Labor Relations Final

anti-union campaign

A strong anti-union campaign may influence employees to think that a union within such a company would not be accepted and thus would not be beneficial.

Union Membership

In 2000, U.S. dropped to the lowest level in six decades. steadily declined since its peak in 1953 when one in three Americans (35.7 percent) belonged to a union. 2000, membership dropped to just 9 percent. increase in number of union memberships, in regards to the increase in labor force, membership is actually declining.

union mergers

Merging requires taking into account the local unions, employers, collective bargaining relationships, and the employees. Problems if one union loses its autonomy, or sense of independence. may be anger between members from each union, especially if previous rival unions more power with larger industrial groups, and can negotiate with these groups on an equal status. can produce more resources, which can improve their services and functioning, making them a better union.

captive audience speeches

NLRB has inhibited either party to making these speeches twenty four hours prior to an election. also ruled that if a union has the means to communicate with employees outside of working hours, employers can prevent unions from responding to a company speech during working hours.

excelsior rule

Once an election has been approved by the NLRB, an employer must comply with the excelsior rule and supply the names and addresses of all the eligible voters within the company to the union. ensure that the union has the same right of access to employees as an employer has

Eugene Debs

American Railway Union Founder 1843 a union leader ran for president while in jail for pacifism WW I, received 1 million votes; socialist candidate

representation election

If an employer wishes to challenge a union's majority status, they can petition for a representation election, but they cannot petition for a decertification election. an employer must show evidence to support the accusation that the union no longer represents the majority of the bargaining unit employees

Knights of Labor Demise

attributed to their assumption that employees and employers shared common interests.

constitution

authorize the functions of the national union, as well as to protect the rights of union members and local unions. decided upon by representatives from local unions who attend national union meetings.

Labor relations law

based on the U.S Constitution, statutory law, judicial decisions and interpretations, and administrative decisions by agencies of the executive branch such as the First Amendment being interpreted to mean that employees are free to join unions

outcome of a representation election

based on the majority. at least 50 percent plus one more vote determines the outcome of the election.

union organizer

begins to form a union for the already existing dissatisfied employees in order to begin collective action.

American Federation of Labor (AFL) Strategy

belief that the strike should be considered as a viable collective bargaining tool for employees to receive their fair share from employers. Unlike the Knights of Labor, the AFL did not consider the community of interests to represent complete employer-employee agreement on all issues. believed that separate unions should represent different crafts and as such the organizational structure was based on exclusive jurisdiction in addition to decentralized authority.

Wobblies

believed in socialist or communist ideology and some advocated whatever means necessary to effect change, including sabotage and violence. actively recruited immigrants, nonwhites, women, unskilled, and migrant workers.

secret ballot elections

best method to use when establishing a union according to the NLRB. However, there are alternative methods.

Executive Council of the AFL-CIO

consists of a president, secretary treasurer, and thirty-three vice-presidents. council is chosen by a majority vote during a convention. deal with operational duties: union corruption, judicial appeals from member unions, and legislative matters.

union instrumentality.

The extent to which an employee believes that a union will achieve their desired outcomes, such as improving work and pay conditions

predicting unionization

The state of work and job conditions within a company ; feelings of alienation; Scarcity consciousness; Employees' social beliefs and desires; Employees' attitudes towards unions; a need for affiliation or belonging

1850s and 1860s

U.S. factory system developed. This extended a company beyond a local area and was an important step leading to unionism. led to potential competition between locations. Organized labor began to develop to take wages out of competition.

Collective bargaining

Union and management officials undergo collective bargaining in order to resolve conflicting issues. They negotiate a labor agreement that applies to labor and management officials, as well as the employees involved in the bargaining unit.

1920-1933

Union membership began a steady decline After major strikes in 1921-23 (including an unsuccessful attempt to organize the steel industry), trade unions were unable to exercise direct pressure on employers for almost a decade, until the passage of the Wagner Act in 1935, which promoted unionization and collective bargaining.

multi-employer bargaining.

When a union, or unions, form one negotiating unit with more than one employer most often occurs for industries such as trucking, construction, or newspaper. One negotiation unit may represent multiple employers.

joint councils.

When local unions with common goals, employers, or interests get together for discussions, negotiate with common employers, to coordinate their activities, or to solve jurisdictional disputes between unions.

single employer-multiplant bargaining

When one company has a number of facilities and the management and union officials form one negotiating unit Even if each of the company's facilities has its own appropriate bargaining unit, together they still form just one negotiating unit

distributive bargaining.

When the goals of one party conflict with those of the opposing party results in one party gaining something at the expense of the other, this process usually involves threats, bluffs, and secrecy as each party tries to maintain the upper hand.

Bargaining unit

When various positions are grouped together and contain two or more employees who share common employment interests and conditions NLRB determines what constitutes an appropriate bargaining unit. They take into account employee rights and try to protect them as best as possible. type of bargaining unit can influence whether a union wins an election, and can also influence whether employees will have their own union or whether they will be part of a larger union.

Breach of contract -Yellow-Dog contract

a common-law rule used by employers to restrict union membership. achieved by having employees sign a contract stating that they would not join a union or help form one as a condition of employment or would result in termination employer given power to raise an injunction against any union organizers who attempted to recruit members from among those who had signed the yellow-dog contract as well as discharging the employee

social affiliation

a need for affiliation or belonging, as well as a need for status that may be fulfilled through alliance with a union. Unions may satisfy these needs via affecting a worker's sense of identity and their self-esteem. depends to the extent to which the union increases prestige or self-esteem of the worker

Molly Maquires

a secret society of Irish Catholic immigrants intent on seeking social justice during the 1860's and 70s. accused of industrial sabotage, armed robberies, physical assaults, and at least 16 murders a group of union organizers who were prosecuted and either executed or imprisoned after an 1875 strike against anthracite mine owners in Pennsylvania failed

dues checkoff provision

a security measure used by unions union dues taken automatically out of members' checks

Revolutionary unionism

a union philosophy based on the idea that workers should own the major means of production. the union seizes the major means of production.

uplift unionism strategy

a union philosophy that focuses on improving society as a whole. aimed at improving conditions for the working class. focused on social issues

The Supreme Court & Unions

accused of pro-union bias due to the fact that the NLRB's record with the courts was mostly supportive. Large percentage of cases that have been upheld by the Supreme Court. This demonstrates the resulting strength of union power.

Membership Dues fund

administrative and operational costs, and salaries. a strike fund, a convention fund, a retirement members fund, and funds for union publications and education activities.

business agent

administrator for craft unions; leads local union negotiations in addition to other tasks such as grievance administration, union hiring hall administration, and watching over the union agreement. works with shop steward

union shop clause,

an employee has to become a member of a union to remain employed once a probationary period is completed.

paternalism.

another attempt to fight unionism, many companies adopted practices which included providing free lunches, vacations, and employee counseling idea of paternalism was that the employer had the best interests of employees at heart as well as superior wisdom.

National Labor Relations Board

established by the Wagner Act to determine violations of the National Labor Relations Act and was originally chaired by Robert Wagner. established to rule on alleged unfair labor practices and to conduct the representation elections. responsible for establishing policy and making final judgments, but the general supervision and final authority on investigating and issuing complaints was performed by the General Counsel a five-member board and associated staff, the General Counsel and its staff, as well as regional offices located in major cities One of the main roles of the NLRB is to adjudicate disagreements between different parties

criminal conspiracy doctrine

first applied through labor relations law in 1806 to a group of shoemakers in Philadelphia who had refused to work for the allocated wage or with nonmembers. this group of men, who were found guilty of forming an illegal coalition in attempts to raise their own wages. This was the first major labor relations case in the U.S. and the doctrine made it illegal for employees to form a union.

