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Collective Bargaining Overview

 National Labor Relations Act of 1935

Collective Bargaining Overview  National Labor Relations Act of 1935  Mandatory subjects of bargaining

Collective Bargaining Overview  National Labor Relations Act of 1935  Mandatory subjects of bargaining  Key players involved in collective bargaining

Collective Bargaining Overview  National Labor Relations Act of 1935  Mandatory subjects of bargaining  Key players involved in collective bargaining  Collective bargaining structures

Collective Bargaining Overview  National Labor Relations Act of 1935  Mandatory subjects of bargaining  Key players involved in collective bargaining  Collective bargaining structures  Taft-Hartley Act

Collective Bargaining Overview  National Labor Relations Act of 1935  Mandatory subjects of bargaining  Key players involved in collective bargaining  Collective bargaining structures  Taft-Hartley Act  Union rights when employers defy collective bargaining requirements

Collective Bargaining Overview  National Labor Relations Act of 1935  Mandatory subjects of bargaining  Key players involved in collective bargaining  Collective bargaining structures  Taft-Hartley Act  Union rights when employers defy collective bargaining requirements  Right to work vs. free states

Collective Bargaining Overview  National Labor Relations Act of 1935  Mandatory subjects of bargaining  Key players involved in collective bargaining  Collective bargaining structures  Taft-Hartley Act  Union rights when employers defy collective bargaining requirements  Right to work vs. free states  Collective bargaining process

Collective Bargaining Overview  National Labor Relations Act of 1935  Mandatory subjects of bargaining  Key players involved in collective bargaining  Collective bargaining structures  Taft-Hartley Act  Union rights when employers defy collective bargaining requirements  Right to work vs. free states  Collective bargaining process  Filing a grievance

1935 National Labor Relations Act (Wagner Act)

 In 1935 Congress passed the National Labor Relations Act (also called the Wagner Act)

Benefits of a Collective Bargaining Agreement

 Right for private employees to form and join unions to bargain collectively with management

Benefits of a Collective Bargaining Agreement  Right for private employees to form and join unions to bargain collectively with management  Collective voice in determining: –Wages (including healthcare) –Hours –Working conditions

Benefits of a Collective Bargaining Agreement  Right for private employees to form and join unions to bargain collectively with management  Collective voice in determining: –Wages (including healthcare) –Hours –Working conditions  Legally binding agreement between employer and union

Mandatory Subjects of Bargaining

COMPENSATION  Wages –Salaries –Overtime –Profit sharing/stock options –Sick leave/vacation/holidays

Mandatory Subjects of Bargaining COMPENSATION  Wages –Salaries –Overtime –Profit sharing/stock options –Sick leave/vacation/holidays  Benefits –Health –Pension

Mandatory Subjects of Bargaining COMPENSATION  Wages –Salaries –Overtime –Profit sharing/stock options –Sick leave/vacation/holidays  Benefits –Health –Pension  Working conditions –Seniority –Layoff/promotion/ transfer policies –Management rights –Union rights

Mandatory Subjects of Bargaining COMPENSATION  Wages –Salaries –Overtime –Profit sharing/stock options –Sick leave/vacation/holidays  Benefits –Health –Pension  Working conditions –Seniority –Layoff/promotion/ transfer policies –Management rights –Union rights  Hours  Scheduling procedures & requirements

Subjects of Collective Bargaining  Can be: –Mandatory

Subjects of Collective Bargaining  Can be: –Mandatory –Permissive

Subjects of Collective Bargaining  Can be: –Mandatory –Permissive –Illegal

Provisions of Wagner Act

 Unfair Labor Practices

Provisions of Wagner Act  Unfair Labor Practices  National Labor Relations Board (NLRB)

Collective Bargaining Committees

 Representatives of the company management and the local union or bargaining unit collectively bargain union contracts.

