LER QUIZ 5
Nonunion employees are more likely to say they would vote for a union when they also say that:
(1) Relations between employees and management are bad (2) They do not trust management (3) They believe management shows little concern for employees (4) They dislike their job (5) They are dissatisfied with their influence and the workplace (6) They believe management is unwilling to share power
Types of Union Workplaces
1.Closed shop = Employee must be a union member in order to be hired (prohibited under Taft Hartley) 2.Union shop = Employee must join union after he/she is hired (no longer enforceable) 3.Agency Shop = workers who don't join the union pay a fee for cost of bargaining and contract administration Agreed to via collective bargaining; part of contract with employer Not a full member—can't vote, attend meetings, etc.
Taft-Hartley Act (1947)
1.Enhanced rights of individuals -Can refrain from concerted activities (e.g. strike) -Decertification process 2. Explicit rights of employers -Freedom to express views on unionization -Supervisors excluded from the Act -Can file unfair labor practice charges against unions 3. Restrictions on union activities -Defines Unfair Labor Practices for unions -Prohibits unions from engaging in secondary boycotts -Outlaws the closed shop & allows states to decide types of union membership in workplaces using same standards as employers for first 3 Closed shop—required employers to only hire union members
Employer Arguments:
1.Improvements not dependent on unionization 2.Costs of union outweigh benefits 3.Union is outsider 4.If union wins, strikes follow
Principles of the National Labor Relations Act (NLRA)
1.Labor is more than a commodity 2.Labor and management are not economic or legal equals (imbalance of bargaining power) 3.Some conflict exists between interests of workers and employers in the employment relationship 4.Employee voice is important
What are the principles underlying the National Labor Relations Act (NLRA)?
1.Labor is more than a commodity 2.Labor and management are not economic or legal equals (imbalance of bargaining power) 3.Some conflict exists between interests of workers and employers in the employment relationship 4.Employee voice is important
Union Arguments:
1.Union will prevent unfairness 2.Union will improve wages & benefits 3.Employees will have a voice 4.You control your union
Protected under Section 7? 1.Trying to form a union to negotiate wages and working conditions 2.Going on strike and peacefully picketing for improved benefits 3.Destroying company property while striking for improved benefits 4.Discussing wages with coworkers 5.Individually meeting with your supervisor to request improved lighting for you and two coworkers 6.Circulating a flyer among coworkers to build support for a plan for employees to buy the company
1.Yes, the principle of the law 2.Yes, the right to strike is considered essential as a way to put pressure on employer, their only power 3.No, boundaries to what you can do 4.Yes, to know if you are underpaid 5.Yes, you are doing it on behalf of you and others 6.No, not about you being employees/employee relationship, unrelated
7.In a nonunion workplace, joining with several coworkers and refusing to work until the company provided a paid lunch break 8.Insisting that a coworker be present when you think you will be disciplined 9.Using the company email system to sent email messages to coworkers pointing out the disadvantages of your employer's new vacation plan. 10.From a home computer after work, posting comments on Facebook about a coworker's job performance and asking other coworkers to comment. 11.Distributing obscene or malicious cartoons to protest a supervisor's actions. 12.Refusing to work under conditions that you and others reasonably believe pose a high risk of death or certain injury.
7.Yes, it's a strike, you do not need a union, applies to any employees 8.No, neither union nor nonunion members can, union can request a union representative when it is likely tho 9.No, cannot use company email system for this kind of activity, need personal email 10.Yes, relative to working conditions of employment along as it isn't defamement 11.No, actions that are malicious, defamatory, or insubordinate lose protection 12.Yes, employees have the right to protect themselves from harm but need evidence why it's harmful and a couple
How is collective bargaining structured in the United States?
Bargaining structures can range from a single department at a plant to entire industries In the U.S., collective bargaining is highly decentralized There are between 180,000 and 194,000 separate bargaining agreements in the U.S. Single unit bargaining (one workplace, one employer) Company-wide bargaining (multiple bargaining units = one contract) National contracts vs. local ones: matters very much Example of Teamsters in MN on liquor sales
NLRB Bargaining Unit Issues:
Both sides want the unit defined to maximize their position Unions fare better in smaller, homogeneous skill groups The defined bargaining group may no longer have 30% interest Election scheduled after sufficient interest and unit definition are resolved Both the employer and the union may make their cases to the employees as to why they should vote for or against the union Neither employers or unions may engage in: -Coercion -Threats -Surveillance ---------------- Election typically scheduled within 8 weeks after a petition filed: intense campaigning on both sides.
