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The Dynamics of Labor Relations

2007 Thomson/South-Western. All rights reserved.. 142. Objectives After studying this chapter, you should be able to:. Identify and explain the principal federal laws that provide the framework for labor relations.Explain the reasons employees join unions.Describe the process by which unions or

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The Dynamics of Labor Relations

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    1. 2007 Thomson/South-Western. All rights reserved. The Dynamics of Labor Relations

    2. 2007 Thomson/South-Western. All rights reserved. 142 Objectives After studying this chapter, you should be able to: Identify and explain the principal federal laws that provide the framework for labor relations. Explain the reasons employees join unions. Describe the process by which unions organize employees and gain recognition as their bargaining agent. Discuss the bargaining process and the bargaining goals and strategies of a union and an employer. Differentiate the forms of bargaining power that a union and an employer may utilize to enforce their bargaining demands.

    3. 2007 Thomson/South-Western. All rights reserved. 143 Objectives (contd) After studying this chapter, you should be able to: Describe a typical union grievance procedure and explain the basis for arbitration awards. Discuss some of the contemporary challenges to labor organizations.

    4. 2007 Thomson/South-Western. All rights reserved. 144 Major Labor Laws Railway Labor Act (RLA) of 1926 Norris LaGuardia Act (Anti-Injunction Act) Wagner Act (National labor Relations Act) of 1935 Taft-Harley Act (Labor-Management Relations Act) of 1947 Landrum-Griffin Act (Labor-Management Disclosure Act) of 1959 This one goes right after the learning objectives.This one goes right after the learning objectives.

    5. 2007 Thomson/South-Western. All rights reserved. 145 Government Regulation of Labor Relations The Railway Labor Act (RLA) of 1926 Purpose of the act is to avoid service interruptions resulting from disputes between railroads and their operating unions. National Mediation Board National Railway Adjustment Board The Norris-LaGuardia Act of 1932 Restricts the ability of employers to obtain an injunction against unions for their lawful activities.

    6. 2007 Thomson/South-Western. All rights reserved. 146 Government Regulation of Labor Relations The Wagner Act (National Labor Relations Act) of 1935 Protects employee rights to organize and bargain collectively through representatives of their choice. Created the National Labor Relations Board (NLRB) to govern labor relations in the United States. Holds secret ballot union representation elections. Prevents and remedies unfair labor practices.

    7. 2007 Thomson/South-Western. All rights reserved. 147 Wagner (NLRA) Act Section 7 of the Act guarantees these rights: To self-organization, to form, join, or assist labor organizations, to bargain collectively through freely chosen representatives. To engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection. To refrain from any or all of such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment.

    8. 2007 Thomson/South-Western. All rights reserved. 148 Unfair Labor Practices (ULPs) Section 8 of the Wagner Act outlawed employer practices that deny employees their rights and benefits: Interference with Section 7 rights Domination of a union (company union) Discrimination against union members Arbitrary discharge of union members Refusal to bargain with the union

    9. 2007 Thomson/South-Western. All rights reserved. 149 Amendments to the Wagner Act The Taft-Hartley Act (The Labor-Management Relations Act) of 1947 Balances the rights and duties of labor and management in the collective bargaining arena by defining unfair union practices. The Landrum-Griffin Act (Labor-Management Reporting and Disclosure Act) of 1959 Safeguards union member rights and prevents racketeering and other unscrupulous practices by employers and union officers.

    10. 2007 Thomson/South-Western. All rights reserved. 1410 Unfair Union Practices (Taft-Hartley Act) Interfering with Section 7 rights of employees Interfering with representation elections Influencing employers to discriminate with regard to union membership Refusal to bargain collectively with employer Interference with certified employee representatives relationship with employer Assessment of excessive initiation fees and dues on bargaining unit members Featherbedding

    11. 2007 Thomson/South-Western. All rights reserved. 1411 Labor Relations Process Workers desire collective representation Union begins its organizing campaign Collective negotiations lead to a contract The contract is administered

    12. 2007 Thomson/South-Western. All rights reserved. 1412 Why Employees Unionize As a result of economic needs (wages and benefits) Dissatisfaction with managerial practices To fulfill social and status needs. Unionism is viewed as a way to achieve results they cannot achieve acting individually To comply with union-shop provisions of the labor agreement in effect where they work

    13. 2007 Thomson/South-Western. All rights reserved. 1413 Figure 141 The Labor Relations Process

    14. 2007 Thomson/South-Western. All rights reserved. 1414 Organizing Campaigns

    15. 2007 Thomson/South-Western. All rights reserved. 1415 Highlights in HRM 2

    16. 2007 Thomson/South-Western. All rights reserved. 1416 Aggressive Organizing Tactics Political Involvement Union Salting Organizer Training Corporate Campaigns Information Technology

    17. 2007 Thomson/South-Western. All rights reserved. 1417 Employer Tactics Opposing Unionization Stressing favorable employer-employee relationship experienced without a union. Emphasize current advantages in wages, benefits, or working conditions the employees may enjoy Emphasize unfavorable aspects of unionism: strikes, union dues, abuses of legal rights Use statistics to show that unions commit large numbers of unfair labor practices. Initiate legal action when union members and leaders engage in unfair labor practices

    18. 2007 Thomson/South-Western. All rights reserved. 1418 Highlights in HRM 3

    19. 2007 Thomson/South-Western. All rights reserved. 1419 How Employees Become Unionized Bargaining Unit A group of two or more employees who share common employment interests and conditions and may reasonably be grouped together for purposes of collective bargaining. Exclusive Representation The legal right and responsibility of the union to represent all bargaining unit members equally, regardless of whether employees join the union or not.