John L. Lewis

formed The Congress of Industrial Organizations key factor in initiating the split of the CIO from the AFL. invention of the sit-down strike in which employees stayed inside the plant rather than forming a picket line outside.

vertical staff meetings

involve the inclusion of random employees from diverse departments in order to bring up possible problems within an organization allow attention of management.

Centralized bargaining

involves combining multiple facilities from the one company into one negotiation unit. Therefore, if the union organizes a strike, all facilities take part, which causes huge problems for a company. On the other hand, if each of the facilities has its own negotiation unit, they would not all take part in the strike, causing less trouble for the company. favorable to a union group as it gives them more bargaining power as strikes could effectively shut down an entire company rather than only a single facility

Congress of Industrial Organizations

largely formed and subsequently led by John L. Lewis invention of the sit-down strike in which employees stayed inside the plant rather than forming a picket line outside. This method proved effective, as employers were not keen to physically remove the staff from the site in case of equipment damage resulting from the confrontation. success largely attributed to the change in employee's attitudes following the Great Depression. They realized the severity of the threat towards job security and appreciated that unions could help provide stability in this area.

Committee for Industrial Organization (CIO) demise

leader of the American Federation of Labor ordered the Committee for Industrial Organization to dissolve or leave the AFL. situation intensified and the industrial unionism issue resulted in the formation of a completely independent labor organization known as the Congress of Industrial Organizations. during the 1930s the AFL grew more steadily by comparison and this is believed to be due to a preference by employers for the more conservative, reliable organization.

Terence Powderly

led Knights of Labor sought to include all workers in one big union and campaigned for economic and social reform, including codes for safety and health believed that the decisions of congress were influenced by bankers and owners of gold, who he considered the true villains of industrial society.

Knights of Labor three organizational units

local assemblies, district assemblies, and the General Executive Board. local assembly -responsible for the education of members on the principals of the organization as well as serving as the members' bargaining agent. sought to exclude from their ranks doctors, bankers, lawyers, liquor producers and gamblers.

Samuel Gompers

major founder of AFL focus on practical matters such as higher wages and shorter workdays. many other union activists were preoccupied with utopian and socialist philosophies, Samuel Gompers of the American Federation of Labor, focused his energies on more pragmatic issues such as higher pay and improved working conditions.

AFL & CIO Merger American Federation of Labor & Congress of Industrial Organizations

merged in 1955 after WW II; previous intense rivalry; change of leadership of the two groups allowed for the opportunity to merge without either president losing face. president of the now amalgamated AFL-CIO, George Meany, believed this action would enable the unionization of more employees and allow for greater political influence. union raiding. The merger allowed for a coordinated effort in recruiting new members and act together on a political front.

agency shop clause

non-union employees can continue working for the company without becoming union members. However, non-union employees must pay the union a sum equal to membership fees. The Supreme Court has upheld the agency shop clause, though has limited the amount of fees that can be required.

Business unionism

objectives typically achieved via collective bargaining, union negotiates improved conditions for all employees focus is on short-term objectives such as wages, working conditions, and job security.

Trade conferences

one form of intermediate organization unit set up within national unions used to represent various industrial groups, which can meet to discuss shared issues. specific subgroups meet and discuss common issues and interests.

Samuel Gompers

one of the major founders of the American Federation of Labor (AFL) focused his energies on more pragmatic issues such as higher pay and improved working conditions.

Union Organizing Techniques

one-to-one contact, peer contact and persuasion, and well-written communication.

William "Big Bill" Haywood

organized Industrial Workers of the World as alternative to American Federation of Labot goals where the aims should be to put the working class in possession of the economic power and the means of life

Industrial Workers of the World of 1905

organized by William "Big Bill" Haywood as an alternative to the American Federation of Labor. initial goal was to overthrow the existing capitalistic system by any means, since it felt employers and employees had nothing in common. Known as the Wobblies Opposing the AFL, the IWW was in agreement with the Knights of Labor-both believed wage and profit system needed adjustment IWW more forceful using any method they believed would help quickly destroy capitalism. was a powerful movement that engaged both socialists and anarchists in the early years of the 20th century, especially in the English-speaking world.

agency shop provision

requires non-union employees to pay dues equal to union membership dues, but they are not required to belong to the union. not required to participate in strikes

President of Industrial Unions

responsible for ensuring that the union agreement is followed by management and they also assist with grievance administration as well as participate in local negotiations.

State central bodies

stablished by the AFL-CIO promote interests of labor throughout the states via lobbying, politics, or organized activities.

Intermediate organizational units

such as regional and district offices, lie between the national and local union group levels. greatly influence the unions and employers in the area in which they function, the units tend to run under the guidance of a national union.

union hiring hall

supply qualified employees to employers when they have a sufficient number of candidates not just union members involved in hiring hall process; unions by law required to not discriminate between union and non-union members when supplying applicants to employers. Construction trades generally use this method, and employees are typically employed on a short-term project.

voter turnout

tends to be a high voter turnout for union representation elections. This is most likely due in part to the convenient voting procedure, in addition to the idea that many voters feel this election may directly impact their lives.

decertification procedure

used when employees believe that their union is no longer representing the interests of the majority. may be prompted when employees receive fairer treatment from an employer, when a union fails to provide adequate service, or when an effective first contract fails to be negotiated. an be filed by a single employee, group of employees, or an employee representative. These can be filed twelve months after a union has been certified or when the labor agreement expires. Although any employee is able to file the petition, the petition must be supported by at least 30 percent of the employees involved in the bargaining unit.

double-breasted movement

when a contractor who belongs to a union starts a non-union subsidiary to their own company.

Alienation

when employees feel that they are not making an important contribution to the end product of their work. Especially in jobs requiring little skill or knowledge, workers gain little or no satisfaction from their work.

Deregulation legislation

within industries allowed new companies to join a previously regulated market and created competition with regards to wages for both the union and nonunion sectors implemented to try and reduce monopolies and restore the competition of prices.

Union voting factors

work context include pay, benefits, and supervisory effectiveness and style. Dissatisfaction with work context may cause an employee to be inclined to join a union. Economic considerations, such as wage levels at similar work places, the unemployment rate in the industry, and growth rates may all influence an employee's desire to join a union.

Norris-La Guardia Act or Federal Anti-Injunction Act

1932; marked a change in the philosophy of labor relations first law to protect the rights of unions and workers to engage in organized union activity. a result of Congress appreciating the legitimacy of collective bargaining prohibited yellow-dog contract allowed workers full freedom in negotiating conditions of employment, including forming unions for the purpose of negotiating gave union members the right to strike, heavily restricted the issuing of injunctions, and allowed injunctions to be issued only for specific acts an administrative agency was not established to enforce enforcement pursued through judicial system, which was not known for being responsive to the needs of employees.

National Industrial Recovery Act

1933; encouraged employers to form associations to draw up codes of fair competition. Companies complying with these codes could display the Blue Eagle symbol. survived for 2 years before being declared unconstitutional, but was made to include a section that guaranteed employees the right to unionize without employer interference.

