PHR Unit 5 Employee and Labor Relations

The National Labor Relations Acts established rules regarding the formation of bargaining units:

(1) Professional employees must consent to be included in a unit that includes non-professional employees; (2) craft workers are entitled to their own unit even if they were formerly members of a different unit; and (3) guards must be in their own unit.

Factors considered by the NLRB in determining bargaining units:

(1) similarity of skills, wages and working conditions, (2) geographical proximity of the employees, (3) degree of function integration among the employees; and (4) common day to day supervision and contact.

The Taft-Hartley Act amendments pertain to four basic issues:

(a) unfair labor practices by unions, (b) the rights of employees as individuals, (c) the rights of employers, (d) national emergency strikes. Unions are not allowed to restrain or coerce employees in the exercise of their collective bargaining rights. Unions are not allowed to force an employer to discriminate in any way against an employee in order to encourage or discourage union membership. Unions are required to bargain in good faith with employers regarding wages, hours, and conditions of employment. Accordingly, unions must make the same good faith efforts as employers to meet and make counter proposals in a sincere effort to reach agreement. Unions are not allowed to conduct certain types of strikes or boycotts. (Secondary boycotts against another company—which hurts sales or distribution of another company's products-- are illegal.) Unions are not allowed to charge excessive initiation fees or membership dues when all employees are required to join a union shop. Unions are not allowed to engage in featherbedding, which means forcing employers to pay for work or services that are not needed or not performed.

During the 1800's what were the four major tactics used against unions?

1. Conspiracy doctrine 2. Court injunctions 3. Yellow-dog contracts 4. Antitrust statues

Federal Anti Injunction (Norris Laguardia) Act (1932)- Provisions

- Courts re not allowed to decide the legality of a strike -courts are not allowed to restrict unions from giving aid to members engaged in a strike -courts are not allowed to restrict picketing -unions are allowed to encourage non striking members to join the conflict -courts are not allowed to restrict unions from assembling peacefully -Courts are not allowed to enforce yellow dog contracts.

What are three aspects of the Landrum Griffin Act?

1. Bill of rights for members in nominating candidates, voting in elections, attending union meetings 2. A union's constitution, bylaws and finances are open to the public 3. If an international union takes over a local it must provide justification for its' actions and detailed reports 4. Local unions must hold elections every three years 5. Union officers are required to manage and invest funds in strict accordance with the constitution and bylaws of the union

List four major sections of a labor agreement.

1. Compensation and benefits 2. Working conditions 3. Job security 4. Discipline procedures and individual rights 5. Union security 6. Contract duration 7. Management prerogatives

What are three primary aspects of the Wagner Act?

1. Employees have the right to organize and bargain collectively 2. Unfair labor practices (company) were identified 3. National Labor Relations Board was established

List four examples of a company unfair labor practices?

1. Interference, restraint or coercion 2. Threats of reprisal 3. Promise of benefits 4. Solicitation of grievances 5. Restricting employee activity 6. Surveillance and interrogation of employees 7. Inciting anti-union activity 8. Discrimination for exercising rights 9. Discipline/discharge for union activity 10. No-solicitation rules

What are the three major levels of the union structure?

1. Local unions 2. National or International unions 3. AFL-CIO: Change to Win: Federation of Unions

Past agreements between an employer and a union that permitted union members to refuse to handle goods made by nonunion labor or a struck plant.

1. Prepare a strike memo 2. Provide security training 3. Train on ways to avoid provocation and laws that apply to conduct during a strike 4. Establish a communication command post 5. Locate an off-site warehouse to store supplies 6. Notify the job service office of possible openings 7. Pay all monies due to striking employees the first day of the strike 8. Post "no trespassing" signs 9. Gather evidence needed in legal proceedings

What are three primary aspects of the Taft Hartley Act?

1. Unions cannot restrain or coerce employees in exercising their rights 2. Picket line violence and threats are illegal 3. Threats of reprisal for testifying before the NLRB are illegal 4. Unions can't cause an employer to discriminate an employee in order to encourage or discourage membership 5. Unions are required to bargain in good faith 6. Unions are not allowed to conduct certain strikes or boycotts (i.e. secondary boycotts illegal) 7. Unions are not allowed to charge excessive initiation fees or union dues 8. Featherbedding is not allowed

List three mandatory items which must be bargained.

1. Wages/salaries 2. Hours of work 3. Subcontracting 4. Stock purchase plans 5. Profit-sharing plans 6. Plant rules 7. Seniority 8. Pension and welfare plans 9. Bonuses 10. Workloads/production standards

What three acts comprise the National Labor Code?

1. Wagner Act of 1935 (National Labor Relations Act) 2. Taft-Hartley Act of 1947 (Labor Management Relations Act) 3. Landrum Griffin Act of 1959 (Labor Management Reporting and Disclosure Act)

Although there are no fixed guidelines for what should appear in an employee handbook, most handbooks include the following topics:

1. Welcome to the company: The introductory section of most handbooks contains a greeting from top management or a welcome to the company from the human resource department. This greeting usually describes the mission and history of the company and helps employees feel part of something important and larger than themselves. Important company values, such as serving customers and producing quality products, are usually explained in this section. 2. Employee expectations: An important part of the handbook explains how employees are expected to behave. This section describes the rules and policies regarding employment in the company, such as policies about attendance, appearance, discipline, and drug and alcohol abuse. Any rules or procedures that are specific to a particular company should be included in this section. 3. Complaint procedures: Employees should know what procedures are available for resolving their complaints. Having an established complaint procedure is especially important for employees who are the victims of sexual, age, religious, or other types of harassment. The complaint procedure should be carefully described and employees should be encouraged to use it when they feel they have been mistreated. 4. Compensation and benefits: This section of the handbook describes what employees can expect from the organization. This section typically explains pay periods, vacations, holidays, health benefits, payroll deductions, savings plans, pensions, rest pauses, overtime pay, and time keeping. 5. Special responsibilities: Safety is an important issue in every company, and most companies have other special responsibilities that employees are required to perform. This section needs to describe special safety precautions, safety training, first aid treatment, accident reporting, drug testing, safety equipment, and other special procedures regarding health, safety, and security.

