Union
Back Door Campaign
"Salts" Followed by Professional Union Organizer
Senator Wagner said
"the spirit and purpose of the law is to create a free and dignified workingman who has the economic strength to bargain collectively with a free and dignified employer in accountable.
NLRB will allow craft severance only when the following conditions are present:
(1) a high degree of skill or functional differentiation between groups and a tradition of separate representation; (2) a short bargaining history in the present unit and a low degree of likely disruption if severance is granted; (3) a distinct separateness in the established unit among members of the' proposed unit; (4) a different collective bargaining history in the industry; (5) low integration in production; and (6) a high degree of experience as a representative for the craft of the union desiring severance.
Consent Election
-The Union and the Company agree on which functions are included in the bargaining unit and which employees will be eligible to vote -Union requests the election from the NLRB -NLRB conducts a secret ballot election -If the Union receives the majority of the votes, the NLRB certifies the union as the bargaining agent and contract negotiations begin. If the union loses, the NLRB certifies the result and union activity is barred for 12 months. Fairly rare
Board (NLRB) Directed Election aka Petition Election
-The Union and the Company do not agree on which functions are included in the bargaining unit and which employees will be eligible to vote -NLRB verifies the authorization cards against company rosters -Regional Director of the NLRB holds hearings and determines the appropriate bargaining unit and which employees are eligible to vote in that unit -NLRB conducts a secret ballot election If the Union receives the majority of the votes, the NLRB certifies the union as the bargaining agent and contract negotiations begin. If the union loses, the NLRB certifies the result and union activity is barred for 12 months.
Recognition Request
-Union can request the company to voluntarily recognize the union as the employees' bargaining agent -Union will offer to have 3rd party independently validate the signatures on the authorization cards -No election is held -Union can pressure the company to recognize the union by picketing the company for up to 30 days without asking the NLRB for an election -VERY rarely successful
Bargaining Unit Has Been Determined. Now What?? (Board Directed Election, cont.)
-Within 7 Days, the Company Must Provide the NLRB with an Excelsior List --KEEP Secure Act -Secret Ballot Election is to Held 10-30 Days Later --Half are held within 38 days --90% are held within 56 days -Intense Campaigning by Unions and Management Begins
Preventing Authorization Card Drives
1 Prohibit solicitation by any organization on company property at any time 2 Prohibit distribution of advertising materials handbills, or other literature on company property 3 Prohibit solicitation by employees using company email system 4 Enforce a "No-Access" rule for off-duty employees 5 Require employees to leave work areas, buildings, and parking lots at the end of their shift
community of interests of the employees in the proposed unit
1. Degree of functional integration 2. Common supervision 3. The nature of employee skills and junctions 4. Interchangeability and degree of contact among employees 5. Work situs 6. General working conditions 7. Fringe benefits. 8. Extent of organization
Four Stages of Contract Negotiation
1. Preparation 2. exchanging information 3. Bargaining 4. closing and commitment
Unions Organizing
1.Identify & Recruit Employees Sympatric to Collective Bargaining 2. Home Visits 3. Small Group Meetings 4. One-on-One Solicitation (Organizer-Employee; Employee-Employee) 5. Form an Organizing Committee 6. Solidarity Days (Union Buttons and T-Shirt days) 7. Form a Negotiation Committee - What Should Be in the Contract? 8. Rallies
Sherman Antitrust Act
1890 to out law monopolies and prevent their negative economic and social affect.
Clayton Act
1914, gave unions the legal right to exist and unambiguously exempt them from antitrust laws. Made it easier for employers to seek injunctions. Allowed peaceful strikes and picketing.
Railway Labor Act
1926 protected the rights of employees to form labor unions, provides government mediation of bargaining disputes and establishes adjustment boards to resolve grievances.
New Deal
1930's promoted labor unions, US labor laws have explicitly protected workers union making it illegal for companies to prevent unionization.
unfair labor practice strike
A strike to protest an employer's unfair labor practice
Decertification
A union certified to represent the employees in a bargaining unit need not be certified forever.