Hatch Act of 1939

1939 limited the political activities of federal employees was done to shield workers from political pressure and ensure that the resources of the federal government were not used to favor a political party prohibited government employees from raising funds, giving partisan public speeches, or volunteering for any candidate or party was amended in 1993 by President Clinton.

Steelworkers' Trilogy Decisions

1960; arbitrator role given more strength by supreme court in interpreting terms of the labor agreement and appropriacy

Executive Order 10988

1962, president Kennedy collective bargaining rights for federal employees to create a unified pattern of procedures between the federal government and the many labor unions representing federal workers.

Equal Employment Opportunity Act

1972 amend Title VII of the Civil Rights Act of 1964; no discrimination basis of race, color, religion, sex, or nationality.

Civil Service Reform Act

1978 new independent, neutral agency enforced federal labor relations program and investigated unfair labor practices. known as the Federal Labor Relations Authority.

National Partnership Council

1993, President Clinton issued an order aim of the council was to promote labor-management cooperation. motion for this arose from a performance review of the federal government that reported a hostile labor relations program.

Homeland Security Act

2002 agencies involved in intelligence, national security, and investigative work would be exempt from the Federal Labor Relations Management Act

Union meeting attendance

5-10% unless members receive a pay off or a critical issue is being discussed

employment-at-will rule

70% of American workers are subject to this 15% who are union workers and 15% who are public employees.

Employees' social beliefs and desires

A person's views on unions tend to influence whether they desire union

Grievance Process

1. talk with supervisor to see if it can be resolved 2. if not, file a formal written grievance to the supervisor and will receive a formal written reply 3.if not, the employees union rep & employers organizational rep become involved & determine if further action needs to be taken ( a union rep may dissuade the employee from pursuing the grievance if they have seen the same be unresolved) 3rd step is meet with mngmnt & union rep union may impress upon complaintant there support as a political tactic 4. Arbitration used as final negotiator

Vegelahn vs Gunter

1896 injunction issued against union picketing for increases in pay and shorter work hours deemed these actions could lead to trouble. civil conspiracy doctrine put into action as the union's actions were believed to possibly have a negative effect despite the legitimate purposes of the protest.

tentative labor agreement

Acceptance may occur even if the union members are not entirely satisfied with it. this action is considered commitment to the contract, showing that the members are willing to be bound by the contract. Political factors sometimes lead to a tentative agreement being rejected. in unions in which the leader was voted in by a minor majority, opposing members may campaign against the leader's labor agreement purely for political reasons. may also be due to members feeling that they are not receiving the best possible contract, especially if they are comparing it with other contracts within their field.

South Korea

According to the Industrial Labor Organization, employees of South Korea work 54 hours per week, which is more than any other country. Working conditions are also considered unfavorable and discrimination against women is common. Labor conditions in South Korea are considered reasonably poor, with individuals working longer hours than in other countries under poor working conditions and with gender discrimination common. Conditions have begun to change since Roh Tae Woo became president in 1987. Since that time, collective bargaining has become more common as a means of addressing employee issues.

Taft-Hartley Labor Act of 1947 or Labor Management Relations Act

Act to balance power of Wagner act, which favored unions gave the President the power to secure an injunction to postpone for 80 days any strike that might affect national security Act is result of Strong anti-labor sentiment after World War II made secondary boycotts and closed shops illegal made it necessary that employees and unions bargain in good faith with employers could not strike to gain recognition of uninvolved second parties a

Wright decision of 1998 Wright vs. Universal Maritime Service Corp,

Americans with Disabilities Act. litigation court found that employment contract requiring arbitration, was not enforceable employee not obligated to use arbitration rather than the courts.

Work restructuring

Changes from traditional methods of assigning jobs to employees involve work restructuring, which can be undertaken by both the employer and union. One example of work restructuring is forming work teams of 5-12 multi-skilled workers who require minimal supervision to produce an entire product. These workers rotate jobs with each other

technical changes.

Changes in material handling and work flow, and the introduction of labor-saving machinery JOB SECURITY # 1 concern for unions with the advancing technology

Impasse Resolution

Due to the prohibition of striking among public sector employees this plays an important role in labor conflict resolution. The procedures include mediation, fact finding, and arbitration. usually involve a third party who seeks to resolve the issue without causing disruption to services or threatening public interest.

jurisdictional strike

Employees may undertake a jurisdictional strike when a work assignment they believe should have been assigned to them is given to another group of workers.

Foreign Unions

Europe approximately 24 % belongs to a union. Italy highest (53.1 percent) Spain lowest (6 percent).

Circuit City Store vs. Adams case of 2001

Federal Arbitration Act preempts state law, including state laws may reduce requirement for arbitration reinforced use of employment contracts requiring mandatory arbitration of discrimination claims. reinforced use of employment agreements requiring discrimination claims be submitted for arbitration instead of being filed in court.

union history & current trends

Historically unions have mainly been concentrated in the skilled trades and factory settings, but today the largest and fastest growing unions are those that represent professionals. Examples of professional occupations include: attorneys, scientists, engineers, technicians, administrative assistants, and auditors.

unfair labor practice strike

If an employer has acted illegally, and performed unfair labor practice, employees are protected by the NLRB if they decide to strike in protest to the employer's actions. such as refusing to negotiate a labor agreement, or terminating employment of a union member,

International Labor Organization

In 1919, unions from different countries developed in an effort to coordinate labor relations activities and raise the standards of work and life through the adoption of uniform values. The president of the American Federation of Labor was responsible for founding the ILO, which sought to establish global standards with regards to the eight hour day, limitations on child labor, and the freedom of union formation.

Commonwealth vs. Hunt

Journeymen Bookmakers Society tried for refusing to work in shops where nonmembers paid $2 less per pair of boots judgment based on idea that objectives of labor union and how they attempted to achieve them should be considered, rather than simply considering all labor unions to be illegal. because of this unions were ruled to be legal organizations and had the right to strike. Before this decision, labor unions which attempted to close or create a unionized workplace could be charged with conspiracy. Important because it removed the use of the Criminal Conspiracy Doctrine as a tool against labor.

Olin Corporation decision

NLRB defer to arbitration decisions. Olin decision stated unfair labor practices do not have to be considered in the arbitration hearing. Instead, arbitrator's decision will be deferred to as long as the facts of the unfair labor practice and the facts relevant to resolving the unfair labor practice were presented to the arbitrator.

Collyer case of 1971

NLRB examiner stated that company guilty of unfair labor practice through the implementation of unilateral wage and working conditions changes company insisted arbitrators able to resolve the issues rather than the NLRB employee forced to use the arbitration process prior to referral to the NLRB

Postal Reorganization Act

President Nixon in 1970; US. Postal Service (USPS) as an independent body within the executive branch of the federal government established in response to the requests of postal workers to have their labor management relations programs established by law postmaster general position made separate from Congress.

Prehearing briefs

Prior to an arbitration hearing, the parties have the optional choice of submitting prehearing briefs, which outline the issues and positions of the parties. optional components of an arbitration hearing. Some arbitrators take the opportunity to familiarize themselves with the facts of the case, while others prefer to enter the hearing without bias. One benefit of the prehearing briefs is that they help to save time during the hearing.

common fate attitude

Profit-sharing involves everyone working hard to increase the total productivity is necessary from all parties involved in order to achieve the greatest bonus

Cuba.

