1. Why and How Unions Are Organized
Chapter 5
Why and How Unions Are Organized
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2. Why Unions Are Formed Work and Job Conditions Explanation
Alienation Theory—the influence of machinery
Loss of personal contact with labor and products produced
Loss of personal involvement in the work
Pace of work estranging workers from each other
Scarcity Consciousness Theory—jobs are difficult to obtain and retain
Employees believe unions protect jobs by:
Negotiating work rules and apprenticeship programs.
Bargaining seniority and layoff provisions.
Agreeing to grievance procedures.
Lobbying for legislation to protect worker rights and jobs.
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3. Why Unions Are Formed (cont’d)
Work and Job Conditions Explanation (cont’d)
Wheeler Model of Union Formation
First stage: individual worker’s readiness to take aggressive action to express anger at the employer that results from:
Fear of deprivation of current work benefits.
Frustration with not being heard as an individual.
Rational calculation that the benefits of unionization outweigh its costs.
Second stage: individual workers form a group and decide to take collective action.
Saliency: the workers’ belief that the union can facilitate resolution of their problems.
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4. Wheeler Model of Union Formation
Second Stage: Decision to take collective action
First Stage: Readiness to take action
Decision not to unionize
Love (Group cohesion)
Fear of deprivation
Fear of punishment
Hope (Belief in unions)
Frustration of not being heard
Lack of belief in unions
Saliency (Resolution)
Rational calculation
Withdrawal and/or revenge
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5. Why Unions Are Formed (cont’d)
Employee Backgrounds and Needs
Previous experience as a union member generally results in a favorable attitude towards unions.
Union member parents’ attitudes and family experiences strongly influence positive union attitudes.
Unions help satisfy the interrelated social needs of members for identity, self-esteem, and affiliation.
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6. Exhibit 5.1 Influences on Employees on Whether to Vote For or Against a Union
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7. The Union’s Challenge of Organizing the Diverse Workforce
The Changed Workforce
Temporary (contingent) employees
Permanent part-time employees
Independent contractors
Leased workers
Minorities (racial and ethnic)
Immigrant (legal and illegal) workers
Older workers
Higher-skilled workers
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8. The Union’s Challenge of Organizing the Diverse Workforce
A Changing Workplace
Declines in unions’ stronghold industries
Increases in service industries workers
Increases in industries with skilled workers
Outsourcing
Globalization
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9. Organizing Professional Employees
Arguments
Against the organization of professionals:
Unionization represents a rejection of professional values.
For the organization of professionals:
Unionization helps achieve and maintain professional values.
Issues in Collective Bargaining:
Professional standards
Participation in policy making
Regulation of professional work
Training and professional development
Commitment of organizational resources to professional goals
Criteria for personnel decisions regarding professionals
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10. Activities of Union in Organizing Employees
Union Actions
Don’t initiate organizing; rather it responds to employees’ request for assistance in organizing.
Emphasize the benefits of collective bargaining and grievance procedures to relieve employee dissatisfaction and fears.
Roles of Union Organizers
Educator: union benefits/protections, labor traditions
Persuader: encourage voting for unionization
Supporter: support workers’ collective actions
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11. Exhibit 5.3 Union Strategy and Courses of Action to Achieve Employee Goals and Resolve Job-Related Concerns
Examples of Work-Related Problems and Employee Concerns
Actions by Unions to Encourage Employees to Join Union
Relations between employees and management are poor.
Union will represent the interests of employees to management.
Employees do not trust their employer’s promises.
Union will negotiate a contract requiring management to abide by its agreements.
Employees prefer to deal with management as a group.
Union provides an opportunity for individual employees to deal as a group with the employer.
Employees want to have more influence in workplace decisions.
Union provides a mechanism for influence by collective bargaining and administering the agreement.
Employees feel that productivity improvement would be more effective if employees had more say in how programs are run.
Union provides a mechanism in which employees can provide input into those issues that affect the workplace.
Employees question the effectiveness of the company’s system for resolving employee problems and grievances.
Unions typically negotiate a grievance procedure that provides representation of employees at each step and hearings before an outside, neutral arbitrator.
SOURCE: Richard B. Freeman and Joel Rogers, Worker Representation and Participation Survey, Princeton, N.J.: Princeton Survey Research Associates, 1994.
