Labor relations and collective bargaining private and public sectors

BRIEF CONTENTSPART I Labor Relations Overview 1 Chapter 1 Introduction to Labor Relations 1 Chapter 2 Private Sector Labor Relations: History and Law 39 Chapter 3 Public Sector Labor Rel

Labor Relations and

Christina Heavrin, J.D

Former Labor Negotiator and Special Counsel to the Mayor

Louisville/Jefferson County Metro Government

Louisville, Kentucky

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Library of Congress Cataloging-in-Publication Data

Carrell, Michael R.

Labor relations and collective bargaining : private and public sectors / Michael R Carrell, Christina Heavrin — 10th ed.

p cm.

9th ed has subtitle: Cases, practice, and law.

Includes bibliographical references and index.

ISBN-13: 978-0-13-273001-3 (alk paper)

ISBN-10: 0-13-273001-4 (alk paper)

1 Collective labor agreements—United States 2 Collective bargaining—Law and legislation—United States

3 Industrial relations—United States I Heavrin, Christina II Title

KF3408.C37 2013

344.7301'89—dc23

2011033786

ISBN 10: 0-13-273001-4 ISBN 13: 978-0-13-273001-3

10 9 8 7 6 5 4 3 2 1

We dedicate this work to the thousands of former students who inspired us to write yet another

edition of this book!

In addition, we dedicate it to our colleagues on both sides of the negotiation table, from whom

we have learned through practice much of the material presented in this book.

Finally, we dedicate it to our families, who have given us time on weekends, holidays, and

evenings to write books:

Colleen Sue, my wife, loving mother of our girls, and 2011 “Employee of the Year”

Shari Diane, my firstborn and a model parent and homeowner

Amber Maureen, my Hanover College graduate and Oregon graduate student

Lexi Savannah, my NKU Accounting and Spanish major, and her new husband Sean Toon

Annabelle Michael, my Dixie Heights High School 2011 Valedictorian

Autumn Rain, Boompa’s dance partner and first grader

Michael R Carrell

As always, this is dedicated to my husband, Mike Ward, my son and his wife, Jasper and

Amanda, Jax, my grandson, and my son, Kevin.

Christina Heavrin

Reviewers:

We also dedicate this tenth edition to the following reviewers who provided insightful

suggestions:

Tenth edition reviewers:

Jerry Carbo, Shippensburg University

Diane Galbraith, Slippery Rock University

Bob Hoell, Georgia Southern University

David Jacobs, Morgan State University

Gundars Kaupins, Boise State University

Louis J Manchise, Northern Kentucky University

Sophie Romack, John Carroll University

Josh Schwarz, Miami University

David Strecker, Oklahoma State University

Reviewers of prior editions:

Robert Hatfield, Western Kentucky University; Anthony Chelte, Western New England

College; Dawn Addy, Florida International University; James Browne, Colorado State

University–Pueblo; Ross Prizzia, University of Hawaii West; Jim Hall, Santa Clara University;

Jack Dustman, Northern Arizona University; Douglas McCabe, Georgetown University; Mel

Schnake, Valdosta State University; James Kyle, Indiana State University; James Castagnera,

Rider University; Joe Benson, New Mexico State University; Ronald Atkins, Salve Regina

University; Katie Laskowitz, Purdue University; Jeffrey Bailey, University of Idaho; Kenneth

Kovach, George Mason University; Richard Posthuma, University of Texas–El Paso; James

Wanek, Boise State University; Steve Briggs, DePaul University; Thomas Lloyd, Westmoreland

iii

County Community College; J Dane Partridge, Virginia Polytechnic Institute; Virginia C Rogers, University of South Dakota; Ronney Vandeveer, Purdue University; Lane Tracey, Ohio University; Deborah Kottel, University of Great Falls; Debra J Cohen, George Mason University; R Richard Sabo, California State Polytechnic University; Robert A Figler, University of Akron; Deb Buerkley, Southwest State University; William Sharbrough, The Citadel; David R Bloodsworth, University of Massachusetts; Larry Donnelly, Xavier University; Roger Wolters, Auburn University; Louis White, University of Houston at Clear Lake; Steven Willborn, University of Nebraska at Lincoln; John Vahaly, University of Louisville; and Robert C Miljus.

iv

BRIEF CONTENTS

PART I Labor Relations Overview 1

Chapter 1 Introduction to Labor Relations 1

Chapter 2 Private Sector Labor Relations: History and Law 39

Chapter 3 Public Sector Labor Relations: History and Law 79

PART II The Collective Bargaining Process 117

Chapter 4 Establishing a Bargaining Unit and the Organizing Campaign 117

Chapter 5 Negotiation Models, Strategies, and Tactics 160

Chapter 6 Negotiating a Collective Bargaining Agreement 205

PART III Cost of Labor Contracts 245

Chapter 7 Wage and Salary Issues 245

Chapter 8 Employee Benefits 285

Chapter 9 Job Security and Seniority 322

PART IV The Labor Relations Process in Action 359

Chapter 10 Unfair Labor Practices and Contract Enforcement 359

Chapter 11 Grievance and Disciplinary Procedures 406

Chapter 12 The Arbitration Process 430

Chapter 13 Comparative Global Industrial Relations 465

Appendix A Texts of Statutes 503

Appendix B Collective Bargaining Simulation 532

Appendix C Labor Media Guide 535

v

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Preface xxi

PART I Labor Relations Overview 1

Chapter 1 Introduction to Labor Relations 1

SHRM C ERTIFICATION 3

Welcome! 3What is Labor Relations and Why Study it? 3

Labor Unions Today: Pros and Cons 7Why Join a Union? 10

Union Membership 13

Employee Free Choice Act 18

Opportunities for Growth 18

Hospitality Industry 19Health Care Industry 19Airline Industry 20Casino Industry 21Shipping Industry 22Professional Workers 22Immigrant Workers 22Foreign-Owned U.S Auto Plants 23

Labor–Management Cooperation 23GM/NUMMI 24

Types of Unions 25Unions in Professional Sports 29

 CASE STUDY 1-1: Job Performance 34

 CASE STUDY 1-2: Grooming Standards at Southwest Airlines 35

You Be the Arbitrator: Should an Employee’s File Be Expunged? 36

Chapter 2 Private Sector Labor Relations: History and Law 39

The Roots of the American Labor Movement 41Growth of National Unions 42

Unions, People, Incidents 42Molly Maguires 43

Railway Strike of 1877 43The Haymarket Square Riot 45Knights of Labor 46

Homestead, Pennsylvania, 1892 46Pullman Strike, 1894 46

Eugene Debs 48American Federation of Labor 49Samuel Gompers 50

Bunker Hill & Sullivan Mining Incident, Coeur d’Alene, Idaho 50Industrial Workers of the World 51

Women’s Trade Union League 52Ludlow, Colorado, Massacre, 1914 52John L Lewis 53

Congress of Industrial Organizations 54

Early Judicial Regulation 55

The Cordwainers Conspiracy Cases 55Use of Labor Injunctions 56

The Erdman Act 57Unions Gain a Foothold 58

Pro-Labor Legislation 60

The Clayton Act 60The National War Labor Board 60The Railway Labor Act 61

The Creation of a National Labor Policy 62

The Norris-La Guardia Act 62The National Labor Relations Act (The Wagner Act) 62The Fair Labor Standards Act 63

The Labor-Management Relations Act (Taft-Hartley Amendments) 65

The Labor-Management Reporting and Disclosure Act of 1959 67The Employee Free Choice Act 68

