management Function
Brainstorming
A suggestion Box
Operational Jurisdiction
5-30

Which one of the following actions would not be allowed under the NLRB’s “safe harbors” for EPPs?
A. A committee includes both managers and employees.
B. A committee forwards best employee suggestions to management.
C. A committee proposes changes to improve production quality.
D. A committee performs a management function.
Answer: B
© SHRM 5-31

Guidelines for Minimizing Risk of Violating
NLRA through use of EPPs
• Do not establish committee in response to Union organizing activity
• Do not allow employees to select representatives
• Do not define the EPP’s purpose as soliciting and representing the opinions of other employees
• Do not allow EPP members to represent employees in any matter with management
• Do not confer voting or approval of managerial or supervisory members
• Do not allow EPPs to present any proposals to management that are based on polls, votes or consensus.
© SHRM 5-32

Attitude Surveys
Measure job satisfaction
Opinion Surveys
Measure data on specific issues
Value of surveys is in measuring improvements over regular time periods.
Employees should be guaranteed anonymity and given feedback on results.
© SHRM 5-33

© SHRM
Small group participating in a structured discussion with a facilitator.
Provide qualitative data on specific issues.
Provide in-depth feedback on specific issues.
Can be used in conjunction with or independent of a survey.
5-34

Common Errors in Interpreting Data
© SHRM
Manipulated results
“Analysis paralysis”
“Rush to conclusions”
Errors
Graphical misrepresentation
Analysis errors
5-35

Policies, Procedures, and Work Rules
Policy Broad statement that reflects philosophy, objectives, or standards; general in nature.
Procedure Detailed, step-by-step descriptions; specify what, when, where, and who.
Work rule Reflects management decisions regarding specific actions to be taken or avoided in a given situation.
© SHRM 5-36

Guidelines for Employee Handbooks
• Be aware of tone, style, and look.
• Align handbook with organization’s culture and values.
• Keep it simple and current.
• Distinguish between organizational policies and job
For example, improperly drafted specifics.
• Accommodate multilingual handbooks can create an employment-at-will requirements.
• Obtain written evidence of receipt.
• Be aware of legal obligations and exception.
implications.
© SHRM 5-37

• Absenteeism:
– Time lost when employees do not come to work as scheduled
• Tardiness:
– Time lost when employees report to work late
When taking disciplinary action for excessive absenteeism or tardiness, do not count absences protected by USERRA, FMLA, or state law.
© SHRM 5-38

Is the employee informed of rules and the consequences of not following them?
Is discipline administered consistently and predictably?
Is the decision to discipline based on facts?
Is the employee allowed to ask questions and offer a defense?
Does the employee have an avenue for appeal?
Is the discipline system structured progressively?
Are special circumstances considered?
© SHRM 5-39

© SHRM
Measures to Avoid Disciplinary
Action
• Set clear expectations with detailed job descriptions.
• Establish written policies, procedures, and work rules.
• Establish a climate of communication.
• Maintain an open-door policy.
5-40

Document all steps —even the oral steps.
5.
Discharge
4. Final written warning
3. Second warning
2. Warning
1. Problem solving and open dialog
© SHRM 5-41

An employee is accused of a violation of a dischargeable work rule. The HR manager should
A. confront the employee and have an open dialog.
B. give an oral warning.
C. place the employee on administrative leave and conduct an investigation.
D. terminate on the spot.
Answer: C
© SHRM 5-42

Open-door policy
Ombudsperson
Single designated officer
Chosen officer
Peer review
Mediation
Arbitration
© SHRM
Employees are encouraged to bring grievance to immediate supervisor/manager.
Third party, inside or outside organization, investigates and mediates disputes. Usually not empowered to settle grievances, but will forward dispute to further ADR processes.
Management designates individual to receive and investigate complaints and resolve disputes.
Employee chooses arbitrator from a group of individuals.
Panel of employees or employees/managers hears and resolves complaint. May recommend policy changes. Often limited to suspensions and discharges.
Mediator facilitates discussions with disputants to negotiate mutually acceptable solution.
Arbitrator hears both sides and renders a decision. May be binding or nonbinding.
5-43

Sherman Anti-Trust and Clayton Acts
Sherman Anti-Trust Act, 1890
• Primarily directed at monopolistic employers.
• Resulted in injunctions issued against union activities.
Clayton Act, 1914
• Clarified and supplemented the Sherman Anti-Trust
Act.
• Minimally restricted injunctions against labor.
• Legalized peaceful strikes, picketing, and boycotts.
© SHRM 5-44