When an employee requests the presence of a union representative, management has three options:

1. it can stop questioning until the representative arrives, 2.terminate the interview, 3.or ask the employee to voluntarily relinquish his or her rights to a union representative. The company has a responsibility to inform the union representative of the subject of the interview, and the union representative has the right to counsel the employee in private and advise the employee what to say. At the end of the interview, the union representative can add information to clarify the employee's case.

What percent of employees must sign authorization cards in order for the NLRB to consider their request?

30%

What can be done to make arbitration less costly and time consuming?

A large part of the growing cost of arbitration is the increased formality of the hearings in adhering to legal procedures. The trend in arbitration is toward using lawyers, having more formal grievance hearings, examining more testimony, and using more technical language in labor agreements. To make arbitration less costly and time consuming, companies could establish a panel of arbitrators from whom an arbitrator may be randomly selected to hear a complaint within ten days of an appeal, similar to the procedure adopted by the steel industry. In that industry, cases are presented by the local plant and union representatives through written transcripts or briefs and an award is made within forty-eight hours of the hearing. These speedier hearings significantly reduce the costs and dramatically decrease the time required to process a complaint.

What is a progressive discipline procedure? Why is such a procedure called progressive?

A progressive discipline procedure consists of a series of disciplinary steps that increase in severity from a verbal warning to a verbal reprimand to a written reprimand to suspension to discharge. Such a system is called progressive because each successive step is progressively severe. The most severe punishment is termination or discharge; however, employees are not terminated unless they fail to respond to earlier disciplinary actions that have attempted to correct the problem.

Strike

A strike is when a group of employees refuses to work, thereby exerting economic pressure against the company. An Economic strike is caused by disagreement over the terms and conditions of employment, such as wages, benefits, or work schedules. An unfair labor practice strike is caused by a condition of employment that violates one of the labor laws or an NLRB ruling.

Administrative Justice

A system of administrative justice has evolved over time that is generally accepted in most organizations and formally adopted by collective agreement in many union contracts. The two basic concepts supporting administrative justice are due process and just cause. Due Process: disciplinary actions must follow an accepted procedure that protects an employee from arbitrary, capricious, and unfair treatment. Just Cause: disciplinary action should only be taken for good and sufficient reason.

Progressive Discipline​

A system of discipline where the disciplinary actions become increasingly severe.​ 1. Verbal warning: The first step in the disciplinary process is a simple comment by a supervisor to warn employees that certain acts are not acceptable. The purpose of the warning is to ensure that employees know what is expected of them and that what they are doing is wrong. 2. Verbal reprimand: The second step is a verbal reprimand in which the supervisor informs the employee that the situation is not acceptable and that improvement is required. The reprimand should be given in private and should not be an emotional harangue. The supervisor should make certain that the employee understands the problem and knows how to correct it. The supervisor should make a written note of the conversation in case further discipline becomes necessary. 3. Written reprimand: The third step in the discipline process is a written reprimand, which is a written description of the problem and the disciplinary actions accompanying it. This step is more formal than the first two steps, and the way it should be handled is carefully detailed in some labor agreements. The supervisor discusses the problem with the employee once more, reviewing the previous discussions and outlining the history of the problem. This time, however, the supervisor prepares a written record that summarizes what has been said and decided. A course of action should be established for the employee to correct the problem, and the written reprimand should set a target date for the completion of that action. The supervisor should sign the reprimand and ask the employee to sign it as an indication that the employee has read and understood it. The employee should be warned about the consequences if he or she does not change. 4. Suspension: If an employee fails to respond to the written reprimand and persists in wrongdoing, the next step is a suspension. A suspended employee is not allowed to work for a period of time and his or her compensation may be reduced accordingly. The purpose of the suspension is to demonstrate the seriousness of the offense and to reinforce the idea that appropriate behavior is a prerequisite for maintaining a job. The length of the suspension should be considered in light of the seriousness and type of offense. Careful records describing the reasons for suspension need to be maintained in the event that the disciplinary action results in a grievance or goes to civil court as a discrimination charge. 5. Discharge: Employees who persist in wrongdoing and who fail to respond to previous disciplinary actions should be terminated. Discharge represents the final step in the disciplinary process. The final discharge should not be issued until all facts have been gathered and carefully considered and emotions are under control.

Employee Discipline Systems

A systematic process for handling problem employees.​ The goal is to help employees perform better.​ The reality is that sometimes employees don't improve and need to be terminated.​ A good employee discipline system provides a procedure for this process.​ When followed correctly, it can lessen the likelihood of grievances and lawsuits. ​ A discipline procedure may consist of several different consequences, including training, correction, evaluation, punishment, and ultimate termination.

Defamation

Defamation refers to making slanderous or libelous statements about a person that harm the person's reputation or professional credibility. To prove a case of defamation, a person must show evidence that: A false or malicious statement was made to another person either verbally or in writing. The person was harmed by the statement. There was no legitimate business reason for the statement to be made.

Processing Unfair Labor Practices: Judicial Review of NLRB Orders

After the NLRB issues a decision, a dissatisfied party may appeal to the federal court of appeals and then to the Supreme Court to review the case. This process may take several years. In a typical year, about 50 percent of the NLRB's rulings are appealed, and approximately 85 percent of these rulings are upheld.

Some of the issues most frequently referred to arbitration include the following:

Although many grievances originate from discourteous or unfair treatment, most of the grievances that reach arbitration involve disputes about the specific application or interpretation of a labor agreement. Some of the issues most frequently referred to arbitration include the following: • Discharge and disciplinary actions • Seniority and its application • Leaves of absence • Promotions and transfers • Vacations and vacation pay • Holidays and holiday pay • Health and welfare benefits • Management rights • Union rights • Strikes and lockouts • Union security • Wages and hours

What is the ally doctrine?

An exception to the secondary boycott rule. Occurs when a struck employer effectively uses the employees of a neutral employer as strike breakers. As a result, the neutral employer become an Ally and is thus subject to picketing.

