HR Management Ch 14

Integrative bargaining

Has a win-win focus; it seeks solutions beneficial to both sides

Attitudinal bargaining

Refers to the relationship between labor and management negotiators. Relationship and trust

Landrum-Griffin Act 1959

Regulated unions' actions and internal affairs (financial disclosure and conduct of elections)

-How well are day-to-day problems resolved? -How well does the prices adjust to changing circumstances -In multi-unit contracts, how well does the process handle local contract issues

Three criteria for effectiveness of grievance procedures

-Interfere with, restrain, or coerce employees in exercising their section 7 rights -Dominate or interfere with a union -Discriminate against an individual for exercising his or her right to join or assets a union -Discriminate against employees for providing testimony relevant to enforcement of the NLRA -Refuse to bargain collectively with a certified union

What are certain unfair labor practices (ULPs) section 8(a) of the NLRA prohibit employers from doing?

-Deliver recognition and appreciation -Solve employee problems -Protect employees from harassment or humiliation -Provide business-related information -Be consistent in treatment of different employees -Accommodate special circumstances where appropriate -Ensure due process in performance management -Treat all employees with dignity and respect

What are effective management practices that take away union issues?

Associate union membership

Union receives dues in exchange for services but does not provide representation in collective bargaining

-Establish interdepartmental contract objectives -Review old contract -Prepare and analyze data -Anticipate union demands -Establish costs of contract provisions -Make preparations for a strike -Determine strategy and logistics

What are seven steps to prepare managers for negotiations?

-Structural changes in the economy -Substitution with HRM -Worker views -Increased employer resistance -Substitution by government regulations -Union actions

What are some reasons for decline of union memberships

-Mediation -Fact finder -Arbitration

What are three resolution procedures that are alternatives to strikes

-Craft unions -Industrial unions

What are two national and international unions?

-Enforces NLRA -Conduct and certify representation elections -Prevent unfair labor practice

What does the National Labor Relations Board (NLRB) do and what are its major functions?

-threatening employees with harsher terms and conditions of employment or employment loss if they engage in union activity -Interrogating employees about pro-union or anti-union sentiments that they or other may have -Promising employees that they will receive favorable terms or conditions of employment if they forgo union activity -Spying on employees known to be or suspected of being, engaged in pro-union activities

What should supervisors avoid to stay union free?

-Report any direct or indirect signs of union activity to a core management group -Deal with employees by carefully stating the company's response to pro-union arguments -Take away union issues by following effective management practice all the time

What should supervisors do to stay union free?

Decline in core manufacturing and increase in the service sector

What structural changes in the economy is a reason for the decline of union memberships

-Agricultural laborers -Independent contractors -Supervisors -Managers

Who are the certain types of employees that cannot be included in bargaining units?

35.9%

In 2012, _____________ of government employees were union members

27%

In 2012, private sector unionized workers received __________ higher wages the nonunion counterparts

National Labor Relations Board

A five member board appointed by the president with 33 regional offices

Grievance procedure

A process developed to resolve labor management disputes over the interpretation and implementation of the contract

Closed shop

A union security provision under which a person must be a union member

Check-off provisions

An automatic deduction of union dues from an employee's paycheck

30%

An election may be held if at least __________ of employees in the bargaining unit sign authorization cards

Right-to-work laws

As a function of the Taft-Hartley amendment to the NLRA, states may decide to make union shops, maintenance of membership, and agency shops (or even dues paying) illegal

-Pay -Promotions

Besides pay and benefits, unions influence the way ________ and _____________ are determined

Corporate campaigns

Bring public, financial or political pressure on employers during the organizing and negotiating process

-Check-off provision -Closed shop -Union shop -Agency shop -Maintenance of membership -Right-to-work laws

Different types of unions security

Middle stage and tactics and negotiations

Each side makes decisions regarding priorities, theirs and the other parties

Craft unions

Electrical workers' and carpenters' unions are ________________, meaning that the members all have a particular skill or occupation

-Participants -Web of rules -Environmental context -Ideology

Four elements of John Dunlop's labor relations system

Labor unions

Give workers formal and independent voice through collective action in setting employment terms and conditions

Early stage and tactics of negotiation

Includes many individuals, as union proposals are presented

Arbitration as a alternative to strikes

Is a process through which a neutral party makes a final and binding decision. Traditionally, rights arbitration (the interpretation of contract terms) is widely accepted, while interest arbitration (deciding upon the outcome of contract negotiation) is used much less frequently.