• Passed to reduce labor conflict and the possibility of transportation strikes.
– Gave railroad employees the “right to organize and bargain collectively through representatives of their own choosing.”
• Covers both railroad and airline employees today.
© SHRM 5-45

Restricted federal judicial intervention in labor disputes.
Guaranteed the workers’ right to organize.
Eliminated arbitrary injunctions against peaceful organized labor activity.
Made yellow-dog contracts unenforceable.
© SHRM 5-46

National Labor Relations Act
(Wagner Act or NLRA)
Allows workers to organize themselves and bargain collectively.
Prohibits employer unfair labor practices.
Exempts managers, supervisors, agricultural workers, domestic employees, and family workers.
© SHRM
Established the NLRB, which can:
• Conduct secretballot elections.
• Remedy ULPs.
5-47

Labor-Management Relations Act, 1947
(Taft-Hartley Act or LMRA)
Balanced union and management rights.
Guaranteed employers their right to free speech.
Outlawed sweetheart contracts.
Mandated that unions represent all employees in the bargaining unit.
Allowed unfair labor practice charges to be filed against unions.
© SHRM 5-48

Labor-Management Relations Act
(Taft-Hartley Act or LMRA)
Prohibited the deduction of union dues without written consent.
Outlawed the closed shop.
Permitted states to adopt right-to-work legislation.
Established provisions for national emergency strikes
(80-day cooling-off period).
Established the Federal Mediation and Conciliation
Service.
© SHRM 5-49

Labor-Management Reporting and Disclosure
Act, 1959 (Landrum-Griffin Act or LMRDA)
Provides a bill of rights for union members.
Permits closed shop exception for construction industry.
Prohibits discrimination against nonunion members.
Protects employees from corrupt or discriminatory unions.
© SHRM 5-50

Which of the following restores the balance of power by making union unfair labor practices unlawful?
A. Norris-LaGuardia Act
B. National Industrial Recovery Act
C. National Labor Relations Act
D. Labor-Management Relations Act
Answer: D
© SHRM 5-51

Union-organizing campaign
Authorization cards/petition
Petition for certification
Representation hearing
Election granted
Election campaign
Election not granted
Campaign abandoned
Alternative strategy pursued
Election
Certification of results (no union elected)
Certification of representative
(union elected)
5-52 © SHRM

Employers should activate rapid response teams as soon as early signs are detected:
Changes in turnover
Unlikely job candidates
Changes in number of complaints or complainants
Change in tone of communication
New patterns of socializing among employees
© SHRM 5-53

• Union assesses feasibility, costs, and benefits of organizing.
• Union considers whether to use targeted campaign, corporate campaign.
• Tactics are weighed: inside organizing, salting, leafleting, meetings, home visits, telephone organizing, Internet campaigns, indirect pressure, picketing
© SHRM 5-54

• Process of using paid union organizers to infiltrate an organization and organize its workers.
• An adverse employment action against a salt usually results in the filing of a ULP charge against the employer.
• Recent NLRB rulings state:
– Applicant must be genuinely interested in employment to be protected against hiring discrimination based on union activity (2007).
– Union must provide evidence to support payment of back pay (2007).
– Individuals have protected right to be salts (2010).
© SHRM 5-55

© SHRM
Organizational
Picketing
Induces employees to accept the union as their representative.
Informational
Picketing
Informs the public that the employer is nonunion.
Recognitional
Picketing
Obtains employer’s recognition of the union.
Bannering
Displays messages outside targeted employer’s premises.
5-56

Management Rights in a Campaign
Management has the right to:
Take the initiative.
Use line supervisors as resource.
© SHRM
State an opinion.
Safeguard employee names and addresses.
5-57

Neutrality/Cooperation Agreement
Agreement between a union and an employer under which the employer agrees to remain neutral to a union’s attempt to organize its workforce.
Common provisions include:
• Gag rule.
• No secret-ballot election.
• Union access to employer premises.
• Union access to personal employee information.
• Employee attendance at “captive audience” speeches.
© SHRM 5-58