Processing Unfair Labor Practices: Filing a Charge with the NLRB

An unfair labor practice is any action by either the union or management that is prohibited by law or NLRB ruling. Cases begin in the regional offices as a charge or petition that has been filed by an individual or organization. Unfair labor practice charges can be submitted in person or by mail, and they must be filed within six months after the alleged practice was committed.

What is the meaning of an unfair labor practice?

Any action by the union or employer that is prohibited by law or an NLRB ruling and could result in a charge being filed with the NLRB.

National Labor Relations Board

As noted earlier, The National Labor Relations Board (NLRB) was established by Congress through the Wagner Act. The purpose of the NLRB is to protect the rights of employees, employers, unions, and the general public. To protect these rights, the NLRB performs two major functions: conducting representation elections and resolving unfair labor practices. The process followed by the NLRB in investigating an unfair labor practice charge is similar to what we discussed in the employment law section regarding the EEOC and OFCCP—a field office investigates and determines if the charge has merit. If so, settlement is offered. If settlement is not accepted, the case goes before an administrative law judge and then to the federal board. All decisions are subject to review by the U.S. Court of Appeals.

Employment-At-Will Doctrine

At-will employment in essence allows both the employer and the employee the mutual right to terminate the employment relationship at any time for any reason and with or without advance notice to the other. In recent years the voluntary relationship between employers and employees has been challenged by state law and case law within the various states. These exceptions to the "at-will" doctrine have attempted to provide greater protection for workers against the loss of a job. Three judicial exceptions have been created by state courts: public policy exceptions, implied contracts, and retaliatory discharges.

Processing Unfair Labor Practices: Complaints and Hearings

Before a case goes before the full board, a formal hearing is held. An administrative law judge conducts the hearing and issues a decision. Any party that disagrees with the judge's decision may appeal to the Five-Member Board of the NLRB.

Constructive Discharge

Causing an employee to quit by creating unpleasant working conditions (dehiring) violates the law when it is used to discriminate on the basis of disability, age, race, religion, sex, and other protected classifications. Employees who quit can be reinstated and receive back pay on the legal theory of constructive discharge. When working conditions become so unpleasant that a reasonable person would find them intolerable, the courts have "constructed" from the facts of the case that the person was actually terminated, even though the company claims the employee quit, and even though the employee may have submitted a letter of resignation. The Supreme Court clarified the conditions that qualify as a constructive discharge as well as the requirements for an employer to establish an affirmative defense in the case of Pennsylvania State Police v. Nancy Drew Suders.

Retaliatory Discharge

Courts have ruled that employers were guilty of terminating employees in retaliation for actions that were legal, but contrary to the interests of the employer, such as filing a workers' compensation claim. Employers have been sued by employees and subjected to tort liability because they dismissed employees for reasons that violated public policy. These improper dismissals have been labeled "wrongful discharges," "abusive discharges," or "retaliatory discharges."

Labor Management Reporting and Disclosure Act of 1959 - Landrum Griffin Act

Designed to correct injustices by unions due to widespread misuse of union funds. Acts of violence against union members, organizational picketing to extort money from employers, infiltration of criminals into union leadership positions, and loss of power against rank and file union members. Act is designed to control these alleged wrong doings. Five major areas: 1. Bill of Rights for union members 2. Reports to the Secretary of Labor 3. Union Trusteeship 4. Conduct of Union Elections 5. Financial Safeguards

Federal Anti Injunction (Norris Laguardia) Act (1932)

Designed to encourage the formation of unions. Primary focus was to limit the use of court injunctions. While Norris-LaGuardia addressed court interference in labor disputes, other parties, such as employers, still interfered in union activities. Thus, workers continued to lack the protection they needed to effectively engage in collective bargaining activities.

Good Faith Requirements

Duty to Provide Relevant Information: an employer has a duty to provide information the union requests that is relevant to negotiating a collective bargaining agreement. This information might include: • Labor costs, including wages, benefits, and pensions for union members. • Information pertaining to wage increases granted to non-bargaining unit employees. • Information about chemical substances in the work environment and medical problems of employees. Limitations on Duty to Disclose: An employer does not have an unlimited duty to provide all information requested by a union. Some kinds of information an employer is not required to provide include: • Information that would violate the privacy of an employee. • Information that would disclose an employer's trade secrets or confidential financial reports. • Information that would be prohibitively costly or burdensome to provide. • Information the union requests in bad faith, such as information that is not needed for collective bargaining purposes or that will be used in a negative publicity campaign. Unlawful Circumvention: An employer cannot bargain directly with employees on mandatory bargaining issues. Notice Requirements: If either the employer or the union want to terminate or alter the conditions of an existing collective bargaining agreement, the initiating party is required to provide 60 days advance notice before the expiration of the agreement or the modification is to occur. The initiating party must also notify the state mediating services and the Federal Mediation and Conciliation Service within 30 days of notifying the other party. First is the Duty to Provide Relevant Information, an employer has a duty to provide information the union requests that is relevant to negotiating a collective bargaining agreement. This information might include: • Labor costs, including wages, benefits, and pensions for union members. • Information pertaining to wage increases granted to non-bargaining unit employees. • Information about chemical substances in the work environment and medical problems of employees. An employer does not have an unlimited duty to provide all information requested by a union. Some kinds of information an employer is not required to provide include: • Information that would violate the privacy of an employee. • Information that would disclose an employer's trade secrets or confidential financial reports. • Information that would be prohibitively costly or burdensome to provide. • Information the union requests in bad faith, such as information that is not needed for collective bargaining purposes or that will be used in a negative publicity campaign. EXAM QUESTION: EMPLOYERS HAVE A DUTY TO PROVIDE ALL RELEVANT INFORMATION EXCEPT....(FILL IN ONE FROM THE UNLIMITED LIST) Unlawful Circumvention: An employer cannot bargain directly with employees on mandatory bargaining issues. Notice Requirements: If either the employer or the union want to terminate or alter the conditions of an existing collective bargaining agreement, the initiating party is required to provide 60 days advance notice before the expiration of the agreement or the modification is to occur. The initiating party must also notify the state mediating services and the Federal Mediation and Conciliation Service within 30 days of notifying the other party. In the case of bankruptcy, acquisitions or mergers, the successor employer must recognize an existing union but may renegotiate the existing labor agreement. Generally, neither the employer nor the union may unilaterally change a mandatory issue in the agreement without consulting or bargaining with the other party. However, exceptions may apply based on economic or business conditions (moving work from one location to another may be acceptable).