Workforce Diversity 69

African Americans and Unions 70Women and Unions 71

Immigrants and Unions 72

Summary 73

 CASE STUDY 2-1: Interfering with the Employee’s Right to Unionize 73

 CASE STUDY 2-2: Discriminating Against Union Members 74

You Be the Arbitrator: Management Rights 76

Chapter 3 Public Sector Labor Relations: History and Law 79

Defining the Public Sector 82

The Push for Public Sector Collective Bargaining 87

Public Sector Labor Laws 89

The Sovereignty Doctrine 89

Federal Employees 89

T HE C IVIL S ERVICE R EFORM A CT OF 1978, T ITLE VII 91

State and Local Government Employees 93

Public Sector Unions 94

Contrasting Public and Private Sector Labor Relations 96

Collective Bargaining’s Impact on Governmental Budgeting 97

Lack of “Union Security” in the Public Sector 101

Supervisors in Bargaining Units 101

Size of Public Sector Bargaining Units 102

The Right to Strike 102

Resolving Impasse in the Public Sector 104

Alternative Dispute Resolution Procedures 106

Enforcement of Collective Bargaining Rights 107

Current Public Sector Challenges 107

Privatization 107

School Vouchers 109

Taxpayer Revolt 111

Summary 113

 CASE STUDY 3-1: Collecting Union PAC Money 113

 CASE STUDY 3-2: Resolving Impasse by Binding Arbitration 114

You Be the Arbitrator: Bereavement Leave 116

PART II The Collective Bargaining Process 117

Chapter 4 Establishing a Bargaining Unit and the Organizing Campaign 117

Bargaining Unit Determination 118

Bargaining Unit 120Appropriate Unit 120

Salting 137

Union Avoidance Strategies by Management 137

Management “TIPS” and “FORE” in Campaigns 138Countersalting Steps 141

Representation Election Procedures 143

Prohibited Conduct During an Election 146

 CASE STUDY 4-1: Salting 155

 CASE STUDY 4-2: Exclusive Representation 157

You Be the Arbitrator: “Just Cause” for Termination 158

Chapter 5 Negotiation Models, Strategies, and Tactics 160

Negotiating Sessions: “At the Table” 162

Opening Offers: Anchors 176

Use of Framing Questions 184

Applying Norms and Frames 185

Integrative Bargaining 186

Integrative versus Distributive Bargaining 187

Principled Negotiations 188

K EY #1: P OSITIONS V ERSUS I NTERESTS 188

K EY # 2: S EPARATE P EOPLE FROM I SSUES 189

K EY # 3: F OCUS ON O BJECTIVE C RITERIA 189

K EY # 4: D EVELOP M UTUAL G AINS O PTIONS 190

Summary 198

 CASE STUDY 5-1: Good-Faith Negotiations 199

 CASE STUDY 5-2: Selection of Bargaining Team Members 201

You Be the Arbitrator: Negotiations 203

Chapter 6 Negotiating a Collective Bargaining Agreement 205

The Bargaining Process 206

The People Who Bargain 206

N O -S TRIKE , N O -L OCKOUT P ROVISIONS 222

Resolution Stage: Beyond Impasse 223

F ACT -F INDING 225

F INAL -O FFER A RBITRATION 225

Reducing an Agreement to Writing 226Key Provisions of a CBA 227

Union Security 227

Right-to-Work Laws 231

 CASE STUDY 6-1: Surface Bargaining 239

 CASE STUDY 6-2: Impasse in Negotiations 240

You Be the Arbitrator: School Bus Drivers 242PART III Cost of Labor Contracts 245

Chapter 7 Wage and Salary Issues 245

Union Wage Concerns 248

Worker/CEO Pay Gap 250Union Wage Objectives 250Industrial Differentials 252

Management Wage Concerns 252

Negotiated Wage Adjustments 256

Standard Rate, Pay Range Systems 256Piece-Rate Systems 256

Deferred Wage Increases 257Cost-of-Living Adjustments 258Profit Sharing 260

Scanlon Group Incentive Plans 261Two-Tier Wage Systems 262Lump-Sum Payments 263

Concession Bargaining 264

Executive Pay 268Payback Agreements 268Employer Concessions 268

Wage Negotiation Issues 269

Productivity Theory 269Ability to Pay 270Job Evaluation 271

Wage Surveys 273Costing Wage Proposals 273

Base 275Roll-Up 276Total Negotiated Costs 277

Summary 278

 CASE STUDY 7-1: Premium Pay Rates 278

 CASE STUDY 7-2: Incentive Pay 280

You Be the Arbitrator: Scheduling Saturday as Part of the Workweek 282

Chapter 8 Employee Benefits 285

Required Benefits 287Negotiated Benefits 288Income Maintenance Plans 289

Pension Plans 289Cost Containment 289Public Sector Pensions 289Traditional Pension Plans 290ESOP: An Alternative Retirement Plan 292Employee Retirement Income Security Act 292Issues in Pension Negotiations 293

Death and Disability Plans 297

Health Care 299

Health Care Cost Containment 299

Behavior Modification Programs 300

Health Reimbursement Arrangements 301

Domestic Partners 301

Voluntary Employees Beneficiary Association 301

Wellness Programs 302

Employee Assistance Programs 303

The Consolidated Omnibus Budget Reconciliation Act 304

Pay for Time Not Worked 304

Flexible Benefit Plans 314

Child Care 316

Elder Care Programs 316

Credit Unions 317

Public Sector Benefits Issues 317

Summary 317

 CASE STUDY 8-1: Paid Leaves of Absence 318

 CASE STUDY 8-2: Employee Benefits 319

You Be the Arbitrator: Not Working a 40-Hour Week 321

Chapter 9 Job Security and Seniority 322

Layoff and Recall Rights 331

Layoffs and Affirmative Action Plans 334

Advanced Notice of Shutdown 334

Worker Adjustment and Retraining Notification Act 334

Determining Ability 335Company Mergers 335

Subcontracting, Outsourcing, and Relocating 337

Employee Alcohol and Drug Testing 345

Employee Attitudes Toward Drug Testing 349

Social Media Usage 350Public Sector Security Issues 351

Summary 351

 CASE STUDY 9-1: Relocating Work Without Bargaining 352

 CASE STUDY 9-2: Drug Testing 356

You Be the Arbitrator: Subcontracting Work or Union Busting? 357PART IV The Labor Relations Process in Action 359

Chapter 10 Unfair Labor Practices and Contract Enforcement 359

Interference with Employees’ Right to Organize 361

Unfair Labor Practices That Interfere With Organizing

a Bargaining Unit 362

T YPICAL U NFAIR L ABOR P RACTICES IN AN O RGANIZING

Employer Domination and Interference 369Employee Teams and the NLRA 369Employer Support and Assistance 370

Discrimination Against Union Members 370Protected Concerted Activities 372

Prominent U.S Strikes 376Weingarten Rule 378Union Restraint or Coercion of Employees 379

Duty to Bargain in Good Faith 381

Nature of the Duty 381Totality of Conduct Doctrine 381Surface Bargaining 382

Duty to Furnish Information 384

Rights and Prohibited Conduct During the Term of a Contract 385

Duty to Bargain during the Contract Term 385

Union Demand to Negotiate During a CBA 386

Employer’s Unilateral Action During a Contract Term 387

Prohibited Economic Activity During a Contract Term 387

The Authority of the NLRB 391

Section 10(J): Court Injunctions 394

Court and NLRB Deferral to Arbitration 396

Public Sector Unfair Labor Practices and

Contract Enforcement 398

Federal Government 398

State and Local Governments 399

Individual Rights Within Unions 399

Duty of Fair Representation in Contract Negotiations 399

Summary 401

 CASE STUDY 10-1: Unfair Labor Practice

by an Employer 401

 CASE STUDY 10-2: Unfair Labor Practice by a Union 402

You Be the Arbitrator: Refusing to Arbitrate 404

Chapter 11 Grievance and Disciplinary Procedures 406

Steps in a Grievance Procedure 409

Step 1: Employee, Steward, Supervisor 410

Step 2: Written Grievance 410

Step 3: Shop Steward, Department Head 410

Step 4: Union Grievance Committee, Director of Personnel

and Industrial Relations 411Step 5: Arbitration 411

Functions of Grievance Procedures 413

Grievance Mediation 422Public Sector Grievance Issues 424

Summary 425

 CASE STUDY 11-1: Insubordination of a Police Officer While in Pursuit of a Stolen Vehicle 425

