Labor Relations & Collective Bargaining Ch. 4, 5 & 6

Industrial unions

"One shop, one union" Organizes all workers at one workplace, regardless of job Local unions typically affiliated with a national union National unions may negotiate a master agreement Local unions negotiate separate agreement covering local issues Members often join because of union shop agreement Administered by elected officials Officials typically are full-time employees at the workplace

Voluntary recognition

"card check" or strike Employer recognizes the union without an election May result from union pressure tactics Gissel doctrine - NLRB may issue a bargaining order in response to employer's unfair labor practices Traditional remedies deemed inadequate to eradicate effects of employer tactics Union authorization cards considered a more reliable indicator of employee sentiment about union representation

Construction industry units

1974 Health-Care Amendments NLRB approved 8 basic health care units Health care institution units, described on page 126

3 categories of bargaining subjects - Borg-Warner

3 categories of bargaining subjects - Borg-Warner Mandatory - A party may insist on its inclusion and the other party cannot refuse to discuss it Permissive - A party must withdraw itself from bargaining if the other party does not voluntarily agree to discuss it Illegal - Violates public policy or inconsistent with NLRA

Organizing Drive

A movement initiated by dissatisfied employees or a union organizer to submit a representation petition to the NLRB and win a representation election, thus providing union certification and collective bargaining

Distributive Bargaining

A negotiation method described as a "win-lose" situation, in which resources are viewed as fixed and limited, and each side wants to maximize its share Can best be explained by five key elements: Target point Resistance point Initial offer Settlement range Settlement point Three key starting values Desired outcome Bottom line Opening offer Negotiators make opening offers, with one of three types of anchors Facts Extreme offer Precedent

Change to Win

A new union federation of national unions dedicated to growing their membership through strategic organizational campaign and improving the living standards of workers

One employer, multiple locations

A petitioned-for single-facility unit is presumed to be an appropriate bargaining unit if unit has a separate identity

Why strikes occur

Accident model - strikes occur due to bargaining process errors Joint strike costs - strikes occur when joint costs to both parties are relatively low Rational tactics - two parties have different information

The Categorization Method

An integrative negotiation method that includes: Exchanging information Developing a common list of issues Agreeing on compatible issues Exchanging equal value issues Resolving remaining issues using distributive bargaining

BATNA: Best Alternative to Negotiation Agreement.

Best Alternative to Negotiation Agreement.

Integrative Bargaining

Both sides seek ways to integrate the interests of both sides into mutually agreeable options. The in this kind of bargaining negotiator generally strives to achieve two goals: To create as much value as possible for both sides To claim as much value as possible for their own interests.

Prohibited Conduct During an Election

Campaign propaganda and misrepresentation Threats and loss of benefits Promise or grant of benefit Interrogation and polling of employees Surveillance Poll Activity

Representation Elections Step 4

Certification of Election Results NLRB satisfied that results reflect the employees' "free choice" Certification - variety of benefits to union Exclusive representation rights For 1 year, employer obligated to bargain: 2005 study found 90% of newly certified unions successfully negotiated first contract within first year. However, in previous decades, union rates were as low as 60% For 1 year, no other union can challenge representation rights

Appropriate Bargaining Unit Criteria

Community of interest History of bargaining Employee wishes Employee unionization The unit and employer organizational structure Public interest Accretion Stipulated units Supervisors

Grievance

Complaint that must be subject to the contract

Craft units

Composed exclusively of workers having a recognized skill Distinct from others in the unit by virtue of the skilled, non-repetitive nature of its work. "One craft, one union" Members organized on the basis of craft or skill Stringent apprenticeship programs Business agents Full-time administrator Contract administration Hiring hall Stewards Eyes and ears of the business agent

Departmental units

Composed of the members of one department in a larger organization Separate units created after examining differences in skills, training, degree of common supervision, interchange with employees outside the department, and performance rating system

Permissive items

Concessions seldom made on permissive subjects Cannot bargain to impasse Examples of permissive items Performance or indemnity bonds Management's right to have an impact upon internal union affairs

Multilateral bargaining in public sector

Council form Executive-legislative form

Picketing rules

During an organizational campaign, the "target-employer" is the primary employer Under the act, a union can picket a primary employer but for only 30 days before being required to file a petition for an election with the NLRB Mass picketing, violence, or threats of violence are not allowed Nor is secondary picketing

Mackay doctrine

Economic strike - strikers not entitled to reinstatement if their jobs have been filled with permanent replacements. Job can be reclaimed if it is vacant or if permanent replacement leaves. This was the obiter dicta to the case that granted the relief sought by the National Labor Relations Board, which sought to have the workers reinstated by the employer.

