Jeffrey a mello 4e chapter 12 labor relations

Union Membership Union Membership • Decline in union membership – Workers have become disenfranchised from unions – Many unionized firms have moved operations outside US – Change in nat

LABOR RELATIONS

Union Membership Union Membership

• Decline in union membership

– Workers have become disenfranchised from unions – Many unionized firms have moved operations

outside US

– Change in nature of work & technology has

eliminated many traditionally unionized manual

labor jobs

– Unions have refused to be flexible enough to allow organizations to grow & adapt to changes in

industries

• Decline in union membership

– Workers have become disenfranchised from unions – Many unionized firms have moved operations

outside US

– Change in nature of work & technology has

eliminated many traditionally unionized manual

labor jobs

– Unions have refused to be flexible enough to allow

organizations to grow & adapt to changes in

industries

Why Study Labor Relations?

Why Study Labor Relations?

may impact on HR practices, programs, &

policies needed to remain competitive

– Why & how employees form unions

– Legal requirements of representation & collective bargaining

process

may impact on HR practices, programs, &

policies needed to remain competitive

– Why & how employees form unions

– Legal requirements of representation & collective bargaining

process

Why Employees Organize

Why Employees Organize

Employees seek to form unions because of perceived economic, social & political

benefits of organization

– Higher or more equitable wages

– Better or expanded benefits

– Greater job or employment security

– Affiliation & sense of community

– Sense of power/influence in numbers

Employees seek to form unions because of perceived economic, social & political

benefits of organization

– Higher or more equitable wages

– Better or expanded benefits

– Greater job or employment security

– Affiliation & sense of community

– Sense of power/influence in numbers

Strategic Challenges of Organized

Labor

Strategic Challenges of Organized

Labor

Organized labor can have significant impact on

organizational performance

– Employee/management power balance is redistributed

– Brings in “outside players” whose support must be gained for

any new & ongoing management initiatives

– Unionized work setting can greatly impact organization’s cost

structure

• Payroll expenses

• Efficiency of work processes

Organized labor can have significant impact on

organizational performance

– Employee/management power balance is redistributed

– Brings in “outside players” whose support must be gained for

any new & ongoing management initiatives

– Unionized work setting can greatly impact organization’s cost

structure

• Payroll expenses

• Efficiency of work processes

National Labor Relations Act (NLRA)

National Labor Relations Act (NLRA)

NLRA, also called the Wagner Act, (1935)

– Provided rights for employees to organize, elect representatives, & collectively bargain

– Required employers to recognize rights of

employees to organize & bargain collectively with elected representatives

– Act regulates process of union/management

relations

– Created National Labor Relations Board (NLRB) to oversee & enforce provisions of Act

NLRA, also called the Wagner Act, (1935)

– Provided rights for employees to organize, elect

representatives, & collectively bargain

– Required employers to recognize rights of

employees to organize & bargain collectively with elected representatives

– Act regulates process of union/management

relations

– Created National Labor Relations Board (NLRB) to

oversee & enforce provisions of Act

NLRA: Six Notable Provisions

NLRA: Six Notable Provisions

1 Right of employees to

discuss employment

terms

2 Right to complain to

third parties, such as

customers, clients, &

media

3 Employees have right to

engage in work

stoppage or collective

walk out to protest

working conditions

1 Right of employees to

discuss employment

terms

2 Right to complain to

third parties, such as

customers, clients, &

media

3 Employees have right to

engage in work

stoppage or collective

walk out to protest

working conditions

4 Employees have right to

honor picket lines without fear of retaliation

5 Employees have

conditional right to solicit & distribute union literature

6 Employers cannot

unilaterally ban employees access to work site while off-duty

4 Employees have right to

honor picket lines without fear of retaliation

5 Employees have

conditional right to solicit & distribute union literature

6 Employers cannot

unilaterally ban employees access to work site while off-duty

Steps in Organizing Process

Steps in Organizing Process

• Employees conduct organizing campaign in

which 30% of employees sign

“authorization cards”