Key Provisions of the NLRA (1935)
Centerpiece of private sector U.S. labor law Establishes process for union representation -When majority support established; -Exclusive representation of employees Establishes the National Labor Relations Board
What are the major provisions of the NLRA?
Centerpiece of private sector U.S. labor law Establishes process for union representation -When majority support established; -Exclusive representation of employees Establishes the National Labor Relations Board
What are the standards for an NLRB election?
Election conduct evaluated using laboratory conditions doctrine: -Employees should vote their preference -If campaigning causes employees to vote differently from preference, new election -Main violations are Unfair Labor Practices (ULPS) such as firing union supporters
48% interest in but only 7% in membership. This has led to a "representation gap" in the U.S.; Why does this gap occur?
Election delay Illegal employer activities Workers are unaware of their rights
The National Labor Relations Board
Five members appointed by President and confirmed by Senate Conducts representation elections Investigates and prosecutes unfair labor practices (ULPs) -violations of labor law by either side Adjudicates unfair labor practices --------- NLRB: independent federal agency Much debate over current role; paralyzed by politics during appointment process Cannot establish punitive fines or damages, just back pay for violations
Landrum-Griffin Act of 1959
Focused on internal union affairs; response to corruption & lack of democracy Created a Bill of Rights for union members --free speech, voting rights Requires unions to report financial practices to DOL Unions subject to far greater regulation and scrutiny than any private employer ------- Late 1950's emergence of stories of corrupt union leaders, links to mafia and violence [Congressional hearings established corruption of 5/200 unions] Report finances even though corporations do not; These two revisions majorly impact union power: secondary boycotts,
The Great Depression
Great Depression and shift away from laissez-faire or pro-management policies Changed economic and political context Caused widespread unemployment, poverty, homelessness, hunger Also changed composition in congress Injunctions were increasingly notorious, reformers tried for decades to prohibit use of injunctions Government had a role to play; not just a private system between employer and employee
Section 7: The most important part!
Guarantees employees the right to form unions, bargain collectively, and engage in other "concerted activities" for mutual aid and protection. Concerted activity = acting together with co-workers to address workplace issues
What happens if the two sides cannot agree? And what distinguishes a lockout from a strike?
IMPASSE RESOLUTION: Strikes -Employees withhold their labor to put economic pressure on the employer -The strike threat plays a key role in motivating parties to reach agreement -Workers lose wages and firms lose profits -Strikers set up picket lines to inform the public Strike is serious decision; workers don't get paid and usually lose employer paid benefits by the end of one month Some famous strikes have taken place even without legal right to do do: Sanitation Workers in 1968 IMPASS RESOLUTION: Lockouts -Employer withholds employment to put pressure on the union in bargaining -Timing is key factor for both sides -Similar rules to a strike, and similar consequences -Increased use in recent years, esp. in industries like manufacturing; arts, entertainment, and recreation; and utilities Work stoppages are powerful tools, and this shift toward the lockout represents management's co-optation of one of labor's strongest economic weapons—yet another example of how the workplace is increasingly being skewed in favor of employers. The timing of a work stoppage is of prime importance, as it can either put maximum pressure on the workers or the employers. For instance, strikes are often held during the employer's "busy season," when the employer will have the greatest incentives to keep the work stoppage short. Conversely, employers often lock out workers when they have the least demand for labor and believe they can force concessions from the union. Striking workers have made a collective choice to withhold their labor for a period of time in order to achieve their goals, but locked-out workers exist in a sort of limbo.
What were outcomes of the passage of the NLRA?
In the next decade, union membership nearly quadrupled Legal avenue for unions opened demand for worker representation Employers openly flaunted new law; legal challenge went to the Supreme Court 2/3rds of strikes in 1937 were for union recognition
Outcomes of the NLRA Passage
In the next decade, union membership nearly quadrupled Legal avenue for unions opened demand for worker representation Employers openly flaunted new law; legal challenge went to the Supreme Court 2/3rds of strikes in 1937 were for union recognition --------- Relationship between labor laws and development of organized labor; also relationship w/ economic and tech. change Idea had been to give unions new way to gain recognition (workers wouldn't need to strike); yet major labor strikes needed to make law a REALITY Flint Sit-down Strike 1937—original occupy movement!
