HR: Working with Unions and Resolving Disputes
3 Parts of Representation election
- Bargaining unit is formed - who will be represented by the union - Supervisors cannot vote - Majority of vote (>50%) is needed to unionize
2 types of Bargaining impasse
- Conciliation or mediation - Arbitration
5 types of strikes
- Economic strike - Unfair labor practices strike - Wildcat strike - Jurisdictional strike - Sympathy strike
3 Taft-Hartley Act of 1947 Functions
- Gave some power back to management - Gave the president authority to declare a strike a national emergency - Allowed states to pass right-to-work laws, which prohibit requiring employees to join unions as a condition of obtaining or continuing employment (Open/Closed Shop)
Three types of bargaining issues
- Mandatory - Permissive - Illegal
Collective Bargaining Process 5 Parts
- Preparation and initial demands - Continuing negotiations - Settlements and contract agreement - Bargaining impasse - Strikes and lockouts
Why do employees join unions and voluntarily pay union dues (fees paid for the union's services)?
- They are dissatisfied with certain aspects of their job - Feel they lack influence with management to make the necessary changes - See unionization as a solution to their problems - In other words, as working conditions, compensation, management style, and employee treatment deteriorate, unions become more desirable
The Unionization Process (5 parts)
- Union organizing campaign - Authorization cards - Representation election - Certification - Contract negotiation (collective bargaining)
Why do employers resist unions?
- Union workers receive higher wages than nonunion workers - Seniority rules - Scheduling rules - Who can and cannot touch the job - In other words, unions constrain what managers can and cannot do in a number of areas
Permissive Issues
- collective bargaining issues that are not mandatory and that relate to certain jobs - For example, benefits for retired employees; product prices for employees; performance incentives
Continuing negotiations
- federal law requires the both employers and union bargaining representatives negotiate in good faith - those who are at the table have the power and authority to make decisions on behalf of each party
Collective Bargaining Issues
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Strikes and lockouts
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Authorization cards
Card signed by employees to designate union as their collective bargaining agent **30% of employees must sign before election can be called
Certification (given by the NLRB)
Decertification is when this process occurs in order to oust a union
Illegal Issues
If one side wants to bring up an illegal issue, other side can refuse
Mandatory Issues Examples
Wages; benefits; nature of jobs; discharge of employees; grievances; work schedules; vacations; rest and lunch breaks; retirement and pension; safety rules; profit-sharing plans; required physical exam
Union
an formal association of workers that promotes employees' interests to management on such issues as wages, work hours, and working conditions through collective action
Mandatory Issues
collective bargaining issues identified specifically by labor laws or court decisions as subject to bargaining
Preparation and initial demands
each side gathers data to support arguments concerning wages, benefits, and working hours and conditions **Initial proposals are made by both sides
Wagner Act (National Labor Relations Act of 1935)
established the rights of workers to organize unhampered by management interference *Was incredibly pro union
Open Shop
firm in which workers are not required to join union
Closed shop
firm in which workers are required to join union
Taft-Hartley Act of 1947
forbade unions from engaging in a series of unfair labor practices, such as coercion, discrimination against nonmembers, refusing to bargain, excessive union dues, etc.
Arbitration
neutral third party makes a binding decision on the agreement
Wildcat strike
occurs without approval of union leadership and violate a no-strike agreement **Strikers can be discharged or disciplined
Union organizing campaign
often occurs when economy is bad
Settlement and contract agreement
once initial agreement is made, both sides go back to their parties and determine if it is acceptable
Sympathy strike
one union expresses support for another union involved in a dispute
Bargaining impasse
options when the two sides do not agree
Union organizing campaign: Salting
practice in which unions hire and pay people to apply for jobs at certain companies to begin organizing efforts **Supreme Court has ruled that this is legal
Settlement and contract agreement: Ratification
process by which union members vote to accept the terms of a negotiated labor agreement
Contract negotiation (collective bargaining)
process whereby representatives of management and workers negotiate over wages, hours, and other terms and conditions of employment
Landrum-Griffin Act (1959) was intended to
protect the democratic rights of union members
Landrum-Griffin Act (1959)
requires unions to establish bylaws, make financial reports, and provide union members with a bill of rights
Lockout
shutdown of company operations undertaken by management to prevent union members from working
Representation election
supervised by National Labor Relations Board (NLRB)
Conciliation or mediation
third party helps union and management reach a voluntary settlement
Unfair labor practices strike
union members leave their jobs over what they feel are illegal employer actions
Jurisdictional strike
when one union walks out to force an employer to give work to them instead of another encroaching union
Economic strike
when parties fail to reach an agreement during collective bargaining
Strike
work stoppage in which union members refuse to work in order to put pressure on an employer