The biggest problem with employee handbooks is

Employees may not read them Some suggestions for making handbooks readable include: Use simple language that can be understood by all employees. Keep sentences short, normally less than 20 words. Keep discussion of each issue to less than one page. Use wide margins on all sides. Use graphics whenever it contributes to the explanation. Keep the handbook short, normally less than 30 pages.

Implied Contract

Employers are prevented from firing employees if they have an implied contract for employment. An implied contract consists of an oral or written promise by an employer to continue the employment relationship either indefinitely or for a designated time. An example of an implied contract is a statement in an employee handbook that the policy of the company is that non-probationary employees will not be released except for just cause. Employee handbooks can also create an implied agreement by referring to employees as "permanent" employees or to jobs as "steady jobs."

What are the NLRB's established procedures that must be followed to organize a union?

Filing and review of petition Commerce requirement Selecting a bargaining unit Bars to election Certified and voluntary recognition Polling of employees De-certification De-authorization and unit clarification petitions

Trade Secrets

Employers have an interest in protecting trade secrets because of the research and development time they have invested in creating them. Trade secrets include construction designs, product discoveries, concepts, techniques, manufacturing processes, recipes, and statistical formulas. For information to qualify as a trade secret and be protected by the courts, it must generally satisfy the following criteria: 1. It must be neither generally known in the trade nor readily ascertainable. 2. It must have been developed at the employer's expense. 3. It must provide the employer with a competitive advantage. 4. The employer must generally strive to keep it confidential. If the information satisfies these criteria, it will generally be protected by the courts even in the absence of a formal agreement.

Noncompete Agreements

Employers who are concerned about employees using company resources or information to compete against them will require employees to sign a restrictive covenant, called a non-compete agreement, to protect their business interests. Generally, such agreements restrict employees from competing with the employer following termination of employment. However, they may also be used to eliminate direct competition by employees while they are employed (such as a computer programmer who provides services for the employer's clients in the evening as a consultant). In consulting agreements, restrictive covenants prohibit competition during and after the term of the agreement. Restrictive covenants are especially popular in agreements with key employees in sensitive management, professional, technical, and sales positions. Restrictive covenants typically apply to trade secrets, customer lists, patents, and inventions.

What is the name of the rule that requires a company to provide the names and addresses of eligible voters within 7 days after the NLRB has approved a consent election?

Excelsior Rule

What is "featherbedding"?

Featherbedding is the practice of forcing employers to pay for work or services that are not needed or performed.

Why People Join Unions

For most workers, the decision to join a union rests on two primary issues: 1. Economic advantages: Wages, benefits, vacations, rest breaks, cost of living adjustments 2. The elimination of unfair conditions: Prohibits an employer from unfair termination, discrimination and arbitrary and capricious acts by the employer.

Unilateral Changes in Terms of Employment:

Generally, neither the employer nor the union may unilaterally change a mandatory issue in the agreement without consulting or bargaining with the other party. However, exceptions may apply based on economic or business conditions (moving work from one location to another may be acceptable).

Grievance Systems

Grievances are work-related complaints or formal disputes. ​ Grievance procedures protect employees from inconsistent and unfair treatment.​ All organizations (union and non-union) should have a procedure for handling grievances.​ Systems for managing grievances are more highly developed in unionized companies.​ Grievance procedures provide a systematic process for hearing and evaluating the complaints of employees and tend to be more highly developed in union companies than in nonunion companies because they are specified in the labor agreement. These procedures protect the rights of employees and eliminate the need for strikes or slowdowns every time a disagreement occurs about the labor contract. Disagreements are almost inevitable regardless of how well the agreement was written. Even well-written labor agreements leave some issues open to interpretation since the negotiators cannot anticipate all future conflicts. Formal grievance procedures increase upward communication in organizations and make top management decisions more sensitive to employee feelings. As grievances are expressed, top management becomes aware of the problems and frustrations of employees. Just knowing that there is a formal grievance system usually makes employees feel better because they know others have listened and have tried to understand.

The USSC (Allentown Mack case)- Union Decertification

Held that an employer may refuse to bargain with a union if it has a good faith reasonable doubt that a majority of employees continue to support it: Evidence of reasonable doubt is: (1) A substantial percentage of ees resign from the union; (2) the majority of ees abandon a strike while the union insists on continuing it; and (3) a significant # of ees say they no longer want the union to represent them. Despite this holding, the NLRB stated in the Levitz decision that board-conducted elections are the preferred way to resolve questions regarding employees' support for unions. (Levitz Furniture Co. of the Pacific)

Employee Handbook Warnings

If it's in writing, you must follow it. Avoid implied contracts. Don't describe employees as "permanent employees." Don't state than an employee will only be terminated for just cause. The longer it is, the less likely it is to be read.