Since its founding in 1939, the Cuban Workers Central (CTC) has been the only national organization representing unions in Cuba. The close relationship between the Cuban Workers Central (CTC), the unions and the Communist Party of Cuba has caused objective observers to dismiss Cubas trade unions as nothing more than state or company unions fronting for a non-existent labor movement. approximately four million workers in Cuba; about 98 percent are members of one of the national unions. CTC consists of 19 member unions. The specific union representing a worker depends on the industry or sector of his or her workplace. Cuban government does not grant workers the right to collective bargaining or to strike CTC is permitted to express opinions on production targets but union members were stripped of the right to strike immediately after the Communist revolution

Bankruptcy Act of 1984

Situations in which companies are unable to honor the arrangements of the labor agreement due to economic failure are directed to the Bankruptcy Act of 1984 to determine whether such measures could have been avoided. the courts must decide if the actions of the company directly violate the good-faith bargaining arrangement.

job security work rules.

Spreading workloads, limiting the number of machines per operator, and requiring standby crews; rules are in place to prevent companies from laying off employees. Companies view these rules as unreasonable and argue that they result in payment for unneeded workers, unnecessary tasks, and duplication of jobs.

arbitrator selection

Studies have shown that management and unions select arbitrators based on key characteristics. Name recognition and reputation for integrity are two characteristics that studies have shown to be important. employers tend to prefer arbitrators with training in economics, presumably because it means they will be more aware of the financial needs of the business. union officials and managers with a legal background generally prefer arbitrators with law degrees.

Lincoln Mills Decision 1957

Supreme Court aggrieved party could bring suit against a party for refusing to arbitrate a labor dispute; meant that arbitration could be subjected to judicial review.

Japan

The Industrial Relations system in Japan has three major characteristics. These are lifetime employment, unique wage system, and the enterprise union In this system, an employee, once hired, will remain within a company until retirement. The individual's wages are determined and minimal annual increases occur in their career. The enterprise unions are comprised of employees at a single location.

determination of wages

The financial condition of the company, the living costs for the employees, productivity of employees, and wage comparability all influence wages

former Soviet bloc countries

The trade unions represent all employed persons both white and blue collar and are endorsed to represent members and non-members. Members have inadequate rights with extensive duties and may be punished for failure to perform. are like independent organizations. However, they recognize the influence of the government for state-owned organizations, or the influence of the company for company-owned organizations. They act to serve the state or company more than the worker, and so provide workers with little power

sunshine laws.

The underlying principle that the citizens are technically the owners of the public service has resulted in many of the negotiations being made open to the public Through this process, the citizens are able to observe and add input to the collective bargaining process. This differs from the private sector where stockholders are excluded from the process

end-run bargaining

Unions within the public sector will often take this advantage in which they will make a direct appeal to the legislative body in charge of passing the final decisions in hope of a more favorable agreement. union will appeal either before, during, or after negotiations have occurred. In some instances, the media will aid this process when management and the union disclose their positions to the press rather than to the opposition.

successor employer bargaining

When a company changes hands, the bargaining representative that already exists within the company may remain the same. However, if the majority status changes, this may cause the bargaining unit to change. This type of change can be stimulated by changes to such things as the company's conditions, operations, employees, or location.

integrative bargaining or mutual gain bargaining

When two parties try to overcome or solve a common problem; Both parties benefit from solving the problem. tends to involve trust, opening sharing of information, and consideration of each party's suggestions.

bargaining power model

a framework designed to place in perspective the strategies and tactics employed by parties during negotiations. This model suggests that the arrangement of a party's strategies and tactics is based on the party's desire to increase their bargaining power. assumes that a party is more likely to agree with another party's decisions if it costs them more to disagree. the opposing party will try to increase the cost of disagreeing, or will decrease the cost of agreeing.

Breininger vs. Sheet Metal Workers

a key Supreme Court case related to the Labor Management Reporting and Disclosure Act (LMRDA). Breininger, union passed him over in making referrals from the out-of-work list in retaliation for his political opposition to the union's leadership alleged union violated the Member's Bill of Rights in the LMRDA.

lockout

a refusal of the employer to provide work for an employee or group of employees. This is usually in response to a labor agreement dispute.

matching concessions.

a strategy that is used when negotiating agreements. It involves a party agreeing to concede an issue, but only on the basis that the other party also concedes an issue

Federal Labor Relations Authority.

acts to determine appropriacy in bargaining units, to supervise and conduct elections, and to resolve complaints of unfair labor practices The Federal Services Impasse Panel is a specialist panel within the FLRA

American Federation of Teachers (AFT) affiliated to the AFL-CIO

almost one million members, compared to fifty thousand in 1959. have grown considerably since the 1950s has grown into a trade union representing workers in education, health care, and public service

union membership teachers

among professors (16 percent) teachers in public schools (44 percent) the less prestigious institutions demonstrate a much higher tendency to unionize.

skill-based pay

an employee is required to effectively demonstrate that they have learned the required skill prior to receiving the pay increase.

Organization for Economic Cooperation and Development

an international organization made up of 30 member countries including the United States, Australia, the United Kingdom, and most European nations. aim is to encourage cooperation between member countries. It does not create binding law, but a system of peer pressure influences the actions of member countries.

Americans with Disabilities Act of 1990

applies to employment, public accommodations, transportation, and telecommunications and is considered a "bill of rights" to those people with disabilities. It prohibits discrimination in all conditions of employment.

Albermarle Paper Co. v. Moody,

appropriate job analysis Supreme Court ruled employment tests must fall within the EEOC guidelines back pay awards granted for discrimination, as protected by Title VII of the Civil Rights Act.

professional and related occupations

approximately 20 percent of workers are union members

differences between arbitration and judicial proceedings

arbitrators do not generally have the power to subpoena witnesses, testimony is not taken under oath, and transcripts are not taken. arbitrators are usually more lenient in the types of evidence they permit during the hearing. They are also accepting of late submissions during the hearings in light of the uniqueness of the cases they are seeking solutions for. decisions reached by arbitration are not defined by a set of principles. It is considered a flexible procedure that is tailored to the needs of the particular relationship. no definitive process that can be outlined; however, a broad set of guidelines have been accepted

Haymarket Riot

arose in Chicago 1886 between strikers supporting the reduction of the workday to eight hours and the police sent to monitor this meeting. Supporters believed that the shorter workday would result in more people working and help to reduce levels of unemployment. strike against a ten-hour workday began peacefully but resulted in violence and death a bomb exploded, killing police blamed on the Knights of Labor.

Multilateral bargaining

at the state and local levels of the public sector involves numerous groups of community citizens, government officials, and the designated negotiators.

Scanlon plan.

based on a system by which workers receive bonus pay that is worked out using a computed ratio of total labor costs to total production values.

voluntary issues.

can be brought up by one party but the other party is not obligated to partake in bargaining if they do not wish to. Such issues include industry promotion plans, strike insurance, and benefits for retired employees.

Work Adjustment and Retraining Notification Act WARN 1988

companies with more than 100 employees must give 60 days advance notice of layoffs and plant closings to fulltime staff, unions, and state and local government. employees are usually forced to hire the expensive services of an attorney as there is no federal agency responsible for enforcing the law.

grievance procedure

coupled with arbitration is the means of conflict resolution in both public and private sectors. However, in the public sector, the grievance procedure is multi-step and there is a positive relationship between the number of steps and the number of cases taken to arbitration. private sector, grievances are usually settled at the first step, as opposed to the public sector where cases are usually resolved at the second or third step. The positive relationship indicates that the more steps there are, the _____ cases there are that are taken to arbitration.

