Employee Relations Midterm

Taft-Hartley Act (LMRA)

- Passed in 1947, bc of growing anti-Communism cold war sentiments - Amended Wagner Act - Added a long list of prohibited actions by unions: wildcat strikes, solidarity/political strikes, secondary boycotts - Allowed states to pass what are called right-to-work laws

Industrial Union

A collective bargaining unit open to all workers in an industry, regardless of their specific skills, functions, and job responsibilities. An oil workers' industrial union, for example, would include those involved in exploration, extraction, storage, refining, transport, and other areas associated with oil or petroleum industry.

Cost of Living Allowance Provisions (COLA)

A cost-of-living adjustment is made to counteract the effects of inflation. Cost-of-living adjustments (COLAs) are typically equal to the percentage increase in the consumer price index for urban wage earners and clerical workers for a specific period.

Congress of Industrial Organizations (CIO)

A federation of unions that organized workers in industrial unions in the United States and Canada from 1935 to 1955. In its statement of purpose, the CIO said it had formed to encourage the AFL to organize workers in mass production industries along industrial union lines.

Agency Shop

A form of union security agreement where the employer may hire union or non-union workers, and employees need not join the union in order to remain employed

Authorization Card

A form signed by an employee to designate a union as his or her bargaining agent. The union authorization card is legally binding on the employee, despite any claims the union may make to the contrary.

Wagner Act (Wagner-Conyers Act)

A foundational statute of United States labor law which guarantees basic rights of private sector employees to organize into trade unions and engage in collective bargaining

Bargaining Unit

A group of employees with a clear and identifiable community of interests who are (under U.S. law) represented by a single labor union in collective bargaining and other dealings with management.

Lockout (Defensive)

A lockout can be seen as an employer's leverage during a strike. A lockout is the employers' right to exclude striking employees from the workplace. This prevents striking employees from working on and off during the duration of the strike.

Majority Union

A majority trade union is a trade union that has a minimum of 50% plus 1 of the total employees employed by the employer in a workplace

Clayton Antitrust Act (1914)

A part of United States antitrust law with the goal of adding further substance to the U.S. antitrust law regime; sought to prevent anticompetitive practices in their incipiency

Organizational Picketing

A picketing that is done by a union, in order to persuade the employer to accept the picketing union as the collective bargaining union.

Informational Pickets

A picketing to inform the public about a matter of concern to the union. The information that is circulated via informational picketing is important to the union. Such picketing was used to gain public support and promote further bargaining with management.

Closed Shop

A place of work where membership in a union is a condition for being hired and for continued employment.

Coalition Bargaining

A process where more than one employer negotiates with the union. For example, some organizations have chosen to use coalition bargaining to negotiate health insurance coverage for public employees.

No Solicitation Rule

A promise by both the target company and the acquirer that for a certain period of time after closing they will refrain from engaging in business that is competitive to the existing or acquired business and will not try to lure or hire away each other's customers or employees

No Strike Clause

A provision in a collective bargaining contract in which the union promises that during the life of the contract the employees will not engage in strikes, slowdowns, or other job actions. A union often agrees to such a clause in exchange for a grievance arbitration provision

Election Bar

A restriction laid out to protect a newly certified representative for a period of at least one year from the possibility of facing another election

The signing of authorization cards by prospective union members is one of the initial steps in securing recognition of a union. As soon as the union has 30% of the members in the bargaining unit `signed up' it can request a recognition election from the NLRB. Most good strategists advise that the union have at least 50% `signed up'. Comment on the wisdom of this advice in the light of your reading.

A study of NLRB elections reports that approximately 75% of the people who sign cards actually vote for the union. This suggests that while cards are a reasonable surrogate for ballots, they are not perfect, and a higher threshold that 50% should be used if cards are to be true indicators of a majority support of unions. If the union utilizes inappropriate means to obtain signatures (drinking parties, threats of violence, or forgeries), then it is more important to obtain more than 50% signed authorization cards. In addition, the longer it takes for an election to occur, the less likely voters will participate. Ensuring that a union has a higher majority than 50% will increase their chances of winning the election.

Conspiracy Doctrine

A tool for creating liability for persons involved in organized criminal groups, especially those who plan or organize the criminal activities and delegate their execution.

Ambulatory Situs

A union engaged in a lawful primary strike is entitled to picket the employer not only at its principal place of business but also wherever else the employer carries on its business

Dues Check-Off

A voluntarily authorized and regular deduction of an employee's wages by an employer to pay off the union dues by deductions in earnings instead of separate individual payments

Company Unions

A worker organization which is dominated or influenced by an employer, and is therefore not an independent trade union. Company unions are contrary to international labour law.

Yellow-Dog Contract

An agreement stating that individuals would neither join a union nor assist in organizing one

Representation Election

An election that is held to determine whether the workers want to be represented by a union.