• Employees petition NLRB to hold

representation election & to determine

bargaining unit

• If union receives majority vote in election,

gains representation status to bargain

collectively for contract with employer

• Employees conduct organizing campaign in

which 30% of employees sign

“authorization cards”

• Employees petition NLRB to hold

representation election & to determine

bargaining unit

• If union receives majority vote in election,

gains representation status to bargain

collectively for contract with employer

Behavior During Organizing

Campaigns

Behavior During Organizing

Campaigns

NLRA

– Regulates employer/employee activities during organizing

campaigns; violations are considered unfair labor practices

– Employers cannot conduct reprisals against employees who

exercise their rights as defined in NLRA

– Pro-union employees have right to approach coworkers &

express union support during nonworking periods in

nonworking areas

– Employers can restrict access to employees by

non-employees if organizers have other means of access & there

is policy of banning solicitation by non-employees

NLRA

– Regulates employer/employee activities during organizing

campaigns; violations are considered unfair labor practices

– Employers cannot conduct reprisals against employees who

exercise their rights as defined in NLRA

exercise their rights as defined in NLRA

– Pro-union employees have right to approach coworkers &

express union support during nonworking periods in

nonworking areas

– Employers can restrict access to employees by

non-employees if organizers have other means of access & there

is policy of banning solicitation by non-employees

Collective Bargaining

Collective Bargaining

• Collective bargaining between union & employer covers various terms & conditions of employment

– Mandatory items that must be negotiated in good faith

• Can be bargained to impasse – Permissive items can be included if both parties agree

• Cannot be bargained to impasse – Prohibited items cannot be negotiated because of illegality

under terms of NLRA or other laws

• Collective bargaining between union & employer

covers various terms & conditions of employment

– Mandatory items that must be negotiated in good faith

• Can be bargained to impasse

– Permissive items can be included if both parties agree

• Cannot be bargained to impasse

– Prohibited items cannot be negotiated because of illegality

under terms of NLRA or other laws

Union Security Issues

Union Security Issues

Unions attempt to increase security of status

by bargaining for

– Union shop agreements: Require new employees to join union after initial employment period

– Agency shop agreements: Require employees who choose not to join union to pay “representation fees”

to cover union’s cost of representing them

– Dues check-off agreement: Employer deducts union dues from paychecks of union employees

Unions attempt to increase security of status

by bargaining for

– Union shop agreements: Require new employees to

join union after initial employment period

– Agency shop agreements: Require employees who

choose not to join union to pay “representation fees”

to cover union’s cost of representing them

– Dues check-off agreement: Employer deducts union

dues from paychecks of union employees

Failure to Reach Agreement Failure to Reach Agreement

Failure in bargaining negotiations to reach agreement

(impasse) may result in strike

•Economic strikes

– Result of bargaining impasse over wages or other monetary-related

issues

– Striking workers can be permanently replaced in economic strikes

•Unfair labor practice strikes

– Employees strike in response to management’s unfair labor practices – Striking workers cannot be permanently replaced in unfair labor practice

strikes

•Wildcat strikes

– Unauthorized strikes by workers who walk out in violation of collective

bargaining agreement

Failure in bargaining negotiations to reach agreement

(impasse) may result in strike

•Economic strikes

– Result of bargaining impasse over wages or other monetary-related

issues

– Striking workers can be permanently replaced in economic strikes

•Unfair labor practice strikes

– Employees strike in response to management’s unfair labor practices – Striking workers cannot be permanently replaced in unfair labor practice

strikes

•Wildcat strikes

– Unauthorized strikes by workers who walk out in violation of collective

bargaining agreement

Related Bargaining Issues

Related Bargaining Issues

• Government workers

– Prohibited by law from striking

– Must seek arbitration

• Organizations can prevent strikes by

– Using mediation to restart bargaining process

– Agreeing to submit unresolved issue(s) to binding arbitration

• Government workers

– Prohibited by law from striking

– Must seek arbitration

• Organizations can prevent strikes by

– Using mediation to restart bargaining process

– Agreeing to submit unresolved issue(s) to binding

arbitration

Unions Today

Unions Today

with which they have no previous

affiliation

with which they have no previous

affiliation

Reading 12.1

Putting a Big Chill on a “Big Hurt”

Reading 12.1

Putting a Big Chill on a “Big Hurt”

Salting involves union members applying for employment with an employer the union is trying to organize and then attempting to organize from within

The Supreme Court first ruled that this practice was not

illegal under the NLRA, saying the applicants could not be discrimination against SOLELY on the basis of their status

as a “salt.”

