ch 6 Labor Relations HR
-"FOE": Providing workers with facts, opinions, and personal experiences
legal campaigning involves:
•The supervisor controversy
-After much anticipation by unions and employers, in 2006 the Bush-appointed NLRB issued the Kentucky River decisions that created new definitions for assign, responsibility direct and independent judgement -These new definitions have been criticized by labor and its supporters for making it easier to exclude supervisory and professional employees from NLRB-defined bargaining units and from the NLRA's protections -Remember: Being excluded from NLRA protection does not mean it is illegal to form a union, but it is much more difficult
•Union avoidance consultants
-Consultants can help managers take advantage of tactics and train supervisors in union avoidance -Union avoidance consultants aggressively seek to break unions by resorting to any means necessary -With the help of attorneys and consultants, an employer can slow down the election time line and delay the election date
True
-Election conduct need not rise to the severity of a clear unfair labor practice in order to violate laboratory conditions
-Includes postponing hearings on some issues until after election -If a union wins or loses by a wide margin, then a small number of disputed ballots are irrelevant
-In 2015 the NLRB implemented new election rules to streamline the process and reduce delays
-Due to the shortened timeframe for conducting an election, SHRM and other business groups have labeled this the "ambush election" rule
-Rather than delaying the election by having a hearing to resolve these disputes ahead of time, a hearing will be held after election only if necessary to determine outcome
•The controversies over employer campaign tactics
-Some argue that union representation is solely for workers, and employers should not be granted rights as formal participants in the process -Some campaign tactics are hard to observe or measure and most are undertaken quietly -Employer antiunion campaign tactics potential reduce the likelihood that employees will vote for unions
Based on the perceived costs and benefits of unionization for that individual worker
-The voting decision is typically a practical one...
•Strategic campaigns - Organize a workplace and enhance representation of existing employees •Opportunistic campaigns - Increase a union's membership by organizing dissatisfied workers
-Two types of union-initiated campaigns
-NLRA's employer and union unfair labor practices •E.g., firing union supporters is illegal interference •E.g., improving wages, benefits, and working conditions before an election in order to defeat a union is illegal interference
Clearest violations of laboratory conditions are the
Appropriate Bargaining Unit
Group of occupations and locations relevant to the certification election
laboratory conditions doctrine (the General Shoe doctrine) -"In election proceedings, it is the Board's function to provide a laboratory in which an experiment may be conducted, under conditions as nearly ideal as possible, to determine the uninhibited desires of the employees." -"When, in the rare extreme case, the standard drops too low, because of our fault or that of others, the requisite laboratory conditions are not present and the experiment must be conducted over again."
NLRB evaluates election conduct using its
•employee free choice -NLRA authorizes elections to determine whether the workers want union representation -Campaigning by employers and unions is permitted
The key legal standard for NLRB is
authorization card *-Preprinted form containing a written authorization to represent one for the purposes of collective bargaining
The method in U.S. labor relations for showing support is to sign an
influence voting decisions in NLRB representation elections
Unions can campaign to...
•neutrality and card check agreements with employers •Concentrate on building organizations within workplaces •Focus on recruiting union members rather than on winning elections
Unions organize by negotiating...
recognition strike
a strike to try to compel the employer to recognize their union
representation elections
answer questions of whom the employees want to represent them. most significant type is certification election-> an election to determine whether a union will be certified as the bargaining agent of the employees
-Unions are allowed to promise that they will try to win gains for the employees
how do unions communicate with employees in campaigning?
-By advertising, distributing information, trying to contact employees to show benefits of unionization
how do unions initiate organizing campaigns?
•Individuals who are not defined as employees by the NLRA are excluded -Ultimately determining the appropriate bargaining unit must be done case by case because the details can vary from one workplace to another •This can be a significant source of delay •Each side wants the unit defined to its own advantage -If unit is widened, unions might no longer have 30% signed cards
how is the appropriate bargaining unit determined?
-"TIPS": Threaten, intimidate, make a promise to, or to spy on workers
illegal campaigning involves:
-This involves meeting of interested employees outside the workplace and distributing information -Organizing also involves raising expectations - what someone should expect form their job, their employer, a potential union and ultimately, themselves and their co-workers
in organizing a union drive what is involved in documentation support?
union avoidnce tactics reduce likelihood of successful union election employer antiunion campaign tactics some employees already have their minds made up before an election begins
is illegal employer opposition responsible for the decline in union density?
card check recognition
recognition based on authorization cards or a majority sign-up procedure
•Recognition based on authorization cards -Gathering signed cards from more than 50 percent of employees, can recognize union as bargaining agent -A neutral party examines the cards and determines if truly more than 50 percent of the employees signed cards -The employer can recognize the union and is then obligated to bargain with the union This is called **voluntary recognition
what is card check recognition?
-Low pay -Excessive overtime -Harsh supervision -Lack of respect and voice
when employees initiate an organizing drive...
-Employees can launch a recognition strike •Increase the pressure on the company to force it to change its stance and recognize the union •The NLRA does not ban recognition strikes but tries to make them obsolete -Certification election •Secret ballot election to determine the wishes of the majority of employees •Conducted by the NLRB (or a separate federal or state agency in the public sector) -
•Alternatives to voluntary recognition
-Excelsior list: employer must give employee contact information to the union after an election is scheduled -Unions can contact employees or visit them at home -Unions also use websites and social media to provide campaign information
•But how to reach employees when employers can use no-solicitation rules while restricting employees from talking about unions in non-work areas during non-work time?