Confidential Employee

An employee whose duties normally require access to confidential information that contributes significantly to the development of management positions. A confidential employee's job requires him/her to develop or present management positions on labor relations and/or collective bargaining.

Successor Employer

An employer which has acquired an already existing operation and which continues those operations in approximately the same manner as the previous employer, including the use of the previous employer's employees.

Prohibited Bargaining

An illegal subject of bargaining is one where, even if it is included in a collective bargaining agreement, it is unenforceable. For example, if a labor contract said that if employees are late to work three times in one week, those employees are required to snort cocaine the rest of the month. Snorting cocaine is illegal, so unions and companies are not allowed to bargain for that type of clause in a contract. A little less outlandish, but no less illegal, are clauses requiring a closed shop, union-shop clauses in right-to-work states, hot cargo agreements, and anything that violates any state or federal employment law.

National Labor Relations Board (NLRB)

An independent US government agency with responsibilities for enforcing US labor law in relation to collective bargaining and unfair labor practices. Unfair labor practices may involve union-related situations or instances of protected concerted activity.

Administrative Law Judge

An official who presides at an administrative hearing to resolve disputes between a government agency and someone affected by a decision or action of that agency.

Unfair Labor Practice (Employer) Sec. 8.a. (ULPE)

An unfair labor practice in US labor law refers to certain actions taken by employers or unions that violate the National Labor Relations Act of 1935

Describe the procedure to be followed in the processing of an unfair labor practice complaint up through a U.S. Supreme Court decision.

An unfair labor practice is any action by either the union or management that is prohibited by law or NRLB ruling. Cases begin in the regional offices as a charge or petition that has been filed by an individual or organization. Unfair labor practice charges can be submitted in person or by mail, and they must be filed within six months after the alleged practice was committed. The regional offices of the NLRB investigate the charges. The NLRB assigns a field examiner or an attorney to take written statements and affidavits from available witnesses. Regional offices try to dispose of the cases informally through withdrawal, settlement, or dismissal. If a case is not closed by one of these informal methods, a formal complaint is issued. The NLRB's general counsel may dismiss the case, leaving the complaining party with no recourse other than to sue the NLRB in the federal courts, or the general counsel may refer the case to the board for a ruling. Before a case goes before the full board, a formal hearing is held. An administrative law judge conducts the hearing and issues a decision. Any party that disagrees with the judge's decision may appeal to the Five-Member board of the NLRB. After the NLRB issues a decision, a dissatisfied party may appeal to the federal court of appeals and then to the Supreme Court to review the case. This process may take several years. In a typical year, about 50 percent of the NLRB's rulings are appealed, and approximately 85% of these rulings are upheld.

Management Rights

Comprise of core rights (such as to determine the organization's mission, budget, strategy) and operational rights (such as to assign, direct, hire and fire).

Blacklisting

Conspiring or contriving in any manner to prevent discharged employee from procuring other work.

Zipper Clause

Contract stipulation in which both parties waive the right to demand bargaining on any matter not dealt with in the contract, whether or not that matter was contemplated when the contract was negotiated or signed

What is the difference between an economic strike, a jurisdictional strike, and an unfair labor practice strike? (Include legal status of each and job security implications for strikers).

Economic Strike - Occurs over mandatory bargaining units such as wages, benefits, hours of work, or management's rights. These workers can be temporarily or permanently replaced. If not permanently replaced, an economic striker has a right to be reinstated to their job at any time during a labor dispute after making an unconditional request for reinstatement to the employers. Jurisdictional Strike - Involves a dispute between two or more unions over the assignment of work. It is an unfair labor practice under LMRA for a union to strike or threaten such action to force an employer to assign work to that union's members rather than another group. Unfair Labor Practice Strike - Can occur at any time to protest the commission of an employer unfair labor practice and cannot be barred by language contained in a negotiated no-strike agreement. Employees engaged in an ULP strike cannot be permanently replaced, but may be temporarily replaced bu an employer for the purpose of continuing normal business operations. Participation is voluntary and employees are not entitled to any type of back pay.

Lockout (Offensive)

Forcing employees to accept a final demand

American Federation of Labor (AF of L)

Formed in 1886 after some of its member national unions were expelled from the KOL; The purpose of the AFL was to organize skilled workers into national unions consisting of others in the same trade

Bargaining in Good Faith

Generally refers to the duty of the parties to meet and negotiate at reasonable times with willingness to reach agreement on matters within the scope of representation; however, neither party is required to make a concession or agree to any proposal.

Boulwarism was a bargaining strategy of the General Electric Co., in the 1960's. By 1969 this strategy was not considered to be `Good Faith' bargaining within the intent of Section 8(d) of the 1947 law. What is `Good Faith' bargaining and how did GE's action (Boulwarism) not meet the criteria?