Change to Win

In 2005, seven national unions formed a new coalition called Change to Win because of their dissatisfaction with the AFL-CIO. Their dissatisfaction stemmed largely from the AFL-CIO's extensive involvement in political campaigns and inadequate efforts to recruit new members. Since these were some of the largest members of the AFL-CIO, their disaffiliation significantly reduced the AFL-CIO's membership and budget by about one third. It is unclear whether Change to Win will act as a competing federation, challenging the dominance of the AFL-CIO and its affiliates, or merely as a loose confederation of unions that coordinate efforts for the purpose of organizing. The new coalition, which is consists of four unions, declared its intention to focus on recruiting new union members at the local, national, and international levels and especially on employees working for large international companies. Four unions: Teamsters, Service Employees International Union, United Farm Workers of America, and the United Food and Commercial Workers International Union

Employer Preparation for a Strike

In the Pre-Strike phase, if a company plans to close during a strike, it should notify vendors, clients, and others who will be affected. If it plans to continue operations, however, extensive preparations are needed. Some of these preparations include: • Preparing a strike memo for all supervisors and managers explaining their specific responsibilities. • Teaching supervisors and security personnel their duties in maintaining the security of the physical plant and equipment and the safety of people. • Training supervisors and managers how to avoid unnecessary provocation and which laws apply to their conduct during a strike. • Establishing a communication center and a command post, which could be simply a designated office with a telephone. • Locating a warehouse away from the plant to store in-transit supplies. Notifying vendors of its location and keeping it staffed. • Notifying the local unemployment office of the availability of job openings. • Paying all money owed to employees on the first day of the strike. • Posting "No Trespassing" signs at appropriate locations and securing the facility. • Gathering evidence that may be needed in legal proceedings, such as names of picketers and a complete description of all picketing activity. Secondly, if the company plans to continue its work, it needs to plan for continuity of business. For example, the company needs to consider how it will: Move Personnel in and out of the Facility: Strike-related violence often occurs when replacement workers are moving into or out of a facility. Procedures can be implemented to minimize the opportunity for violence: • Provide protection for replacement workers coming into and leaving the facility. • Arrange for shifts to start at different times so workers are inside the facility before picketers arrive. • Arrange for meals to be served inside the plant. • Arrange for workers to stay overnight in the plant when necessary. • Avoid contact with strikers. • Provide transportation for workers from a central location.

Duty to Successors: Buyouts, Mergers and Bankruptcy:

In the case of bankruptcy, acquisitions or mergers, the successor employer must recognize an existing union but may renegotiate the existing labor agreement. Successor employers are obligated to back pay awards of a previous employer for unfair labor practices unless the previous employer went bankrupt.

Discussion Question: Why do organizations need both grievance and discipline procedures? What is the purpose of each?

In the day-to-day activities that occur within a business organization, it should be expected that problems will occasionally arise. In a union organization, disagreements will probably occur because of differing interpretations of the labor agreement. Regardless of how carefully a labor agreement has been prepared, new situations are bound to occur in which management and the union have differing opinions. Rather than having these differences of opinion settled by a strike, a work slowdown, or continual labor unrest, it is better to have a grievance procedure in which the issues can be openly discussed and resolved. Problems are also likely to occur in nonunion companies when employees feel they have been treated unfairly or company policies have been violated. For both union and nonunion organizations, a well-defined grievance procedure provides an avenue for employees to express their complaints and resolve their problems in a peaceful manner. Grievance procedures are designed to protect individuals who feel they have been wronged or mistreated. On the other hand, a discipline procedure is designed to protect the organization. A good discipline procedure gives organizations a way to deal with problem employees. Problem employees who are willing to accept help and improve their performances should receive the proper kinds of encouragement and support. However, a good discipline system also provides a way for the company to terminate problem employees who refuse to be helped and do not respond to the company's disciplinary actions.

Most threatening activities to collective bargaining were: La Follete committee

Industrial espionage: Employers hired agents from their own organizations, or from professional detective agencies, to spy on union members. These spies tried to destroy the union from within by advocating violence and destruction, by discrediting union leaders, and by destroying the faith of other workers in the union. Attacks on Union Leaders: Many union leaders were also subjected to physical violence, including death or beatings, by hit men hired by employers to discourage union activity. Strike Breaking: Many employers employed strike-breaking tactics to destroy the union by making strikes ineffective. Some strikes were broken when employers refused to negotiate with the union and encouraged workers to return to work. Company Unions: A less violent method of controlling union activities was for a company to create and dominate its own union. These company unions sometimes attempted to resolve worker grievances, but they usually did not allow for genuine collective bargaining over wages and other important issues. A company union ultimately represented the interests of the company, not the employees.

National Labor Relations Act (Wagner Act 1935): Congress identified five unfair labor practices and declared them unlawful:

It is an unfair labor practice for an employer to "interfere with, restrain, or coerce employees in the exercise of their rights. (Cannot threaten ees with loss of job for participating in union activities.) It is an unfair labor practice for an employer to dominate or interfere with the formation or administration of a labor union. (Company unions were eliminated.) It is an unfair labor practice for employers to allow union membership or activity to influence hiring, firing, promotion, or other employment decisions. It is an unfair labor practice to discharge or discriminate against an employee who has filed a charge with the National Labor Relations Board (NLRB) or given testimony to the NLRB. It is an unfair labor practice for an employer to refuse to bargain in good faith with representatives of the employees.

What is the meaning of collective bargaining?

Management and union representatives coming together to negotiate and reach an agreement over wages, hours, and other terms and conditions of employment.

Discussion Question: What are the typical grievance procedures found in union and nonunion companies?

Most labor agreements call for a grievance appeal procedure in which the complaint is first discussed with the supervisor, generally with the aid of a union steward; if possible, the complaint is resolved at this first level. Problems that cannot be resolved at this initial step are referred to a second step, which usually involves a superintendent or operations manager representing the company and the chief plant steward or business agent representing the employee. This step usually exists only in large organizations. The next step generally involves the plant manager or director of industrial relations representing the employer and the plant grievance committee representing the employee. If the problem has still not been resolved, there may be a fourth step in extremely large organizations. This step involves the top corporate officers and members of the national or international union. The final step is binding arbitration by an outside arbitrator. Although a nonunion company could adopt a grievance appeal procedure similar to the ones found in union labor agreements, the use of such a procedure in a nonunion company is quite rare. Although a nonunion company may have a grievance appeal procedure, it is unlikely that an unresolved complaint would be referred to binding arbitration. In most instances, the decisions of the top corporate officers are final. Some alternative grievance procedures used in nonunion companies include a grievance committee, which hears a complaint, investigates the evidence, and makes a recommendation; an ombudsman, which also hears complaints, investigates the problems, and tries to resolve the difficulty; an open-door policy, which allows employees to refer problems directly to upper levels of management; and an investigative officer, which is similar to an ombudsman.