Decertification Petition Employee, Managers May
Advise them to seek assistance from the NLRB Advise them they have the right to decertify a union Provide, if requested by a bargaining unit employee, a list of the names, phone numbers, email addresses, and home addresses of the employees in the bargaining unit
High Commitment Work Practices
Affiliation - The feeling of belonging to an admirable organization that shares employees' values (coworkers, bosses, company reputation) Job Design- The work that employees do and the role they have (variety, challenge, autonomy, meaningfulness, feedback) Career - Long term opportunities for development and advancement (security, advancement, growth) Direct Financial - The monetary rewards you receive (base, incentives, ownership, pay process) Profit Sharing Indirect Financial - Benefits; Non-cash; Training; Recognition Organizational Justice - Policies and rules that give employees inputs to decisions; Fair and respectful interpersonal treatment in everyday work; Clear explanations and accounts for decisions made; Grievance procedures to resolve disputes between employees and the organization
Who can file a petition
An election petition may be filed by a union, employer, or employee. In certain types of elections, employers cannot file petitions because early petitions might preempt union campaign efforts. Proof of interest must be shown when a petition is filed or within 48 hours
contract negotiation preparation
Assign Bargaining Team and Responsibilities Conduct External Benchmarking and Data Collection Align Bargaining Goals with Business Strategy Develop Bargaining Proposals and Agenda
contract negotiation Bargaining
Classic Bargaining - aka Distributive, Competitive, or Win-Lose Bargaining Resources are fixed and limited Both sides want to maximize their share Basically a competition as to who gets the most out of a limited resource
PATCO Strike of 1981
Contract Negotiations Between PATCO and FAA PATCO calls for: Five day, 32 hour work week $10,000 pay increase ($26,000 in 2015 dollars) Better benefits package Contract Negotiations Stall PATCO Negotiators Accept Offer from FAA Higher Pay Better Severance Pay Better Retirement Package More Voice in Workplace 95% of Union Members Reject the Contract 13,000 PATCO Members Go On Strike Violation of 1955 Law Prohibiting Strikes by Government Unions President Ronald Reagan Orders Controllers Back to Work; Threatens with Termination Federal Judge Finds Union President to be in Contempt of Court Union Fined $1,000 per day 7000 Flights Cancelled
contract negotiation Exchanging Information
Deliver Opening Statements Decide on the Issues to be Negotiated Exchange Proposals and Counter Proposals Evaluate and Cost Proposals (Share Info Between Two Sides) Mandatory Wage Reductions/Increases Bonus Plans Health Insurance Plans Pension Contributions Work Schedules Vacations Seniority Provisions Discipline Grievance Arbitration Food Prices (Co. Café) Lie and Drug Tests for Employees Subcontracting Plant Closing Process Permitted Union Representation on Board of Directors Drug and Alcohol Screening for Applicants Benefits for Retirees Interest Arbitration Plant Closings Others
certification elections.
Elections in units where employees are not currently represented are called
Employee Relations
Employee Relations is concerned with developing and maintaining employer-employee relationships that contribute to employee productivity, motivation, and morale. Essentially, Employee Relations is concerned with preventing and resolving problems involving individual employees, groups, departments, and business units
economic strike.
Employees strike to win better wages, benefits, and work rules;
Doctrinaire organization
Explicitly desires to operate without union and implements human resource policies it believes will lead employees to resist them. give them what the union will and they will not unionize.
Philadelphia Shoemakers
First permanent union in 1790, marking the start of the conspiracy doctrine. Convicted of being an illegal conspiracy in 1806., joined together and refused to work
Early Signs of Union Activity
Groups of employees are observed together who have not socialized with each other at work before New, or an increasing number of, employees seem to be attracted to employees who are negative, unfairly critical of the Company, or disgruntled Groups of employees coming forward with complaints, instead of single individuals bringing complaints Rumors that employees are meeting with union representatives at a local motel or union hall Even a single report of union organizers or pro-union employees "visiting" a fellow employee at home or over the phone to discuss unions
Union shop
Hires anyone, but must become union to remain on employeed
Decertification - Phases
Identifying the Right Time to Decertify Collecting Signatures on a Decertification Petition Submitting a Decertification Petition to the NLRB Decertification Election
Recognition Requests
If a majority of employees the union is trying to organize signs authorization cards, the union can request recognition as the employees' bargaining agent. about 30% or more
decertification election
If employees are currently represented, but at least 30 percent of them indicate they do not want continued representation,
Majority Votes
If the union receive's a majority of the eligible votes cast, the board certifies it as the employees' bargaining agent and contract negotiations can begin. If the union loses, the board certifies the results, and elections are barred in that unit for one year.