Misco Decision

court cannot enforce a collective bargaining agreement that is contrary to public policy. courts upheld the arbitrator's decision.

Civil Conspiracy Doctrine

courts developed this following the end of the criminal conspiracy doctrine. based on idea that a union could inflict harm on others even while trying to pursue valid objectives.

Pendleton Act or Civil Service Act of 1883

created the federal merit system the Civil Service Commission was created to administer open competitive examinations for selecting federal employees. the right of Congress was established to regulate the wages, hours, and working conditions of public employees merit principle was created and federal employees were no longer subject to being fired for failure to make campaign contributions.

transnational bargaining issues

cultural differences that exist between countries, especially in the areas of ideology and religion. can create barriers that impede effective bargaining. Such differences can make it very difficult for unions from the free world to collaborate with unions from elsewhere.

negotiable issues between the public and private sectors

differs considerably. One such example is that wages and position classifications of federal employees cannot be negotiated in accordance with the Civil Service Reform Act of 1978. wages and position classification are frequently the topic of labor negotiations within the private sector. This is not the case in the public sector, where these issues are exempt from discussions in public collective bargaining

organizational structure of the public sector

differs from that of the private sector as the chief negotiator may lack the final authority on decision-making processes and forming agreements on behalf of the organization the principles of self-government make it difficult to appoint a person with the decision-making authority. Many government officials try to maintain their power on final decisions as they feel they hold a responsibility to the electorate.

American Arbitration Association AAA

does not employ the arbitrators themselves but rather sees to the fair administration of articles between the conflicting parties. Upon request, the AAA will supply a list or panel of potential arbitrators that will be reduced to just one person. Unless either party disagrees, this person will act as the arbitrator. Otherwise, the process is repeated.

ad hoc arbitrator

done more on a case by case basis, and the appointment expires once the award has been rendered. This offers flexibility to both parties, as permanent arbitrators cannot have their appointment discontinued unless both parties are in agreement. may prove more cost effective for smaller companies or those suffering few grievances

final offer selection arbitration.

each party presents the arbitrator with a labor agreement proposal. The arbitrator then chooses one proposal. This proposal becomes the contract, and no provisions are made.

Common law of the shop,

either party may introduce previous awards that highlight decisions made under similar circumstances. Many arbitrators may ignore such submissions in their decisions.usually overrides this intention due to the uniqueness of cases

Interboro Doctrine

employee invoking rights expressed in a collective bargaining agreement, is acting in interests of all persons covered by collective bargaining agreement. This is considered concerted protective activity.

Gilmer vs. Interstate Johnson Lane Corp decision

employee signed application agreeing to use arbitration in dispute resolution refused age discrimination complaint in the courts. Upon dismissal, employee filed suit for unfair dismissal with the courts case rejected on the grounds of prior agreement to accept employer arbitration.

European Trade Union Confederation

established in 1973. Its purpose is to safeguard all EU citizens and to establish a unified trade union movement that operates throughout Europe.

Homestead Incident

extremely violent episode in labor history, resulting from the employer controlled lockout of employees following wage negotiations sometimes referred to as a strike, it has been reported that no strike vote was ever taken by union members Only a few employees were later reinstated following this incident and the company profited significantly.

Criminal Conspiracy Doctrine

first applied through labor relations law in 1806 to a group of shoemakers in Philadelphia who had refused to work for the allocated wage or with nonmembers. this group of men, found guilty of forming an illegal coalition in attempts to raise their own wages. the first major labor relations case in the U.S. and the doctrine made it illegal for employees to form a union.

Employee Retirement and Income Security Act of 1974 Pension Reform Act

follows strict regulatory guidelines regarding the vesting requirements of pension plans.

improshare plan

formed from increasing productivity via sharing gains obtained from improved productivity are shared equally between the company and employees.

ombudsman

given responsibility to investigate employee concerns when the employee is not satisfied with management's decisions. Although they are an employee of the company, they are given special privileges that grant them the power to make decisions and take action. A company will employ an ombudsman as a way to reduce the number of grievances brought forth by employees. The purpose of the ombudsman is to listen to and investigate employees' concerns to avoid their filing a grievance.

Knights of Labor

goals were largely established due to their objections to operations and industrial organizations established during the American civil war. development of mass production during the Civil war was largely opposed by workers and employers due to the loss of a sense of personal accomplishment and pride. secret society from 1869 to 1882 because participation in a labor organization could lead to dismissal by their employers. (no protection yet) Led by Terence Powderly, believed that the decisions of congress were influenced by bankers and owners of gold, who he considered the true villains of industrial society. sought to include all workers in one big union and campaigned for economic and social reform, including codes for safety and health ncluded both skilled and unskilled workers in the same union and opened their doors to blacks and women. implementation of successful strike action allowed tremendous growth of the Knights of Labor

right to strike

governed by strict guidelines. key differences among provisions that are implemented for employees by occupation and jurisdiction such as teachers, police, firefighters, and state and local employee

National Labor Relations Act Wagner Act

guaranteed employee rights and specified illegal activities by employers. does not apply to all employers and employees, but covered a large portion of the private sector. People working for federal, state, and local government, and those subject to the Railway Labor Act were specifically exempt from the Act. government workers and those subject to the Railway Labor Act. Supervisors, managers, agricultural workers, domestic (i.e. household) employees, and family workers were also not covered by the Act. Section 7 of the National Labor Relations Act,gave employees the right to engage in concerted activities for the purpose of collecting bargaining including strikes, pickets, and boycotts. It also gave employees the right to form unions, to choose either to join or to refuse to join unions, and to bargain collectively.

Germany

highly developed codetermination system allows for worker involvement at a level in organizations where any possible extremism by the organization may be monitored. These policies include those of shared authority on personnel matters, protection of employee rights, guarantees of worker participation, and appeal of alleged unfair personnel decisions.

Privatization

in the public sector is similar to outsourcing in the private sector.Both blue and white collar workers have been impacted by outsourcing. Outsourcing has caused severe losses in the industries represented by unions and has resulted negatively on unions and organizing.

Managerial rights

include organizing, arranging, and directing machinery, materials, and money of the company, but they do not extend to include rights over employees

Wage-related issues

include production standards, time studies, and incentive wage payments.

income maintenance benefits

included in a large percentage of labor agreements. Provisions may include work or pay guarantees, severance pay, and supplemental unemployment benefits.

benefit of implementing incentive wage plans

increase employee productivity. This then relates to increased profit for the company. EXCEPTION-if work revolves around use of a machine, incentive wage plans can not be used because the employee is dependent on the machine

informational picket.

inform the public about labor disputes between employees and an employer as it involves the use of placards and handbills, which can be used to display information

Non-work benefits

involve activities such as rest periods, waiting time, voting time, and travel time. However, holidays and vacations are also covered

Rucker plan

involves rewarding workers for reducing the ratio between dollar payroll and dollar value added. The dollar added is equivalent to the sales minus the purchased materials

intent of the parties.

is completely subjective and the arbitrator would consider the observable behavior of the intent to ascertain the reasonable conclusion to be reached. What the union and management had in mind when they either negotiated the labor agreement or engaged in the action causing the particular grievance is referred

grievance issue or submission agreement,

is stated quite simply in the form of a one sentence question to which the arbitrator will respond. is the central topic of the arbitration on which a decision must be formed.

mandatory issues

issues that are required to be bargained within a labor agreement, such as wages, work conditions, and grievance procedures failure to agree on these issues does not relate to a bargaining violation.

sovereignty doctrine

justification to deny public employees right to strike & right to collective bargaining. Herbert Hoover 1928 "no government employee can strike against the government and thus against the whole people."