 CASE STUDY 11-2: Sleeping on the Job 426

You Be the Arbitrator: Employee Writing Threats 428

Chapter 12 The Arbitration Process 430

Types of Arbitration 431

Demand for Rights Arbitration 434

History and Legal State of Arbitration 435Arbitration of Statutory Rights in Union and Nonunion Cases 439

Title VII Cases 439The Federal Arbitration Act and Individual Employment Agreements 440

Selecting the Arbitrator 443

Arbitration Services 444Qualifications of Arbitrators 444Tripartite Arbitration Board 446

Determining Arbitrability 447

Hearing Procedures 449

Opening Statement 449Rules of Evidence 449Assessing Credibility of Witnesses 449Presenting Documents, Photographs, and Videos 450Examination of Witnesses 450

Summation 450Arbitrator’s Award and Opinion 450

Case Preparation 451

Decision Criteria 451

Just Cause 452

Seven Tests of Just Cause for Discipline 455

Arbitration Issues in the Public Sector 457

Interest Arbitration 457Rights Arbitration 458

Summary 460

 CASE STUDY 12-1: Drug and Alcohol Testing 461

 CASE STUDY 12-2: Arbitrability 462

You Be the Arbitrator: Can a “Just Cause” Standard Be Satisfied Without Proving Fault? 463

Chapter 13 Comparative Global Industrial Relations 465

Globalization 467

Foreign Direct Investment 467Multinational Enterprises 467Financial Markets 468Deregulation and Liberalization 468Trade Unions 469

Worldwide Labor Movement 469

Industrial Revolution 469Democratic Revolution 470Capitalist Revolution 470Growth of Trade Unions 472

International Labour Organization 473Anglophone Countries 475

Great Britain 475Canada 478Australia 479

European Union Nations 480

The European Union 480Germany 484

France 485Italy 488

 CASE STUDY 13-1: Freedom of Movement 497

 CASE STUDY 13-2: Discrimination Against Union Official 499

You Be the Arbitrator: Minimum Wage 501

Appendix A Texts of Statutes 503

National Labor Relations Act 503 Labor-Management Relations Act 520

Appendix B Collective Bargaining Simulation 532

Appendix C Labor Media Guide 535

Endnotes 538

Index 559

The glossary for this text can be found at http://www.prenhall.com/carrell.

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FOCUS OF THE BOOK

Welcome to the tenth edition of Labor Relations and Collective Bargaining, which over the

past 30 years has become the standard for labor relations textbooks The PHR and SPHR

Certification Guide lists only one textbook for the employee and labor relations functional

area for students preparing for the Society for Human Resource Management (SHRM)

professional exams—this textbook! This new edition includes several significant changes

from the ninth edition, including two entirely new chapters and a focus on labor relations in

the public sector as well as private sector We sincerely thank the reviewers of prior editions

for suggesting many of the changes The tenth edition contains over 100 updates derived from

both court and NLRB decisions and recent labor events At the same time, it maintains the

hallmark features of past editions

NEW TO THIS EDITION!

• Chapter 1 is a totally new introduction to the field of labor relations, which defines the

field of labor relations and explains why all students will learn important organizational

concepts that are relevant to many fields of interest In addition the chapter discusses the

pros and cons of labor unions, and why people join unions Types of unions and

labor–management cooperation are also covered

• Chapter 3 is a totally new chapter that defines public sector labor relations (local, state,

federal government) and provides its history In addition, the chapter outlines important

contrasts between private and public sector labor relations

• Chapter 5 includes an explanation of the two primary methods of negotiation: distributive

bargaining and integrative bargaining Practical “real-life” examples of both methods

are included in the chapter These negotiation techniques can be utilized by students in a

variety of personal and professional situations

• Chapter 5 includes a discussion of ethics in negotiations In collective bargaining, people are

faced with difficult and unique ethical situations as they strive to conceal their “bottom-line”

interests while building trust through open, honest negotiations

• Chapter 6 includes a new section on conflict resolution techniques—mediation, arbitration,

and fact-finding As an alternative to an impasse, these techniques are explained and their

advantages and disadvantages presented

• Chapter 9 includes coverage of social media usage by employees, which has become a

growing job security issue Increasing use of Facebook, Twitter, You Tube, and so on has

caused employers to develop and negotiate new policies to address productivity and legal

concerns

• New NLRB and Court Decisions This edition includes over 100 changes from the prior

edition that reflect new NLRB and court decisions as well as recent union and labor

relations events

• Appendix C is a Labor Media Guide which includes a brief summary of a mixture of

award-winning documentaries, popular Hollywood first-run movies, and other unique

media which focus on labor events and can “bring to life” the human element and

circum-stances of American labor history Each is available on DVD, and the Instructor’s Manual

contains suggested scenes, labor issues presented, suggested relevant text chapters, and

relevant discussion questions

Labor Relations and Collective Bargaining: Private and Public Sectors, tenth edition,

introduces students to collective bargaining and labor relations with an emphasis on application,

xxi

as well as a thorough coverage of labor history, laws, and practices Drawing on over 60 years ofexperience in negotiating, labor law, and teaching, we have developed a text for readers whoneed a practical working knowledge of labor relations in the private and/or public sectors Thetext focuses on collective bargaining and labor relations with an emphasis on the real-worldsituations one faces on the job, including a chapter on negotiating strategies and tactics that can beused in any professional or personal situation Sections of actual labor agreements as well as ar-bitration cases and decisions of the National Labor Relations Board (NLRB) and the courtsillustrate and emphasize contemporary issues of collective bargaining and labor relations Inaddition, experts in the fields of labor law and arbitration have contributed tips on how theconcepts learned can actually be applied.

The focus of the book is as follows:

a Appropriate Courses This text is designed for and has been adopted in both graduate

and undergraduate courses in labor relations and collective bargaining in both publicsector courses (political science, public administration, etc.) and private sector businessmanagement courses

b Text Focus This text provides an applied approach while including thorough coverage of

significant court and NLRB decisions as well as labor events

c Approach This text provides an applied, practical approach to labor relations based on the

authors’ 60-plus years of experience The approach is illustrated by the many examples ofprovisions from current labor agreements and the inclusion of NLRB and court decisionswithin each chapter, as well as cases for students at the end of each chapter, “Tips from theExperts,” “You Be the Arbitrator” sections at the end of each chapter, and a thoroughcoverage of all issues contained in collective bargaining agreements

d Prerequisites No specific courses need to be taken before a course that uses this text at the

graduate or undergraduate level Most students have little or no knowledge of the subjectbefore taking such a course

e SHRM This text provides coverage of the employee and labor relations functional areas

of the SHRM certification exams

f AACSB This text can be used in a course that is designed to provide coverage of

manageri-al content

PEDAGOGICAL FORMAT

A student-oriented chapter format was designed to integrate theory with the bread-and-butterissues at the core of most actual negotiations This integration, which includes the followingmaterial, provides a sense of how issues in the real world are resolved:

• Labor News These chapter-opening articles summarize current labor relations activities

to help students relate current events to the day-to-day labor practices discussed in thechapter

• In-Chapter Marginal Definitions Terms unique to labor relations and collective

bargain-ing are defined in the margins of pages where the term first appears for the convenience ofstudents A complete glossary of all labor relations and collective bargaining terms andconcepts appears online at www.prenhall.com/carrell

• Chapter Cases Several short cases, which include the decisions of the arbitrator or judge,

illustrate those points discussed within each chapter while bridging the gap between theoryand practice