How Does the Unionization Process Start
Initiated by a Group of Employees of the Firm Initiated by a National Union Targeting the Firm Companies Invite Unions to Organize Their Workers (Rare)
Management Tactics During the Campaign
Letters To Home (Employee Or Partner) Videos Posters Flyers Hire Legal and/or Union Avoidance Consultant Identify Trigger Points; Fix Mandatory Large Scale Meetings Mandatory Individual Meetings With Supervisor and/or Union Avoidance Specialists Mandatory Small Group Meetings Two Paychecks
How Organizing begins
National unions target specific employers or geographic areas and send professional organizers· to encourage and assists local employees in unionizing
Decertification Managers MAY NOT
Obtain or provide NLRB forms Provide any form of assistance Initiate a discussion on how or whether to decertify the union representing the bargaining unit May not allow employees to work toward decertification on work time
Union Substitution
Paid vacations graded by length of service Paid holidays Generous health and retirement benefits Pay premiums for unusual working schedules and working conditions Annual increase of pay - linked to some degree to changes in consumer prices (inflation) Progressive discipline Promotion from within Serious efforts to prevent or reduce layoffs Employee decisions linked to seniority Strong emphasis on worker safety Grievance and arbitration procedures Special and customized perks and benefits not available in unionized settings
Submitting a Decertification Petition to the NLRB
Person or Persons Leading the Decertification Effort Must File the Decertification Petition During the Appropriate Timeframe (previous slides) Must Provide Signatures within 48 hours of Filing the Decertification Request Form If a new or renegotiated union contract is signed after a decertification petition has been filed (before the decertification election has been held) then the new agreement will be rendered void should the employees vote against the union in a secret ballot decertification election conducted by the NLRB NLRB will investigate and if all is in order will schedule the election ~60 days later
Decertification Petition
Petition Form - Statement That Undersigned Employees No Longer Wish to be Represented by the Union NLRB Will Hold an Election if 30% of the Bargaining Unit Employees Sign the Petition
Identifying the Right Time to Decertify
Petitions may not be filed any earlier than one year after the NLRB certifies the union as the representative agent If collective bargaining agreement (CBA) still in force: Must be filed between the 90th and 60th day prior to the expiration of the contract May be filed any time after CBA has expired
Origins of the Conspiracy Doctrine
Philadelphia Cordwainers Case Prosecution Argument "Our position is that no man is at liberty to combine, conspire, confederate, and unlawfully agree to regulate the whole body of workmen in the city."
Front Door Campaign
Professional Union Organizer
Wagner Act aka National Labor Relations Act
Signed into law by president Roosevelt on July 5,1935. Labor is more than a commodity, labor and management are not economic or legal equals, there is at least some conflict of interest between workers and employers. Employee voice is important. Primary business strategies centered around low-cost production and economies of scale Owners were understood to have all rights to control production, employment, etc. Most people worked for larger companies; work was manual in nature "Drive" System Lacking wage laws No workplace safety laws Few limitations on child labor No Workers' Compensation
Picketing
Strikers or locked-out workers, their leaders, and their supporters march outside the struck employer's location(s) to publicize their dispute, convince the public not to patronize the business and workers not to cross the picket line,
Consent Election
The Union and the Company agree on which functions are included in the bargaining unit and which employees will be eligible to vote Union requests the election from the NLRB NLRB conducts a secret ballot election If the Union receives the majority of the votes, the NLRB certifies the union as the bargaining agent and contract negotiations begin. If the union loses, the NLRB certifies the result and union activity is barred for 12 months. Fairly rare
Board (NLRB) Directed Election aka Petition Election
The Union and the Company do not agree on which functions are included in the bargaining unit and which employees will be eligible to vote NLRB verifies the authorization cards against company rosters Regional Director of the NLRB holds hearings and determines the appropriate bargaining unit and which employees are eligible to vote in that unit NLRB conducts a secret ballot election If the Union receives the majority of the votes, the NLRB certifies the union as the bargaining agent and contract negotiations begin. If the union loses, the NLRB certifies the result and union activity is barred for 12 months.
