LEGISLATION AFFECTING UNION RELATIONSHIPS

1. LEGISLATION AFFECTING UNION RELATIONSHIPS 1926—NATIONAL RAILWAY LABOR ACT Procedures for collective bargaining & grievances 1932—ANTI-INJUNCTION ACT (NORRIS-LA GUARDIA) Banned “Yellow-dog contracts” and limited use of injunctions against unions 1935—NATIONAL LABOR RELATIONS ACT (WAGNER) Guaranteed right to form unions, formed the NLRB, listed unfair management practices 1947—LABOR-MANAGEMENT RELATIONS ACT (TAFT-HARTLEY) Rights to not join unions, bans closed shops + secondary boycotts, lists unfair union practices 1959—LABOR-MANAGEMENT REPORTING & DISCLOSURE ACT (LANDRUM-GRIFFIN) Regulates internal union affairs, requires regular reports, elections every 5 years 1980—AMENDMENT TO WAGNER ACT Guarantees conscious objectors rights to not support unions, even in union-shop states

2. NATIONAL LABOR RELATIONS ACT(WAGNER ACT) 1935 Affirmed employees’ rights to form unions and to bargain collectively Created the National Labor Relations Board (NLRB) to decide all unfair labor disputes and to oversee union elections Established a list of unfair management practices Interference with efforts to organize Domination of the labor organization by the employer – creating a “company” union Firing, demoting, or taking negative action against employees who join or vote for a union Discrimination in hiring to discourage union affiliation – not hiring suspected union sympathizers Threatening to close down a company if the workers unionize Promising to give benefits to workers for refusing to support a union Spying on union meetings – taking pictures or keeping records of who attends union meetings Asking workers about their union activities in a coercive or intimidating way Refusal to bargain collectively with chosen employee representatives

3. LABOR-MANAGEMENT RELATIONS ACT(TAFT-HARTLEY ACT) 1947 Employees can refrain from union activity (the right-to-work) Closed shop outlawed (with exceptions) Written agreement required for deducting union dues (the check-off) Employer free-speech rights & right to file unfair charges against unions Employees given right to initiate decertification elections President can intervene in strike actions for “national security” reasons Unfair labor practices of unions identified Coercion of workers to join the union – pressuring employees to sign authorization cards Jurisdictional strikes outlawed – strikes to force employer to bargain with a different union Excessive or discriminatory fees or dues Pressuring employers to discriminate against employees Featherbedding – asking to be paid for work not performed Secondary boycotts – strikes and actions against an employer where no violation of the union’s agreement has occurred Refusal to bargain in good faith

4. WHY DO WORKERS JOIN UNIONS? DISSATISFIED WITH THE ORGANIZATION WAGES & BENEFITS WORKING CONDITIONS & COMPANY POLICIES SUPERVISORY PRACTICES GRIEVANCES & UNRESOLVED DISPUTES WANT PROTECTION FROM ARBITRARY DECISIONS WRITTEN AGREEMENT (a signed contract) JOB SECURITY WANT AN OPPORTUNITY TO BE A LEADER BECOME A UNION STEWARD SERVE ON THE BARGAINING COMMITTEE FORCED TO JOIN PEER PRESSURE UNION WON THE ELECTION WANT TO WORK IN A “UNION-SHOP” STATE

5. CATALYTIC EVENTS IN A UNIONIZATION EFFORT “SIGNALS” OF DISRESPECT – (SIGNS THE FIRM DOESN’T CARE ABOUT ME!) POOR HOUSEKEEPING – (Dirty environment) POOR SUPERVISION – (Uncommunicative) INADEQUATE WAGE DIFFERENTIALS INADEQUATE PREVENTIVE MAINTENANCE ARBITRARY COMPANY POLICIES CUMBERSOME GRIEVANCE SYSTEM INCIDENTS WHERE MANAGEMENT APPEARS UNFAIR A BELIEF THAT THINGS WILL NOT CHANGE EXCEPT THROUGH COLLECTIVE ACTION AND THAT THE BENEFITS OF ORGANIZING OUTWEIGH THE COSTS EXISTENCE OF A “CRITICAL MASS” OF WORKERS WHO WILL ACTIVELY PURSUE UNION ORGANIZATION COLLECTION OF SIGNED AUTHORIZATION CARDS (>30%) TO JUSTIFY AN ELECTION SUPERVISED BY THE NLRB