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12. 2. Person-to-person contact, house calls, and small group meetings
Exhibit 5.4 Components of ‘‘Rank-and-File Intensive Strategy’’ That Are Associated with Higher Union Win Rates
1. Use of representative committees to be more in touch with concerns of the bargaining unit as a whole, to have better access to employees at the workplace and to demonstrate to the employees that the union Is a democratic and inclusive organization
2. Person-to-person contact, house calls, and small group meetings
3. Conducting union bargaining surveys, selection of the bargaining committee, and working with rank and file to develop proposals before election
4. Focus on issues such as dignity, justice, discrimination, fairness, or service quality
5. Serious commitment of staff and financial resources to organizing, involvement of the international in local campaigns, and training, recruitment, and effective utilization of rank and file volunteers from already organized bargaining units
6. Use of solidarity days (designated days to wear union buttons, hats, T-shirts, arm bands, etc.)
SOURCE: Kate Bronfenbrenner, ‘‘The Role of Union Strategies in NLRB Elections,’’ Industrial and Labor Relations Review 50 (January 1997), pp. 195–211; Kate Bronfenbrenner and Tom Juravich, ‘‘It Takes More Than House Calls: Organizing to Win with a Comprehensive Union-Building Strategy,’’ Organizing to Win, eds. Kate Bronfenbrenner, et al. (Ithaca, N.Y.: Cornell University Press, 1999), pp. 33–34.
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13. Activities of Company in Union Organizing
Advantages of the Company:
Has full access to its employees.
Can offer possibility of improvement without additional cost of unionization for employees.
Can benefit from employees’ fear of change.
Lengthy time between successful organization and issuance of the bargaining order.
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14. Activities of Company in Union Organizing (cont’d)
Effective Campaign Tactics
Hiring labor lawyers and management consultants
Spreading rumors about potential job losses, plant or store closings
Asking for a “second chance”
Ineffective Campaign Tactics
Intentionally delaying the representation election
Shifting work and jobs to other facilities
Testing applicants to identify union sympathizers
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15. Activities of Company in Union Organizing (cont’d)
Employer Effects on Elections
Influencing the composition of the bargaining unit
Setting the date for the election
Illegal Campaign Tactics (Unfair Labor Practices)
Making captive audience speeches after hours
Illegally discharging union supporters and activists
Threatening employees about the consequences of unionization
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16. Methods for Organizing Unions
Voluntary Recognition
The employer pledges to remain neutral and not to oppose or interfere with the organization campaign.
The employer agrees to a “card check” for union majority status, allowing the union to forego the NLRB representation election process.
Increasing the Success of Organizing Drives
Signing neutrality agreements
Providing lists of employees to the union
Agreeing to place time limits on the organizing campaigns
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17. Exhibit 5.5 Basic Union Representation Procedures
Interest
1. Internal: Employees contact union organizer
2. External: Union organizer contacts employees
Ways for union
to obtain
recognition
(1) Voluntary
Recognition
(2) NLRB Directive
(Gissel Doctrine)
(3) Secret-Ballot
Election
Consent Election
Contested
Election
Union Wins
Union Loses
Union Certified
12 Month Election Bar
Union Obligation: Duty to bargain with company in good faith and represent all bargaining unit employees fairly Company Obligation: Duty to bargain with union in good faith and recognize union as the exclusive bargaining representative for all bargaining unit employees
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18. Exhibit 5.5 Basic Union Representation Procedures
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19. Methods for Organizing Unions (cont’d)
NLRB Directive
NLRB directs the employer to recognize the union because the employer’s unfair labor practices tainted the organizing campaign and/or election processes.
Bases for Issuing Gissel Bargaining Orders:
A fair, impartial election is not possible due to the employer’s ULPs.
Authorization card wording is clear and unambiguous.
Employees’ signatures were voluntarily obtained.
A majority of bargaining unit employees signed authorization cards.
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20. Exhibit 5.6 Example of a Union Authorization Card
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21. NLRB Secret Ballot Election Process
Pre-NLRB-Election Union Campaign Activities
Contacting employees
Determining interest
Setting up and organizing committee
Building interest by soliciting authorization cards
Costs versus Returns for Organizing
Extra compensation gained by bargaining
Additional dues and fees paid by new members
Enhanced political influence
Social benefits and satisfaction of membership
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22. NLRB Election Process…(cont’d)
Filing a Petition for Election
Employer refuses union’s recognition request.
Employer can petition for an election once the union seeks recognition.
Union files an election petition with the NLRB
Union holds signed authorization cards to show substantial employee support (at least 30%) for the union.
NLRB determines its jurisdiction and the union petition’s validity.
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23. NLRB Election Process…(cont’d)
Filing a Petition for Election (cont’d)
NLRB, employer, and union discuss appropriate bargaining unit composition, voter eligibility, ballot, and the date, time, and place for election.
Consent election: both sides agree on all election issues.
Contested election: the NLRB holds a hearing to resolve election issue differences between the two parties.