Unfair Labor Practices
Threats Promises Coercion Discriminating against union supporting employees Improving wages, benefits, and working conditions before an election Inflaming racial prejudices Home visits by employers Assisting an anti union committee of employees
Wright line test
Under the Wright Line test established by a 1980 NLRB decision, the NLRB general counsel (the prosecution) must first show that (1) the disciplined or discharged employee was engaged in protected activity, (2) the employer was aware of the activity, and (3) the activity was a substantial or motivating reason for the employer's action Wright Line test tries to balance employers' rights and needs to discipline and discharge poor performers with employees' rights to engage in protected activity under the NLRA
Recognition Request
Union can request the company to voluntarily recognize the union as the employees' bargaining agent Union will offer to have 3rd party independently validate the signatures on the authorization cards No election is held Union can pressure the company to recognize the union by picketing the company for up to 30 days without asking the NLRB for an election VERY rarely successful
Bargaining Power
Unions Use Strikes to Increase the Cost of Disagreeing with Them Availability of Replacements Technology Substitute for Labor Integrated Facilities (Output Input) Will Consumers Postpone Purchase? Perishability of the Product Sensitivity to Public Relations Companies Use the Threat of Permanent Replacements and Lack of Work to Increase the Cost of Disagreeing with Them How long can workers survive without pay? How much money in strike funds does the union have? Unemployment rate (Overall & Region) Ability to lure replacement workers Projected unity of the workers
Employment law
Which pertains to individual employment rights. In the absence of explicit laws, the U.S. employment relationship is governed by the employment-at-will doctrine, which means employees can be hired under any conditions and fired at any time for any reason
Common law
a body of law based on customs, traditions of acceptable behavior and judicial precedent. Covers conspiracy, breach of contract, property rights and employment at will doctrine.
lockout
an employer-initiated rather than worker-initiated work stoppage during a bargaining impasse.
Representation Elections
are held to determine whether a majority of employees desires union representation
election bar
ballots are counted to determine whether any alternative received If the union lost and challenges are unsuccessful then an election bar takes effect, barring elections for one year.
Trade Unionist
believe that wealth is ultimately created by the workers who produce the products or deliver the services to the consumer. From a union perspective these gains need to be shared with the employees.
authorization card
campaign tries to enroll employees in the union in the unit the union seeks to represent. Organizers contact employees individually to persuade them to sign cards authorizing the union to act as their agent in negotiating wages, hours, and terms and conditions of employment. Required By Law: 30% of employees in prospective bargaining unit. National Unions Want to See Signing Rate Milestones. Why?? Unions Typically Don't Seek Elections Until 60% to 80% of Employees in a Potential Bargaining Unit have Signed Cards
philosophy-laden
company has no unions, but the lack of success in organizing is because of the organization's employee relations climate
Excelsior list
containing names and addresses of employees in the designated bargaining unit.
Injunctions
court ordered restraints on action to prevent harm or damage to someone else. Used to stop or limit picketing during strikes
NLRB v Jones and Laughlin Steel Corp
declared the wagner act constitutional
Agency shop
employees are not required to be part of union, but still must pay dues.
recognition strike.
employees are striking to force an employer to recognize and bargain with their union,
Civil Service Reform Act
established to limit the bargaining rights and unfair labor practices for federal employees. This act protects most federal sector workers, though supervisors, the military, security agencies (like the FBI) the post office and several other agencies are excluded.
doctrinaire organization
explicitly desires to operate without unions and implements human resource policies it believes will lead employees to resist them.