Good faith bargaining is the legal requirement of management and the union to make a sincere and honest effort to reach a labor agreement and be reasonable in their bargaining positions, tactics, and activities. Boulwarism was GE's take-it-or-leave-it approach to labor negotiations. GE contended that it approached bargaining the same way its product marketing by first researching the employees' desires and the firms' competitive positions and then presenting a fair bargaining proposal to the union. GE would refuse to modify its original proposal unless the union could present a new and signification information on the issues -- which they rarely could. GE contended that it was a "fair and firm' approach. Boulwarism was found to be in violation of good faith bargaining primarily because it attempted to bypass the employees' exclusive bargaining agent (union) by persuading employees to pressure their union reps to accept management's terms. Their communication campaign and bargaining practices were deemed a violation because it undermined the status of the union as the employees' bargaining agent.

Mandatory Bargaining Subject

If the issue pertains to wages, working hours, or terms and conditions of employment, and the like, an employer is legally prevented from making a unilateral change without advance notice to the union and providing a bargaining opportunity

Mediation

Intervention between conflicting parties to promote reconciliation, settlement, or compromise

Duty of Fair Representation

It is the obligation to represent all employees fairly, in good faith, and without discrimination.

What was the major legal weapon used by management against the union movement from the beginning up through 1932? Why was the Norris-La Guardia Act necessary and what specific remedies did it provide?

Labor Injunctions - A court arrangement that denies exercises in conjunction with a work debate. b. The Norris- LaGuardia Act(also known as the Anti-Injunction Bill) was a 1932 United States government law that prohibited yellow-dog contracts, banned elected courts from issuing orders against peaceful work debate, and made a positive right of non-intervention by managers against laborers joining exchange associations (1) Allowed workers a more noteworthy voice in trying to progress and secure their authentic activity interests. (2) pronounced that a yellow dog contract would be unenforceable in government courte. (3) encourage the courts to receive a more fair or nonpartisan part in looking to ensure and uphold the honest to goodness privileges of bosses and workers.

Make Whole Remedy

Make whole is a term used in reference to compensating a party for a loss sustained. It may include either actual economic losses or to non-economic losses.

Scab

Negative term for a worker called in by an employer to replace striking laborers

Collective Bargaining

Negotiation of wages and other conditions of employment by an organized body of employees.

Bargaining Impasse

Occurs when the two sides negotiating an agreement are unable to reach an agreement and become deadlocked. A bargaining impasse is mutually harmful and it may be beneficial for the parties to accept binding arbitration or mediation to settle their dispute, or the state may impose such a solution.

Norris-La Guardia Act

Outlawed yellow-dog contracts and further restricted the use of court injunctions in labor disputes against strikes, picketing and boycott

Unions are considered to have both positive and negative effects. Briefly discuss at least two of each. (For Example: you must mention two positive and two negative effects.) In your opinion which effect (Positive or negative) has the strongest influence and why?

Positive effects - Lower turnover is associated with union membership (due to the grievance procedures) and higher productivity (improved morale associated with higher wages, benefits and improved working conditions, less employer turnover, high levels of firm-specific skills resulting from more training opportunities, more pressure to get the house in order and invest in better methods, effective grievance procedures, ability to negotiate subjects related to industrial accidents and diseases that can reduce lost work time). Better benefit packages. Negative effects - Higher distribution of profits to meet employees' interests - lowers the rate of return per dollar of capital invested making unionized firms less attractive to investors). Higher benefit costs (unionized employers pay a larger percentage of the premiums). Higher labor costs (higher wages, premium pay - double time, shift differentials, reporting pay and call-in pay, increased PTO). Increased risk of plant closing, stifle individual initiatives, ignore the members during strike decisions.

Contract Bar Doctrine

Provides that once a contract is executed, the National Labor Relations Board (NLRB) generally does not permit a representation election in the unit covered by the contract until the contract expires up to a 3 year limit.

You have been asked to develop a position paper on the subject of, "Why People Join Unions," for presentation to a management meeting. It has also been suggested that you divide your list into Economic, Psycho-Social and Worklife Quality reasons.

Psycho-Social: Feelings of alienation (inability to take pride in their work, lost involvement when the machine dominated, became estranged from fellow employees due to work being laborious and competitive.) Unions provided employees with the ability to speak their minds without management reprisal. Can provide employees with a voice which gives them an alternative to quitting if they are not satisfied. In addition, overall feelings about unions — there is a possible benefit of social affiliation (some employees join unions for the same reason they would join any social organization.) Appeals to the social needs of members: need for affiliation, status and belonging to something purposeful. Economic - Many employees, particularly manual laborers, feel they live in a country of limited opportunity and that jobs are difficult to obtain and retain (job security). Unions can negotiate work rules, apprenticeship programs, seniority, lay off provisions, grievance procedures, and lobby for legislation that protects employees' job rights. Work life Quality: the belief that joining a union will improve their personal situations in regards to wages, benefits, promotional opportunities, work environment, and job security. Research the workplace, low wages, or lack of benefits and have a belief that a union will help them achieve the job-related conditions that are important to them.