Collective Bargaining Committees  Representatives of the company management and the local union or bargaining unit collectively bargain union contracts.  Typical members from the management bargaining team:

Collective Bargaining Committees  Representatives of the company management and the local union or bargaining unit collectively bargain union contracts.  Typical members from the management bargaining team: –Attorney

Collective Bargaining Committees  Representatives of the company management and the local union or bargaining unit collectively bargain union contracts.  Typical members from the management bargaining team: –Attorney –Human Resources representative

Collective Bargaining Committees  Representatives of the company management and the local union or bargaining unit collectively bargain union contracts.  Typical members from the management bargaining team: –Attorney –Human Resources representative –Employer selected upper and mid-level managers

Collective Bargaining Committees  Representatives of the company management and the local union or bargaining unit collectively bargain union contracts.  Typical members from the management bargaining team: –Attorney –Human Resources representative –Employer selected upper and mid-level managers –Employers association representative

Collective Bargaining Committees  Representatives of the company management and the local union or bargaining unit collectively bargain union contracts.  Typical members from the management bargaining team: –Attorney –Human Resources representative –Employer selected upper and mid-level managers –Employers association representative –Finance representative

Collective Bargaining Committees  Typical members from the union bargaining team:

Collective Bargaining Committees  Typical members from the union bargaining team: –Staff representative from the local or international union

Collective Bargaining Committees  Typical members from the union bargaining team: –Staff representative from the local or international union –Local union officers

Collective Bargaining Committees  Typical members from the union bargaining team: –Staff representative from the local or international union –Local union officers –Bargaining union shop steward

Collective Bargaining Committees  Typical members from the union bargaining team: –Staff representative from the local or international union –Local union officers –Bargaining union shop steward –Members of the local union bargaining committee

Collective Bargaining Structures

 Decentralized bargaining: occurs at a single worksite with a limited number of employees

Collective Bargaining Structures  Decentralized bargaining: occurs at a single worksite with a limited number of employees  Management bargaining team may include:

Collective Bargaining Structures  Decentralized bargaining: occurs at a single worksite with a limited number of employees  Management bargaining team may include: –An attorney, HR representative and an upper level management including finance.

Collective Bargaining Structures  Decentralized bargaining: occurs at a single worksite with a limited number of employees  Management bargaining team may include: –An attorney, HR representative and an upper level management including finance.  Union bargaining team may include:

Collective Bargaining Structures  Decentralized bargaining: occurs at a single worksite with a limited number of employees  Management bargaining team may include: –An attorney, HR representative and an upper level management including finance.  Union bargaining team may include: –Bargaining unit officers, bargaining unit negotiations committee and a local union representative.

Collective Bargaining Structures  Skilled trade bargaining: occurs with workers that are trained and certified to work in a specific skilled trade in a geographical region and a contractors association.

Collective Bargaining Structures  Skilled trade bargaining: occurs with workers that are trained and certified to work in a specific skilled trade in a geographical region and a contractors association.  Contractor bargaining team may include:

Collective Bargaining Structures  Skilled trade bargaining: occurs with workers that are trained and certified to work in a specific skilled trade in a geographical region and a contractors association.  Contractor bargaining team may include: –An attorney, contractors’ association representative and contractors on the association negotiations committee.

Collective Bargaining Structures  Skilled trade bargaining: occurs with workers that are trained and certified to work in a specific skilled trade in a geographical region and a contractors association.  Contractor bargaining team may include: –An attorney, contractors’ association representative and contractors on the association negotiations committee.  Union bargaining team may include:

Collective Bargaining Structures  Skilled trade bargaining: occurs with workers that are trained and certified to work in a specific skilled trade in a geographical region and a contractors association.  Contractor bargaining team may include: –An attorney, contractors’ association representative and contractors on the association negotiations committee.  Union bargaining team may include: –Local union representative, local union bargaining team and international union regional representative.

Collective Bargaining Structures  Multi-site bargaining: occurs between the workers that are employed by the same employer at multiple sites and corporate management.

Collective Bargaining Structures  Multi-site bargaining: occurs between the workers that are employed by the same employer at multiple sites and corporate management.  Corporation’s bargaining team may include:

Collective Bargaining Structures  Multi-site bargaining: occurs between the workers that are employed by the same employer at multiple sites and corporate management.  Corporation’s bargaining team may include: –An attorney, HR representative, and corporate management negotiators

Collective Bargaining Structures  Multi-site bargaining: occurs between the workers that are employed by the same employer at multiple sites and corporate management.  Corporation’s bargaining team may include: –An attorney, HR representative, and corporate management negotiators  Union bargaining team may include:

Collective Bargaining Structures  Multi-site bargaining: occurs between the workers that are employed by the same employer at multiple sites and corporate management.  Corporation’s bargaining team may include: –An attorney, HR representative, and corporate management negotiators  Union bargaining team may include: –Local union(s) bargaining representative(s) and local union(s) bargaining team(s) members