Norris-LaGuardia Act
forbids federal courts from issuing injunctions that interfere with strikes, payment of strike benefits, publicizing a dispute, peaceful picketing and workers joining unions. Commonly known as the federal anti injunction act. exempts labor unions from the Sherman Act.
Samuel Gompers and the American Federation of Labor
found guilty of violating the act by placing a stove company on its we don't patronize list in the its magazine.
Philosophy laden
has no unions, but the lack of success in organizing is because of the organizations employee relations climate. most are in the most admired employers, better than what unions get.
consent elections
in which the parties agree on the proposed bargaining unit and on which employees will be eligible to vote.
National Labor Relations Board NLRB
independent federal agency devoted to conducting representation elections and adjudicating unfair labor practice.
Yellow dog contract
is a promise by a worker not to join or support a union; refusal to agree to such conditions meant either termination or not being hired.
Closed Shop Agreements
is a provision negotiated into a collective bargaining agreement that requires the employer to hire only union members. Illegal with Taft-Hartley Act.
Judge James Wilkerson
issued one of the most notorious injunctions in American Legal history make striking illegal regardless of how peaceful it was, it restricted free speech by banning any type of persuasion to convince workers to strike and annoy any employees of said railroad companies.
Commonwealth v. Hunt
landmark in granting unions some legal legitimacy and it marks the beginning of the end of the conspiracy doctrine to labor relations. Ruling Unions could "exercise a power which might be exerted for useful and honorable purposes or for dangerous and pernicious ones." Only if there is an unlawful act could the actions of a combination of people be found unlawful "We cannot perceive that it is criminal for men to agree together to exercise their own acknowledged rights . . . [They are] free to work for whom they please, or not to work, if they so prefer . . . "
Legal constraints
limit the potential scope of a bargaining unit, but within these constraints, the contending parties-labor and management-are free to jointly determine an appropriate unit.
Exclusive Representation
majority support a union is the only representative of that group of works.
Taft-Hartley Act aka Labor Management Relations Act
neither part has any right in its relations with any other to engage in acts or practices which jeopardize the public, safety or interest. 1. restrictions on unions a. employers cant restrain or coerce employees in the exercise of the rights guaranteed in section 7 b. to cause or attempt to cause an employer to discriminate against employees except for failing to pay any required union dues c. to refuse to bargain collectively with the employer. d. prohibits unions from engaging in secondary boycotts and other forms of strikes and picketing that involve innocent employers. 2. enhanced rights of individuals and employers 3. new dispute resolution procedures.
raid elections
occur when at least 30% of employees indicate they would prefer a different union to represent them
Accretion
occurs when a new facility is added to the bargaining unit or when an existing union in an employer wins representation rights for employees previously represented by another union
Statutory Law
passed by legislatures, not judges. Covers business law, labor law, and employment law
Landrum-Griffin Act
passed in 1959 to combat breach of trust within labor unions. guarantees all union members equal rights of participation in internal union affairs, including voting and expressing views. unions and their officers are required to disclose financial records by filing reports with the US department of Labor
The Mackay Doctrine
replacement workers who continue in their positions after the strike ends-as well as temporary strike replacements who are discharged at the end of the strike
bargaining order
requiring the employer to recognize and negotiate with the union.
craft severance
that a group of employees with a substantially different community of interests is allowed to establish a separate unit
board-directed (petition) elections
the NLRB regional director determines, after hearings, an appropriate bargaining unit and voter eligibility
drive system
the ability of an employee to retain a position depended to a large extent on whether he or she pleased the supervisor. Held say in manufacturing for most of the first third of the 20th century.
Danbury Hatters Case
union boycott violated Sherman antitrust and later ruling held individual union members responsible. Revealed individual members were liable for damages, and unwillingness of the courts to sanction all voluntary actions such as boycotts
totality of conduct;
was an employer's overall conduct so coercive that it eroded a preelection majority