    20. 2007 Thomson/South-Western. All rights reserved. 1420 Highlights in HRM 4

    21. 2007 Thomson/South-Western. All rights reserved. 1421 Impact of Unionization on Managers Challenges to Management Prerogatives Management prerogatives versus union participation in decision-making in the work place. Loss of Supervisory Authority Constraints on management in directing and disciplining the work force by terms of the collective bargaining agreement.

    22. 2007 Thomson/South-Western. All rights reserved. 1422 Structures, Functions, and Leadership of Labor Unions Craft unions Unions that represent skilled craft workers Industrial unions Unions that represent all workersskilled, semiskilled, unskilledemployed along industry lines Employee associations Labor organizations that represent various groups of professional and white-collar employees in labor-management relations.

    23. 2007 Thomson/South-Western. All rights reserved. 1423 Structure of the AFL-CIO This one goes after your current slide 14-21.This one goes after your current slide 14-21.

    24. 2007 Thomson/South-Western. All rights reserved. 1424 Structure and Functions of the AFL-CIO The House of Labor Disseminates labor policy developed by leaders of affiliated unions. Coordinates organizing activities among affiliated unions. Provides research and other assistance through its various departments. Lobbies before legislative bodies on labor subjects Publicizes the concerns and benefits of unionization Resolves disputes between different unions as they occur (preventing raiding)

    25. 2007 Thomson/South-Western. All rights reserved. 1425 Typical Organization of a Local Union This one goes after your current slide 14-22.This one goes after your current slide 14-22.

    26. 2007 Thomson/South-Western. All rights reserved. 1426 Structure and Functions of Local Unions Local Officers Elected officials who lead the union and serve on the bargaining committee for a new contract. Union Steward An employee, as a nonpaid union official, represents the interests of members in their relations with management. Business Unionism The term applied to the goals of U.S. labor organizations, which collectively bargain wages, hours, job security, and working conditions.

    27. 2007 Thomson/South-Western. All rights reserved. 1427 Types of Arbitration Compulsory Binding Arbitration A process for employees such as police officers, firefighters, and others in jobs where strikes cannot be tolerated to reach agreement. Final-offer Arbitration The arbitrator must select one or the other of the final offers submitted by the disputing parties with the award is likely to go to the party whose final bargaining offer has moved the closest toward a reasonable settlement.

    28. 2007 Thomson/South-Western. All rights reserved. 1428 Figure 142 The Collective Bargaining Process

    29. 2007 Thomson/South-Western. All rights reserved. 1429 The Bargaining Process Collective Bargaining Process The process of negotiating a labor agreement, including the use of economic pressures by both parties. Bargaining Zone Area within which the union and the employer are willing to concede when bargaining. Interest-based Bargaining Problem-solving bargaining based on a win-win philosophy and the development of a positive long-term relationship.

    30. 2007 Thomson/South-Western. All rights reserved. 1430 Figure 143 The Bargaining Zone and Negotiation Influences

    31. 2007 Thomson/South-Western. All rights reserved. 1431 Highlights in HRM 5

    32. 2007 Thomson/South-Western. All rights reserved. 1432 Management and Union Power in Collective Bargaining Bargaining Power The power of labor and management to achieve their goals through economic, social, or political influence. Union Bargaining Power Strikes, pickets, and boycotts Management Bargaining Power Hiring permanent replacement workers Continuing operations staffed by management Locking out employees

    33. 2007 Thomson/South-Western. All rights reserved. 1433 Union Power in Collective Bargaining

    34. 2007 Thomson/South-Western. All rights reserved. 1434 Employer Power in Collective Bargaining

    35. 2007 Thomson/South-Western. All rights reserved. 1435 Union Security Agreements Dues Checkoff Gives the employer the responsibility of withholding union dues from the paychecks of union members who agree to such a deduction. Shop Agreements Require employees to join or support the union. Union shop requires employee membership. Agency shop allows voluntary membership; employee must pay union dues and fees.

    36. 2007 Thomson/South-Western. All rights reserved. 1436 Figure 144 Five-Step Grievance Procedure

    37. 2007 Thomson/South-Western. All rights reserved. 1437 Highlights in HRM 6

    38. 2007 Thomson/South-Western. All rights reserved. 1438 Grievance Arbitration Rights Arbitration Arbitration over interpretation of the meaning of contract terms or employee work grievances. Fair Representation Doctrine The doctrine under which unions have a legal obligation to provide assistance to both members and nonmembers in labor relations matters.

    39. 2007 Thomson/South-Western. All rights reserved. 1439 Grievance (Rights) Arbitration

    40. 2007 Thomson/South-Western. All rights reserved. 1440 The Arbitration Hearing The arbitrator declares the hearing open and obtains the submission agreement. Parties present opening statements. Each side presents its case using witnesses and evidence; witnesses can be cross examined. Parties make closing statements. Arbitrator closes hearing and designates date and time for rendering the award.

    41. 2007 Thomson/South-Western. All rights reserved. 1441 The Arbitration Award Four factors arbitrators use to decide cases: The wording of the labor agreement (or employment policy in nonunion organizations). The submission agreement (statement of problem to be solved) as presented to the arbitrator. Testimony and evidence offered during the hearing. Arbitration criteria or standards (similar to standards of common law) against which cases are judged.

    42. 2007 Thomson/South-Western. All rights reserved. 1442 Current Challenges to Unions

    43. 2007 Thomson/South-Western. All rights reserved. 1443 Highlights in HRM 7

    44. 2007 Thomson/South-Western. All rights reserved. 1444 Key Terms arbitrator authorization card bargaining power bargaining unit bargaining zone business unionism collective bargaining process craft unions employee associations exclusive representation fair representation doctrine grievance procedure industrial unions interest-based bargaining labor relations process rights arbitration unfair labor practices (ULPs) union shop union steward

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