6. UNIONIZATION OBJECTIVES TO SECURE & IMPROVE THE LIVING STANDARDS FOR ITS MEMBERS TO PROTECT MEMBERS FROM THREATS CAUSED BY MARKET FLUCTUATIONS, TECHNOLOGICAL CHANGES, AND MANAGEMENT DECISIONS TO INFLUENCE POWER AND SOCIAL SYSTEMS IN WAYS THAT FAVOR AND DO NOT THREATEN UNION GAINS AND GOALS TO ADVANCE THE WELFARE OF ALL WHO WORK FOR A LIVING, WHETHER UNION MEMBERS OR NOT TO CREATE MECHANISMS TO GUARD AGAINST THE USE OF ARBITRARY AND CAPRICIOUS POLICIES AND PRACTICES IN THE WORKPLACE

7. SHOULD THE ORGANIZATION RESIST UNIONIZATION? COSTS LEGAL SERVICES AND FEES LOSS OF PRODUCTIVE TIME LOSS OF EXECUTIVE TIME POOR PUBLIC IMAGE DAMAGES RELATIONSHIPS WITH EMPLOYEES BENEFITS RETAINS MANAGEMENT FLEXIBILITY AVOIDANCE OF STRIKES LOWER LABOR COSTS

8. COMMUNICATIONS BY THE ORGANIZATION DURING A UNIONIZATION EFFORT POSSIBLE CAMPAIGN THEMES ANTI-UNION (All unions are bad!) ANTI THIS UNION (Of all the unions, this one is really bad!) PRO COMPANY (Look at all the good stuff we’ve done for you!) INTELLIGENT CHOICE (Consider the pros/cons of your choice) YOU CAN: A) voice an opinion, B) provide information, C) explain workplace changes, D) give wage and benefit comparisons SPECIFIC ISSUES OFTEN RAISED BY THE ORGANIZATION Strike record of the union Membership cost (financial and otherwise) Union corruption and abuse Company merits Benefits of remaining union-free Changes will be distasteful and disruptive

9. ISSUES COMMONLY RAISED BY UNION ORGANIZERS ADEQUATE COMPENSATION AND BENEFITS PROTECTING JOBS AND SENIORITY ARBITRARY COMPANY POLICIES UNRESOLVED GRIEVANCES AND DISPUTES IS THE COMPANY TRYING TO TAKE SOMETHING AWAY? LOST JOBS REDUCED BENEFITS THE FIRM IS UNFAIR OR EXPLOITIVE MANAGEMENT DOESN’T LISTEN TO US WORKERS NEED MORE CONTROL (Which a union can provide)

10. FOUR TYPES OF NLRB ELECTIONS REGULAR CERTIFICATION ELECTION (RC) Employees petition NLRB to decide whether union representation is desired CERTIFICATION ELECTION REQUESTED BY THE FIRM (RM) Authorization cards submitted by the organization to force a decision regarding union representation DECERTIFICATION ELECTION (RD) Initiated by employees (not by the organization). Must be submitted to NLRB 60 to 90 days prior to contract expiration. An affirmative vote expels the union, and there is no longer a contract. The result is an “open shop.” DEAUTHORIZATION ELECTION (UD) Similar to decertification, except the union is not removed. It creates an “exclusive bargaining shop” where the union represents workers, but support is not mandated.

11. DURING THE UNIONIZATION CAMPAIGN THE NLRB WATCHES FOR: Questioning of employees about union membership and activity Information provided to employees is truthful (both union & firm) No threats or intimidation are used to gain votes No promises of special treatment for votes No final presentations within 24 hours of the election ONCE THE ELECTION IS OVER (AND THE UNION WON) THE NLRB WATCHES FOR: Bargaining in “good faith” Parties must meet and confer. There is no obligation to agree or make concessions. Signs of “bad faith” bargaining Unwillingness to make counterproposals Constantly changing positions on issues Use of delaying tactics Withdrawal of concessions immediately after they’ve been made Refusal to provide necessary data for negotiations “Boulwarism”