•Union organizers •The employer •The NLRB
•Collecting signed authorization cards is a crucial part of the union organizing process The cards demonstrate the interest in unionization to three important parties
-Antidemocratic (deprives workers of the secret ballot vote) -There is a risk that workers will sign cards simply to stop harassment from pro-union workers -By removing the election process, informed employee decision making is undermined because workers might not get as much campaign information •This a microcosm of broader debates and divides -Polarized views for and against labor unions -Rooted in alternative schools of thought
•Criticisms of the Employee Free Choice Act
union instrumentality
•Degree to which an individual thinks a union will be instrumental in improving the workplace •Influence of campaign tactics is controversial
decertification election
•Determines whether a majority of unionized employees no longer wish to be represented by their union -Most result in a workplace going from union to nonunion -Raid election - A small number of decertification elections decertify the existing union and certify a new union
-Job dissatisfaction, union instrumentality, general union attitudes, and collective social identity
•Employer campaign tactics try to influence the four key determinants of individual voting
-A group of employees or a union must file a petition form with the NLRB -Petition must be supported by 30 percent of the employees for such an election •The typical way to demonstrate sufficient interest is to provide signed authorization cards from at least 30 percent of the employees •Many unions wait until they have cards from more than 50 percent, but 30 percent is the legal minimum
•Getting the NLRB to conduct an election involves...
-Look for work elsewhere -Put up with things the way they are -Be disruptive to pressure the employer to reconsider (and maybe get fired) -Try to form a labor union
•If the group is ignored, they can:
The employee free choice act helps the NLRA in 4 ways 1.) this act provides for card check recognition 2.) if labor and management are unable to reach an agreement on a first contract after a new union is certified then an arbitration panel would impose a 2 yr contract upon the parties 3.) penalties for violating the NLRA during an organizing drive or first contract campaign would be strengthened 4.) NLRB would be required to seek injunctive releif in the courts when employers commit unfair labor practice during org drives and campaigns -This Act was proposed under the Obama administration but not voted on -Highly unlikely to be considered under the Trump administration
•Is the Employee Free Choice Act the answer?
-Unless in an unusual circumstance, the NLRB will not allow more than 1 election in 12-month period -Elections will not be authorized within 12 months of any union certification -Under the contract bar doctrine, a decertification election cannot be held when there is a valid collective bargaining agreement
•NLRB deals with several other details before scheduling elections what are they...
-Because of the perceived problems with the NLRB process, some unions are explicitly trying to organize new workers outside the NLRB certification process
•Organizing outside the NLRB certification process
•E-mail and social media can be similar •Recent emphasis on getting workers more involved
•Passive campaign tactics like mailings and handbilling are consistent with the servicing model of union representation
-Unequal access to employees gives employers an unfair advantage -Lack of penalties for violators •Rare exception: **Gissel bargaining order -When the NLRB believes that the union had majority support but employer misconduct eroded election, the NLRB can order the employer to recognize and bargain with the union even though the usual election results are lacking -Delays that create a length election process in which it's hard to main worker support for unionization
•Possible criticisms of the NLRA certification process
-Elections are supervised and monitored by NLRB officials -They usually take place at the employees' worksite -Each eligible worker can vote using a secret ballot -Half of all elections are held within 33 days of a petition being filed -Between filing the petition and conducting an election, campaigning by unions and employers takes place
•Scheduling the election
-Developing personal relationships with workers such as house calls and small group meetings -Rallies and solidarity days -Using workers as volunteer organizers
•Strategies to create worker activism
-As long as these activities do not interfere with their work, U.S. labor law protects the members of this group from reprisals so they cannot be fired, demoted, or disciplined -But they can be ignored; management has no legal obligation to deal with nonunion groups of workers
•Suppose a group of workers join together to influence the nature of their employment (e.g., change a vacation policy)
1.Provide for card check recognition 2.After certification, If labor and management are unable to reach agreement an arbitration panel would impose a two-year contract upon the parties 3.Penalties for violating the NLRA during an organizing drive would be strengthened by providing for treble damages 4.NLRB would be required to seek injunctive relief in the courts when employers commit unfair labor practices
•The Employee Free Choice Act would amend the NLRA in four significant ways:
-Supervisors might meet with employees individually or in small groups -Letters or e-mail messages might be sent to workers -Strikes and paying dues are frequent themes -Captive audience meeting: Meetings at workplace in working hours in which employees are forced to listen management's antiunion and pro-company presentations •No solicitation rules for union organizers
•These tactics usually include providing pro-company and antiunion information and opinions to the employees
-In a controversial 2014 decision, Obama-appointed NLRB ruled that e-mail is such "a natural place" for employees to discuss terms and conditions of employment -Employees who already have access to a company e-mail system are allowed to use it for non-business purposes, including Section 7 activity, during non-work time -If an employer wants to limit employee use of e-mail for union organizing or other Section 7 activity, it needs to show concrete costs (such as large e-mail attachment interfering with the e-mail system's operation)
•Until 2014, employee e-mail systems were treated the same way such that employees did not have a right to use employer e-mail systems for Section 7 activity
certification election
•Used in a nonunion location to ascertain if a majority of employees want to become unionized -If union wins, it is certified as the bargaining agent -Most have one union on the ballot
1.Employees could initiate a strike and ask for support 2.Union supporters could get workers to sign cards or a petition and present results to management 3.Employees could have a secret ballot election in which the union and employer abide by majority decision •Most U.S. unions are formed through secret ballot representation elections (=election to determine whether a union will represent the workers) •The most significant type of representation election is a certification election (=election to determine if a union will become certified as the employees' representative)
•Ways in which a union can be formed
what influences individual workers to vote yes to form a union or no to remain nonunion.
•When an election occurs, an individual worker needs to decide whether to vote in favor of union representation An important question in labor relations is...
a new election is conducted
•When the NLRB feels that election campaigning causes employees to vote differently...