Craft Union

Refers to a model of trade unionism in which workers are organised based on the particular craft or trade in which they work

Decertification

Refers to the process where the National Labor Relations Board (NLRB) allows employees to call for a special election to get rid of the union as their "exclusive representative." It is important to remember that your company cannot help or assist you with decertifying a union.

Ally Doctrine

Refers to the situation when an employer subject to a strike effectively uses the employees of a neutral employer as strike breakers

Right-to-work (Sec. 14b)

Relating to or promoting a worker's right not to be required to join a labor union.

Deauthorization

Removes authority of a bargaining representative in a non-right-to-work state to negotiate or enforce a union security clause.

Union Shop

Requires all employees of a business to join the union within a short period, usually 30 days, and to remain members as a condition of employment.

Section 7 Rights

Rights under NLRA that allow employees to engage or not engage in union activity.

Describe, in detail, the sequence of events in the formation of a union local from the initial `idea' up to the point where collective bargaining would be required. Be sure to include, in your answer, a discussion of the various ways that you could secure recognition of your local union.

Step 1: Get at least 30% of the workers in a company to sign authorization cards calling for a union to represent them. Once completed, they can petition the NLRB for a representation election. Step 2: The NRLB then investigates four issues: (1) Whether the company falls within the jurisdiction of the NLRB (2) Who should represent which workers (3) Whether there is enough worker interest (4) Whether there are any election bars, such as if another petition has been filed within the past year. Step 3: Absent a bar to an election petition, certification of a union by the NLRB occurs after an NLRB-conducted election by secret ballots in which the union receives a majority of the valid ballots cast by the employees eligible to vote. Most employers insist on an NLRB election and must bargain with the union in good faith once the union has been organized and the employer recognizes it.

Many unions negotiate a dues check-off provision as a part of their collective bargaining agreement. Discuss the advantages and disadvantages of a dues check-off clause from a management viewpoint.

The advantages of a dues check off provision include: if a union negotiates a union shop, the check off provision ensures that employees pay their dues and a company is not forced to terminate a good employee for failure to pay dues. In addition, the employer may charge an administration fee to the union for the cost of dues collection and other paperwork associated with administering the provision. In addition, by allowing the check off due provision, management can bargain for something in return such as flexibility in making work assignments, subcontracting, or writing job descriptions. The disadvantages include the additional workload associated with administering the deduction, especially if there is a difference in the amount of dues owed from a nonmember agency fee payer vs a member in good standing. Also, by making the deductions automatic from paychecks, it frees up the unions time to focus on things like recruitment of new members, grievances and contract negotiations.

General Counsel

The main lawyer who gives legal advice to a company.

Permissive Bargaining

These are subjects that are not mandatory subjects of bargaining. Either party can propose to discuss permissive subjects of bargaining, and the other side may voluntarily bargain on those subjects. Neither party may insist on bargaining that subject to the point of impasse. Once bargaining begins on a permissive subject, either side can end the bargaining on that subject without penalty. Examples of permissive subjects of bargaining are; the definition of the bargaining unit; internal union matters (which unions won't negotiate); terms and conditions of employment for management employees (which employers shouldn't negotiate); and the use of a court reporter at bargaining.

A union local, once it has been certified as the bargaining representative for a group of workers, must represent all of the workers in the bargaining unit without regard to whether or not they belong to the union. What are the ramifications of this doctrine?

This doctrine allows "free riders" - employees who receive the benefits from the union, but who pay no dues. Dues are payments to the union for services rendered. It is not fair for the union members to pay additional funds to the union to support "free riders". The only recourse for unions is to negotiate a union security provision into the labor agreement. However, certain security provisions cannot be negotiated in right-to-work states (have enacted legislation prohibiting union membership as a condition of employment).

Economic Striker

Those employees who strike in order to obtain some economic concession from the employer such as higher wages, shorter hours, or improved working conditions. These strikers retain status as employees. The employer cannot discharge these strikers, but is able to replace them.

Consumer Picketing

Used by unions to inform customers and consists of activities such as distributing handbills, carrying placards, and urging customers not to purchase products from the business.

Wildcat Strike

Work stoppages at union contract operations that have not been sanctioned by the union.

Secondary Boycott

an attempt by labor union to convince others to stop doing business with a firm that is the subject of a primary boycott; prohibited by the Taft-Hartley Act

Shop Steward

an employee elected by union members to serve as their representative

Sitdown Strike

work stoppage in which workers refuse to leave a factory