Labor Union

advertisement
Labor Union
A labor union is an organization of employees
that uses collective action to advance its
members’ interests in regard to wages
and working conditions.
Industrial unions
include all the
employees in a
company or industry,
regardless of
occupation.
Mullen 2005
Craft unions include
workers who belong to
one craft or to closely
related group of
occupations.
Labor Relations
Labor relations is the continuous relationship
between a defined group of employees
and management. The relationship includes
the negotiation of a written contract
concerning pay, hours, and other terms and
conditions of employment as well as the
interpretation and administration of this
contract over its period of coverage.
Mullen 2005
History of Unions
KNIGHTS
OF LABOR
Established one large union for
employees and local unions from all
crafts and occupational areas in 1869.
AFL
Established to include only skilled
tradespeople in 1886.
CIO
Expanded the United Mine workers to
include industrial and mass production
workers in 1935. Later merged with the
AFL in 1955 (AFL-CIO).
Mullen 2005
Primary Labor Law Legislation:
Private Sector
National Labor Relations Act (Wagner Act)
Encouraged
Restrained
the growth of trade unions
management from interfering with union
growth
Placed the government in a more active, pro-labor
role
Established
the National Labor Relations Board
(NLRB) to regulate and enforce the law
Sets up union certification elections
Investigates complaints of unfair labor practices
Mullen 2005
Taft-Hartley Act
The Labor-Management Relations Act amended
the Wagner Act.
 Management's’ response to rise in members rolls
from 3 million to 5 million.
 Provided the president 80-day injunction against
strikes.
 Unions forbidden to deduct union dues without
written permission.
Mullen 2005
The Landrum-Griffin Act
 Designated
to regulate the internal affairs of unions.
 Also referred to as the bill of rights of union
members, and allows members to.
 nominate candidates for union office.
 vote in union elections.
 attend union meetings.
Mullen 2005
Structure & Management of Unions:
Four Levels
Federation Of Unions
(e.g., AFL-CIO)
Intermediate Union Bodies
(e.g., regional & district offices)
National Unions
(e.g., International Brotherhood of Teamsters)
Local Unions
(e.g., local craft or industrial unions)
Mullen 2005
Employee Reasons for
Joining Unions





Mullen 2005
Job security
Socialization and group membership
Safe and healthy working conditions
Communication link to management
Fair compensation
Primary Labor Law Legislation
(Public Sector)
EXECUTIVE ORDER 10988
Began
the process of creating a federal collective
bargaining system
Included a strong management rights clause banning
strikes and union shops
EXECUTIVE ORDER 11419
Gave
the Secretary of Labor authority to enforce
public sector labor-management relations
Mullen 2005
Primary Labor Law Legislation
(Public Sector)
EXECUTIVE ORDER 11823
Requires
federal agencies to bargain with their
employees on all issues
CIVIL SERVICE REFORM ACT (1978)
Placed
federal employees’ labor rights under the
Federal Labor Relations Authority
Mullen 2005
Collective Bargaining
Collective bargaining is a process by
which the representatives of the
organization meet and attempt to work
out a contract with the employees’
representative--the union.
Mullen 2005
Collective Bargaining:
Basic Types
DISTRIBUTIVE BARGAINING
 When labor and management are in conflict on an
issue and the outcome is a win-lose situation
INTEGRATIVE BARGAINING
 When two sides face a common
problem and seek a win-win solution
CONCESSION BARGAINING
 When something of importance is given back to
management
Mullen 2005
Administering the Contract
DISCIPLINE
Most contracts retain management’s right to discipline
employees
 Typical expectation is to follow legal due process

GRIEVANCES
Are complaints, whether valid or not, about organizational
policies
 Exhibit 16-10 illustrates a four-step procedure

ARBITRATION
Is a quasi-judicial process where a neutral third party provides a
binding settlement (award) for unresolvable disputes
 Typically follows the first three steps in Exhibit 16-10