12. NLRB RULINGS REGARDING COMPENSATION ISSUES PAY STRUCTURE Explain salary and merit systems to the union SALARY DISCLOSURE Union is entitled to know actual pay details for each person in their bargaining unit WAGE DISCUSSION Can’t enforce a rule prohibiting discussion of wages among workers WAGE DATA DISTRIBUTION When distributed by a union, release of wage data is not an invasion of privacy PAY SURVEY DATA Must reveal firms surveyed (if known) to the union BONUSES Once distributed, must be continued even if not in the contract BENEFITS Cannot be changed in the middle of a contract without reopening negotiations

13. UNION BARGAINING ISSUES UNION RECOGNITION UNION SECURITY COMPENSATION AND BENEFITS GRIEVANCE PROCEDURES EMPLOYEE SECURITY WORK RULES & JOB-RELATED FACTORS MANAGEMENT RIGHTS

14. UNION SECURITY AGREEMENTS CLOSED SHOP Must be a union member to be interviewed for a job UNION SHOP Must join the union after probationary period is completed AGENCY SHOP Don’t have to join union, but must pay “fair share” of expenses to the union EXCLUSIVE BARGAINING SHOP Union has right to represent workers, but support of union is strictly voluntary OPEN SHOP No union is recognized as bargaining agent. No one has to join anything. MAINTENANCE OF MEMBERSHIP CLAUSE Union members must continue to support the union once they’ve joined CHECKOFF Requires the employer to automatically deduct union dues from employee paychecks

15. BREAKDOWNS IN NEGOTIATIONS: POSSIBLE STRATEGIES UNION TACTICS Slowdowns Picketing Strikes Boycotts Sabotage “Salting” Corporate campaigns ORGANIZATION TACTICS Lockouts Supervisors continue operations Use of replacement workers Phase down or close facilities THIRD PARTIES Mediation Issues Arbitration

16. TYPE OF STRIKES ECONOMIC Collective bargaining failure – officially authorized by the union JURISDICTIONAL Tries to force recognition or work for our own members, rather than other unions (illegal under Taft-Hartley Act) SYMPATHY Express support for another union (and cease work) even though you have no grievance against the stricken party UNFAIR LABOR PRACTICE A protest against alleged illegal employer actions, according to the contract or the NLRB WILDCAT A strike action without union approval

17. THE MORALITY OF LABOR DISPUTES ARE STRIKES “MORAL?” Are strikes necessary to redress “wrongs” which cannot be ignored? Or, is a strike simply raw coercion or blackmail? STRIKE ACTIONS MAY BE MORALLY JUSTIFIABLE IF: The issue forcing a strike is a “just-cause” (job-related) Proper authorization has been obtained (no sudden surprises) The strike action is used as a “last resort” (we’ve tried everything else first) IF WORKERS HAVE A LEGITIMATE RIGHT TO STRIKE, DO EMPLOYERS HAVE A MORAL RIGHT TO USE LOCKOUTS OR REPLACEMENT WORKERS TO PROTECT THEIR BUSINESSES AND TO CONTINUE TO SERVE THE PUBLIC? HOW ETHICAL ARE SYMPATHY STRIKES, BOYCOTTS, SABOTAGE, AND CORPORATE CAMPAIGNS? ASK YOURSELF, WHO ARE WE HURTING WITH THESE ACTIONS? DO THE AFFECTED PARTIES DESERVE TO BE HURT?

18. THREATS TO UNIONS TODAY DECLINE OF INDUSTRIAL/MANUFACTURING SECTOR JOBS SHIFT TO SERVICE-ORIENTED INDUSTRIES INTERNATIONAL COMPETITION FOR MARKETS TECHNOLOGICAL ADVANCEMENTS AND ROBOTS EMPLOYEE “RIGHTS” LEGISLATION DECLINING PUBLIC IMAGE OF LABOR DECLINE IN UNION MEMBERSHIP HARD-LINE APPROACH TO UNIONIZATION DECERTIFICATION ELECTION SUCCESS BUSINESS DECLINES, BANKRUPTCIES, AND MERGERS Concessions and “give back” bargaining Two-tiered contract agreements ENLIGHTENED MANAGEMENT PRACTICES Worker participation and empowerment