Intraorganizational bargaining

Is the consensus-building and negotiations that go on between members of the same party. Conflicting objectives and different factions

-Can the company remain profitable over the long run if it agrees to the union's demands? -Can the company continue to operate in the short run despite a strike?

Management's willingness to take a strike comes down to what two questions

Industrial unions

Made up of members who are linked by their work in a particular industry (such as steelwork, or automotive)

Final stage and tactics of negotiation

Momentum may build toward settlement or pressure may build as impasse becomes more apparent. May involved interaction with negotiators or facilitators

Fact finder as a alternative to strikes

Most commonly used in the public sector, investigates and reports reasons for the dispute and both sides' positions.

-Employed as supervisors -Employed by a parent or spouse -Employed as an independant contractor -Employed in the domestic service of any person or family in a home -Employed as agricultural laborers -Employed by an employer subject to the Railway Labor Act -Employed by federal, state, or local government -Employed by any other person who is not an employer as defined by NLRA

National Labor Relations Act, NLRA specifically excludes coverage of individuals who are:

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

Not a labor union but rather an association that seeks to advance the shared interest of its member unions at the national level (54 affiliated national and international unions)

Distributive bargaining

Occurs when the parties are attempting to decide a fixed economic pie into two parts, what one party gains, the other loses

Mediation as a alternative to strikes

Provided by the Federal Mediation and Conciliation Service. While a mediator has no formal authority to force a solution, he or she acts as a facilitator for the parties, trying to help find a way to resolve an impasse

National Labor Relations Act (NLRA, 1935) or Wagner Act

Provides a legal framework conductive to collective bargaining

-Employee benefit plans -Wages -Plant operations -Job or income security -Paid and unpaid leave -Special groups -Establish and administer agreement -Functions, rights and responsibilities

Provisions of a collective bargaining contract include:

Union shop

Requires a person to join the union within a certain length of time after beginning employment

Maintenance of membership

Requires only that those who join the union remain member through the life of the current contract

Local unions

Responsible for contract negotiations and day-to-day contract administration, including grievance procedure

-Distributive bargaining -Integrative bargaining -Attitudinal bargaining -Intraorganizational bargaining

Richard Walton and Robert McKersie suggested that labor management negotiations could be broken into what four subprocesses?

-Did the employee know the rule and consequences of violating it? -Was the rule applied in a consistent and predictable way? -Were facts collected in a fair and systematic way? -Did the employee have the right to question facts and present a defense -Does the employee have the right of appeal? -Is there progressive discipline? -Are there mitigating circumstance?

Seven criteria arbitrators used to reach decisions

-Product demand -Product perishability -Technology -Availability of replacement workers -Multiple production sites and staggered contracts -Integrated facilities -Lack of substitutes for the product

Seven factors that impact the ability to take a strike

Agency shop

Similar to a union shop, but does not require union membership, only that an agency fee be paid

-Mass picketing in such numbers that non-striking employees are physically barred from entering the plant -Acts of force or violence on the picket line or in connection with a strike -Threats to employees of bodily injury or that they will loose their jobs unless they support the unions activity -Fining or expelling members Insisting during contract negotiations that the employer agree to accept working conditions that will be determined by a group to which it does not belong -Insisting on the inclusion or illegal provisions in a contract

Some examples of unfair labor practice by unions are:

Taft-Hartley Act of 1947

The __________________ outlawed unfair labor practices of unions

-Is there a gap between pay, benefits and other conditions of employment that employees actually receive versus what they believe they should receive? -If such gap exists, it is sufficiently large enough to motivate employees to remedy the situation

Two questions employees must ask and answer when deciding whether or not to join a union

Decertification

________________ election may be held if no other election has been held within the year or if no contract is in force