Employee Discipline Systems: Types of Punishment​

Natural consequences​ No one imposes the punishment; it occurs automatically as a result of the misbehavior.​ Logical consequences​ It is an imposed punishment that is related to the misbehavior.​ Contrived consequences​ It is an imposed punishment that is unrelated to the misbehavior. Punishment is intended to reduce undesirable behavior; however, some forms of punishment are more effective than others. The benefit of using punishment to improve the behavior of problem employees depends on the type of punishment, how it is used, and how often it occurs.

Rule Violations

No-smoking Policies​ Insubordination​ Abusive Language​ Horseplay ​ Gambling ​ Fighting​ The first category of disciplinary problems consists of violations of company rules. Some companies have general rules that are informally communicated to employees, while others have specific rules that prohibit such things as possession of weapons, use of alcohol or narcotics, abusive or threatening language, insubordination, sleeping on the job, carelessness, smoking in unauthorized places, fighting, gambling, abuse of sick leave, habitual tardiness, and horseplay. Nonunion employers are free to make and enforce whatever rules they want, providing the rules are consistent with other laws. Employers who bargain with a union, however, do not have as much liberty in making and enforcing company rules; they are required by law to bargain with the union in good faith regarding wages, hours, and other terms and conditions of employment, which includes work rules. Unless the agreement says otherwise, the company has the right to make new rules without consulting the union. However, union members who think that the rules are unfair or that they have been falsely accused of breaking a rule can seek redress through arbitration.

What is the meaning of "common situs picketing"?

Occurs when lawful picketing of a primary employer affects a secondary employer who occupies common premises.

What are four strategies for maintaining nonunion status?

Open and honest communication Problem solving processes Supervisor training Competitive wages, benefits and other terms and conditions of employment Walk-the-talk actions by managers and supervisors

What is the meaning of "hot cargo clauses"?

Past agreements between an employer and a union that permitted union members to refuse to handle goods made by nonunion labor or a struck plant. These are illegal as unions cannot force companies to cease doing business with non-union companies

Effective Grievance Procedures

Protection Against Retaliation: To have an effective grievance procedure employees must believe: 1. Their complaints can be presented without a lot of hassle, embarrassment, or paperwork. 2. Their complaints will be evaluated by a fair and impartial third party. 3. They will not be fired or mistreated for submitting their complaints and pressing them to a resolution. This protection against being fired or mistreated is necessary for the success of both union and nonunion grievance procedures. Timely Responses: Most grievance procedures specify time limits for each stage of grievance processing. An agreement may stipulate, for example, that a grievance must be filed within a certain number of days after an alleged violation takes place. The organization is required to respond within a certain number of days at each stage of the procedure. The purpose of such time limits is to force both the company and the union to address grievances immediately. If grievances are resolved promptly, friction and discontent are reduced. Fair consideration: To resolve a grievance, both management and union representatives must be willing to discuss the issue rationally and objectively. Both sides must desire to resolve the dispute and to seek a satisfactory solution.

What is the meaning of integrative bargaining?

Refers to a cooperative problem-solving approach to the negotiation process highlighted by open communication and a relationship of trust and respect.

Workforce Behavior Problems

Rule Violations​ Unsatisfactory Performance​ Illegal or Dishonest Acts​ Absenteeism and Turnover​ Drug and Alcohol Use​ Sexual Harassment​ Disciplinary problems can be caused by a number of reasons that are not equally serious. Understanding the causes of problems is essential because the causes suggest significantly different implications for managerial action. A careful diagnosis of the nature and cause of each wrongdoing should precede any disciplinary action.

Grievance Procedure:

Step 1. The first step in most labor agreements calls for the complaint to be submitted to the supervisor. Some agreements require a complaint to be submitted in writing on a prepared form. Other agreements allow employees to express complaints verbally. Employees usually can request the presence of the union steward to support them. A vast number of workers' complaints are settled satisfactorily by a simple discussion. Step 2. If an employee is not satisfied with the actions of the supervisor, the grievance can be appealed to step 2. At this point the grievance is almost always written. The employee is represented by the chief plant steward or business agent, and the employer is represented by the superintendent or industrial relations office. Step 3. If the union is not satisfied with the decision of the superintendent or industrial relations office, the grievance can be appealed to step 3. Here, the plant manager or director of industrial relations represents the employer, and the union is represented by the plant grievance committee. Grievances that are not settled at this step may go directly to arbitration. Step 4. Large corporations may have a fourth step in the grievance process where top corporate officers meet with representatives of the international union to resolve unsettled grievances. The number of grievances that reach this level represents a very small percentage of the total. Step 5. The final step in the grievance process is binding arbitration by an outside third party acceptable to both management and the union. Both parties agree beforehand to abide by the arbitrator's decision.

Organizing a Union

Step 1: get at least 30 percent of the workers in a company to sign authorization cards calling for a union to represent them. After 30 percent of the workers have expressed an interest, they can petition the NLRB for a representation election. Step 2: The NLRB then investigates four issues: (1) whether the company falls within the jurisdiction of the NLRB; (2) who should represent which workers; (3) whether there is enough worker interest (at least 30 percent); and (4) whether there are any election bars, such as if another petition has been filed within the past year. NOTE: If a company is too small to come under the jurisdiction of the NLRB, its case is left to the jurisdiction of state laws, which may or may not exist. A company must exceed a certain dollar volume of business or the NLRB will not respond to the petition Step 3: Absent a Bar to an election petition, certification of a union by the NLRB occurs after an NLRB-conducted election by secret ballots in which the union receives a majority of the valid ballots cast by the employees eligible to vote. Most employers insist on an NLRB election and must bargain with the union in good faith once the union has been organized and the employer recognizes it. *Majority (85%) of elections are consent elections by the employers, *who is eligible (e.g., FT, PT, seasonal workers), *who is excluded (managers and Indep contractors), *post-election challenges and objections (typically involve unfair labor practices by employer)