Principled Negotiations

Emphasize positions versus interests Separate people from issues Focus on objective criteria Develop mutual gains options

Negotiation sessions

Ground rules established by parties Where, when, how often, and how long to meet Size of bargaining teams Each side designates a leader Exchange initial proposals Separate economic and non-economic issues Posturing - monologues wherein both parties present demands Tentative agreement Must be ratified by union membership in secret-ballot vote Contract - written form of negotiated agreement May encounter problems on agreeing to language that reflects agreement

Multi-employer units

Group of related employers and representatives of their workers

Remaining units

Groups that are separate from primary production and maintenance units

Advantages of Interest Based Bargaining Process

Improved communications Uncovers additional ideas and thus superior solutions to problems Uncovers new options Explain the critical "why" behind an interest or proposal

Union Avoidance Strategies by Management

In many workplaces, management's goal is simply to keep the union out The strategy is to convince the workers that unionization will do them more harm than good Management may attempt to ensure workers that their present pay and benefits are competitive and may show data to prove it

Representation Elections Step 2

Investigation NLRB regional director determines whether to conduct an election Checks appropriateness of bargaining unit Employer must provide list of eligible employees' names, addresses to petitioning union

The Closing Stage

Knowing that an agreement has been reached, the people involved become psychologically committed to the agreement

Mandatory items

Legal impasse occurs when parties cannot agree At impasse, employer can impose its final offer.

Facts, Opinion, Rules, Experience

Management FORE, Things managers can do to discourage unionization

Threaten, Interrogate, Promise, Spy

Management TIPS, things management may NOT do

Unfair Labor Practice Strike (ULP)

Management fires entire admin and it's a protective class of the union, the rest of the laborers could strike because they fired their guys, their reps in a way. If management tries to hire replacements, they will be fired when the strike ends

Impasse

Many reasons for a stalemate Interests of parties have not been reconciled One party has no intention of settling Union membership rejects proposed contract Options when impasse occurs: Third-party intervention Continue the old contract on day-to-day basis Lockout staged by employer Strike called by the union

Resolutions of impasse

Mediation - Brings parties together to keep them talking, meeting Third party, has no authority to end the dispute 2005 FMCS survey of union/mgmt. leaders: mediation in greater demand today due to polarization of sides Interest arbitration - third party (arbitrator or panel) makes final and binding decision on the details of the final collective bargaining agreement Fact Finding

Salting

Members are encouraged by their union to seek employment at a nonunion company Once hired, they promote unionization The union may supplement their regular pay to provide equity with a "union" wage

Public Sector Unions

Most have roots in professional organizations that developed prior to widespread public sector collective bargaining Examples: National Education Association (NEA) International Association of Fire Fighters (IAFF), American Federation of Government Employees (AFGE) American Federation of State, County and Municipal Employees (AFSCME)

Predicting a strike

Multiple causes of strikes make them difficult to predict State of the economy and political forces Failure of the parties to correctly estimate other party's level of interest in critical factors Cost of strike Benefits stemming from a strike

Federation of unions: AFL-CIO (1955)

Not a union itself Composed of national and international unions Assists in mediation and resolution of disputes between affiliated unions

Independent unions

Not designed along either the craft or the industrial unit model, preferring to open their membership to employees of a specific professional occupation

Residual units

Odd collections of workers with common work situations or proximity of work sites

Local Union Level

Organizational component of national unions Handle day-to-day operations of collective bargaining agreement Local officers Officers of local unions are usually elected positions for fixed terms The positions often include president, vice-president, secretary/treasurer, sergeant-at-arms, business manager (or agent), and steward

Exclusive representation

Part of Representation Elections in the Public Sector: Both a practice and a principle of law Gives real power to the union's bargaining positions Simplifies the bargaining process Facilitates consistent administration of the labor contract

Countersalting Steps

Prescreen as many applicants as possible to ensure you are hiring the most qualified person for any opening you have available Use "consensus" interviewing An application should say, "List entire employment history, starting with present employer Ensure that applications show entire work history with no gaps in employment Check references thoroughly

Terms of employment

Price of labor (wages & benefits) Work rules Hours of work Job classification Effort required Enforcement & administrative procedures Management and union rights

Nature of public employment

Public employees provide essential services Lack of controls on public service and absence of marketplace control on their costs Difficult to assess productivity of a professional work force Elected officials represent public employers Sovereignty Doctrine limits issues addressed by bargaining

Resolving impasse in public sector

Public sector employer generally may implement its "last best offer" Mediation - provided in almost all states with public sector collective bargaining Fact finding and advisory arbitration More effective because of political pressures Interest arbitration Arbitrator or panel makes a binding decision on negotiation disputes