• Tips from the Experts In several chapters labor relations professionals answer questions

about the collective bargaining process and point out pitfalls for employers and employeesinvolved in the labor relations field

• Labor Profiles In many chapters, a number of profiles of labor leaders or of innovations in

the labor relations process help the student understand the concepts in the chapter and the

history of labor relations in the United States

• Contract Provisions Illustrating key provisions with numerous new examples from

contracts, including Agreement between General Electric Aviation and Lodge No 912,

International Association of Machinists and Aerospace Workers, AFL-CIO, 2007–2011;

Agreement between the Kroger Company and the United Food and Commercial Workers

International Union AFL-CIO, 2007–2010; Agreement between Louisville/ Jefferson

County Metro Government and Fraternal Order of Police Lodge # 614, 2008–2011;

Agreement between Duke Energy Ohio, Inc and local Union 1347 International

Brotherhood of Electrical Workers, AFL-CIO, 2006–2009; and Agreement between C Lee

Cook Division, Dover Resources, Inc and Lodge No 681, International Association of

Machinists and Aerospace Workers, AFL-CIO, 2007–2012

Chapter-end and end-of-text materials include the following:

• “You Be the Arbitrator.” A real-world arbitration case at the end of each chapter allows

students to assume the role of arbitrator who is presented with the facts, relevant provisions

of a labor agreement, and the positions of the union and management Students are asked

to decide an award and opinion, cite the most relevant facts, and decide what actions might

have taken to avoid the conflict

• Case Studies Case studies help students understand both sides of the issues The case

studies describe the facts and lawsuits, but actual decisions are not provided These

cases are taken from court and NLRB decisions and allow students to play the role of

the arbitrator or judge in deciding cases

• Key Terms and Concepts A list of the important terms and concepts discussed in the

chapter, including the vocabulary unique to labor relations, is provided The student

should be able to recognize, define, and discuss the terms after completing the chapter

Key terms appear in boldface and are defined in context

• Review Questions Straightforward questions focus on the major areas covered If the

review questions present any difficulty, the student should reread the appropriate

material

• Glossary A glossary of all key terms that appear in bold print in the chapters can be found

online at www.prenhall.com/carrell

• Texts of Major Labor Legislation The text of the National Labor Relations Act and the

Labor Management Relations Act, as amended, is included at the end of this book to provide

a ready reference to these important documents

COMPREHENSIVE COVERAGE

This text comprehensively treats the environment of labor relations, the activity of collective

bargaining, and the need for administrating an agreement after it has been signed The text

explores labor relations issues in both the private and public sectors, the impact of diversity in

the workplace, and how global labor relations affect U.S interests

Part One traces the development of collective bargaining Chapter 1 outlines exactly what

is the field of labor relations and why students should study it Also, the pros and cons of unions

and why people join unions are discussed Chapter 2 focuses on the roots of the American labor

movement and discusses the laws that led to and finally established the collective bargaining

process Chapter 3 discusses the history of public sector labor relations (local, state, federal

governments) In addition significant contrasts between the private sector (for-profit small to

large businesses) and public sector are explained

Part Two examines the collective bargaining process Chapter 4 discusses how bargainingunits are formed, the organizational campaigns by both unions and employers, and the represen-tation election process The rights of unions to represent members as well as the obligations ofunions to their members are also explored in this chapter Chapter 5 outlines the bargainingprocess “at the table” including the two most common negotiating methods, distributive andintegrative bargaining, as well as the critical elements of time, information, power, and BATNA.

In addition the unique ethical challenges faced by negotiators are discussed Chapter 6 provides

a detailed discussion of the collective bargaining process, including preparation and bargainingsubjects, strikes, and key contract provisions Part Three covers the costs of collective bargainingagreements Chapter 7 covers wage and salary issues including the different types of compensa-tion provisions that are negotiated in collective bargaining agreements Chapter 8 looks at thebenefits negotiated in most contracts, including forms of pay for time not worked, pensions,health care, premium payments, and employee services Chapter 9 presents the critical issues ofjob security and employee seniority and alcohol and drug testing In addition new importantissues including employee social media usage and employee teams are presented

Part Four presents the operational processes involved in enforcing collective bargainingagreements Chapter 10 explores unfair labor practices, protected and prohibited employee activi-ties, duty to bargain in good faith, and the NLRB Chapter 11 presents widely used grievance anddisciplinary, types of employee misconduct, and procedures to resolve grievances betweenemployers and employees Chapter 12 describes the types of arbitration used in labor relations, thehistorical and legal state of arbitration, and the arbitration process Chapter 13 is a timely look atglobalization and its impact on U.S workers The chapter contains a comparative review of theworldwide labor movement as well as the state of industrial relations in other countries, includingGreat Britain, Germany, Japan, and China

INSTRUCTOR SUPPLEMENTS

The site http://www.pearsonhighered.com/educator is where instructors can access the resourcesavailable with this text in downloadable, digital format

It gets better Once you register, you will not have additional forms to fill out or

multi-ple user names and passwords to remember to access new titles and/or editions As aregistered faculty member, you can log in directly to download resource files andreceive immediate access and instructions for installing Course Management content toyour campus server

Need help? Our dedicated Technical Support team is ready to assist instructors with questions

about the media supplements that accompany this text Visit http://247pearsoned.custhelp.com/for answers to frequently asked questions and toll-free user-support phone numbers Thefollowing supplements are available to adopting instructors

To access the supplements listed here, please visit the Instructor’s Resource Center (IRC)Online at www.pearsonhighered.com/carrell

Power PointsInstructor’s ManualTest Bank

Collective Bargaining Simulation

Appendix B provides a collective bargaining simulation of an actual agreement negotiated by theauthors The instructor can access the following: the entire agreement, a list of the priorities of boththe union and management that were involved in the negotiations, a summary of the changes agreed

to in the actual negotiation, and the entire new agreement at www.pearsonhighered.com/carrell

This bargaining exercise is based on a real-world negotiation involving the renegotiation of a

contract between the Fraternal Order of Police union and management of the Louisville Metro

Police Department Students can negotiate an agreement in which several pay and benefits issues as

well as noneconomic issues are addressed The instructor may share with students the actual new

agreement negotiated by the parties after their own negotiations have been completed

Exercises

Student exercises that appeared at the end of chapters in prior editions are now available to the

instructor in the Instructor’s Manual

STUDENT SUPPLEMENTS

The website www.pearsonhighered.com/carrell features an interactive and exciting online

student study guide Students can access multiple-choice, true/false, and Internet-based essay

questions that accompany each chapter in the text Objective questions are scored online, and

incorrect answers are keyed to the text for student review

CourseSmart eTextbooks

Developed for students who want to save on required or recommended textbooks, CourseSmart

eTextbooks online save students money off the suggested list prices of the print text Students

simply select their eText by title or author and purchase immediate access to the content for the

duration of the course using any major credit card With a CourseSmart eText, students can

search for specific keywords or page numbers, make notes online, print out reading assignments

that incorporate lecture notes, and bookmark important passages for later review For more

information or to purchase a CourseSmart eTextbook, visit www.coursesmart.com

ACKNOWLEDGMENTS

We wish to thank the collective bargaining, labor law, and arbitration experts who so graciously

agreed to contribute to the text They are Kay Wolf and Thomas C Garwood, Jr., formerly of

Garwood, McKenna & McKenna, P.A., Orlando, Florida; Nancy E Hoffman, general counsel,

Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, New York; Phyllis

Florman, arbitrator, arbitration office of Volz & Florman, Louisville, Kentucky; Scott D Spiegel

of Lynch, Cox, Gilman & Mahan, P.S.C., Louisville, Kentucky; Steve Barger, executive

secretary-treasurer, Kentucky State District Council of Carpenters, AFL-CIO; Kenzie Baker,

vice president, Local Union 1347 International Brotherhood of Electrical Workers, AFL-CIO;