19. FACTORS THAT REDUCE THE CHANCES FOR SUCCESSFUL UNION ORGANIZATION • Employees believe the organization is NOT trying to exploit them • Employees that take a lot of pride in their work • Good performance records kept by the organization • Employee effort is recognized and appreciated • Disciplinary procedures are fair and consistent • Rewards are based on clear performance criteria, not on favoritism • Supervisors have good relationships with workers

20. ARBITRATORS NORMALLY CONSIDER: • NATURE OF THE OFFENSE • DUE PROCESS PROCEDURES—ARE THERE ANY AND WERE THEY FOLLOWED? • KNOWLEDGE OF RULES BY WORKERS • CONSISTENCY IN ENFORCEMENT OF RULES • PAST RECORD AND PREVIOUS WARNINGS • LENGTH OF SERVICE WITH THE COMPANY • SIGNS OF DISCRIMINATORY TREATMENT

21. THE CHANGING SOCIAL CONTRACT OLD CONTRACT -- LOYALTY GUARANTEES SECURITY Job security and a lifetime career (paternalistic) Steady advancement and rising income Loyalty to and identification with the organization (employer) Sense of employee entitlement NEW CONTRACT -- YOU HAVE A JOB ONLY IF YOU PERFORM Employment only as long as you “add value” Payment for contributions, not seniority Responsible for your own development and career Loyalty to self and profession, not the company Job and employer changes are frequent

22. MODELS OF MANAGEMENT MORALITYAPPLIED TO EMPLOYEE STAKEHOLDERS IMMORAL MANAGEMENT Employees are factors of production used for company gain. Little concern shown for employees’ needs, rights, & expectations. Short-term focus. Environment is coercive, controlling, & alienating. AMORAL MANAGEMENT Employees are treated as the law requires. Motivation focuses on increasing production, not on satisfying employees’ needs. Treats employees with minimal respect. Structure and incentives are geared toward short- & medium-term productivity. MORAL MANAGEMENT Employees are a human resource that must be treated with dignity and respect. Employees’ rights to due process, privacy, freedom of speech, and safety are respected. Consultation and participation are used to build confidence, trust, and commitment.

23. CLAIMED EMPLOYEE “RIGHTS” • EMPLOYMENT • DUE PROCESS • EXPRESSION • PRIVACY • SAFE WORK ENVIRONMENT • EQUAL OPPORTUNITY • JUST WAGES • ORGANIZE EXPECTATIONS FROM EMPLOYERS JUSTICE/FAIRNESS NON-INJURY TREATMENT WITH DIGNITY & RESPECT OBLIGATIONS TO EMPLOYERS LOYALTY OBEDIENCE CONFIDENTIALITY OBLIGATIONS TO THIRD PARTIES TRUTHFULNESS NON-INJURY FAIRNESS

24. THE RIGHT TO WORK DERIVED FROM BASIC RIGHTS TO LIFE, DEVELOPMENT, & RESPECT A “RIGHT” TO EMPLOYMENT MAY ARISE WHEN: Labor supply exceeds demand No alternative ways to earn a living exist, except to work for others Extended families (which share resources) do not exist, or break down “EMPLOYMENT AT WILL” DOCTRINE There is no contract. Either member can terminate the relationship at any time THREE EXCEPTIONS PUBLIC POLICY Refuse to commit crimes, testify to authorities, blow the whistle CONTRACT Written or implied by letters, handbook or oral assurances BREECH OF GOOD FAITH Is this fair? Was an opportunity given to improve?

25. DUE PROCESSThe right to a “fair” hearing WHAT IS AN “UNJUST” DISMISSAL? Disloyalty – blowing the whistle? Theft? Violation of company policies and procedures? Lateness and absenteeism? Inefficiency and low productivity? Lack of ability and skills? Incompatibility with management? Economic downturn? What is the morality of job loss due to each of these circumstances?