Bargaining Issues & Concepts

Taft-Hartley Act requires that union and management negotiate on "wages, hours and other terms and conditions of employment." The NLRB and the courts have classified bargaining issues into the following categories: Illegal Items: Illegal bargaining items are issues that may not be negotiated at the bargaining table, such as yellow-dog contracts, closed shop agreements, compulsory check-off programs (permission by an employee for the employer to withhold union dues from a paycheck) , and hotcargo (union employees refuse to handle products from a strike plant) agreements. Mandatory Items: Mandatory bargaining items include wages or salaries, hours of work, subcontracting, stock purchase plans, profit-sharing plans, pension and employee welfare plans, Christmas bonuses, workloads and production standards, and plant rules. Labor and management must bargain in good faith on these mandatory items, and they may bargain to an impasse without violating the unfair labor practice provisions. Unions may strike to obtain mandatory items, and employers may refuse to sign a contract unless their version of these items is included in the contract. Voluntary Items: Voluntary bargaining items are issues that may be discussed at the bargaining table but may not be bargained to an impasse. Employers cannot make voluntary items a condition for signing a labor contract. Unions may not strike over voluntary items, such as demanding that a company contribute to an industry-wide promotion fund or a strike insurance plan.

What is the meaning of distributive bargaining?

Takes place when the parties are in conflict over an issues and the outcome represents a gain and a loss for the other; it usually occurs over items such as wages and premium pay.

Labor Management Relations Act (Taft-Hartley 1947)

The NLRA was amended in 1947 by the Labor Management Relations Act, popularly called the Taft-Hartley Act. The way I think about Taft-Hartley is that pendulum swung too far under the National Labor Relations Act (Wagner); Taft Hartley was employer-focused and helped swing the pendulum back. Under the provisions of this act, collective bargaining was retained as the basic direction of national labor policy, but greater restrictions were imposed, especially on unions.

Good-faith Bargaining

The Taft-Hartley Act requires that both parties engage in good-faith bargaining, or they will be guilty of an unfair labor practice. 1. Both parties must be willing to meet at reasonable times, in reasonable places, to discuss each party's bargaining issues. A serious attempt must be made to adjust differences and to reach an acceptable common ground. 2. A counterproposal must be offered when another party's proposal is rejected 3. A position on contract terms may not be constantly changed. 4. Evasive behavior during negotiations is not permitted. 5. There must be a willingness to incorporate oral agreements into written contract. The parties are not required to reach an agreement, and the NLRB cannot require that they reach an agreement, nor can it direct the parties to incorporate a particular provision into their labor agreement. Nevertheless, they must bargain in good faith and offer a counter proposal to an offer to demonstrate that bargaining is more than just a series of empty discussions.

Discussion Question: What are the advantages and disadvantages of developing a detailed list of rules regarding employee misconduct?

The advantage of having a highly detailed list of rules is that it eliminates uncertainty about whether specific behaviors are right or wrong. If employees are expected to behave in specific ways, then a specific list of rules that clearly describes what is expected of them will be useful. The disadvantage of a detailed list of rules is that it is impossible to identify all possible incorrect behaviors. Furthermore, as the list becomes more detailed, the difficulty of interpretation becomes greater, and individuals will be more likely to disregard the entire list. Consequently, a simple statement of general principles is often superior to a detailed listing of rules. If employees understand the general principles that should guide their behavior, they can apply these principles to specific situations using their own judgment, rather than referring to an extensive list of prescribed behaviors that they probably do not understand or remember.

Processing Unfair Labor Practices: Preliminary NLRB Investigation and Settlement Agreements - Formal and Informal

The regional offices of the NLRB investigate the charges. The process is similar to that of the OFCCP that we reviewed earlier. The NLRB assigns a field examiner or an attorney to take written statements and affidavits from available witnesses. Regional offices try to dispose of the cases informally through withdrawal, settlement, or dismissal. If a case is not closed by one of these informal methods, a formal complaint is issued. The NLRB's general counsel may dismiss the case, leaving the complaining party with no recourse other than to sue the NLRB in the federal courts, or the general counsel may refer the case to the board for a ruling.

Effective Discipline Systems Some of the most important elements of an effective disciplinary system:

The following principles describe some of the most important elements of an effective disciplinary system: Definite policy and procedure Supervisory responsibility Communication of rules Burden of proof Consistent treatment Consideration of the circumstances Reasonable rules and penalties Statute of limitations The following principles describe some of the most important elements of an effective disciplinary system. Definite Policy and Procedure: Disciplinary procedures should follow a prescribed course of action. Consistency of action should be maintained throughout the organization. Supervisory Responsibility: Supervisors are usually responsible for initiating disciplinary action. Communication of Rules: Employees must know and understand rules before they can be held accountable for them. Burden of Proof: A basic principle underlying both English common law and United States constitutional law is that an individual is presumed innocent until proven guilty. The appropriate procedure is to investigate the problem before making a decision to discipline. Consistent Treatment: Rules and penalties must be applied evenhandedly and without discrimination. Consideration of the Circumstances: Violations of company rules and other offenses should not be considered in isolation. The circumstances of each case should always be considered as well as the facts describing the offense. The appropriateness of disciplinary action and an arbitrator's willingness to uphold it are often determined by the surrounding circumstances. Reasonable Rules and Penalties: Rules should be reasonable. The penalties also should be reasonable. Statute of Limitations: Some people believe that written reprimands should not remain in an employee's file permanently because they may destroy the individual's opportunity to advance. Some companies remove written reprimands from an employee's file after the employee has had a three- to five-year period of good performance. Other companies do not remove written notices but counter them with descriptions of the employee's progress following the reprimands. Regardless of how written reprimands are handled, they should be placed in an employee's personal file with an understanding that there is a statute of limitations regarding the length of time they can remain there untouched.

Why do nonunion grievance procedures tend to be inferior to union grievance procedures?

The grievance procedures outlined in a union labor agreement are generally superior to the grievance procedures found in nonunion companies in the following ways: 1. The grievance procedure is more clearly defined, so that employees know specifically how they will be processed and where to go for help in completing the forms and processing their complaints. 2. Union employees feel greater protection against reprisals from the organization, knowing that a formal complaint system has been developed and that they will not be terminated for expressing their complaints. 3. Union members know that even if management does not agree with them as their complaints are processed through the grievance appeal procedures, a neutral outside party will eventually review the issues and render an unbiased judgment. The disadvantage of a union grievance procedure is that it is typically very expensive and involves a considerable amount of time to process.