China

labor relations system of China has developed based on the government's determination to create stable labor relations. A group contract system involving consultation between employees and employers has been successful. group contract system of China is based on employees and employers negotiating contracts through equal consultation, with unions often representing employees in the process. The system has proved successful and has been used in both the public and private sector.

Danbury Hatters Case of 1908

landmark decision union tried to organize Loewe and Company and insisted that only members be employed court determined unions were covered under the Sherman Antitrust Act made union pay damages to company massive amount of damages caused to the company boycott sparked unions that the Sherman Act be amended

European Union

made up of 27 member states including Spain, France, the United Kingdom, Germany, Italy, and Greece. It acts as a unifying body aimed at creating a single market. stablished in 1992. Its aim is to establish European integration, creating a unified single market. The EU includes employment guidelines that all EU members are expected to uphold.

Federal Services Impasse Panel

made up of a chairperson and at least six president-appointed members. This panel is responsible for the investigation of any standoffs presented to them and is authorized to take necessary action. must investigate and recommend procedures for resolution or provide assistance to the parties.

Mitigating circumstances

may influence an arbitrator to reduce a disciplinary penalty. For example, if management blames an employee for low production output, but is responsible since they did not provide adequate tools, an arbitrator may reduce the penalty.

ability to pay

may not be used by a union during wage determination is because during times when a company is in a financial slump, employees would be required to take a wage reduction.

Clayton Act

more damaging to the unions than helpful--as initially thought-- because it allowed companies to seek injunctions on their own whereas previously it had to be done by the U.S. district attorney.

public sector bargaining units

more difficult to define the appropriate bargaining unit due to variations in state laws and the lack of statutory regulation. Private sector legislation and administrative enforcement agencies provide direction for such units in that field.

National Education Association (NEA)

most popular independent teacher union with approximately 2.5 million members In the 1950s, it was a professional association, not a union. Its leadership, reacting to the growth of the AFT, gradually transformed the organization into one that engaged in collective bargaining, union representation elections, and strikes.

public-sector workers

much more likely to belong to a union than are private-sector employees Thirty-seven percent of public employees are union members compared to just 8 percent of private-sector workers. The market economy cannot operate within the public sector and therefore does not act as a constraint on either the labor union or management during discussion. direct implications of the budget on the public sector bargaining process is not clear, it is believed to have a more significant effect than on the private sector. the projected salaries for employees are recorded as separate line items in the budget.

two-tier pay plan

new employees are paid less, and take longer to receive the top pay, or are not expected to reach top pay. These types of plans are most effective when turnover is high or a company is planning expansion.

Occupational Safety and Health Act 1970

no employee could be discharged or discriminated against as a result of filing a safety complaint or causing a proceeding relating to the act.

State and local agencies

number of different agencies, both state and local, that are involved in the enforcement of state laws and local ordinances regarding labor relations topics.

bargaining caucus

occurs when the union and associated employees withdraw from negotiations for the purpose of discussing issues amongst themselves.

Local central bodies

operate on a local level responsible for civic and community matters.

Racketeering Influenced and Corrupt Organizations Act

part of the Organized Crime Control Act and outlines that no person involved in racketeering may invest in or have control over any business or labor union engaged in interstate commerce. A person found guilty of such actions will be penalized and could potentially be made to divest themselves of all associations and contributions of the business and pay damages to peoples who suffered through such actions

Railway Labor Act

passed in 1926 after a number of amendments to the Transportation Act; drafted by both union representatives and executives of the transport industry. relied upon collective bargaining to resolve labor disputes deemed constitutional by the Supreme Court. was first comprehensive labor relations law and included that parties enter mediation if unable to settle disputes.

North American Free Trade Agreement

passed in 1994. It is a trade agreement made between the United States, Canada, and Mexico. eliminated most tariffs between the United States, Canada, and Mexico and allowed free trade between the three countries. was passed in spite of strong opposition by unions. The opposition was based largely on concerns that companies would move factories to Mexico to take advantage of cheap materials and labor as well as poor working conditions. was a supplement to NAFTA. It aimed to create a basis for the United States, Mexico, and Canada to cooperate in resolving labor problems and for trade unions and social organizations from the three countries to work together to improve labor conditions. also included a set of labor principles that all parties are required to promote.

private-sector employees

percentage of American private-sector workers belonging to unions declined steadily beginning in the mid-1950s

package approach

preferable for parties to negotiate several issues at once, rather than individual issues on a yes/no basis. It encourages discussion, while giving both parties the opportunity to be flexible and concede on some issues.

successful collective bargaining

presenting a more attractive option for the opposition; used by both the public and private sectors.Between both the private and public sectors, the collective bargaining settlement is largely dependent on a party's ability to increase bargaining power. This is achieved by either increasing the cost of the opponent disagreeing or reducing the cost to the opponent of agreeing

bilateral relationship

private sector negotiations between management and union representatives.

arbitration hearing

process by which the union and management are each given the opportunity to present their respective cases to the arbitrator. This can take from half an hour up to ten hours.

job evaluation.

process is used to determine a suitable wage relationship among various jobs within a company. involves determining how important each job is to the outputs of the company and thus how each should differ in terms of wages.

Age Discrimination Act of 1967

prohibits the discrimination against people who are between the ages of forty and seventy and also forbids forced retirement based on age before seventy. permits compulsory retirement of executives who are entitled to pensions of more than $44,000 per year.

Federal Mediation and Conciliation Service

provides services of mediation to unions and management during collective bargaining and also helps with the selection process of arbitrators. It keeps a roster of private practitioners, from which a panel of arbitrators can be selected.

scope clause

provision in a collective bargaining agreement prevents the company from outsourcing bargaining unit work while any member of the union is laid off.

Alexander v Gardner-Denver Company case of 1974

racial discrimination Supreme Court ruled that arbitrators focus should be labor agreement interpretation and not civil rights laws.

Attitudinal structuring

refers to activities aimed at establishing a desired relationship between two parties. This approach is based on changing beliefs and relationships, rather than solving specific issues. may be used to make both parties more interested in developing a suitable compromise and less interested in gaining their own demands at the expense of the other party

Witness credibility

refers to how a witness is perceived and how the arbitrator views the mental attitudes of the witnesses. a significant consideration in arbitration and judicial hearings. If the witness appears rambling, disjointed, sneaky, unreasonable, or vengeful, the individuals hearing the case are likely to evaluate the witness negatively can often be assessed based on subjective behaviors, such as tone of voice, volume of voice, lack of eye contact, or lack of clarity in answers. Subjective behaviors often influence whether or not a witness is perceived as credible. A witness that speaks softly, speaks hesitantly, looks down, avoids eye contact, or gives long rambling answers can be viewed as lacking credibility. Your Answer:

Totality of conduct

refers to the combination of a party's actions that can constitute a violation of bargaining laws. While one incident alone may not be considered a bargaining violation, a combination of actions may

Public image

refers to the opinions and attitudes of those who are not involved in the strike. If the public does not view the strike as favorable, the strike may end up having negative consequences for the union.

good faith

requires both parties to be sincere and honest while negotiating, and to also be reasonable in regards to bargaining and tactics.