26. IS THE DISCIPLINARY PROCESS “FAIR?” ATTRIBUTIONAL MODEL OF FAILURE Is the person at fault, or is it the situation that has created the problem? “Fundamental Attribution Error” --- blames the person most of the time IS POOR WORK PERFORMANCE ATTRIBUTED TO: PERSON LACK OF ABILITY LACK OF EFFORT ENVIRONMENT DIFFICULT TASK BAD LUCK SUPERVISOR RESPONSE TO FAILURE LACK OF ABILITY – CONSIDER TRAINING OR TRANSFER LACK OF EFFORT – CONSIDER DISCIPLINE OR MOTIVATIONAL PLAN A DIFFICULT TASK – CONSIDER JOB REDESIGN BAD LUCK – OFFER SYMPATHY AND SUPPORT

27. TWO PHILOSOPHICAL OBJECTIVES RE: PROBLEM EMPLOYEES & DISCIPLINE CORRECTION Try to change behavior or outcomes Results or actions must be “corrected!” RETRIBUTION (PUNISHMENT) One must bear the consequences of one’s actions There is a “price” to pay when mistakes are made The offending parties need to “feel real bad” about what happened! TWO TYPES OF WORK-RELATED DISCIPLINE PROBLEMS POOR WORK PERFORMANCE INAPPROPRIATE PERSONAL CONDUCT

28. PROBLEM EMPLOYEES POOR WORK PERFORMANCE LACK OF ABILITY? LACK OF MOTIVATION? TASK IS TOO DIFFICULT? UNFORSEEN OBSTACLES? INAPPROPRIATE PERSONAL CONDUCT ALCOHOLISM & DRUG ABUSE PERSONAL PROBLEMS?…WILLING TO REHABILITATE? THEFT, VANDALISM, HARASSMENT & ILLEGAL ACTS DO WE HAVE GOOD EVIDENCE?…WHAT MOTIVATED THEM TO DO THIS? HORSEPLAY AND BREAKING COMPANY RULES DELIBERATE OR UNINTENTIONAL?…ARE THE RULES LOGICAL AND FAIR?

29. DISCIPLINARY MISTAKES MADE BY SUPERVISORS • Rules and procedures are not formalized (written down) • Workers don’t know what the rules are (not communicated) clearly) • Supervisor is too lenient early, and too strict later • Supervisor “chews out” (disciplines) employees in public • No objective investigation of facts prior to discipline • No opportunity for employee to state his/her side of the story • No avenue of appeal available • No records kept of previous incidents or rule violations

30. WRITTEN RECORDS OF VIOLATIONS SHOULD INCLUDE: • A statement of the facts … what happened? • Identify the rule violated • What damages did, or could have resulted from this action? • Previous violations by this employee • Future consequences if this happens again • The worker’s version of the incident • The worker’s signature and date

31. DISCIPLINARY ACTION GUIDELINES DON’T JUMP TO CONCLUSIONS – GET ALL THE FACTS FIRST BE A GOOD LISTENER BE PROMPT IN DEALING WITH THE ISSUE COMMUNICATE WHICH BEHAVIORS ARE DESIRABLE THE ACT, NOT THE PERSON, SHOULD BE CONDEMNED DISCIPLINE SHOULD BE ADMINISTERED IN PRIVATE TACTFULLY WATCH TO SEE WHETHER BEHAVIOR IMPROVES

32. THE EMPLOYER HAS OBLIGATIONS TO DUE PROCESS: CONDUCT A THOROUGH INVESTIGATION PROVIDE AVENUES OF APPEAL CHAIN-OF-COMMAND “OPEN DOOR” POLICY OMBUDSPERSON PEER REVIEW PANEL ARBITRATION

33. ARBITRATORS NORMALLY CONSIDER: • NATURE OF THE OFFENSE • DUE PROCESS PROCEDURES—ARE THERE ANY AND WERE THEY FOLLOWED? • KNOWLEDGE OF RULES BY WORKERS • CONSISTENCY IN ENFORCEMENT OF RULES • PAST RECORD AND PREVIOUS WARNINGS • LENGTH OF SERVICE WITH THE COMPANY • SIGNS OF DISCRIMINATORY TREATMENT

34. EMPLOYER OBLIGATIONS, CONTD TO ASSIST THE FORMER EMPLOYEE: JOB LOSS DUE TO: POOR WORK PERFORMANCE POOR PERSONAL CONDUCT ECONOMIC DOWNTURN SHOULD THE EMPLOYER PROVIDE? ADEQUATE NOTICE? SEVERANCE PAY? ASSISTANCE IN FINDING A NEW JOB? JOB RETRAINING/RETOOLING?