HR: Working with Unions and Resolving Disputes

3 Parts of Representation election

- Bargaining unit is formed - who will be represented by the union - Supervisors cannot vote - Majority of vote (>50%) is needed to unionize

2 types of Bargaining impasse

- Conciliation or mediation - Arbitration

5 types of strikes

- Economic strike - Unfair labor practices strike - Wildcat strike - Jurisdictional strike - Sympathy strike

3 Taft-Hartley Act of 1947 Functions

- Gave some power back to management - Gave the president authority to declare a strike a national emergency - Allowed states to pass right-to-work laws, which prohibit requiring employees to join unions as a condition of obtaining or continuing employment (Open/Closed Shop)

Three types of bargaining issues

- Mandatory - Permissive - Illegal

Collective Bargaining Process 5 Parts

- Preparation and initial demands - Continuing negotiations - Settlements and contract agreement - Bargaining impasse - Strikes and lockouts

Why do employees join unions and voluntarily pay union dues (fees paid for the union's services)?

- They are dissatisfied with certain aspects of their job - Feel they lack influence with management to make the necessary changes - See unionization as a solution to their problems - In other words, as working conditions, compensation, management style, and employee treatment deteriorate, unions become more desirable

The Unionization Process (5 parts)

- Union organizing campaign - Authorization cards - Representation election - Certification - Contract negotiation (collective bargaining)

Why do employers resist unions?

- Union workers receive higher wages than nonunion workers - Seniority rules - Scheduling rules - Who can and cannot touch the job - In other words, unions constrain what managers can and cannot do in a number of areas

Permissive Issues

- collective bargaining issues that are not mandatory and that relate to certain jobs - For example, benefits for retired employees; product prices for employees; performance incentives

Continuing negotiations

- federal law requires the both employers and union bargaining representatives negotiate in good faith - those who are at the table have the power and authority to make decisions on behalf of each party

Collective Bargaining Issues

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Strikes and lockouts

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Authorization cards

Card signed by employees to designate union as their collective bargaining agent **30% of employees must sign before election can be called

Certification (given by the NLRB)

Decertification is when this process occurs in order to oust a union

Illegal Issues

If one side wants to bring up an illegal issue, other side can refuse

Mandatory Issues Examples

Wages; benefits; nature of jobs; discharge of employees; grievances; work schedules; vacations; rest and lunch breaks; retirement and pension; safety rules; profit-sharing plans; required physical exam

Union

an formal association of workers that promotes employees' interests to management on such issues as wages, work hours, and working conditions through collective action

Mandatory Issues

collective bargaining issues identified specifically by labor laws or court decisions as subject to bargaining

Preparation and initial demands

each side gathers data to support arguments concerning wages, benefits, and working hours and conditions **Initial proposals are made by both sides

Wagner Act (National Labor Relations Act of 1935)

established the rights of workers to organize unhampered by management interference *Was incredibly pro union

Open Shop

firm in which workers are not required to join union

Closed shop

firm in which workers are required to join union

Taft-Hartley Act of 1947

forbade unions from engaging in a series of unfair labor practices, such as coercion, discrimination against nonmembers, refusing to bargain, excessive union dues, etc.

Arbitration

neutral third party makes a binding decision on the agreement

Wildcat strike

occurs without approval of union leadership and violate a no-strike agreement **Strikers can be discharged or disciplined

Union organizing campaign

often occurs when economy is bad

Settlement and contract agreement

once initial agreement is made, both sides go back to their parties and determine if it is acceptable

Sympathy strike

one union expresses support for another union involved in a dispute

Bargaining impasse

options when the two sides do not agree

Union organizing campaign: Salting

practice in which unions hire and pay people to apply for jobs at certain companies to begin organizing efforts **Supreme Court has ruled that this is legal

Settlement and contract agreement: Ratification

process by which union members vote to accept the terms of a negotiated labor agreement

Contract negotiation (collective bargaining)

process whereby representatives of management and workers negotiate over wages, hours, and other terms and conditions of employment

Landrum-Griffin Act (1959) was intended to

protect the democratic rights of union members

Landrum-Griffin Act (1959)

requires unions to establish bylaws, make financial reports, and provide union members with a bill of rights

Lockout

shutdown of company operations undertaken by management to prevent union members from working

Representation election

supervised by National Labor Relations Board (NLRB)

Conciliation or mediation

third party helps union and management reach a voluntary settlement

Unfair labor practices strike

union members leave their jobs over what they feel are illegal employer actions

Jurisdictional strike

when one union walks out to force an employer to give work to them instead of another encroaching union

Economic strike

when parties fail to reach an agreement during collective bargaining

Strike

work stoppage in which union members refuse to work in order to put pressure on an employer