2. Get employees to sign authorization card
Key part of organizing process Build support for union among coworkers When you petition the NLRB for an election, need to show "sufficient interest" to warrant election
Formation of the C.I.O.
Leader: John L. Lewis Congress of Industrial Organizations A federation of many unions Formed in 1935 to organize all workers in the growing mass industries (steel, auto, rubber, aviation) Organized everyone in the workplace, Including "unskilled"
Anti-union videos: Ongoing training
Leaked from major private employers (Walmart, Target, Amazon) Preventative measure even when no union drive ------ NOT during a union drive or the campaign process per se; Employer activity even when no active unionization drive PREVENTATIVE if there might be dissatisfaction in workplace; no ongoing campaign unless someone actively organizing
Challenges to using NLRB process
Major industries like retail and services: few employees per location, high turnover, hostile management Tech companies—many workers can't be included in traditional union (supervisors, vendors, contractors, etc.) Legal barriers and recent NLRB rulings
Employer Unfair Labor Practices (Section 8)
May not interfere with or coerce employees in the exercise of their section 7 rights May not dominate or interfere with labor organizations or contribute financial or other support to these organizations May not discriminate against individuals based on their views toward or activities in unions Must bargain in good faith with the union
Employer Tactics
One-on-one meetings with supervisors 77% -Interrogate workers about who they or other workers supported (63%) -Threaten workers (54%) Used outside consultant 75% -Threatened to close the facility 57% More than five captive audience meetings 53% -Threatened cuts in wages or benefits 47% -Assisted an anti-union committee 30% -Discharged workers for union support 34% -Gave wage increase18% ___________ American managers as compared to other industrialized countries exceptionally hostile Various studies show that employer antiunion tactics reduce likelihood that employees will vote for union and unions less likely to win
Right to Work (RTW): state laws that ban agency shop agreements
Only union members pay fee -27 states RTW: fewer members -Major political battle -Unions still required to represent all workers Intent was to weaken labor unions in the South and not allow unionization of black workers A "right to work" law is a state law that stops employers and employees from negotiating an agreement - also known as a union security clause Collective action problem of free-rider; RTW stats; current battlefield for labor rights; defensive for unions Recent RTW states: Michigan; Indiana; Wisconsin; West Virginia; Missouri passed the law but got enough signatures to put on ballot to residents and voted down in 2018
Civil Service Reform Act: Federal Employees
Parallels the NLRA Exclusive representation with majority support Certification elections Employer and union unfair labor practices Federal Labor Relations Authority to administer elections and ULPs Wages and benefits excluded ____________ Protects most federal sector workers Supervisors, the military, security agencies, the Post Office are excluded It is illegal for military personnel to unionize Postal employees covered under NLRA but are forbidden to strike
Workplace Decisions in Non-Union Workplace
Reserved To Management (unilateral)
Workplace Decisions In Union Workplace
Reserved To Management (unilateral) Bargained over (bilateral)
How did Taft-Hartley weaken organized labor?
Restrictions on secondary boycotts undercut ability to pressure Employer free speech allowed interference in decision to join union Major weakness in allowing states to decide membership rules Equated unionism with communism -------- Increased government regulation into labor relations; employer free speech very problematic - line between threat and opinion
State and Local Government Employees
Right to bargain and strike is on a state-by-state basis -Can't prevent govt. workers from unionizing -Workers don't necessarily have the legal right to engage in collective bargaining -Varies by job & state who can bargain 38 states now permit collective bargaining; 15 states permit collective bargaining & right to strike ------- violates freedom of assembly and speech not to unionize Not same rights to strike as private sector; However, some states provide limited rights to strike for public workers Teacher strikes in 2018---some were legal, some not depending on state you live in>>different rights! In PA: limited right to strike by non-uniformed public employees as long as the public is not endangered Other states ban strikes altogether
JANUS vs. AFSCME Council 31
Supreme Court ruling in 2018 Ends public unions' ability to collect fair share fees, yet those unions would still have to represent all workers Same idea as "Right to Work" in private sector
Public Sector Labor Law
The NLRA excludes government workers Federal sector: -Protections date back to 1962 -Codified in Civil Service Reform Act (1978) State laws: -Began in WI in 1959, other states in the 1960s -Major variation in state public sector law Major unionization of public workers in 1960s & 1970s
4. Define the bargaining unit
The NLRB decides what the bargaining unit shall be based on "community of interest" among the employees. ------ First step in determining the bargaining unit is to look at the range of employees to be included. •Is it a craft unit structure (workers in a single occupation) or an industrial unit structure (all blue-collar production/maintenance workers in a plant) •Can depend on HR policies, type of work •Some groups may span many occupations and diverse locations
What is the legal position of the U.S. as it relates to union representation and collective bargaining?
