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  1. Unions Chapter 22

  2. HOW DO STATE AND FEDERAL GOVERNMENTS REGULATE EMPLOYMENT? • The U.S. Constitution gives the federal government certain powers and reserves other powers to the states and to the people themselves • In certain areas both state and federal laws exist. They are usually in harmony, but if there is conflict the federal law prevails.

  3. HISTORY OF LABOR LAWS • Yellow-dog contracts employment contracts in which the employee could be terminated for joining a union • Ex parte injunction an injunction issued by a judge after hearing only one side of an argument

  4. WHAT IS THE NATIONAL LABOR RELATIONS BOARD? • A federal administrative agency that administers the rights and duties given to workers, employer, and unions

  5. HOW ARE UNIONS ESTABLISHED? • Workers need to complete a series of steps. • Determine which employees should be represented together. • Bargaining unit within a unionized company, any group of employees whose employment contract is negotiated together • The organizers must obtain employee signatures on forms asking the NLRB to conduct a representation election

  6. certification when the NLRB acknowledges the union as the exclusive bargaining agent • If a union does not obtain a majority, it may not call for another election for one year • decertification election employees can reject union representation or select a different union • Managerial employees are not permitted to vote or to be represented by a union

  7. HOW DOES UNION CERTIFICATION AFFECT EMPLOYEES? • Whether or not they are union members, all workers in each bargaining unit are bound by the collective agreement reached between the union and the employer. • Workers are not required to join a union unless the employer has agreed to have a union shop.

  8. Union shop nonunion employees may be hired, but they must join the union within a stated maximum period, usually thirty days • agency shop employees are not required to join the union, but if they do not, they must nevertheless pay union dues as a condition of employment • open shop employees are not required to belong to a union or to pay dues • closed shop the employer agrees that workers must belong to the recognized union before they can be hired • has been outlawed by the Labor Management Relations Act • right-to-work laws these laws prohibit compulsory union membership and ban the union shop, closed shop, and agency shop • unions may function but only with open shops

  9. WHAT ARE UNFAIR LABOR PRACTICES BY MANAGEMENT? • Unfair labor practices certain actions of employers that are prohibited • unfair labor practice for management to interfere with employees’ efforts to form, join, or assist unions • unfair labor practice for management to encourage or to discourage union membership • blacklist placing their names on a list of pro-union persons and sending it to other employers with the purpose of making it difficult for the employees to find work • unfair labor practice for management to dominate a union or to give it financial or other support • unfair labor practice for management to refuse to bargain in good faith with the union

  10. WHAT ARE UNFAIR LABOR PRACTICES BY UNIONS? • Unfair labor practices by unions • unfair labor practice for unions to refuse to bargain collectively in good faith with the employer • unfair labor practice for unions to attempt to force an employer to pay for featherbedding- payment for services not performed • unfair labor practice for uncertified unions to picket to try to force the employer to bargain with that union • picket patrol the employer’s property with signs

  11. unfair labor practice for unions to engage in certain kinds of strikes and boycotts • strike a work stoppage by a group to force an employer to give in to union demands • lockout occurs when an employer temporarily closes down operations to induce the union to agree to the employer’s proposals • unfair labor practice for unions to require payment of an excessive or discriminatory fee for initiation into the union • unfair labor practice for unions to force or to attempt to force employees to support that union or to restrain employees from supporting competing unions • an unfair labor practice for unions to cause or to attempt to cause an employer to discriminate against an employee because of union-related activities

  12. WHAT IS COLLECTIVE BARGAINING? • Collective bargaining the process whereby the union and the employer negotiate a contract of employment that binds both sides • deadlocked when the union and employer cannot agree on important issues • mediation a mediator talks with both sides and attempts to achieve a compromise

  13. WHEN MAY A UNION STRIKE? • economic strike one where the dispute is over wages, hours, or conditions of employment • unfair labor practice strike one where the dispute is over unfair labor practices • The president of the U.S. has the power to obtain an injunction in federal court forcing a cooling off period of eighty days when a national emergency strike is threatened. • cooling-off period cessation of a labor dispute by federal court order for a period of eight days when a national emergency strike is threatened • national emergency strike one that involves national defense or major industries, or would have substantial effect on the nations economy

  14. WHEN MAY A UNION BOYCOTT? • boycott a refusal to buy or to use someone’s products or services • primary boycott involves the employees’ refusals to buy their employer’s products or services • secondary boycott boycott directed mainly against third parties who deal with the struck employer