Labor Union

1. 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. Craft unions include workers who belong to one craft or to closely related group of occupations.

2. 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.

3. History of Unions Established one large union for employees and local unions from all crafts and occupational areas in 1869. KNIGHTS OF LABOR Established to include only skilled tradespeople in 1886. AFL Expanded the United Mine workers to include industrial and mass production workers in 1935. Later merged with the AFL in 1955 (AFL-CIO). CIO

4. Primary Labor Law Legislation:Private Sector • National Labor Relations Act (Wagner Act) • Encouraged the growth of trade unions • Restrained 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

5. 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.

6. 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.

7. 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)

8. Employee Reasons for Joining Unions • Job security • Socialization and group membership • Safe and healthy working conditions • Communication link to management • Fair compensation

9. 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 Primary Labor Law Legislation (Public Sector)

10. 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 Primary Labor Law Legislation (Public Sector)

11. 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.

12. 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 Collective Bargaining:Basic Types

13. 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 Administering the Contract

14. 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

15. Labor Relations Hiring and Promotions The continuous relationship between a defined group of employees and managers regarding: Working conditions Discipline

16. National Labor Relations Act (Wagner Act) • Right to bargain collectively • Limitations on bargaining • Representation • Certification/decert/ elections • Terms of agreements • Problem of company unions • The right to strike Encourage the growth of trade unions and restrain management from inter- fering with this growth.

17. Types of Union Shops Union Open Restricted Agency Closed Preferential

18. Open Shop • Employees have freedom to determine if they want or need a union

19. Agency Shop All non-management employees must pay union dues whether or not they are members of the union

20. Preferential Shop Union is recognized by management and given preferential treatment

21. Union Shop Requires employee to join union after being hired. Must follow union rules

22. Closed Shop New employees must be union members when hired

23. Maintenance of membership Members cannot resign during term of contract

24. Mandatory Subjects of Bargaining • Rates of pay /wages. • Hours. • Benefits. • Seniority.

25. Subjects of Bargaining • Grievances. • Safety Practices. • Layoffs. • Recalls. • Disciplines. • Other Conditions of Employment.

26. Strikes • Economic • Retain Status, • Cannot be disciplined • Can be replaced • ULP • Cannot be disciplined • Cannot be replaced

27. Collective Bargaining Collective bargaining is the process by which unions and management establish the terms and conditions of employment.

28. 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

29. Union Opposition • Positive labor relations without a union • Legal campaigns • Unfair labor practices (union busting) Always remember “TIPS”

30. Role of the NLRB Concerning the Employer: Concerning the Employee: • Questioning is done • fairly about union • membership. • Checks union information • for accuracy. • No final presentations • within 24 hours • before election. • 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.

31. Types of Collective Bargaining Distributive bargaining Concession bargaining Integrative bargaining

32. Steps for Negotiating Pre-negotiation Selecting negotiators Developing a bargaining strategy Using the best tactics Reaching a formal contractual agreement

33. Using the Best Tactics Conflict-based Armed truce Power bargaining Accommodation Cooperation

34. Absence of Good Faith Unwillingness to make counterproposals Constantly changing positions The use of delaying tactics Withdrawing concessions Refusal to provide necessary data

35. 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.

36. 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

37. 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

38. Three way to avoid a union • Positive labor relations without a union • Legal campaigns • Unfair labor practices (union busting)

39. 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

40. The easiest union election to win is the one never held!!

41. Always have a Zipper Clause in any contract you negotiate