The policy is to encourage the practice of collective bargaining.
1934 Strikes
The textile workers' strike of 1934 was the largest strike in the labor history of the United States at the time, involving 400,000 textile workers from New England, the Mid-Atlantic states and the U.S. Southern states, lasting twenty-two days. Teamsters in Minneapolis Toledo
7. Certification
The union is designated as the: "exclusive representative" of the employees in the bargaining unit ----------- Unions typically win about 65% of elections Nearly half of private sector American workers want unions, but only 6.7 percent have them
Why might workers want unions?
They might be: (1) deeply dissatisfied with their current job and employment conditions; (2) believe that unionization can be helpful in improving those job conditions, and (3) be willing to overcome the generally negative stereotype of unions held by the population as a whole
Protected by Labor Law?
To be protected under federal labor law, an employee's action must be conducted in concert with co-workers, it must address an issue of relevance to their job, and it must be carried out using appropriate means. Many experts believe that some of the protests by N.F.L. players meet all three conditions, and that as a result, their teams cannot discipline or fire them for taking part. Federal labor law would most likely protect collective protests of the president's argument that players should be fired over political gestures
union campaigning
Union Tactics: Home visits using Excelsior list Solidarity days Unions rallies Leaflets and information Active committee inside workplace Small group meetings
Backlash Against Labor
Unions were not restricted in any way Pressure boiled over with Great Strike Wave of 1945-46 (more than any year in history) Many felt that the Act unfairly favored labor over management 1947: Republican controlled congress The Wagner Act specifies only employer unfair labor practices
Union Membership
public sector stays around 35-40% private sector from 18% to 7% overall unionship falls
Why is this case so important?
they will significantly weaken the nation's largest unions, among them the two teachers unions, as well as AFSCME and SEIU. These are also among the most significant organizations in Democrats' voter-mobilization programs and, more generally, in supporting progressive groups and causes. Even more fundamentally, the right plainly hopes such a ruling will also drive the final nail into the coffin of the American labor movement. So far—mixed results; unions upped their membership drives; also some lost fee payers—chance to engage about value of union
3. 30% show of interest
§30% of employees in the workplace must sign authorization cards or petitions before the NLRB will schedule an election. §If 50% sign cards, the union can request voluntary recognition by the employer _____ ("card check election" or majority sign up)
6. Secret ballot election
•"Do you wish to be represented for the purpose of collective bargaining by [union name]?" •Voting predictors: Job dissatisfaction; attitudes towards unions; social environment •Unions need to receive a majority of votes cast in a secret ballot election
What are the steps involved to organize a labor union?
•Dissatisfaction in the workplace •Collection of authorization cards •30 percent showing of interest •Determination of bargaining unit •Campaign •Secret ballot election •Certification
Employer Campaigning
•Employer Tactics: •Provide pro-company and anti-union information •Variety of methods: letters, email, meetings •Captive audience meetings: company time and required attendance •Asymmetry in the organizing process
Who was excluded from the NLRA?
•Government employees •Agricultural workers •Domestic workers •Workers employed by parents •Railroad workers ------- Similar to the Fair Labor Standards Act (employment law from Part I of the course)
Who is exluded/included in the National Labor Relations Act (NLRA)?
•Government employees •Agricultural workers •Domestic workers •Workers employed by parents •Railroad workers excluded Private sector workers included