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Copyright 2011 Pearson Education,Inc.Copyright 2011 Pearson Education,Inc.publishing as Prentice Hallpublishing as Prentice HallPowerPoint Presentation by Charlie CookPowerPoint Presentation by Charlie CookThe University of West AlabamaThe University of West AlabamaChapter 15Chapter 15Labor Relations and Labor Relations and Collective BargainingCollective BargainingPart Five|Employee RelationsPart Five|Employee RelationsCopyright 2011 Pearson Education,Inc.publishing as Prentice Hall152WHERE WE ARE NOWWHERE WE ARE NOWCopyright 2011 Pearson Education,Inc.publishing as Prentice Hall1531.1.Give a brief history of the American labor movement.Give a brief history of the American labor movement.2.2.Discuss the main features of at least three major pieces Discuss the main features of at least three major pieces of labor legislation.of labor legislation.3.3.Present examples of what to expect during the union Present examples of what to expect during the union drive and election.drive and election.4.4.Describe five ways to lose an NLRB election.Describe five ways to lose an NLRB election.5.5.Illustrate with examples bargaining that is not in good Illustrate with examples bargaining that is not in good faith.faith.6.6.Develop a grievance procedure.Develop a grievance procedure.LEARNING OUTCOMESCopyright 2011 Pearson Education,Inc.publishing as Prentice Hall154The Labor Movement17901790Skilled craftsmen organize into trade unions.Skilled craftsmen organize into trade unions.18691869The Knights of Labor seek social and political reform.The Knights of Labor seek social and political reform.18861886American Federation of Labor pursues bread-and-butter American Federation of Labor pursues bread-and-butter issues and improved working conditions.issues and improved working conditions.19351935National Labor Relations Act fosters organizing National Labor Relations Act fosters organizing and the rapid growth of labor unions.and the rapid growth of labor unions.19471947Taft-Hartley Act regulates union activities.Taft-Hartley Act regulates union activities.19551955AFL and CIO merge.AFL and CIO merge.1970s1970sUnion membership peaks and begins to steadily decline.Union membership peaks and begins to steadily decline.Copyright 2011 Pearson Education,Inc.publishing as Prentice Hall155Why Do Workers Organize?SolidaritySolidarityTo get their fair shareTo get their fair sharevvImproved wages,hours,working conditions,and Improved wages,hours,working conditions,and benefitsbenefitsTo protect themselves from management whimsTo protect themselves from management whimsConditions Favoring Employee OrganizationConditions Favoring Employee OrganizationLow moraleLow moraleFear of job lossFear of job lossArbitrary management actionsArbitrary management actionsCopyright 2011 Pearson Education,Inc.publishing as Prentice Hall156What Do Unions Want?Increased workplace security for the unionImproved wages,hours,working conditions,job security,and benefitsUnion Bargaining AimsCopyright 2011 Pearson Education,Inc.publishing as Prentice Hall157Union SecurityClosed shopOpen shopUnion shopTypes of Union SecurityAgency shopMembership maintenance Copyright 2011 Pearson Education,Inc.publishing as Prentice Hall158Union Security(contd)Right to Work LawsRight to Work LawsSection 14(b)of the Taft-Hartley ActSection 14(b)of the Taft-Hartley ActvvPermits states to ban the requirement of union Permits states to ban the requirement of union membership as a condition of employment and membership as a condition of employment and to forbid the negotiation of compulsory union to forbid the negotiation of compulsory union membership provisions.membership provisions.Twenty-three“right to work”states ban all forms Twenty-three“right to work”states ban all forms of union security which greatly inhibits union of union security which greatly inhibits union formation in those states.formation in those states.Copyright 2011 Pearson Education,Inc.publishing as Prentice Hall159The AFL-CIO The American Federation of Labor and Congress The American Federation of Labor and Congress of Industrial Organizations(AFL-CIO)of Industrial Organizations(AFL-CIO)A voluntary federation of about 56 national and A voluntary federation of about 56 national and international labor unions in the United Statesinternational labor unions in the United States Structure of the AFL-CIOStructure of the AFL-CIOLocal unionsLocal unionsNational unionsNational unionsNational federationNational federation Change to Win CoalitionChange to Win CoalitionSix large unions that split from the AFL-CIOSix large unions that split from the AFL-CIOCopyright 2011 Pearson Education,Inc.publishing as Prentice Hall1510Unions and the Law:Period of Strong EncouragementThe Norris-LaGuardia Act of 1932The Norris-LaGuardia Act of 1932Guaranteed to each employee the right to bargain Guaranteed to each employee the right to bargain collectively“free from interference,restraint,or collectively“free from