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24. NLRB Election Process…(cont’d)
Determining the Appropriate Bargaining Unit
Basis for NLRB decision is “community of interest”
Interest of the employees
Commonality of wages, working conditions, training, and skills
Prior history of collective bargaining
Transfers of employees among facilities
Geography and physical proximity of the workplaces
Employer’s administrative or territorial divisions
Degree of separation (distinctiveness) or integration (interrelatedness) of the employees’ work
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25. NLRB Election Process…cont’d
Determining the Appropriate Bargaining Unit
Restrictions on “community of interest”
Nonprofessional and professional employees must be in placed in separate bargaining units.
Craft units can elect to be placed in a separate bargaining unit (Globe election).
Plant guards must be in a separate bargaining unit.
Supervisors and members of management are excluded.
Agricultural workers, most public employees, and independent contractors (not covered by the LMRA) are excluded from the bargaining unit.
Confidential employees and family members of owners are excluded.
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26. NLRB Election Process…(cont’d)
Bargaining Units in the Health Industry
Registered nurses
Physicians
Other professional employees
Technical employees
Skilled maintenance employees
Business office clericals
Guards
Other nonprofessional employees
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27. NLRB Election Process…(cont’d)
Eligibility to Vote in the Election Requires:
Employment in a bargaining unit job
Employment during the eligibility period
Employment on the date of the election
If on strike, striking employee must be within 12 months of the beginning of an economic strike
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28. NLRB Election Process…(cont’d)
Untimely Petitions Are Void If:
A representation election was held within the previous 12 months.
Employees are already in a certified union and covered by a contract.
Contract Bar Doctrine
A valid multi-year contract protects the union by barring representation elections for up to three years.
Excelsior Rule
An employer must provide the NLRB regional director with the names and addresses of eligible voters within 7 days of a consent or directed election order.
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29. NLRB Election Process…(cont’d)
Factors Affecting Election Outcomes:
High (90%) voter turnout
Length of time before election occurs
Longer times worsen the union’s chances of winning.
Size of the election unit
The union wins more in smaller units.
The union supporting the organizing effort
Negative “big labor” image hurts union’s chance of winning.
Whether the supporting union is independent or affiliated with the AFL-CIO
Independents do better.
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30. NLRB Election Process…(cont’d)
The Election
Secret ballots with union or no union choice are used.
If two unions are on the ballot, there are three choices:
Union A, Union B, or Neither.
Election held at workplace during working hours on a payday.
Election outcome
Simple majority decision: those who vote decide for everyone in the bargaining unit.
Runoffs are held if necessary.
If a union wins, the NLRB certifies it as the exclusive bargaining agent.
Election conduct and votes can be challenged for 7 days.
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31. Exhibit 5.7 Examples of Secret Ballots for Union Representation Election
DO NOT SIGN THIS BALLOT. Fold and drop in ballot box.
If you spoil this ballot return it to the Board Agent for a new one.
DO NOT SIGN THIS BALLOT. Fold and drop in ballot box.
If you spoil this ballot return it to the Board Agent for a new one.
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32. NLRB Election Process…(cont’d)
Trends in Union Representation Elections
The yearly number of elections has fallen sharply.
The union success rate (wins) has steadily declined.
Unions are less likely to win NLRB-sponsored elections in bargaining units (over 100 employees).
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33. NLRB Election Process…(cont’d)
After the Election
One-third of newly elected unions fail to successfully secure an initial labor agreement.
Factors favoring securing a first contract:
Preexisting high wages in the firm
The presence of other bargaining units in the firm
Large election victories
Active participation by international union representatives
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34. NLRB Election Process…(cont’d)
Duties of the Exclusive Bargaining Agent
To represent equitably and fairly all members of the bargaining unit.
To bargain in good faith with the employer.
Duties of the Employer
To bargain in good faith with the elected union.
To refuse to bargain with any other union or employee.
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35. Mandatory Secret Ballot Elections Versus Employee Free Choice Act
Employee Free Choice Act Provisions
Required NLRB to certify a union if a majority of employees signed union authorization cards.
Required, if collective bargaining fails, a first contract, subject to binding arbitration, to be in effect for a two-year period.
Increased penalties for employer unfair labor practices committed during the union organizing campaign or the negotiation of the first contract.
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36. Exhibit 5.9 Most Common Arguments Made by Proponents of Union Recognition via Card Check and Proponents of Mandatory Secret Ballot Elections
Proponents of Card Check Recognition
Proponents of Mandatory Secret Ballots
Card check recognition requires signatures from over 50 percent of bargaining unit employees (subject to
verification by the NLRB). A secret ballot election is decided by a majority of workers voting.
Casting a secret ballot is private and confidential. A secret ballot election is conducted by the NLRB. Under card check recognition, authorization cards are controlled by the union.
During a secret ballot campaign, the employer has greater access to employees.
Under card check recognition, employees may only hear the union’s point of view.
Because of potential employer pressure or intimidation during a secret ballot election, some workers may feel coerced into voting against a union.