Collective Bargaining Law

 National Labor Relations Act of 1935 (Wagner Act)

Collective Bargaining Law  National Labor Relations Act of 1935 (Wagner Act)  War Labor Relations Board

Collective Bargaining Law  Taft-Hartley Act (Labor Management Act of 1947)

Collective Bargaining Law  Taft-Hartley Act (Labor Management Act of 1947) –Bargain in good faith

Collective Bargaining Law  Taft-Hartley Act (Labor Management Act of 1947) –Bargain in good faith –Union to notify employer and public of intent to re-negotiate contract

Collective Bargaining Law  Taft-Hartley Act (Labor Management Act of 1947) –Bargain in good faith –Union to notify employer and public of intent to re-negotiate contract –Employer and union to meet at reasonable times to encourage peaceful resolution

Collective Bargaining Law  Taft-Hartley Act (Labor Management Act of 1947) –Bargain in good faith –Union to notify employer and public of intent to re-negotiate contract –Employer and union to meet at reasonable times to encourage peaceful resolution –Confer in good faith

Collective Bargaining Law  Taft-Hartley Act (Labor Management Act of 1947) –Union and employers to bargain wages, hours and working conditions

Collective Bargaining Law  Taft-Hartley Act (Labor Management Act of 1947) –Union and employers to bargain wages, hours and working conditions –Employers to have a duty to bargain even after filing bankruptcy

Collective Bargaining Law  Taft-Hartley Act (Labor Management Act of 1947) –Union and employers to bargain wages, hours and working conditions –Employers to have a duty to bargain even after filing bankruptcy –Employers to recognize bargaining agreement of business they purchase. The new, successor employer is not bound to the previous owner’s contract with the union, but are obligated to bargain a new contract with the union

Collective Bargaining Law  Taft-Hartley Act (Labor Management Act of 1947) –Targeted unethical practices

Collective Bargaining Law  Taft-Hartley Act (Labor Management Act of 1947) –Targeted unethical practices –Creation of Federal Mediation and Conciliation Services (FMCS)

Collective Bargaining Law

 Taft-Hartley Act – Employer Defies: Union has 3 options:

Collective Bargaining Law  Taft-Hartley Act – Employer Defies: Union has 3 options: –Ask the employer to voluntarily comply

Collective Bargaining Law  Taft-Hartley Act – Employer Defies: Union has 3 options: –Ask the employer to voluntarily comply –File unfair labor practice (ULP) charges against the employer with the Dept. of Labor

Collective Bargaining Law  Taft-Hartley Act – Employer Defies: Union has 3 options: –Ask the employer to voluntarily comply –File unfair labor practice (ULP) charges against the employer with the Dept. of Labor –Declare a ULP strike against the employer

Collective Bargaining Law  Taft-Hartley Act – Employer Defies: Union has 3 options: –Ask the employer to voluntarily comply –File unfair labor practice (ULP) charges against the employer with the Dept. of Labor –Declare a ULP strike against the employer  Grievance

Collective Bargaining Law  Taft-Hartley Act – Employer Defies: Union has 3 options: –Ask the employer to voluntarily comply –File unfair labor practice (ULP) charges against the employer with the Dept. of Labor –Declare a ULP strike against the employer  Grievance  Lock outs

Collective Bargaining Law  Taft-Hartley Act – Employer Defies: Union has 3 options: –Ask the employer to voluntarily comply –File unfair labor practice (ULP) charges against the employer with the Dept. of Labor –Declare a ULP strike against the employer  Grievance  Lock outs  Replacement Workers

Right to Work for Less  22 Right to Work states

Right to Work for Less  22 Right to Work states  Right to work laws

Right to Work for Less  22 Right to Work states  Right to work laws –Right to work states allow non-union member workers to get all the benefits of being a union member without paying union dues.

Right to Work for Less  22 Right to Work states  Right to work laws –Right to work states allow non-union member workers to get all the benefits of being a union member without paying union dues. –State legislated right to work laws ban workers and employers from negotiating union security clauses.

