1. Mullen 2005 Labor Union A labor union is an organization of employees that uses collective action to advance its members’ interests in regard to wages and working conditions. Industrial unions include all the employees in a company or industry, regardless of occupation. Craft unions include workers who belong to one craft or to closely related group of occupations.

2. Mullen 2005 Labor Relations Labor relations is the continuous relationship between a defined group of employees and management. The relationship includes the negotiation of a written contract concerning pay, hours, and other terms and conditions of employment as well as the interpretation and administration of this contract over its period of coverage.

3. Mullen 2005 History of Unions KNIGHTS OF LABOR KNIGHTS OF LABOR AFL CIO Established one large union for employees and local unions from all crafts and occupational areas in 1869. Established to include only skilled tradespeople in 1886. Expanded the United Mine workers to include industrial and mass production workers in 1935. Later merged with the AFL in 1955 (AFL-CIO).

4. Mullen 2005 National Labor Relations Act (Wagner Act) Encouraged the growth of trade unions Restrained management from interfering with union growth Placed the government in a more active, pro-labor role (NLRB) Established the National Labor Relations Board (NLRB) to regulate and enforce the law  Sets up union certification elections  Investigates complaints of unfair labor practices Primary Labor Law Legislation: Private Sector

5. Mullen 2005 Taft-Hartley Act  The Labor-Management Relations Act amended the Wagner Act.  Management's’ response to rise in members rolls from 3 million to 5 million.  Provided the president 80-day injunction against strikes.  Unions forbidden to deduct union dues without written permission.

6. Mullen 2005 The Landrum-Griffin Act Designated to regulate the internal affairs of unions. Also referred to as the bill of rights of union members, and allows members to. nominate candidates for union office. vote in union elections. attend union meetings.

7. Mullen 2005 Structure & Management of Unions: Four Levels Federation Of Unions (e.g., AFL-CIO) Intermediate Union Bodies (e.g., regional & district offices) National Unions (e.g., International Brotherhood of Teamsters) Local Unions (e.g., local craft or industrial unions)

8. Mullen 2005 Employee Reasons for Joining Unions Job security Socialization and group membership Safe and healthy working conditions Communication link to management Fair compensation

9. Mullen 2005 Primary Labor Law Legislation (Public Sector) EXECUTIVE ORDER 10988 Began the process of creating a federal collective bargaining system Included a strong management rights clause banning strikes and union shops EXECUTIVE ORDER 11419 Gave the Secretary of Labor authority to enforce public sector labor-management relations

10. Mullen 2005 Primary Labor Law Legislation (Public Sector) EXECUTIVE ORDER 11823 Requires federal agencies to bargain with their employees on all issues CIVIL SERVICE REFORM ACT (1978) Placed federal employees’ labor rights under the Federal Labor Relations Authority

11. Mullen 2005 Collective Bargaining Collective bargaining is a process by which the representatives of the organization meet and attempt to work out a contract with the employees’ representative--the union.

12. Mullen 2005 Collective Bargaining: Basic Types DISTRIBUTIVE BARGAINING When labor and management are in conflict on an issue and the outcome is a win-lose situation INTEGRATIVE BARGAINING When two sides face a common problem and seek a win-win solution CONCESSION BARGAINING When something of importance is given back to management

13. Mullen 2005 Administering the Contract DISCIPLINE Most contracts retain management’s right to discipline employees Typical expectation is to follow legal due process GRIEVANCES Are complaints, whether valid or not, about organizational policies Exhibit 16-10 illustrates a four-step procedure ARBITRATION Is a quasi-judicial process where a neutral third party provides a binding settlement (award) for unresolvable disputes Typically follows the first three steps in Exhibit 16-10

14. Mullen 2005 Union Organizing Trends 1. General attitudes improving 2. Declining membership 3. Scope of organizing campaigns shifting to: Professional and better-educated workers Service workers Knowledge workers 4. Unions are investing heavily in: Better member services Innovative organizing techniques like the internet

15. Mullen 2005 Labor Relations The continuous relationship between a defined group of employees and managers regarding: Working conditions Discipline Hiring and Promotions

16. Mullen 2005 National Labor Relations Act (Wagner Act) National Labor Relations Act (Wagner Act) Encourage the growth of trade unions and restrain management from inter- fering with this growth. Encourage the growth of trade unions and restrain management from inter- fering with this growth. Right to bargain collectively Limitations on bargaining Representation Certification/decert/ elections Terms of agreements Problem of company unions The right to strike

