Chapter 13

rules governing organizing activities

-Employee organizers may solicit fellow employees to sign authorization cards on company premises, but not during working time. This includes email solicitation. -Outside organizers may not solicit on premises if a company has an existing policy of prohibiting all forms of solicitation, and if that policy has been enforced consistently. -Management representatives may express their views about unions through speeches to employees on company premises. However, they are legally prohibited from interfering with an employee's freedom of choice concerning union membership

election campaign management practices prohibited by law

-Physical interference, threats, or violent behavior toward union organizers -Interference with employees involved with the organizing drive -Discipline or discharge of employees for pro-union activities -Promises to provide or withhold future benefits depending on the outcome of the representation election

reasons employees join unions

-To seek improved wages and benefits -For protection against arbitrary treatment and discharge -To have a greater voice in workplace decision making

examples of unprotected strikes

-sit down strikes -slowdowns -wildcat strikes

why do employees turn to unions

-typically focus on pay and benefits -unfairness/favoritism -lack of recognition or appreciation -poor communication -managers and supervisors unconcerned for employee welfare -desire to have some influence over workplace -lack of advancement opportunities/arbitrary advancement criteria -lack of job security -working conditions -when they perceive management is not doing an adequate job of listening, understanding and responding to their needs

types of strikes

-unfair labor practice strikes -economic strikes -unprotected strikes -sympathy strikes

what is the source of revenue for unions

-union initiation fees -union dues -fines/investments

formal grievance procedure in a unionized firm

1) Meeting with grievant, departmental union steward, immediate supervisor 2) meeting with grievant, departmental union steward, chief union steward, immediate supervisor, higher level supervisor 3) meeting with grieving, departmental union steward, chief union steward, union president, immediate supervisor, higher level supervisor, industrial relations representative, plant manager 4) union and management state in writing the issue to be arbitrated and jointly select an arbitrator 5) arbitrator reaches a final decision, binding on both parties -proceed through steps until resolved

what year was the wagner act

1935

what percent of workers must sign an "Authorization Card" so that the union can petition the NLRB for a representation election

30%

what was union membership at in 1945 and what is it at in 2017

35% to 10.7%

what percent is needed in the representation election of unions

50% + 1

created the national labor relations board

Wagner Act

Affirmed their right to organize and to bargain collectively over working conditions and Established unfair labor practices for both management and unions

civil service reform act of 1978

Authorized the Federal Services Impasse Panel to take whatever action is necessary to resolve impasses in collective bargaining, and Prohibited strikes in the public sector

civil service reform act of 1978

Established the Federal Labor Relations Authority to administer the act

civil service reform act of 1978

is participation in unions increasing or decreasing? why?

decreasing; globalization, technology, corporate downsizing

Belief that there is a limited, controlled amount of key resources available is central to the conflict

distributive bargaining

In negotiations, the bargaining posture that assumes that the goals of the parties are irreconcilable; also known as win-lose bargaining.

distributive bargaining

Negotiators find it valuable to overstate demands, withhold information, and project a stern, tough image

distributive bargaining

win lose posture in which goals of parties initially seem irreconcilable

distributive bargaining

Actions by a union of withdrawing its labor in support of bargaining demands, including those for recognition or organization

economic strikes

limited right to reinstatement

economic strikes

one and only one union in a given job territory

exclusive representation

a dispute-resolution mechanism that is commonly used in the public sector at the state- and local-government levels to help resolve an impasse in negotiation

fact finding

in this procedure each party submits whatever information it believes is relevant to a resolution of the dispute

fact finding

specifies that management has the right to express its opinion about unions or unionism to employees, provided that it does not threaten or promise favors to employees to obtain anti-union actions

free speech clause

Effective tactics include the open exchange and sharing of information and the airing of multiple voices

integrative bargaining

Fundamental structure of such a bargaining situation is that it is possible for both sides to achieve their objectives

integrative bargaining

If one side pursues its goals, this does not prohibit the other side from achieving its own goals

integrative bargaining

In negotiations, the bargaining posture that assumes that the goals of the parties are not mutually exclusive, that it is possible for both sides to achieve their objectives; also known as win-win bargaining

integrative bargaining

Involves first identifying, then solving, problems

integrative bargaining

win win posture in which goals of the parties are not mutually exclusive

integrative bargaining

an organization designed to be the exclusive representative of employees as to wages, hours, and other terms and conditions of employment

labor union

Group of workers who join together to influence the nature of their employment

labor unions

The shutting down of plant operations by management when contract negotiations fail

lockout

what does TIPS mean

management may not Threaten, Interrogate, Promise, or Spy

is a process by which a neutral third party attempts to help the parties in dispute to reach a settlement of the issues that divide them

mediation

can management promise to increase wages or benefits if employees vote against the union

no

does the neutral third party act as a judge to decide the resolution of the dispute

no

is illinois a right to work state

no

what does mediation involve

persuading, opening communications, allowing readjustment and reassessment of bargaining stances, and making procedural suggestions

example of exclusive representation in airlines

pilots, flight attendants and mechanics all under one union

was wagner act anti or pro union

pro

prohibit compulsory union membership (after a probationary period) as a condition of continued employment

right to work laws

occurs when a union appeals to firms or other unions to stop doing business with an employer who sells or handles a struck product

secondary boycott

enables states to enact right-to-work laws

section 14b of the taft hartley act

how is exclusive representation determined

selected by majority vote

Workers refuse to leave the premises until employers meet their demands

sit down strike

Refusals by employees of one bargaining unit to cross a picket line of a different bargaining unit

sympathy strikes

covers most private-sector employers and nonmanagerial employees

taft hartley act

Evened the playing field between management and unions

taft hartley act of 1947

Now there are unfair labor practices for both Management and Unions

taft hartley act of 1947

clarified Unfair Labor Practices for both Management and Unions

taft hartley act of 1947

what does a neutral fact finder study

the evidence and prepares a report on the facts

what act outlawed secondary boycotts

the landrum griffin act of 1959

what happens when one party adopts a distributive, contentious posture

the other tends to reciprocate with contentious communications

what are Railroad and airline employees are covered under

the railway labor act of 1926

affirmed the right of all employees to engage in union activities, to organize, and to bargain collectively without interference or coercion from management

the wagner act

Strikes that are caused or prolonged by unfair labor practices of the employer

unfair labor practice strikes

have the highest degree of job protection for striking workers

unfair labor practice strikes

Both lawful and unlawful work stoppages, such as sit-down strikes, slowdowns, and wildcat strikes, in which participants' jobs are not protected by law; thus, the participants may be discharged by their employer

unprotected strikes

strikes where striking workers can be discharged

unprotected strikes

also known as the national labor relations act

wagner act

when may a lockout occur

when a collective bargaining agreement has expired

is indiana a right to work state

yes

is it legal for a company to replace the locked-out workers with temporary replacements in order to continue operations during the lockout

yes