Because of potential union pressure or intimidation, some workers may feel coerced into signing authorization cards.
Employer objections can delay a secret ballot election.
Most secret ballot elections are held within two months after a petition is filed.
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37. Exhibit 5.9 Most Common Arguments Made by Proponents of Union Recognition via Card Check and Proponents of Mandatory Secret Ballot Elections (cont’d)
Proponents of Card Check Recognition
Proponents of Mandatory Secret Ballots
Allegations against a union for unfair labor practices can be addressed under existing law. Existing remedies do not deter employer violations of unfair labor practices.
Allegations against an employer for unfair labor practices can be addressed under existing law. Existing remedies do not deter union violations of unfair labor practices.
Card check recognition is less costly for both the union and employer. If only secret ballot elections were required, the NLRB would have to devote more resources to conducting elections.
Unionization may cost workers union dues; higher union wages may result in fewer union jobs.
Card check and neutrality agreements may lead to more cooperative labor–management relations.
An employer may be pressured by a corporate campaign into accepting a card check or neutrality agreement. If an employer accepts a neutrality agreement, employees who do not want a union may hesitate to speak out.
SOURCE: E: Gerald Mayer, ‘‘Labor Union Recognition Procedures: Use of Secret Ballots and Card Checks,’’ Congressional Research Service, The Library of Congress, 2005 ( workplace/237).
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38. Conduct of Representation Election Campaigns and NLRB Policies
Totality of Conduct Doctrine
NLRB considers isolated incidents within the entire context of conduct during a campaign in determining unfair labor practices.
Campaigning parties cannot use forged documents.
Captive Audience—24 hour rule
Employers cannot make speeches to workers on company time within 24 hours of an election.
Employers may not threaten reprisal or promise benefits during a campaign speech.
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39. Conduct of Campaigns and NLRB Policies
Polling or Questioning Employees
Employers cannot ask employees about their union sentiments.
Distribution of Union Literature and Solicitation by Employees on Company Property
Literature distribution is permitted during nonworking times and in nonworking (non-customer) areas.
Company confidential material cannot be distributed.
Lechmere decision allows employers to ban non-employee organizers if there are other reasonable means of access to employees.
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40. Exhibit 5.10 Examples of Handbills Distributed During Representation Election Campaigns
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41. Conduct of Campaigns and NLRB Policies
Showing Films during Election Campaigns
Films may be used during campaigns.
Use of
An employer’s usage policy can ban all non-business use of but not solely union-related .
The system was viewed as employer property that employees have no statutory right to use under Sec. 7, LMRA.
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42. Conduct of Campaigns and NLRB Policies
New Union Strategies
Using the Internet to distribute organizing information.
Salting: Employers hire organizers who then solicit for union membership as employees.
Organizing an employer’s suppliers to overcome the effects of outsourcing.
Creating videos explaining the union’s position.
Holding public rallies and marches to draw attention to union causes.
Funding more organizing efforts.
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43. Decertification Procedure
When a majority of the bargaining unit vote to remove the union’s certification as the unit’s exclusive representative.
The support of 30% of the unit is required to petition the NLRB for a decertification election.
Reasons for Decertification
Fair treatment of employees by employers
Poor job by unions of providing services to members
Inability to gain an initial labor contract
Hiring of replacement workers
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44. Date of union certification
Exhibit 5.12 Examples of Objective Evidence* of Union’s Lack of Majority Status
Unsolicited communications from employees expressing a desire to become unrepresented
Any material change in the size or composition of the unit, such as a reduction in the number of employees
Date of union certification
Failure of the union to appoint a shop steward or committee
Failure of the union to process grievances
Failure of the union to actively represent employees on matters arising under the contract
Failure of the union to hold meetings that could be attended by the employees
Failure of the employees to attend union meetings
Failure of a majority of employees to authorize a dues checkoff if the contract provides for one
Whether the union has communicated a lack of interest regarding representation to either the company or the employees
Whether employees have filed or attempted to file a decertification petition of their own
*”Objective evidence” is defined as “reasonable grounds” to believe that an incumbent union no longer represents a majority of bargaining unit employees.
SOURCE: Clyde Scott, Kim Hester, and Edwin Arnold, “Employer-Initiated Elections, 1968–1992,” Journal of Labor Research 18 (Spring 1997), p. 317.
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45. Decertification Campaigns
Unlawful Activities by Employers
Obtaining NLRB forms for employees interested in union decertification
Providing services to employees who are interested in launching a decertification campaign
Initiating discussions on how or whether to decertify the union
Allowing supervisors or any other persons identified with management to promote the decertification process (e.g., publishing decertification instructions)
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46. Key Terms Alienation theory Scarcity Consciousness Theory
Union instrumentality
Consent election
Directed elections
Contract bar doctrine
Totality of conduct doctrine
Salting
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