Employee Handbook

The most important purpose of an employee handbook is that it provides a central information source explaining what employees need to know about their employment relationship. Employees have an opportunity to learn about the company, what it provides for them, and what it expects of them. Equally valuable is the opportunity to study it at their own pace. New employee orientations and other training programs help employees know what is expected of them, but employees still need access to this information for later review. Most handbooks explain the history and culture of the company and give employees an appreciation of the organization and its mission. Well-designed handbooks help to create an organization's culture. Standards of quality and customer service can become general norms because of statements about the importance of serving customers and the value of quality products. These expectations also help to create a more committed and loyal workforce. Employers also benefit from using an employee handbook. Many of the questions that employees repeatedly ask can be answered in the handbook, saving countless calls to the human resource department. Employee handbooks can also serve as an effective recruiting tool by helping to convince job applicants that the company is a good place to work.

Discussion Question: What are the differences between the positive and negative approaches to discipline?

The negative approach to discipline focuses on punishing employees for past mistakes and is based on fear and threats. Punishment is usually severe and serves as a deterrent to the wrongdoing of others. The punishment is usually administered publicly, along with a display of emotion and anger, and is administered immediately and often capriciously. The positive approach to discipline focuses on eliminating future problems and creating effective employees. Past mistakes are used as feedback to help employees know how to change. Disciplinary meetings are typically held in private in a calm and rational problem-solving atmosphere, rather than in an emotional, anger-filled scene before other employees.

National Labor Relations Act (Wagner Act 1935)

The other way to think about the National Labor Relations Act is that it swung the pendulum far for union activities. Under the NLRA, employees have the right: to self-organize to form, join, or assist labor organizations to bargain collectively through representatives of their own choosing to engage in concerted activities, for the purpose of collective bargaining The Wagner Act established the NLRB and gave it the authority to administer the act in a peaceful and democratic manner. or other mutual aid or protection.

****Decertifying a labor union

The process for decertifying a labor union follows the same procedure as for organizing one. The NLRB must receive a petition from at least 30 percent of the workers calling for an election. After the usual investigation, an election is held. If less than 50 percent who cast a vote, vote in favor of the union, the union is decertified.

Arbitration

The process of submitting a labor dispute to a third party for resolution. ​ The third party is called an arbitrator. ​ Both parties agree beforehand to accept the arbitrator's decision through a "submission agreement."​

Weingarten Rights

The right of employees to have union representation at investigatory interviews was established by the U.S. Supreme Court in the case of NLRB v. Weingarten and has become known as Weingarten rights. Employees have Weingarten rights only during investigatory interviews when a supervisor questions an employee to obtain information that could be used as a basis for discipline or asks an employee to defend his or her conduct. If an employee has a reasonable belief that discipline or other adverse consequences may result from what he or she says, the employee has the right to request union representation. Management is not required to inform the employee of his or her Weingarten rights; it is the employee's responsibility to know and request.

Why People Don't Join Unions

There are three major reasons why people decide not to join a union: 1. Some employees consider themselves professionals and believe they should join a professional association rather than a trade union. 2. An increasing number of people disagree with the goals and activities of labor unions—believe that teamwork and common vision result in greater profitability for the company and better wages and greater job security for employees. 3. Some employees identify with management—a corollary to the second item—the adversarial nature of the employer/union relationship may hurt the company and the employees, especially in smaller companies where

What is the role of the National Labor Relations Board?

To protect the rights of employees, employers, unions and the general public Conduct representation elections Resolve unfair labor practices

What does it mean for a company to bargain in good faith?

Union and company must be willing to meet at reasonable times and places to discuss issues. Counterproposals must be offered when another's proposal is rejected. A position on contract terms may not be constantly changed. Evasive behavior during negotiations is prohibited. Willingness to incorporate oral agreements into written contracts.

What is another name for the National Labor Relations Act?

Wagner Act (1935)

Sympathy strike:

action taken by secondary unions in support of a strike by a primary union that needs help

Unfair Labor Practices Strike:

caused by a condition of employment that violates one of the labor laws or an NLRB ruling

Unions: distinguishment between deauthorization and deceritification—

deauthorization allows members to keep the union as their bargaining agent, but to stop paying dues until the union leadership responds to member concerns. Decertification dissolves the union.

Closed shop:

requires individuals to join a union before they can be hired. The closed shop provision requiring union membership at hiring is a violation of the Taft Hartley Act (Labor Management Relations Act)

Protected strike:

strike that is either economic in nature or due to an ULP

Lockout:

employer refuses to allow employees to work

Alternative Dispute Resolution

negotiation mediation binding arbitration rent-a-judge services The enormous time and expense associated with litigation has prompted employers to pursue arbitration and other methods for resolving disagreements. When two parties are unable to peacefully negotiate an acceptable solution, the next step is to ask for the services of a mediator. The mediator examines both sides of the dispute and tries to help both parties understand the other and find an acceptable compromise. If mediation fails, the parties can agree to submit the issue to binding arbitration and promise to live by the arbitrator's decision.

Union shop:

provision of the labor agreement that requires employees to join the union as a requirement for employment, usually 30-60 days after being hired

Economic strike:

refusal to work as the cause of disagreement over terms and conditions of employment

Agency shop:

requires employees who refuse to join the union to pay equivalent amounts equal to union dues and fees for the union's representative services

To reduce the number of grievances that are appealed, supervisors are encouraged to:

• Treat all complaints seriously. • Investigate and handle each case as though it may eventually result in arbitration. • Talk with an employee as soon as possible about his or her grievance and give the employee a full hearing. • Correct the problem if the company is wrong. • Examine the labor agreement carefully, and obtain clarification from the human resource office if necessary. • Collect evidence and determine if there were any witnesses. • Remain calm. • Carefully examine all the evidence before making a decision. • Avoid lengthy delays. When all the information is in, make a decision and communicate it.