interference,restraint,or coercion”coercion”Declared yellow dog contracts unenforceableDeclared yellow dog contracts unenforceableLimited the courts abilities to issue injunctions Limited the courts abilities to issue injunctions(stop orders)for organizing activities(stop orders)for organizing activitiesCopyright 2011 Pearson Education,Inc.publishing as Prentice Hall1511Unions and the Law:Period of Strong Encouragement(contd)National Labor Relations or Wagner Act of 1935National Labor Relations or Wagner Act of 1935Banned certain unfair labor practices of employersBanned certain unfair labor practices of employersProvided for secret-ballot elections and majority rule Provided for secret-ballot elections and majority rule for determining whether a firms employees would for determining whether a firms employees would unionizeunionizeCreated the National Labor Relations Board(NLRB)Created the National Labor Relations Board(NLRB)to enforce the acts provisionsto enforce the acts provisionsCopyright 2011 Pearson Education,Inc.publishing as Prentice Hall1512Unfair Employer Labor Practices To“interface with,restrain,or coerce employees”To“interface with,restrain,or coerce employees”in exercising their right of self-organizationin exercising their right of self-organization To dominate or interfere with either the formation To dominate or interfere with either the formation or the administration of labor unionsor the administration of labor unions To discriminate against employees for legal union To discriminate against employees for legal union activitiesactivities To discharge or discriminate against employees who To discharge or discriminate against employees who file unfair practice charges against the companyfile unfair practice charges against the company To refuse to bargain collectively with their employees To refuse to bargain collectively with their employees representativesrepresentativesCopyright 2011 Pearson Education,Inc.publishing as Prentice Hall1513FIGURE 151NLRB Form 501:Filing an Unfair Labor PracticeCopyright 2011 Pearson Education,Inc.publishing as Prentice Hall1514Unions and the Law:Encouragement and Regulation Taft-Hartley(Labor Management Relations)Act of 1947 Taft-Hartley(Labor Management Relations)Act of 1947 Prohibited unfair union labor practicesProhibited unfair union labor practicesEnumerated the rights of employees as union membersEnumerated the rights of employees as union membersEnumerated the rights of employersEnumerated the rights of employersAllowed the United States President to seek an injunction to Allowed the United States President to seek an injunction to temporarily bar a national emergency strike for 60 daystemporarily bar a national emergency strike for 60 daysCopyright 2011 Pearson Education,Inc.publishing as Prentice Hall1515Unfair Union Labor Practices To restrain or coerce employees from exercising To restrain or coerce employees from exercising their guaranteed bargaining rights.their guaranteed bargaining rights.To cause an employer to discriminate against To cause an employer to discriminate against employees in order to encourage or discourage employees in order to encourage or discourage their membership in a union.their membership in a union.To refuse to bargain in good faith with the employer To refuse to bargain in good faith with the employer about wages,hours,and other employment conditions.about wages,hours,and other employment conditions.Certain strikes and boycotts are also unfair practices.Certain strikes and boycotts are also unfair practices.To engage in“featherbedding”(requiring an employer To engage in“featherbedding”(requiring an employer to pay an employee for services not performed).to pay an employee for services not performed).Copyright 2011 Pearson Education,Inc.publishing as Prentice Hall1516Taft-Hartley and Employers Rights Employer RightsEmployer RightsTo express views concerning union organizationTo express views concerning union organizationTo set forth the unions recordTo set forth the unions record Employer RestraintsEmployer RestraintsMust avoid threats,promises,coercion,and direct Must avoid threats,promises,coercion,and direct interference with workers organizing decisioninterference with workers organizing decisionCannot meet with employees on company time Cannot meet with employees on company time within 24 hours of an electionwithin 24 hours of an electionCannot suggest employees vote against the union Cannot suggest employees vote against the union(in private,while they are out of their work area)(in private,while they are out of their work area)Copyright 2011 Pearson Education,Inc.publishing as Prentice Hall1517Unions and the Law:Detailed Regulation of Union Internal AffairsDetailed Regulation of Union Internal Affairs Landrum-Griffin Act(the Labor Management Landrum-Griffin Act(the Labor Management Reporting and Disclosure Act)of 1959Reporting and Disclosure Act)of 1959Contains a bill of rights for union membersContains a bill of rights for union membersvvNomination of