• The NLRB requires at least 30% of eligible employees to sign authorization cards/ petitions before ordering an election.
• The union typically wants 50% of eligible employees to sign cards before the union petitions for an election.
Authorization for Representation Under the National Labor Relations Act
I, the undersigned employee, authorize the Union, through its agents and representatives, to act as my collective bargaining representative in all matters pertaining to wages, hours, and working conditions.
Name:
Home Address:
Phone Number:
Job Classification:
Signature:
(Number and Street) (City, State, and Zip Code)
Current Wage:
Date:
• With more than a majority of employee signatures, the union may also demand voluntary certification by card check .
© SHRM 5-59

Petition for certification generally leads to an election supervised by the NLRB.
Consent election
• Employer and union waive the preelection hearing.
Directed election
• Ordered by the NLRB when parties cannot consent to an election and after a preelection hearing on unresolved issues.
© SHRM 5-60

NLRB determines if:
• The petition satisfies the requirements.
• All petitioners are eligible to join a union.
• The proposed bargaining unit is appropriate.
NLRB sets:
• Time, date, and place of the election.
© SHRM 5-61

In determining the appropriateness of a bargaining unit, the NLRB would consider
A. if more than 50% of the employees signed authorization cards.
B. if employees are frequently transferred across plants or offices.
C. the percentage of temporary workers in the proposed unit.
D. the percentage of managers and supervisors in the workforce.
Answer: B
© SHRM 5-62

• Contract bar
• Statutory bar
• Certification-year bar
• Voluntary-recognition bar
• Blocking-charge bar
• Prior-petition bar
• Recognition bar
© SHRM 5-63

• Eligible employees must be on the payroll:
– During the pay period prior to the direction of election.
– During the pay period preceding the election date.
• Striking employees who have been permanently replaced:
– May vote in any election conducted within 12 months after the strike’s commencement.
• Election time and place
– Employers must post
NLRB notices.
5-64 © SHRM

Employer Union
Until 24 hours before the election, management may present speeches to employees during work time
(“captive audience”) but may not make promises or threats.
© SHRM
Union may visit employees in their homes or contact them by phone or through the Internet.
5-65

• No campaigning is allowed in or around the polling place.
• Eligibility challenges must be made before the vote is accepted into the ballot box.
• NLRB determines validity of challenged ballots after the election if they have potential to affect the outcome.
© SHRM 5-66

There are 1,000 eligible employees. Of those,
800 vote. What are the minimum votes needed by the union to win the election?
A. 400
B. 401
C. 501
D. 667
Answer: B
© SHRM 5-67

© SHRM
The NLRB may set aside election results if the employer is found to have committed an “egregious” ULP that has a “chilling effect” on employees’ rights to organize and is an attempt to “nip in the bud” an organizing effort.
5-68

• If the union loses, the NLRB regional director certifies the election results.

Results are subject to NLRB review.

Union may opt to continue to pressure the employer to agree to a voluntary card check.
• If the union wins, the NLRB certifies it as the exclusive representative of the bargaining unit.
© SHRM 5-69

• Employer volunteers recognition based on proof of majority status.
• Union convinces employer to grant recognition.
• Union convinces employer to witness its majority status.
• NLRB orders employer to bargain with the union if serious ULPs have been committed.
© SHRM 5-70

• Terminates union representation.
• Management may not guide or support the effort.
• At least 30% of the employees in the bargaining unit must petition for a decertification election.
• If the petition is valid, a secret-ballot election is held.
• A majority of the voting employees must approve decertification. (A tie vote also removes the union.)
© SHRM 5-71

If employees successfully vote to decertify a union on June 30 in a given year, when can a new election be held?
A. Within 30 days
B. Between 60 and 90 days
C. After January 1
D. After one year
Answer: D
© SHRM 5-72

• Removes the union’s authority to negotiate or enforce union security clauses.
• Occurs without management support or guidance.
• At least 30% of the employees in the bargaining unit must petition for deauthorization.
• After investigation, the NLRB orders an election.
• A majority of the employees eligible to vote must approve deauthorization. (Failure to vote is the same as a vote against deauthorization.)
© SHRM 5-73

Election Type
Certification
Decertification
Needed for NLRB
Petition
30% of eligible employees
Needed for
Election Win
Union needs at least 50% plus one of votes cast
30% of bargaining unit employees
Deauthorization 30% of bargaining unit employees
At least 50% of votes cast must be to decertify the union
At least 50% plus one of eligible voters must vote to deauthorize
© SHRM 5-74