Richard A Ille, vice president, General Electric Aviation, Evendale, Ohio; Mr Lennie Wyatt,

president, Local 1099, United Food and Commercial Workers Union, Monroe, Ohio; Kevin

Garvey, director collective bargaining UCFW Union, Local No 1099, Monroe, Ohio; Lisa Crain,

director human resources, C Lee Cook, Louisville, Kentucky; Frank E Warnock, City Solicitor,

City of Covington, and for his numerous and significant contributions, a special

acknowledg-ment of Louis J Manchise, vice-chair, Alternative Dispute Resolution Center, NKU, and former

director, Federal Mediation Service, FMCS

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ABOUT THE AUTHORS

Michael R Carrell

Dr Carrell is the founding director of the Alternative Dispute Resolution Center at Northern

Kentucky University, located in the greater Cincinnati area In 2010 Dr Carrell received the

pres-tigious Lifetime Achievement Award at the Annual Labor–Management Conference for his

career as a negotiator, author, and teacher in the field of human resource management and labor

relations From 1998 to 2007, he served as the dean of the NKU College of Business Carrell

received his doctorate from the University of Kentucky, and his MBA and BA in economics from

the University of Louisville In addition he received professional certification from the Harvard

Law School Program on Negotiation His professional career has included positions as a

person-nel director, labor negotiator, and mediator In addition, he was elected to the City of Louisville

Board of Aldermen for five terms, and served as president of the board and mayor pro tem for

three terms His academic career spans four decades and includes positions at the University of

Louisville, as well as serving as business dean at California State University, Bakersfield;

University of Nebraska–Omaha; Morehead State University; and Northern Kentucky University

Dr Carrell has authored over 50 scholarly works in some of the leading management and

human resource journals including The Academy of Management Journal, The Academy of

Management Review, The Dispute Resolution Journal, Organizational Behavior and Human

Performance, Personnel Journal, The Personnel Administrator, HR Magazine, Labor Law

Journal, Business Forum, Personnel, The Journal of Accountancy, Training, and Public

Personnel Management Dr Carrell has also published several books in the fields of negotiation,

collective bargaining and labor relations, organizational behavior, and human resource

manage-ment During his academic career he has received awards for both outstanding research and

teaching

Christina Heavrin

Ms Heavrin has practiced law for 32 years primarily in the public sector as an attorney for local

government in her hometown of Louisville, Kentucky In addition to negotiating numerous

litigation settlements and contracts, she has negotiated a number of major agreements, such as a

multimillion-dollar property exchange that relocated major industries and railroads from the

city’s downtown wharf, resulting in the development of both an award-winning public park and

a successful industrial park in the city’s enterprise zone; an agreement between the state of

Kentucky, Jefferson County, the City and a for-profit hospital for guaranteed indigent health care

services for city residents; a tax-sharing agreement between the City of Louisville and Jefferson

County that enabled the two governments to share revenue of over $200 million and to combine

their economic development programs; and a multimillion-dollar expansion of Waterfront Park

that included a major environmental cleanup and the construction of a minor-league baseball

stadium in downtown Louisville When voters approved the merger of the City of Louisville and

Jefferson County Governments, Ms Heavrin was appointed special counsel to the first mayor of

the Metro Government Her duties included negotiating over 40 collective bargaining

agree-ments between Louisville Metro Government and unions that represent about 6,000 employees

Recently Ms Heavrin was appointed General Counsel to the Kentucky Cabinet for Health and

Family Services by Governor Steve Beshear

xxvii

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Workers have a right to organize into unions and to bargain collectively with their employers

and a strong free labor movement is an invigorating

and necessary part of our society

DWIGHTD EISENHOWER(34THU.S.PRESIDENT)

1.3 Labor Unions Today:

Pros and Cons

1.4 Why Join a Union? 1.5 Union Membership 1.6 Opportunities for

Growth

1.7 Labor–Management

Cooperation

1.8 GM/NUMMI 1.9 Types of Unions 1.10 Unions in Professional

Sports

1.11 National Labor

Relations Board(NLRB)

Introduction to Labor Relations

The rights of public sector employees to form unions and collectively bargain came under

attack in Wisconsin, Indiana, and Ohio as Republican governors sought large wage and

benefit concessions to balance state budgets. Source: David Joles/The Star Tribune/AP

Images.

1

LABOR NEWSCollective Bargaining Rights and Public Unions in Historic Fight!!!

In 2011 public sector unions’ very right to exist was challenged in a fashion unlike any other inmodern times! Midwestern states including Indiana, Ohio, and Wisconsin—the state that gavebirth to public sector unions in the 1950s—witnessed Republican governors and state housesnot only demanding large cuts in wages and benefits to balance state budgets, but also go so far

as to try and strip government employees of their right to form unions and bargain collectively InWisconsin, for example, union leaders agreed to accept the cuts needed to balance the statebudget, but Governor Scott Walker still demanded that public employees’ right to bargaincollectively be ended by state law Many including Republican Pat Wellnitz asked why it isnecessary to strip employees of their rights if they are willing to make the necessary conces-sions; “ending collective rights is pretty drastic, even for a staunch Republican,” said Wellnitz.Newly elected Republican Ohio governor John Kasich, citing budget problems, also supported abill that would end the collective bargaining rights for 35,000 state workers and 20,000 universityemployees in his state In addition, police and firefighters would lose the right to binding arbitra-tion required to end a negotiation impasse However, Hamilton County commissioner ToddPortune testified before a legislative committee that in Cincinnati local unions had “pitched in”

to make the cuts needed to balance the budget These events in states generally believed to bepro-union made national news as pro- and antiunion forces around the country watched to seewhat the final outcome would be, which was possibly the start of a sea change in public sectorcollective bargaining

Perhaps it is ironic that the events in Wisconsin, Indiana, and Ohio took place shortlyafter, for the first time in U.S history, in 2009, more union members were government work-ers (7.9 million) than were private sector workers (7.4 million), according to the U.S Bureau

of Labor Statistics The blue-collar worker is no longer the real stereotype The steady rise

in public sector union membership (today 37.4 percent of all government workers and 43.3percent of local government workers) combined with a sharp decline in private sector unionmembership due to the “Great Recession” of 2008 caused the historical event years earlierthan forecasted Substantial losses in manufacturing and construction jobs accounted for agreat percentage (2.2 million) of the private sector decline in recent years Another trend inunion membership is the rise in female union membership (7.7 million), which has madegains on male union membership (9.2 million); males suffered a much larger decline in over-all union membership, 11.4 percent in 2009, compared to females, only a 3.3 percent decline.Union workers, however, continued to receive higher average weekly wages, $908,than their nonunion counterparts, who received $710 average weekly wages Labor offi-cials and economists were uncertain if the rebound of the U.S economy would enable pri-vate sector union membership to outnumber public sector membership, as it had everyyear in the past Private sector unions had realized modest membership gains in the twoyears prior to 2009, after several years of decline, but could not sustain the gains in thewake of the slide in the economy

Source: Adapted from S Sulzberger and Monica Davey, “Union Bonds in Wisconsin Begin to Fray,” The New York Times (February 22, 2011), pp A1, A17; Jon Craig, “Ohio Labor Unions Ramp Up Protests,” The Cincinnati Enquirer (February 23, 2011), p B7; and Steve Greenhouse, “Most U.S Union Members Are Working for the Government,” The New York Times (January 22, 2010), p A1.