Due process

requires certain time limits to be followed, entitles an employee to union representation, and requires written notification of the offense to the employee. is both substantive and procedural. Procedural due process refers to the procedures that are usually part of a labor agreement and must be acted upon during a disciplinary hearing.

bargaining environment

respect and honesty, rationality, and rituals. Rationality refers to a lack of emotional outbursts and random thinking.

Pullman Strike

resulted from employees contesting layoffs and wage cuts following the Panic of 1893, a collapse of the stock market. Pullman company laid off about half of its 5800 employees & cut wages. workers lived in Pullman owned housing & rent cost did not change resulting in near poverty wage conditions. The Pullman Strike occurred to contest the situation. The American Railway union as a result refused to pull any Pullman Cars, federal troops sent by Pres Cleveland by request of the governor, & Scabs broke the strike

secondary strike

similar to a sympathy strike; Unions may work in concert with each other and thus one union may call a secondary strike for the purpose of supporting their fellow union. These strikes tend to occur when, in the one establishment, more than one union represents the employees.

Landrum-Griffin Act. or Labor-Management Reporting and Disclosure Act (LMRDA)

sought to return the rights of union members in areas of freedom of speech, equal voting, and other issues affecting them directly. U.S. Department of Labor was given the power to audit political and financial affairs of unions in 1959 establishes the following: a bill of rights for union members, reporting requirements for labor organizations, standards for the regular election of union officers, and safeguards for protecting labor organization funds and assets.

National Labor Relations Board deferral policy

states that they will hand over a grievance to arbitration only if the grievance in question does not involve question of interference with the employee's rights under section 7. Your Answer:

parol evidence rule

that evidence, oral or otherwise, cannot be submitted with the purpose of altering or contradicting the written language as recorded in the labor agreement. provisions in the labor agreement represent the collectively bargained rights of the union and management and therefore should be upheld throughout the arbitration process.

Strike benefits

the amount of money workers receive when they take part in a strike. Public aid differs between states. The requests to receive public aid, the source of public aid, and the amount of public aid may all differ substantially.

Constructive discharge

the arbitrator's recognition of a situation where the management may give the employee the opportunity to resign from a position to avoid the arbitration of dismissal. the management is also acting to avoid the dismissal decision from being overturned during arbitration, but will pose the situation to be of utmost benefit to the employee being discharged.

grievances

the employees and management, may interpret sections of the contract differently, resulting in grievances.

Western Europe

the framework for collective bargaining is used for individual contracts, the employee can still negotiate employment conditions within these guidelines. This is in stark contrast to the United States where the bargaining agreement supersedes the individual contract of choice regarding the contract and greater freedom of speech pertaining to the conditions of the contract

Canada,

the governments within the provinces and not the federal government establish the legal framework for most of the collective bargaining. collective bargaining system in Canada differs from that of many countries as the governments within the provinces establish the legal framework. The geographical spread and the regional concentration of resources has led to this difference.

10%

the labor agreements provide for a permanent arbitrator to resolve disputes. This usually occurs in big companies or where a long term bargaining relationship exists.

judiciary system

the legislative system that controlled the relationships between labor unions and employers before other legislation passed; the courts were also key in preventing the organization of unions for many years from the 1800s until the 1930s.

Past practice

the process that refers directly to an identical action in the past that has been implemented for a period of time to the satisfaction of both the union and management. no definitive timeline setting how long or frequently an action is to be followed to be considered past practice. This guideline is useful to arbitrators as it may help to demonstrate how the union and management wish to carry out the labor agreement

just cause.

the right of an employer to discipline an employee if they commit a disciplinary offence. it is thought to be a necessary prerequisite for a collective bargaining relationship, a definition of just cause is usually formed from an arbitrator's personal experiences rather than any standard guidelines arbitrators examine whether a disciplinary offence was committed and whether the disciplinary action was appropriate.

Splitting the difference

the two parties agree to meet half-way.Both parties partially gain what they want, but also make a compromise so that the other party can also partially gain

arbitration process

there is a reliance on the common law of the shop principles in dispute resolution since the main responsibility of the arbitrator is to arrive at a decision with which both parties will be satisfied decision of the arbitrator, unlike that of the lower courts, is not subject to appeal. Also, the decision will have a significant effect on management-union relationships, which would be of little interest to a court judge.

Multinational corporations

those that have operations in more than one country. They are also referred to as stateless corporations because much of their sales and assets are outside of their own country. Statistics have shown that of the 100 top economic units in the world, almost half are multinational corporations.

Incentive wage payments

to be paid to workers are determined using production standards, which is the output expected from an employee within a certain timeframe and to a certain quality.When negotiating incentive wage plans, the details about the plans may not be included in the agreement. However, the structure and design are incorporated. the union's role in setting and protesting the standards is generally part of the agreement.

intra-organizational bargaining

to counteract members within the same team having difficulty working together, teams may use this in an attempt to reach a consensus within their own party.

recognitional picketing

to get management to accept the union as the employees' bargaining agent; If recognitional picketing does not sway management to accept the union as a bargaining agent within thirty days, the union must petition for an election. The union can then be voted in if a majority vote is received.

Latin America

trade unions rely on politicians for laws to protect members, to legalize their organizations, and also to regulate the relations with employers. political parties in these countries try to gain favor with the unions to ensure their support, votes, and influence. Likewise, the unions look to the politicians for aid.

Bowen vs United States Postal Service

union misrepresented employee employee discharge both union & employer found to be responsible backpay ordered Employees can sue both the union and employer for union misrepresentation.

United Steelworkers of America vs. American Manufacturing Company,

union requested arbitration employee awarded permanent 25% disability pay despite cleared fit for work 2 weeks after decision. Lower courts upheld mngmnt decision Supreme Court overturned lower court's decision & arbitration was allowed.

Australian law

unions are required to register themselves with the appropriate arbitration tribunal. This is in an effort to limit the numbers of strikes and lockouts. Through these means, the Australian government has sought to develop a compulsory arbitration system that, despite being focused largely on negotiation and conciliation, is very legalistic. The intent of the system is to reduce the number of strikes and lockouts.

burden of proof

usually approached via evidence and witness testimony.

rights and obligations

vary among employees of the private and public sectors Political activities, personal appearance, place of residence, and off-the-job behavior are much more heavily regulated in the public sector.Through stringent regulation, employers often attempt to avoid negative publicity related to employees in sensitive or visible public positions. This applies to such occupations as police, teachers, and firefighters

Collective bargaining within governments

very decentralized and the negotiations are usually conducted on a single-employer basis chief administrator is usually the chief administrative officer of the municipality. is much less structured and usually occurs on a single-employer basis

Vaca vs . Sipes case

was a suit by an employee against his union for its refusal to process his grievance to arbitration; Supreme Court ruled in favor of the union. They concluded that they acted in good faith and their actions were neither arbitrary nor discriminatory. union was not required under fair representation to take every grievance to arbitration