Employer
• Exercise freedom of speech.
• File ULP charge.
• Protect property.
• Discipline or terminate for just cause.
Employee
• Sign authorization card.
• Form a union.
• Engage in concerted activities.
• Strike or picket.
• Circulate petition for redress of a grievance.
• File ULP charge.
© SHRM 5-75

What
A violation of a right under labor relations statutes.
Who
Can be initiated by an individual employee, a union, or management.
How
The NLRB adjudicates ULPs in the private sector; the FLRA or state agency processes cases in the public sector.
Agent-principal relationship:
• Employers are responsible for managers and supervisors.
• Unions are responsible for agents and officers.
© SHRM 5-76

Employer ULPs:
Interference, Restraint, and Coercion
The NLRA prohibits employers from:
Interfering with Section 7 rights.
Statements that employees will lose existing benefits.
Creating an atmosphere of violence.
Promises of improvements.
Threats of relocation or plant closings.
Surveillance or interrogation of employees.
Statements that unionization necessarily leads to strikes and loss of jobs.
© SHRM
Inciting antiunion activity.
5-77

To avoid ULPs, do not:
P
S
T
I
Threaten.
Interrogate.
Promise.
Spy.
© SHRM 5-78

• Domination and unlawful support of labor organizations
– Electromation , E. I. Dupont & Company, Crown Cork and Seal Company , Syracuse University
• Discrimination to discourage union membership
• Retaliation against employees who file charges or testify
• Refusal to bargain in good faith
© SHRM 5-79

Union ULPs:
Restraints and Coercion
The LMRA prohibits unions from engaging in:
Activities that coerce employees to sign authorization cards or petitions.
Threats of physical violence.
Threats of economic reprisals.
Strikes or boycotts of neutral or third-party employers.
© SHRM 5-80

Union ULPs:
Duty of Fair Representation
• Union must act fairly on behalf of all members.
• Union may not ignore grievances that have merit or base decisions on discrimination or personal feelings.
• Union must represent nonmembers in bargaining and grievance issues in the same way it represents dues-paying members.
© SHRM 5-81

• Inducing unlawful discrimination by the employer
• Excessive or discriminatory membership fees
• Featherbedding
• Refusal to bargain
© SHRM
A union cannot force an employer to commit an act in violation of contract provisions.
Fees must be appropriately based on industry wages and practices.
The union cannot require more workers than necessary.
The union must bargain in good faith.
5-82

Possible NLRB-Ordered Remedies
Most Serious
ULP
Possible NLRB-Ordered Remedies

Employer is ordered to recognize the union and begin bargaining.

Employer is ordered to reverse a decision to move a work unit or is ordered to allow union access at the new location.

Employer is ordered to reinstate employee(s) with back pay.

Employer is ordered to provide the union access to employees.
 Employer is required to read employees’ Section 7 rights to a gathering of all employees, admit the violation, and commit to respecting these rights in the future.

Election must be held again.

Offending party is ordered to reverse an illegal policy or cease an illegal activity, disband an unlawfully dominated labor organization, or take back bribes.

Cease-and-desist order is issued against the offending party.
 Employer is ordered to post in the workplace a notice of employees’
Section 7 rights.
Less Serious
ULP
© SHRM 5-83

Legal and regulatory factors
Economic conditions
Management representation
Bargaining subjects: topics, issues, and goals
Union representation
Bargaining precedents
Public and employee opinion
© SHRM 5-84

Mandatory subjects
(required by law and NLRB)
Illegal subjects
(unlawful by statute)
Permissive subjects
(voluntary)
• Overtime
• Seniority
• Vacation/holidays
© SHRM
• Closed shops
• Discriminatory hiring
• Benefits for retired union members
• Settlement of
ULPs
• Neutrality agreements
5-85

Pattern
• Union negotiates agreements similar to those existing in the industry or region.
Coalition
• Multiple employers negotiate with one union.
Coordinated
• Employer bargains with several unions simultaneously but on a separate basis.
Segmented
• Specific issues are negotiated by ad hoc committees and then voted on by entire group.
© SHRM 5-86

• Win-win negotiation
– Principled
– Integrative
– Interest-based
• Win-lose negotiation
– Positional
– Distributive
Good-faith bargaining requires that both parties enter into discussion with fair and open minds and a desire to reach an agreement.
© SHRM 5-87