The purpose of this book is to introduce students to the field of labor relations and collectivebargaining This goal is achieved by providing a thorough coverage of important labor laws,labor history, and important cases In order that the material is useful to all students regardless oftheir level of knowledge and experience in Human Resource Management (HRM) and laborrelations, the book was written with an emphasis on application and real-world practicalknowledge gained from the authors’ 60-plus years of professional experience, as well as manyinterviews and materials provided by other labor relations professionals This focus is intended

to enable students to apply concepts and knowledge gained from the book to their everydayprofessional and personal lives For example, in the chapter on negotiating strategies, the

strategies and tactics presented have been utilized by former students in personal negotiation

situations such as buying a house or an automobile, negotiating a new employment position, and

even resolving disputes between friends and spouses

SHRM CERTIFICATION Students interested in obtaining certification as a Professional in

Human Resources (PHR) or a Senior Professional in Human Resources (SPHR) through the

Human Resource Certification Institute (HRCI), the credentialing organization founded by

the Society for Human Resource Management (SHRM), will find that this book contains all the

required content in the employee and labor relations functional area In fact, the HRCI’s PHR

and SPHR Certification Guide by Raymond B Weinberg (HRCI; Alexandria, VA, 2008) lists

only one textbook for the employee and labor relations functional area (p 25) for students

preparing for the exams—this textbook! Both the HRCI guide and this textbook can be found

online in the SHRM bookstore: www.shrm.org

WELCOME!

As the authors of this book we welcome you to the field of labor relations and collective

bargaining! We have drawn upon our “real-world” experience in negotiating labor contracts and

other business and professional contracts, as well as our teaching courses in labor relations,

negotiations, and human resource management To help students relate the material to their own

lives and interests we have included several unique features For example, each chapter contains

sections called “Tips from the Experts,” contributed by several professional management and

labor negotiators Summaries of the most significant labor laws, National Labor Relations Board

decisions, and court cases are provided in easy-to-comprehend terms Also provided are many

examples of actual provisions from labor agreements so students can directly learn from these

“real-world” examples which are discussed in the chapters

The field of labor relations contains many terms that may be new to readers, and thus to help

them identify and easily learn these critical terms, they have been located in the margins of the

chapter pages In addition, the power of media such as films, videos, and documentaries can be

utilized with this text as well! Appendix C provides a list and summary of recommended media that

will help students learn the sometimes tragic human stories and historical labor relations events,

and provide insights into content of the chapters One example is the film Norma Rae, with Sally

Field in the Academy Award–winning title role The film is based on the real-life events

experienced by a union organizer in a J P Stevens & Co textile mill in South Carolina—at that

time the largest employer in the state By viewing the hardships endured by Norma Rae, a

strug-gling single mother of young children, students can better understand why she risks her job and

much more to gain recognition from management Also, the end of each chapter contains a section,

“You Be the Arbitrator,” in which the facts of an actual labor relations grievance (complaint filed by

either the union or management) and the positions of management and the union are presented

Students perform the role of arbitrator (similar to a judge) and decide the outcome of the case

In addition, Appendix B includes a “real-world” collective bargaining simulation based on an

actual contract negotiated by the authors themselves The simulation is about the renegotiation of an

existing labor agreement between a Fraternal Order of Police (FOP) local chapter and management

representatives of a city government Toward the end of this course students will have gained the

skills, knowledge, and abilities necessary to successfully renegotiate the FOP/city contract, exactly

as professional negotiators would in real life Thousands of past students after using this text in a

course have successfully negotiated a new collective bargaining agreement judged by professional

labor negotiators to be almost equal in professional quality to the ones actually negotiated!

WHAT IS LABOR RELATIONS AND WHY STUDY IT?

Labor relations is the term which generally refers to the process between management and a

representative of employees (a union) utilized to make decisions in the workplace The decisions

include issues such as wages, benefits, working conditions, hours of work, safety, job security,

LABOR RELATIONS

Any activity between management and unions

or employees concerning the negotiation or imple- mentation of a collective bargaining agreement.

and grievance procedures, to name some of the most common provisions When representativesfrom management and the employees sit down to formally negotiate these issues and put inwriting their agreed provisions, the process is called collective bargaining—because the employee representatives represent the collective interests of the employees.

During negotiations the two sides may reach an agreement on individual issues—theseare called “tentative agreements” because, once negotiations have successfully concluded,the members of the union must ratify (approve by vote) the proposal consisting of all thetentative agreements presented by the union negotiators After ratification by the members,the union and management officials sign a written agreement (if requested by either party)

This signed agreement is usually titled Collective Bargaining Agreement, often called CBA

for short, or just Agreement, between the two parties Figure 1-1 contains examples of two

agreements and lists the major subjects contained in most CBAs The written agreement is

then a contract between the employer and the employees In this textbook, as in life generally, we use all three terms—contract, collective bargaining agreement, and CBA—

interchangeably to refer to the written and signed document negotiated under the provisions

of the National Labor Relations Act (NLRA)

FIGURE 1-1 Collective Bargaining Agreement. Source: Michael Carrell.

Common subject areas contained in collective bargaining agreements:

• Compensation: wages, benefits, paid time off

• Job Security: seniority rights, promotion, layoff and recall, work rules, overtime

• Discipline/Discharge: “just cause,” progressive discipline, union representation

• Grievance Procedures: steps in grievance process, mediation, arbitration

• Union Rights: recognition, union security, dues check off

• Management Rights: operating decisions, hours, work standards, no strike clause

Examples of negotiated Agreements in the private sector (GE Aviation and UAW, Local 647) and the public sector (City of Louisville, KY and IBEW, Local No 783)

employer entity and a labor

organization specifying the

terms and conditions of

employment for a specified

period of time.

Collective bargaining in the private sector is the process by which union leaders representing

groups of employees negotiate specific terms of employment with designated representatives of

management The term collective bargaining originated in the British labor movement But it

was a labor union president in the 1800s, Samuel Gompers, who developed its common use in

the United States The following is a modern-day definition:

Collective bargaining is defined as the continuous relationship between an employer

and a designated labor organization representing a specific unit of employees for the

purpose of negotiating written terms of employment.1

According to the definition, collective bargaining must be recognized as a continuous

process, beginning with the negotiation of a contract through the life of the contract with

almost daily interpretation and administration of its provisions In recent years the process

has also come to include the handling of employee grievances in most labor agreements and,

if necessary, arbitration of such grievances in a final and binding decision The employer

referred to in the definition may be one or more related employers joined together for

purposes of collective bargaining and required by law under the NLRA to recognize

employee representatives The labor organization or union is selected by a group of

employees to represent them at the bargaining table The election process undertaken to

select a union, the specific unit of employees, or the bargaining unit to which employees

belong is also determined by the NLRA

The terms of employment negotiated generally include the price of labor, for example,

wages and benefits; work rules, including hours of work, job classifications, effort required, and

work practices; individual job rights, such as seniority, discipline procedures, and promotion and

layoff procedures; management and union rights; and the methods of enforcement and

adminis-tration of the contract, including grievance resolution Heated confrontations—the “screw the

boss” and “keep the union in its place” syndromes—have sometimes characterized the American

system of collective bargaining and labor relations.2However, most union and management

offi-cials today view collective bargaining as a rational, democratic, and peaceful way of resolving

conflict between labor and management

Why should I study labor relations if I don’t belong to a union or ever intend to join one—

may be what you are thinking! You are correct that if you spend your entire career in the private

sector (for-profit businesses), then the odds of your belonging to a union are small However, all

workers in the private sector have rights under federal and state laws whether they choose to

form a union or not All workers as well as members of management in private sector nonunion

businesses need to know the rights enjoyed by their employees, as well as management’s rights,

should employees attempt to unionize Also, if you ever work in the public sector (local, state,

federal government), then the odds of your becoming a union member are almost one in two!