Later a federal court found that union organizers could lie about their status as salts on job application as long as they did not misrepresent their credentials, skills or

qualifications for employment

Salting involves union members applying for employment

with an employer the union is trying to organize and then attempting to organize from within

The Supreme Court first ruled that this practice was not

illegal under the NLRA, saying the applicants could not be discrimination against SOLELY on the basis of their status

as a “salt.”

Later a federal court found that union organizers could lie about their status as salts on job application as long as they did not misrepresent their credentials, skills or

qualifications for employment

Reading 12.1

Putting a Big Chill on a “Big Hurt”

Reading 12.1

Putting a Big Chill on a “Big Hurt”

Employers then fought back through the use of preferential hiring criteria as a means of excluding salts from

consideration for employment with success

In the latest case, the NLRB ruled that applicants, including salts, had to have a genuine interest in employment to be protected under the NLRA

The case however was decided by a very slim majority with

a scathing dissent so it is likely that this issue will

continue to present itself in organizing campaigns as

unions fight for their livelihoods

Employers then fought back through the use of preferential hiring criteria as a means of excluding salts from

consideration for employment with success

In the latest case, the NLRB ruled that applicants, including salts, had to have a genuine interest in employment to be protected under the NLRA

The case however was decided by a very slim majority with

a scathing dissent so it is likely that this issue will

continue to present itself in organizing campaigns as

unions fight for their livelihoods

  Reading 12.2 – Social Media, Employee Privacy and Concerted Activity: Brave New World or Big Brother?

  Reading 12.2 – Social Media, Employee Privacy and Concerted Activity: Brave New World or Big Brother?

Why employers engage in monitoring

• to protect the employer from a variety of legal liabilities which could come about as the result of the content of such communications;

• to determine the extent to which employees are actually doing their jobs during work hours and not engaging in distracting personal business; and

• electronic media can be a means for disgruntled

employees to transmit confidential files or provide access

to secure parts of the employer’s website or intranet

Why employers engage in monitoring

• to protect the employer from a variety of legal liabilities which could come about as the result of the content of

such communications;

• to determine the extent to which employees are actually doing their jobs during work hours and not engaging in distracting personal business; and

• electronic media can be a means for disgruntled

employees to transmit confidential files or provide access

to secure parts of the employer’s website or intranet

Reading 12.2 – Social Media, Employee Privacy and Concerted Activity: Brave New World or Big Brother?

Reading 12.2 – Social Media, Employee Privacy and

Concerted Activity: Brave New World or Big Brother?

To date, courts have consistently held that employees do not have any reasonable expectation of privacy regarding online communication, including internet usage and work e-mail systems

employers face an ethical question relative to whether, as part of due diligence in the hiring process, they should scour online networks and sources to discover information about prospective hires

National Labor Relations Board has intervened on behalf of employees and their social media activities related to their employment

in order to receive protection that the employee’s actions or communications can not simply be on her or his own behalf nor should the employee disparage the employer, display blatant insubordination or distribute or publicize confidential information to which the employee is privy; no court rulings on this yet

To date, courts have consistently held that employees do not have any reasonable expectation of privacy regarding online communication, including internet usage and work e-mail systems

employers face an ethical question relative to whether, as part of due diligence in the hiring process, they should scour online networks and sources to discover information about prospective hires

National Labor Relations Board has intervened on behalf of employees and their social media activities related to their employment

in order to receive protection that the employee’s actions or communications can not simply be on her or his own behalf nor should the employee disparage the employer, display blatant insubordination or distribute or publicize confidential information to which the employee is privy; no court rulings on this yet