candidates for union officeNomination of candidates for union officevvProtects a members right to sue his or her unionProtects a members right to sue his or her unionvvEnsures no member can be fined or suspended Ensures no member can be fined or suspended without due processwithout due processLaid out rules regarding union electionsLaid out rules regarding union electionsvvRegulated union election cycles and who can Regulated union election cycles and who can serve as union officersserve as union officersvvExpanded list of corrupt union and employer practicesExpanded list of corrupt union and employer practicesCopyright 2011 Pearson Education,Inc.publishing as Prentice Hall1518The Union Drive and ElectionStep 1.Initial ContactStep 1.Initial ContactThe union determines employees interest in The union determines employees interest in organizing,and sets up an organizing committee.organizing,and sets up an organizing committee.vvLabor relations consultantsLabor relations consultantsvvUnion saltingUnion saltingStep 2.Obtaining Authorization CardsStep 2.Obtaining Authorization Cards30%of eligible employees in an appropriate 30%of eligible employees in an appropriate bargaining unit must sign cards authorizing bargaining unit must sign cards authorizing the union to petition the NLRB for an election.the union to petition the NLRB for an election.Copyright 2011 Pearson Education,Inc.publishing as Prentice Hall1519The Organizing DriveObtaining Authorization CardsObtaining Authorization CardsLet the union seek a representation election.Let the union seek a representation election.Designate the union as a bargaining Designate the union as a bargaining representative in all employment matters.representative in all employment matters.State that the employee has applied State that the employee has applied for membership in the union and will for membership in the union and will be subject to union rules and bylaws.be subject to union rules and bylaws.Can be collected and distributed by unions Can be collected and distributed by unions through the Internet.through the Internet.Copyright 2011 Pearson Education,Inc.publishing as Prentice Hall1520The Organizing Drive(contd)Employer Responses to OrganizingEmployer Responses to OrganizingCan attack the union on ethical and moral grounds Can attack the union on ethical and moral grounds and cite the cost of union membershipand cite the cost of union membershipCannot make promises of benefitsCannot make promises of benefitsCannot make unilateral changes in terms and Cannot make unilateral changes in terms and conditions of employment that were not planned conditions of employment that were not planned to be implemented prior to the onset of union to be implemented prior to the onset of union organizing activityorganizing activityCan inform employees of their right to revoke Can inform employees of their right to revoke their authorization cardstheir authorization cardsCopyright 2011 Pearson Education,Inc.publishing as Prentice Hall1521The Organizing Drive(contd)Union Activities During OrganizingUnion Activities During OrganizingUnions can picket the firm,subject to three constraints:Unions can picket the firm,subject to three constraints:vvIt must file a petition for an election within 30 days It must file a petition for an election within 30 days after the start of picketing.after the start of picketing.vvThe firm cannot already be lawfully recognizing The firm cannot already be lawfully recognizing another union.another union.vvThere cannot have been a valid NLRB election There cannot have been a valid NLRB election during the past 12 months.during the past 12 months.Copyright 2011 Pearson Education,Inc.publishing as Prentice Hall1522The Union Drive and Election(contd)Step 3.Hold a HearingStep 3.Hold a HearingConsent electionConsent electionvvEmployer chooses not to contest union recognition at all.Employer chooses not to contest union recognition at all.Stipulated electionStipulated electionvvThe employer chooses not to contest:The employer chooses not to contest:The unions right to an electionThe unions right to an election Scope of the bargaining unitScope of the bargaining unit Which employees are eligible to vote in the electionWhich employees are eligible to vote in the electionContesting the unions right to an electionContesting the unions right to an electionvvAn employer can insist on an NLRB hearing to determine An employer can insist on an NLRB hearing to determine if employees wish to elect a union to represent them.if employees wish to elect a union to represent them.Copyright 2011 Pearson Education,Inc.publishing as Prentice Hall1523FIGURE 152NLRB Form 852:Notice of RepresentationHearingCopyright 2011 Pearson Education,Inc.publishing as Prentice Hall1524NLRB Hearing Officers Duties Determining if the record indicates there Determining if the record indicates there is enough evidence to hold an electionis enough evidence to hold an electionDid 30
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