17. Mullen 2005 Types of Union Shops Restricted Open Closed Preferential Agency Union

18. Mullen 2005 Open Shop Employees have freedom to determine if they want or need a union

19. Mullen 2005 Agency Shop All non-management employees must pay union dues whether or not they are members of the union pay union dues whether or not they are members of the union

20. Mullen 2005 Preferential Shop Union is recognized by management and given preferential treatment

21. Mullen 2005 Union Shop Requires employee to join union after being hired. Must follow hired. Must follow union rules

22. Mullen 2005 Closed Shop New employees must be union members when hired when hired

23. Mullen 2005 Maintenance of membership Members cannot resign during resign during term of contract

24. Mullen 2005 Mandatory Subjects of Bargaining Bargaining Rates of pay /wages.Rates of pay /wages. Hours.Hours. Benefits.Benefits. Seniority.Seniority.

25. Mullen 2005 Subjects of Bargaining Grievances.Grievances. Safety Practices. Safety Practices. Layoffs.Layoffs. Recalls.Recalls. Disciplines.Disciplines. Other Conditions of Employment.Other Conditions of Employment.

26. Mullen 2005 Strikes Economic Retain Status,Retain Status, Cannot be disciplinedCannot be disciplined Can be replacedCan be replacedULP Cannot be disciplinedCannot be disciplined Cannot be replacedCannot be replaced

27. Mullen 2005 Collective bargaining is the process by which unions and management establish the terms and conditions of employment. Collective Bargaining

28. Mullen 2005 Establishing the Bargaining Unit Private sector Railway and airline sector Postal sector Federal sector Public sector General Motors, Xerox, NLRB Illinois Central, Delta, NMB NLRB Assistant Secretary of Labor for Labor-Management Relations California Highway Patrol, New York Sanitation

29. Mullen 2005 Union Opposition  Positive labor relations without a union  Legal campaigns  Unfair labor practices (union busting) Always remember “TIPS”

30. Mullen 2005 Role of the NLRB  Questioning is done fairly about union membership.  Checks union information for accuracy.  No final presentations within 24 hours before election. Concerning the Employer:  No threats or intimidation's are used to gain votes.  Guards the employees against union promises of special treatment.  No final presentations within 24 hours before election. Concerning the Employee:

31. Mullen 2005 Types of Collective Bargaining Types of Collective Bargaining Distributive bargaining Concession bargaining Integrative bargaining

32. Mullen 2005 Steps for Negotiating Pre-negotiation Selecting negotiators Developing a bargaining strategy Using the best tactics Reaching a formal contractual agreement

33. Mullen 2005 Using the Best Tactics Power bargaining Conflict-based Armed truce Accommodation Cooperation

34. Mullen 2005 Absence of Good Faith * Unwillingness to make counterproposals * Constantly changing positions * The use of delaying tactics * Withdrawing concessions * Refusal to provide necessary data

35. Mullen 2005 Bargaining Impasse A bargaining impasse can occur because:   The settlement ranges of the negotiating parties do not overlap.  One or both sides may have failed to communicate information.  Union leadership did not bargain in good faith.

36. Mullen 2005 What to do if confronted by a union organizer Remove him from your premises Do not accept or touch any representation cards Do not threaten, intimidate, promise or spy (TIPS) Be wary of “SALTS.” Always enforce your “No Solicitation” policy Keep your eyes and ears open for employee changes Meetings Questions on benefits Employee arguments

37. Mullen 2005 How should you handle suspected “SALTS” Treat them as you would any candidate for employment Do not engage in any illegal hiring practices Do not confront Document all actions Do not threaten, intimidate or promise Search and find the best candidate

38. Mullen 2005 Three way to avoid a union  Positive labor relations without a union  Legal campaigns  Unfair labor practices (union busting)

39. Mullen 2005 Typical Unfair Labor Practices “TIPS” Failure to bargain in good faith Wildcat strikes Arbitrary Lockouts Permanent replacement of workers during a legal strike Causing an employer to discriminate Charging excessive dues or fees Organizational or informational picketing Management giving financial assistance to the union Secondary boycott or jurisdictional strikes Featherbedding

40. Mullen 2005