Mullen 2005
Union Organizing Trends
1. General attitudes improving
2. Declining membership
3. Scope of organizing campaigns shifting to:
 Professional
and better-educated workers
 Service workers
 Knowledge workers
4. Unions are investing heavily in:
 Better
member services
 Innovative organizing techniques like the internet
Mullen 2005
Labor Relations
The continuous relationship between a defined group of
employees and managers regarding:
Hiring
and
Promotions
Working
conditions
Discipline
Mullen 2005
National Labor
Relations Act (Wagner Act)
Encourage the growth of
trade unions and restrain
management from interfering with this growth.
• Right to bargain collectively
• Limitations on bargaining
• Representation
• Certification/decert/ elections
• Terms of agreements
• Problem of company unions
Mullen 2005
• The right to strike
Types of Union Shops
Union
Open
Restricted
Agency
Preferential
Mullen 2005
Closed
Open Shop
Employees
have
freedom to determine
if they want or need a
union
Mullen 2005
Agency Shop
All non-management
employees must
pay union dues whether
or not they are members
of the union
Mullen 2005
Preferential Shop
Union is recognized
by management
and given preferential
treatment
Mullen 2005
Union Shop
Requires employee to
join union after being
hired. Must follow
union rules
Mullen 2005
Closed Shop
New employees
must be union
members
when hired
Mullen 2005
Maintenance of
membership
Members cannot
resign during
term of contract
Mullen 2005
Mandatory Subjects of
Bargaining
•Rates of pay /wages.
•Hours.
•Benefits.
•Seniority.
Mullen 2005
Subjects of Bargaining
•Grievances.
• Safety Practices.
•Layoffs.
•Recalls.
•Disciplines.
•Other Conditions of
Employment.
Mullen 2005
Strikes
Economic
• Retain Status,
• Cannot be disciplined
• Can be replaced
ULP
• Cannot be disciplined
• Cannot be replaced
Mullen 2005
Collective Bargaining
Collective bargaining is the process by which unions and
management establish the terms and conditions of
employment.
Mullen 2005
Establishing the
Bargaining Unit
Private sector
 Railway and airline sector
 Postal sector
 Federal sector


Public sector
General Motors, Xerox, NLRB
Illinois Central, Delta, NMB
NLRB
Assistant Secretary of Labor
for Labor-Management Relations
California Highway Patrol,
New York Sanitation
Mullen 2005
Union Opposition
 Positive labor relations
without a union
 Legal campaigns
 Unfair labor practices
(union busting)
Always remember
“TIPS”
Mullen 2005
Role of the NLRB
Concerning the Employer:
Concerning the Employee:
Questioning is done
No threats or
fairly about union
membership.
 Checks union
information
for accuracy.
 No final presentations
within 24 hours
before election.
intimidation's are
used to gain votes.
 Guards the employees
against union
promises of special
treatment.
 No final presentations
within 24 hours
before election.
Mullen 2005
Types of Collective Bargaining
Distributive
bargaining
Concession
bargaining
Mullen 2005
Integrative
bargaining
Steps for Negotiating
Pre-negotiation
Selecting negotiators
Developing a bargaining strategy
Using the best tactics
Reaching a formal contractual agreement
Mullen 2005
Using the Best Tactics
Conflict-based
Armed truce
Power bargaining
Accommodation
Mullen 2005
Cooperation
Absence of Good Faith
Unwillingness to make counterproposals
Constantly changing positions
The use of delaying tactics
Withdrawing concessions
Refusal to provide necessary data
Mullen 2005
Bargaining Impasse
A bargaining impasse can occur because:
 The settlement ranges of the negotiating
parties do not overlap.
 One or both sides may have failed to
communicate information.
 Union leadership did not bargain in good
faith.
Mullen 2005
What to do if confronted by a union
organizer
 Remove
him from your premises
 Do not accept or touch any representation cards
 Do not threaten, intimidate , promise or spy (TIPS)
 Be wary of “SALTS.”
 Always enforce your “No Solicitation” policy
 Keep your eyes and ears open for employee changes
Meetings
 Questions on benefits
 Employee arguments

Mullen 2005
How should you handle suspected
“SALTS”
 Treat
them as you would any candidate for employment
 Do not engage in any illegal hiring practices
 Do not confront
 Document all actions
 Do not threaten, intimidate or promise
 Search and find the best candidate
Mullen 2005
Three way to avoid a union
 Positive labor relations
without a union
 Legal campaigns
 Unfair labor practices
(union busting)
Mullen 2005
Typical Unfair Labor Practices
 “TIPS”
 Failure
to bargain in good faith
 Wildcat strikes
 Arbitrary Lockouts
 Permanent replacement of workers during a legal strike
 Causing an employer to discriminate
 Charging excessive dues or fees
 Organizational or informational picketing
 Management giving financial assistance to the union
 Secondary boycott or jurisdictional strikes
 Featherbedding
Mullen 2005
Mullen 2005
Mullen 2005
Download