Thus students regardless of their chosen careers are highly likely to be directly affected by many

of the issues explained and discussed in this book

Even if you are not directly involved as a member of management or a union during your

career, you are very likely to be indirectly affected by events in labor relations For example, you

may have been one of millions of Americans who were upset when their favorite television show

Grey’s Anatomy, Desperate Housewives, or The Tonight Show with Jay Leno, to list a few, halted

production of new episodes in 2008 due to the strike by the Writer’s Guild of America in

Hollywood, California, or you might have been 1 of 7 million New Yorkers who was stranded

when the subways and busses stopped running for three bitter cold days in December 2005 during

the transit strike Or you may have been one of the millions of grocery shoppers who found their

favorite Albertsons, Vons, or Ralphs store closed when the Kroger’s west coast chains had to

suspend operations in 860 stores during the United Food and Commercial Worker’s strike In the

future if the proposed new federal law The Employee Free Choice Act (EFCA) is enforced, you

may be one of millions of nonunion workers directly affected by the act Finally, the history

of the labor movement in the United States, discussed in the next two chapters, is one that anystudent of American history will find interesting and useful, and will help them better understandmany facets of today’s workplaces and many aspects of our society.

KNOW YOUR RIGHTS! Another reason to study labor relations is to learn the employee laborrights which are provided to you under federal and states laws Many laws that provide importantindividual rights, such as those provided by the Equal Pay Act, Civil Rights Act, Americans withDisabilities Act, Family and Medical Leave Act, and Age Discrimination in Employment Act, arediscussed in detail in human resources management courses, and are summarized in Table 1-1.Additional important rights, however, such as those provided by the National Labor RelationsAct, Taft-Hartley Act, Fair Labor Standards Act, Landrum-Griffin Act, as well as many others, arealso important for you to know, and are discussed in detail in this book In addition, landmarkdecisions by the National Labor Relations Board (NLRB) and landmark court decisions that affectyour labor rights are also presented

TABLE 1-1 Major U.S Employee Rights Laws

1963 The Equal

Pay Act

Requires “equal pay for equal work” in the same workplace, regardless

of gender, and makes it unlawful to retaliate against a person who complained about pay discrimination, or participated in a lawsuit.

www.eeoc.gov

1964 The Civil Rights

Act (Title VII)

Makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex, and it is illegal to retaliate against

a person who complained about discrimination, or participated in a lawsuit Also requires employers to reasonably accommodate sincerely held religious practices, except in cases of undue hardship.

or mental limitations of an otherwise qualified individual with a disability, unless doing so would impose an undue hardship.

www.disabilities.gov

LABOR UNIONS TODAY: PROS AND CONS

What exactly is a labor union? Are labor unions “good or bad”? What are the pros and cons of

unions? These questions should be answered before we begin the thorough coverage of labor

relations provided in this book First, the term “labor union” or just “union” refers to a group of

employees who join together to discuss and usually positively affect their employment

relationship Why? Often the initial meeting is due to a recent event in the workplace that has

caused them alarm—the discipline of a coworker, a wage or benefit reduction, or concern over a

perceived unsafe working condition The employees feel that when they meet with management

about the issue, they will benefit from “strength in numbers”—a core belief of why employees

decide to work as a group rather than taking individual action Many times in organizations across

the United States every year a similar scenario occurs and the meeting between management and

the employees resolves the issue, and the group does not meet together again, or very seldom

However, in some cases the issue(s) is not resolved to the satisfaction of the employees,

and at some point they seek another method of addressing the issue Then, as it often happens,

someone in the group contacts a formal labor union official and asks for assistance In other

cases a labor union official contacts the employees as part of a union organizing effort

Regardless of how the initial contact is made, in most cases the group is informed of their rights

under federal and state laws One very important right that is available to most private sector

employees under the National Labor Relations Act (and available to many public sector employees

under similar federal, state, and local laws) is the following:

Sec.7 Employees shall have the right to self-organize, to form, join, or assist labor

organizations To bargain collectively through representatives of their own choosing ”3

Notice that the act does not say “labor union” or “union,” but instead refers to such as “labor

organizations.” In fact the term “union” does not appear in the federal act Labor organizations,

as they are called in the act, are most often referred to as unions (e.g., The United Food and

Commercial Workers Union), but also use other descriptors such as brotherhoods (The

International Brotherhood of Teamsters), fraternal orders (The Fraternal Order of Police), guilds

(The Writer’s Guild of America), associations (The National Association of Letter Carriers),

federations (American Federation of Teachers), or some unique designation (United Auto

Workers) All are labor organizations, and thus their members enjoy all of the rights provided by

federal or state labor laws

or foster care; (3) to care for an immediate family member (spouse, child, or parent) with a serious health condition; or (4) to take medical leave when the employee is unable to work because of a serious health condition.

www.dol.gov

Nondiscrimina-tion Act

Makes it illegal to discriminate against employees or applicants because

of genetic information—including information about an individual’s genetic tests and the genetic tests of an individual’s family members, as well as information about any disease, disorder, or condition of an individual’s family members Also makes it illegal to retaliate against a person who complained about discrimination, or participated in a lawsuit.

www.eeoc.gov

The answer to the other question presented, what are the pros and cons of unions (thusare they good or bad)? depends on who you are; as the old saying goes—where you standdepends on where you sit! Thus we will answer the question from three different perspectives—union members, management/owners, and society as a whole A summary of the major prosand cons from these three perspectives is presented in Table 1-2 First, from the members’viewpoint, unions are good because through collective bargaining they have providedmembers higher wages and better benefits than their nonunion counterparts in other organiza-tions This fact alone for many members is reason enough to view unions as good Wages andbenefits are sometimes called the “bread and butter issues” for unions—their core reason forexistence However, for many, many years members have also cited job security as just animportant reason to view their union as good They believe the knowledge and expertise theirunion representatives provide them in cases involving discipline, and sometimes discharge,and grievance handling are important to their job security, as are contract provisions thatprovide for seniority in cases of recall after layoff and in cases of promotions Other benefitsthat might be cited by members include negotiated paid time off, health care, and pensions thatare generally greater than those received by nonunion employees Some of the “cons”members might cite include union dues that usually average about two hours’ pay per month.Some might point to the lack of individual organizational rewards based on their individualperformance, because unions tend to negotiate rewards that are across-the-board or are based

on seniority, not individual performance

Management, of course, would have a different perspective in answering the question aboutthe pros and cons of unions The “cons” list would be longer—and would start with the flip side

of members’ higher wages and benefits These additional personnel costs cause a business to beless competitive than their nonunion competition and/or global competition Management alsowould cite the cost of the time and effort required in dealing with unions, particularly in thediscipline and grievance processes provided under most agreements Work rule inflexibility due toprovisions in agreements is another major “con” often cited by management The inflexibility

TABLE 1-2 The General Pros and Cons of Union Membership

* Representation in discipline/discharge cases

* Fewer individual rewards based on performance

* Greater job security

* Better health care, pension, and paid time-off benefits Management/owners * System for grievance handling * Higher personnel costs reduce

competitive position

* Fewer individual requests/

complaints

* Less flexible work rules

* Standard rules reducing friction at the workplace

* Greater time spent on grievances

* Less competitive than nonunion Society * Increased middle class * U.S firms less competitive in

global markets

* Leadership in passing major employment laws

* Image of union leaders

* Less relevant in today’s global marketplace

causes, according to management, wasted time and sometimes increased costs, and lower

productivity Management would cite few, if any, “pros.” If pressed, some managers would admit

that having an effective system for handling employees’ grievances can make their jobs easier

because they know exactly how to proceed when a grievance is presented Additionally, many

managers would point to the benefit of having standard work rules to manage their facility which

the union has agreed to and employees must follow Many nonunion employers, it might be noted,

also have similar systems in place for handling employee grievances for exactly that reason

Managers who have worked in both union and nonunion environments might cite as another “pro”

the fact that they receive fewer, if any, employee individual requests for pay increases, additional

time off, or other favors because such issues are included in the contract and thus a manager has

no authority to grant such requests

Society as a whole has a unique perspective on the question about the pros and cons of

unions Some people would answer that unions in the past played a significant role in the

creation of the American middle class—whose purchasing power is critical to the U.S

economy—a very important historical “pro.” Another historical “pro” would be the critical

political efforts of unions to gain passage of the important federal legislation presented in