Sherman-Antitrust act of 1890

was used to break a strike by the American Railway Union. Pullman Strike (1894) against the Great Northern Railway of Chicago was broken within a week after President Grover Cleveland ordered 2,500 federal troops to the strike zone authorized federal action against any "combination in the form of trusts or otherwise, or conspiracy, in restraint of trade," was used as a blanket injunction against labor. passed to prevent the concentration of ownership, to prevent business monopolies, and to prevent business combinations that eliminated competition. wording of this law made it difficult to determine if it applied to unions. If it did apply to unions, it would mean that they would be classified as illegal.

electronic monitoring

way to monitor employee productivity; employers can keep a close watch on the activities and productivity of every employee. Although this provides useful information for the employer, unions argue that employees' privacy is being invaded and that it causes employees stress.

surface bargaining

when a party takes part in negotiations but is unreasonable in its approaches--for example, making unacceptable proposals. involves showing a willingness to negotiate by meeting and taking part in negotiations with the opposing party, but being unreasonable with negotiations

wildcat strike

when employees stop working without prior approval from the union; can be subjected to disciplinary action if the strike breaches their contract.

automation

when jobs that were previously performed by humans are now performed by machines controlled via automatic controls. After automation has taken place, little human input is require

Ratification

which union members usually vote on whether they are in favor of the contract. refers to a majority vote in favor of the labor agreement contract

Great Britain

wildcat strikes are common, meaning that strikes occur without authorization by a union. Arbitration is also rarely used in Great Britain as a means of resolving disputes. labor relations system is characterized by voluntary collective bargaining, which is implemented through unenforceable labor agreements previously negotiated. done without legal compulsion and has a wide diversity due to the limited number of labor relations laws.

strike.

withholding of effort by the employees. a group of employees stops working in order to enforce their demands, or to express a grievance

Unionization Process

1. Petition filed for unionization to company & NLRB, usually denied by the company 2. NLRB verifies jurisdiction then begin to organize conditions for an election by negotiating with the company and union. When both a company and union agree on voting conditions, a consent election is held. However, if one party disagrees on the conditions, a formal hearing is required to make the decisions. 3. bargaining unit decided upon 4. eligibility of voters must be established. In general, employees who are on the payroll prior to an election, and are employed in the unit on the date of the election are allowed to vote

right-to-work laws

created to enable the passage of stricter legislation regarding the employee's rights not to participate in union activities. met with opposition from union members, who saw this as an opportunity for some employees to benefit from union achievements without contributing to the cause.

technical staff

department primarily responsible for providing support and advice to the local unions. covers areas such as law, education, research, and public relations

Organized Labor Challenges of today

difficulty in achieving consensus; generation gaps that exist within companies sometimes mean that different groups within the organization may have different values have to contend with negative public opinion

Industrial Workers of the World Demise

disagreed on organizational structure conservatives believed the IWW should have members join the AFL and teach them the negatives of capitalism, radicals followed Haywood's philosophy more closely and disagreed with the use of energy for less effective measures.

Employee committees

discussion of grievances between employees and their employers, as long as they do not involve the negotiation of labor agreements, for example, wages and employment conditions, allowed to exist within a company without retribution from the National Labor Relations Act.

American Federation of Labor and Congress of Industrial Organizations (AFL-CIO)

does not contain all U.S. labor unions, but does consist of a number of national and international unions. numerous unions affiliated with the AFL-CIO from the local up to the international level. represents members from a large variety of occupations ranging from actors to police administers thousands of labor agreements that it negotiates with members. These are generally agreed upon without protest action such as strikes. form the basic conditions upon which numerous members are employed. plays a large role in representing U.S. labor in world affairs. holds a convention biennial(every 2 years) , used to decide on policies, programs, and future AFL-CIO activities may also be held in times of need

union shop provision

employees are required to apply for union membership following their probationary period

American Federation of Labor (AFL)

formed by expelled members of the Knights of Labor. lost faith in the leadership's social reform policy and were unimpressed by the action taken by them during strikes involving cigar makers largely in support of the existing industrial system of capitalism and was skeptical about other organizations that acted against it. representing pure and simple unionism was first assigned by the organization's critics in response to the AFL's goal of wanting to improve the material conditions of members through the existing capitalist system. grew considerably during World War I, During the war, the government recognized the necessity for uninterrupted production and as a result attempted to keep labor happy. Labor representatives were appointed in all government agencies.

amalgamated union

formed by merging two or more unions a union of smaller unions or of related crafts or occupations

Committee for Industrial Organization (CIO) 1935

formed in 1935 as a result of the American Federal Labor rejecting the concept of industrial unionism. purpose of the CIO was to educate and advise, but in action it promoted unionization in mass production industries. The AFL leaders were opposed to unions.

executive board

governs national union in between conventions. Members elected by union members. president has almost unrestricted authority to direct the affairs of the national union.

Non-union firms

have been successful in the construction trade with a strike-free environment despite being able to pay employees lower pay rates and saving on fringe benefits. As a result, unionized firms become involved in the double-breasted, or dual shop, movement in order to form affiliated non-union companies, which are able to more effectively compete with non-union firms.

Marxism

in terms of socialist theory, this is the only one which establishes an integral link between trade unionism and the social revolution. Revolutionary unionism is a union philosophy where the union seizes the major means of production.

Employees' attitudes towards unions

influenced by the attitudes of their parents, or may be strongly affected by previous experience with a union. Employees who feel that their goals will be achieved by joining a union are more likely to support the union

Closed shops

permits only previous members, or willing to become members of a union, to be hired for a job declared illegal in 1947

corporatist strategy

philosophy based on the idea that employment is jointly governed by unions, employers, and the government.

George Meany

president of the now amalgamated AFL-CIO

National Right to Work Committee

protects the rights of employees regarding whether or not they want to join a union. set up to counteract union security measures that required employees to join unions regardless of their preference aims to take a neutral stance on unions, allegations suggest that it has become anti-union.

Organized labor

remains a minor movement within society but one which is considered to be influential to economical and political issues. in today's society union negotiations are well publicized and settlements within a corporation will have an effect on negotiations occurring in other companies

maintenance of membership provision

requires employees who join a union to remain members for a specified duration. However, employees are not required to be union members in order to be employed. unless they leave the union during an escape period (usually 2 weeks).

right to work laws

the right to work principle establishes the right for an employee to work regardless of whether they have union membership or not.

Scarcity consciousness

theory that workers join unions in an attempt to secure their jobs. opposes the alienation theory by suggesting that it isn't alienation that makes workers seek a union, but rather the belief that jobs are scarce and a union will protect them against unemployment.

decertification issues

union has the right to discipline members who try to decertify the union. However, this disciplinary action is not allowed to interfere with the member's employment status.ostracism from union supporting colleagues, pressure from union officials, and even expulsion from the union.

salting

union organizers applying for jobs with non-union employers with the aim of organizing the employers workforce. may be paid by the union or may be a volunteer.

Featherbedding (or make-work rules)

union practice of either limiting output or requiring more union workers than is necessary. Slowdowns, featherbedding (or make-work rules), and resistance to technological changes are all characteristics common to unions which tend to decrease production and raise unit costs.

Predatory unionism

union preys on both employees and employers, generally for its own financial gain. typically involves unions profiting from union dues paid by members, while also extorting payments from employers in return for negotiating favorable contracts

World War II

unions recognized the significant threat technology in general and automation in particular posed towards member's jobs. The unions also recognized the necessity to demand wages that would compensate for inflation. unions increased their collective bargaining efforts Another significant positive advancement in post war union development was the merger of the AFL and CIO in 1955.