Representation Elections in the Public Sector

Public-sector employers may not be able to prohibit nonemployee union agents' access to the workplace because the workplace is a public area Rules governing public employer preelection activities during an organizational campaign generally mirror private-sector restrictions

Intermediate organizational unions

Regional or district officers, trade councils, conference boards Joint councils often bring various crafts together

Negotiating Norms

Relational norms Fairness norms Reciprocity Good faith bargaining

National (International) unions

Relationship with subordinate local unions determined by each union's constitution, bylaws, and charter Officers elected to act in concert with policies established by the convention Provide services to the local unions Important political and representative role on behalf of local unions

Representation Elections Step 1

Representation Petition RC petition - Filed on behalf of an employee(s) or union to determine support for representation in collective bargaining (certification) RM petition - Filed by employer to determine support for representation in collective bargaining RD petition - Filed by employer, employee, or union to determine whether a recognized union still has employee support (decertification)

Representation Elections Step 3

Secret Ballot Election NLRB ensures that representation election is fair and honest, gives employees "free choice" Election may be invalidated due to actions of the employer, employees, or third parties Runoff election - may be used if more than one union is seeking representation rights if none of the choices receives a majority of the votes

Union Organizing Strategies

Step 1 - Build an organizing committee Step 2 - Determine the issues Step 3 - Choose a union recognition strategy Card-check recognition Strike for recognition Call for an NLRB-sponsored election Step 4 - Union recognition status

Interest Based Bargaining Process

Step 1: Identify the issues Step 2: Identify each party's interest on the issues Step 3: Develop options Step 4: Evaluate Options on 3 criteria: Feasible, Beneficial, Acceptable Step 5: Reach consensus on solutions

Rolling Strike

Targets one location of an employer at a time for a union walkout. Location can change daily.

Appropriate unit

The basic underlying principle for the NLRB's determination of an appropriate unit is that only employees having a substantial mutuality of interest in wages, hours, and working conditions can be appropriately grouped in that unit

Appropriate bargaining unit

The group of employees determined by the NLRB to be an appropriate unit for collective bargaining purposes. Then the employees have the right to select their bargaining representative, usually a labor union

Bargaining unit

The particular group of employees represented by the union in collective bargaining.

Decertification Elections

The process of removing a union as the certified representative of employees within a bargaining unit A secret-ballot election is conducted by the NLRB to determine a majority opinion. Factors present in situations in which unions are decertified: Employer recently treated employees better Employer waged an aggressive antiunion campaign Employer moves to traditionally nonunion geographic area. The union is perceived by a majority of its members as being unresponsive Female, minority, and younger workers lose confidence in the union because of its declining public image and aging leaders.

Disadvantages of Interest Based Bargaining Process

Time consuming Negotiators may have difficulty transferring a proposed creative option into a practical, concrete solution The standards suggested by IBB negotiators are often not precise, and are subjective, thus not easily agreed to by both parties

Bad faith bargaining

ULP strike, if management tries to hire replacements, they will be fired when the strike ends. Can lockout workers and hire replacements.

People who bargain

Union representatives National agreements - large negotiating teams Local agreements - comprised of ex-officio members, a chief steward or grievance committee member Final settlement usually must be approved by membership ______________________________________________________ Management representatives Top management, including policy makers, labor relations staff, and some line executives

Sources of bargaining items

Unions introduce new items to be discussed Union surveys membership to identify issues Analysis of issues brought as grievances Recent contracts negotiated in same industry

Illegal Strikes

Unlawful means of conducting a strike include: Sit-down strike - takeover of employer's property Wildcat strike - does not have approval of the union Partial strike - various job actions that violate employer's property rights Sickout - organized effort to have workers call in sick. Unlawful goals that make strike illegal: Jurisdictional strike - dispute between unions over entitlements to work Featherbedding strike - pressure employer to make work for union members Recognitional strike - attempt to gain recognition for another union if a certified union already represents workers

Illegal items

Violations of public policy Items inconsistent with the NLRA

Permanent striker replacement

Worker retains protection of the NLRA under both economic and unfair labor practice strikes

Wildcat strike

a strike action undertaken by unionized workers without union leadership's authorization, support, or approval; this is sometimes termed an unofficial industrial action.

Economic strike

called to affect the economic settlement of a contract under negotiation

Defensive lockout

justified if a threatened strike caused unusual economic loss or operational difficulties

OWI

operating while intoxicated

"The crunch"

point of no return when both sides realize that some deadline will cause no decision to become the final decision

Primary strike

strike between an employer and employees

Economic strike

to try to improve econ terms and conditions: salaries, wages, fringe benefits. Employer can hire permanent replacements.

Offensive lockout

used to end labor dispute on terms favorable to employer