Violations of Good-Faith Bargaining
• Surface bargaining
• Lack of concession
• Refusal to advance proposals and demands
• Dilatory tactics
• Imposing conditions
• Bypassing the representative
• Commission of
ULPs
• Not providing information
• Refusal to bargain
© SHRM 5-88

Unlawful circumvention
• Bargaining proposals not disclosed to the union may not be discussed with employees.
Notice requirements
• The party desiring contract negotiation must notify the other party of its intention to bargain a new agreement.
Duty of successor employers or unions
• Selling a majority interest in a unionized company generally does not affect the company’s bargaining obligations.
© SHRM 5-89

© SHRM
Shop Provisions in RTW and
Non-RTW States
Non-RTW States RTW States
Closed Shop
Union membership is condition of hiring.
Union Shop
New employees must begin paying union dues within defined time period.
Open Shop
Union membership (payment of dues) is not required to continue employment beyond 30 days (seven days in construction industry).
Agency Shop
Employees must pay service fee to union.
Illegal
Closed Shop
Union membership is condition of hiring.
Union Shop
New employees must begin paying union dues within defined time period.
Open Shop
Union membership (payment of dues) is not required to continue employment beyond 30 days (seven days in construction industry).
Agency Shop
Employees cannot be required to pay fees to union.
5-90

Cost per hour paid or worked =
Cost of labor
Number of hours paid or worked
HR can provide data for contract costing, including:
• Workplace demographics.
• Current and historical data.
• Effects of concessions on workforce planning.
• Effects of contract on exempt or nonunionized employees.
© SHRM 5-91

© SHRM
4.
Third party
3.
Higher-level management
2.
Intermediate supervisor
1.
Immediate supervisor
5-92

When handling a union grievance, you should
A. accept informal amendments to the contract if they are in the company’s interest.
B. avoid bias by not reviewing prior grievance records.
C. ask the union to identify the violated contract provisions.
D.
rely on the union steward’s investigation of the grievance.
Answer: C
© SHRM 5-93

• Deals with the rights of union employees to have another person present during investigatory interviews.
• Person attending must be affiliated with the union, not an attorney or relative.
© SHRM 5-94

An employer is conducting an investigatory interview with a union employee. According to the Weingarten rights, the
A. employer is obligated to provide representation if the employee cannot find anyone.
B. employee may request that a labor attorney be present.
C. employer is not required to bargain with the union representative.
D. employee may request that the interview be postponed for 48 hours.
Answer: C
© SHRM 5-95

Arbitration and Mediation Compared
Arbitration
Impartial third-party arbitrator
(Tripartite arbitration panels have one management and one union representative and one impartial arbitrator.)
Hears and weighs evidence and presents final decision (award)
Mediation
Impartial third-party mediator
Binding if based on evidence and contract terms (However, awards when no contract exists may be challenged in court.)
© SHRM
No power to compel agreement or impose decision; helps parties find common ground and continue talking
Nonbinding
5-96

Lockout
• Management shutdown of operations to prevent union employees from working
Strike
• A refusal by employees to work
© SHRM 5-97

• The right of a union to strike and to picket
• The right of other employees not to cross a picket line
© SHRM 5-98

Strike is an economic strike.
Strike occurs as the result of
ULPs.
Employer is not required to displace permanent replacement workers except as future opportunities become available.
Employer must reinstate striking workers.
HR must take care not to create a contractual commitment to replacement workers.
© SHRM 5-99

• When union attempts to influence an employer by exerting pressure on another employer.
• Employers may lose neutrality and be subject to union pressure in the following cases:
– Ally doctrine
– Single/joint employer or alter ego doctrines
– Double breasting
– Straight-line operations
– Hot cargo clauses
© SHRM 5-100

Which provision would allow a union to picket a chain of assisted-living facilities at all of their locations?
A. Ally doctrine
B. Common situs picketing
C. Single/joint employer doctrines
D. Straight-line operations
Answer: C
© SHRM 5-101

Legality of Strikes, Picketing, and
Secondary Boycotts
Legal
Conditional by
Law
Illegal
• Primary picketing
• Consumer picketing
• Working to rule
• Organizational and recognition picketing
• Informational picketing
• Area standards picketing
• Common situs
• Wildcat
• Jurisdictional
• Secondary boycotts
• Sitdown strikes
• Slowdown
Conditional by law/contract
• Sympathy strike
© SHRM 5-102