Table 1-1, including the Fair Labor Standards Act that banned child labor, and set the standard

40-hour workweek and the national minimum wage; the Equal Pay Act that requires employers

to provide “equal pay for equal work” regardless of gender; the Civil Rights Act which

prohibits employers from discrimination based on color, race, gender, religion, or national

origin; and the Age Discrimination Act which prohibits discrimination against individuals over

the age of 40, as well as other important laws, such as the Occupational Safety and Health Act

(OSHA) and the Family and Medical Leave Act (FMLA) On the other side, some people in

society today would claim that the negative image of union workers as less productive and

demanding of greater rewards is valid and has caused many American employers to lose jobs or

even close their operations Yet others may also contend that unions today are simply “out of

touch” or “not relevant” in today’s global economy

Communities in some cases have unique perspectives on unions because the actions of a

union may have significant impact on a particular community Consider, for example, Fond du

Lac, Wisconsin, a city of 43,000 people on Lake Winnebago whose largest employer is

Mercury Marine Mercury Marine, a division of Brunswick Corporation, made outboard

engines in Fond du Lac for over 30 years in 2009, when the community was severely shaken

because the company announced it would move the plant and its 2,000 jobs to Stillwater,

Oklahoma Why the unexpected exit from Wisconsin? Because the members of the

International Association of Machinists and Aerospace Workers’ Local 1947 had rejected

a labor contract that required significant health care cost increases for the workers and a

three-year wage freeze The night after the workers voted to reject the deal, Mercury announced it

would begin moving operations to another facility in Stillwater, Oklahoma Larry Brown,

president of the Chamber of Commerce in Stillwater, announced the next day that preparations

for the move had begun and Stillwater was excited about the new jobs But then union workers

in Fond du Lac, without the approval of their leadership, began a petition for a new vote—and

thus the two communities in Wisconsin and Oklahoma were confused, angry, and hopeful

because the outcome meant prosperity or severe hardship with 2,000 jobs and millions of

development dollars at stake.4This scenario or similar ones occur every year across the United

States when the interactions between union and management impact the location of facilities

and jobs vital to the economic health of communities

“Are unions good or bad?” Perhaps what is most important when considering the pros and

cons of unions is for you to think deeply about all three of these perspectives, as well as others

that will be presented in this book, and then form your own opinion You should be able to form

your own opinion by understanding the different viewpoints and the multiple perspectives, facts,

and reality, rather than the opinions of others

WHY JOIN A UNION?

When employees are given the option of voting in a secret-ballot election to have a unionrepresent them with management, or to not have union representation, or in other situations whenthey can choose to join the union which does represent them, or choose not to join, why do somedecide in favor of a union, and others do not? Labor research has not provided an exact answer tothis question, but it has provided a list of issues that are influential to workers’ decisions:5

• Job security. Above all, employees want protection from unfair or arbitrary decisions bymanagement In cases of layoffs they expect seniority to be followed, and in casesinvolving discipline and discharge, they expect the union to provide them with experiencedadvice and counsel

• Wages and benefits. This is the “bread and butter” issue for many workers They expectcontract negotiations to provide them with better wages and benefits than their nonunioncounterparts—at least by a difference that exceeds their union dues

• Working conditions. Workers expect the union to protect them by negotiating for a safeand healthy working environment

• Fair and just supervision. Workers expect that the grievance and disciplinary processnegotiated by the union in the CBA will provide them protection against biased orunreasonable supervisors Most CBAs require the “just cause” standard in disciplinarycases, which is a basic principle followed by arbitrators and judges

• Need to Belong. A strong need in many individuals is the need to belong to a largergroup that shares one’s values and concerns A union often gives employees a mechanismfor bringing them together and social network

• Collective voice. A basic principle of unionization is “strength in numbers,” and therefore

the individual employee believes he or she has a more powerful voice when dealing withmanagement To a large extent the labor union is an entity developed as a means by whichindividuals could unite and have the collective power to accomplish goals that could not beaccomplished alone Whether that power was used to increase take-home wages, to ensurejob protection, to improve working conditions, or simply to sit across the bargaining table as

an equal with the employer, members believed that in union there is strength.6

HARD AND SOFT ISSUES Some people view all union–management issues as either “hard”—meaning economic gain (wages and benefits) and job security—or “soft”—meaning how theyare treated by management and coworkers Unions have often been viewed by their members andothers as pragmatic organizations primarily seeking to improve the hard issues—the economicconditions of their members For example, the average 2010 union hourly wage was $22.75, or

19 percent more than the average nonunion wage of $19.04 an hour However, even greater is thedifference in benefits between union workers at $13.88 an hour and nonunion workers at $7.33

an hour, as seen in Table 1-3 The success of their unions’ activities can be measured by theimprovements in members’ working conditions and the perception members have of the union’seffectiveness As the workforce changes, unions need to change the way they attract membersBut first, they need to understand what has attracted workers to unions in the past and why many

of those now in the workforce have not been attracted to unions

TABLE 1-3 Union v Nonunion Hourly Wage and Benefit Differences, 2009

(Average of U.S Workers)

Per Hour Compensation Union ($) Nonunion ($) Difference ($) Difference (%)

In addition to the economic benefits unions provide their members, in comparison with

nonunion workers, Joe Twarog, associate director of Labor Education, has summarized other

benefits These noneconomic benefits generally include job security, protection against

discretionary actions, and due process and are summarized in Table 1-4

In a survey of labor leaders around the country, the four most important factors affecting

the health of the American labor movement were the following:

1 Collective bargaining rights

2 Leadership in the labor movement

3 Union member solidarity

4 Action of the NLRB

TABLE 1-4 Union Members’ Perceived Differences Between Union and Nonunion Workplace Benefits

Due process The union contract provides each

bargaining unit member with access

to “due process” through the grievance and arbitration procedure.

No formal grievance process with arbitration In some cases, there may be

an internal, self-policing “appeals”

process that is ultimately unenforceable Wages, benefits, and

working conditions

These are negotiated All members have the opportunity to improve their working conditions through contract negotiations at the bargaining table.

All are unilaterally set by the employer

No avenue for employee input.

Management gives what it wants to.

Hiring, promotions,

transfers, layoffs

All are governed by the contract.

Seniority and other objective standards apply.

All are determined unilaterally and subjectively by the employer.

Changes in working

conditions

The negotiated contract establishes all working conditions These can only be changed by negotiations between the parties.

Changes can be made at any time, without warning, by the employer alone.

Discipline Any disciplinary action is usually subject

to the “just cause” standard, meaning that there is a burden of proof on the employer to justify the discipline.

Workers are “employees at will,” meaning that they are subject to discipline and termination for no reason at all, depending on the desires of the employer.

No just cause standard applies.

Weingarten rights These rights allow an employee to have

a union representative present during investigatory meetings when discipline may result.

No such rights Recently, the National Labor Relations Board reversed its position and took away these rights in nonunion facilities.

Voice in the workplace Employees have a real and formal voice

in their working conditions at the bargaining table.

Employers may listen to the employees and then do whatever they choose to do, regardless.

Access to information The union, through its officers and

representatives, has access to information to investigate grievances and for contract negotiations.

Employees have no rights of access to information The employer tells employees what it wants to do Information is closely guarded.

Voice in patient care Through the contract, RNs can negotiate

enforceable language on staffing levels, mandatory overtime, floating, and other issues that impact directly on patient care and the quality of health care.

In some facilities, RNs may be afforded the opportunity to make suggestions on some issues that management is then free to ignore None of the nurse input is enforceable.

Source: Joe Twarog, “The Benefits of Union Membership: Numerous and Measurable,” Massachusetts Nurse 76, no 4 (May 2005), p 6 Used by permission.