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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. - PowerPoint PPT Presentation
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Mullen 2005
Labor UnionA 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.
Craft unions include workers who belong
to one craft or to closely related group
of occupations.
Mullen 2005
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
KNIGHTSOF LABORKNIGHTS
OF LABOR
AFLAFL
CIOCIO
Established one large union for employees and local unions from all crafts and occupational areas in 1869.
Established to include only skilled tradespeople in 1886.
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
National Labor Relations Act (Wagner Act)Encouraged the growth of trade unionsRestrained management from interfering with union growthPlaced the government in a more active, pro-labor roleEstablished the National Labor Relations Board
(NLRB)(NLRB) to regulate and enforce the lawSets up union certification electionsInvestigates complaints of unfair labor practices
Primary Labor Law Legislation:Private Sector
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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 withoutwritten 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.
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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)
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Employee Reasons for Joining Unions
Job security Socialization and group membership Safe and healthy working conditions Communication link to management Fair compensation
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Primary Labor Law Legislation (Public Sector)
EXECUTIVE ORDER 10988Began the process of creating a federal collective
bargaining systemIncluded a strong management rights clause banning
strikes and union shops
EXECUTIVE ORDER 11419Gave the Secretary of Labor authority to enforce
public sector labor-management relations
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Primary Labor Law Legislation (Public Sector)
EXECUTIVE ORDER 11823Requires 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
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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.
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Collective Bargaining:Basic Types
DISTRIBUTIVE BARGAININGWhen labor and management are in conflict on an
issue and the outcome is a win-lose situation
INTEGRATIVE BARGAININGWhen two sides face a common
problem and seek a win-win solution
CONCESSION BARGAININGWhen something of importance is given back to
management
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Administering the Contract DISCIPLINE
Most contracts retain management’s right to discipline employees
Typical expectation is to follow legal due process
GRIEVANCESAre complaints, whether valid or not, about organizational
policiesExhibit 16-10 illustrates a four-step procedure
ARBITRATIONIs a quasi-judicial process where a neutral third party provides a
binding settlement (award) for unresolvable disputesTypically 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 workersService workersKnowledge workers
4. Unions are investing heavily in:Better member services Innovative organizing techniques like the internet
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Labor Relations
The continuous relationship between a defined group of employees and managers regarding:
Workingconditions
Discipline
Hiringand
Promotions
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National Labor Relations Act (Wagner Act)
National Labor Relations Act (Wagner Act)
Encourage the growth oftrade unions and restrainmanagement from inter-fering with this growth.
Encourage the growth oftrade unions and restrainmanagement from inter-fering with this growth.
• Right to bargain collectively • Limitations on bargaining
• Representation
• Certification/decert/ elections
• Terms of agreements
• Problem of company unions
• The right to strike
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Types of Union Shops
Restricted
Open
ClosedPreferential
Agency
Union
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Open ShopEmployees have freedom to determine if they want or need a union
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Agency ShopAll non-management All non-management employees mustemployees must pay union dues whether pay union dues whether or not they are members or not they are members of the unionof the union
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Preferential ShopPreferential Shop
Union is recognized Union is recognized by managementby managementand given preferential and given preferential treatmenttreatment
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Union ShopUnion ShopRequires employee to Requires employee to join union after beingjoin union after being hired. Must follow hired. Must follow union rulesunion rules
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Closed ShopClosed ShopNew employees New employees must be union must be union membersmembers when hiredwhen hired
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Maintenance of Maintenance of membershipmembership
Members cannotMembers cannot resign during resign during term of contractterm of contract
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Mandatory Subjects of Mandatory Subjects of Bargaining Bargaining
•Rates of pay /wages.Rates of pay /wages.•Hours.Hours.•Benefits.Benefits.•Seniority.Seniority.
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Subjects of BargainingSubjects of Bargaining•Grievances. Grievances.
• Safety Practices.Safety Practices.•Layoffs.Layoffs.
•Recalls.Recalls.•Disciplines.Disciplines.•Other Conditions of Other Conditions of EmploymentEmployment..
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StrikesStrikesEconomicEconomic• Retain Status, Retain Status, • Cannot be disciplinedCannot be disciplined• Can be replacedCan be replacedULPULP• Cannot be disciplinedCannot be disciplined• Cannot be replacedCannot be replaced
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Collective bargaining is the process by which unions and management establish the terms and conditions of employment.
Collective Bargaining
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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 Laborfor Labor-Management Relations
California Highway Patrol,New York Sanitation
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Union OppositionUnion Opposition
Positive labor relations without a union
Legal campaigns Unfair labor practices
(union busting)
Always remember “TIPS”
Positive labor relations without a union
Legal campaigns Unfair labor practices
(union busting)
Always remember “TIPS”
Mullen 2005
Role of the NLRB
Questioning is donefairly about unionmembership.
Checks union information
for accuracy. No final presentations
within 24 hours
before election.
Concerning the Employer:
No threats or intimidation's are used to gain
votes. Guards the employees against union promises of special treatment. No final presentations within 24 hours before election.
Concerning the Employee:
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Types of Collective BargainingTypes of Collective Bargaining Types of Collective BargainingTypes of Collective Bargaining
Distributivebargaining
Concessionbargaining
Integrativebargaining
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Steps for Negotiating
Pre-negotiation
Selecting negotiators
Developing a bargaining strategy
Using the best tactics
Reaching a formal contractual agreement
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Using the Best Tactics
Power bargaining
Conflict-based Armed truce
Accommodation Cooperation
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Absence of Good Faith
Unwillingness to make counterproposalsConstantly changing positionsThe use of delaying tacticsWithdrawing concessions Refusal to provide necessary data
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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.
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What to do if confronted by a union organizer
Remove him from your premisesDo not accept or touch any representation cardsDo not threaten, intimidate , promise or spy (TIPS)Be wary of “SALTS.”Always enforce your “No Solicitation” policyKeep your eyes and ears open for employee changes
MeetingsQuestions on benefitsEmployee arguments
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How should you handle suspected “SALTS”
Treat them as you would any candidate for employmentDo not engage in any illegal hiring practicesDo not confrontDocument all actionsDo not threaten, intimidate or promiseSearch and find the best candidate
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Three way to avoid a unionThree way to avoid a union
Positive labor relations without a union
Legal campaigns Unfair labor practices
(union busting)
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 faithWildcat strikesArbitrary LockoutsPermanent replacement of workers during a legal strikeCausing an employer to discriminateCharging excessive dues or feesOrganizational or informational picketingManagement giving financial assistance to the unionSecondary boycott or jurisdictional strikesFeatherbedding
Mullen 2005
Mullen 2005
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