Right to Work for Less  22 Right to Work states  Right to work laws –Right to work states allow non-union member workers to get all the benefits of being a union member without paying union dues. –State legislated right to work laws ban workers and employers from negotiating union security clauses.  Union security clause

Right to Work for Less  22 Right to Work states  Right to work laws –Right to work states allow non-union member workers to get all the benefits of being a union member without paying union dues. –State legislated right to work laws ban workers and employers from negotiating union security clauses.  Union security clause –Does not force workers to join union

Right to Work for Less  22 Right to Work states  Right to work laws –Right to work states allow non-union member workers to get all the benefits of being a union member without paying union dues. –State legislated right to work laws ban workers and employers from negotiating union security clauses.  Union security clause –Does not force workers to join union –Requires workers to pay their fair share for the economic benefits they receive

Right to Work for Less  Fair Share Payment –28 Free States

Right to Work for Less  Fair Share Payment –28 Free States –Nonmember workers in those states are required to pay only a fair share to cover the costs of the union representation BUT not the cost of the union’s political, legislative, social or charitable activities.

Right to Work for Less  Effects of Right to Work

Right to Work for Less  Effects of Right to Work –Average worker in right to work state earns $5,333 less per year than workers in free states (Bureau of Labor Statistics, 2001)

Right to Work for Less  Effects of Right to Work –Average worker in right to work state earns $5,333 less per year than workers in free states (Bureau of Labor Statistics, 2001) –21% fewer workers have healthcare in right to work states than free states (State Rankings 2000, A Statistical View of the 50 United States, Morgan Quinto Press)

Collective Bargaining Process

UNION

Collective Bargaining Process UNION  Form Contract Action Committee (CAC) and plan campaign

Collective Bargaining Process UNION  Form Contract Action Committee (CAC) and plan campaign  Select and train bargaining team

Collective Bargaining Process UNION  Form Contract Action Committee (CAC) and plan campaign  Select and train bargaining team  Define priorities and draft proposals

Collective Bargaining Process UNION  Form Contract Action Committee (CAC) and plan campaign  Select and train bargaining team  Define priorities and draft proposals  Begin negotiations and negotiate ground rules

Collective Bargaining Process UNION  Form Contract Action Committee (CAC) and plan campaign  Select and train bargaining team  Define priorities and draft proposals  Begin negotiations and negotiate ground rules MANAGEMENT  Prepare a contract campaign

Collective Bargaining Process UNION  Form Contract Action Committee (CAC) and plan campaign  Select and train bargaining team  Define priorities and draft proposals  Begin negotiations and negotiate ground rules MANAGEMENT  Prepare a contract campaign  Select and train bargaining team

Collective Bargaining Process UNION  Form Contract Action Committee (CAC) and plan campaign  Select and train bargaining team  Define priorities and draft proposals  Begin negotiations and negotiate ground rules MANAGEMENT  Prepare a contract campaign  Select and train bargaining team  Define priorities and draft proposals

Collective Bargaining Process UNION  Form Contract Action Committee (CAC) and plan campaign  Select and train bargaining team  Define priorities and draft proposals  Begin negotiations and negotiate ground rules MANAGEMENT  Prepare a contract campaign  Select and train bargaining team  Define priorities and draft proposals  Begin negotiations and negotiate ground rules

Collective Bargaining Process UNION  Present proposals MANAGEMENT  Present Proposals

Collective Bargaining Process UNION  Present proposals  Draft counter proposals MANAGEMENT  Present Proposals  Draft counter proposals

Collective Bargaining Process UNION  Present proposals  Draft counter proposals  Present counter proposals MANAGEMENT  Present Proposals  Draft counter proposals  Present counter proposals

Collective Bargaining Process UNION  Present proposals  Draft counter proposals  Present counter proposals  Reach tentative agreement and ratify MANAGEMENT  Present Proposals  Draft counter proposals  Present counter proposals  Reach tentative agreement and ratify

Union Power and Pressures

Union has power when it has:

Union Power and Pressures Union has power when it has:  Active membership

Union Power and Pressures Union has power when it has:  Active membership  Public support

Union Power and Pressures Union has power when it has:  Active membership  Public support  Credibility and honesty

Union Power and Pressures Union has power when it has:  Active membership  Public support  Credibility and honesty  Large share of their industry organized in a geographic region

Union Power and Pressures Union has power when it has:  Active membership  Public support  Credibility and honesty  Large share of their industry organized in a geographic region  Product that is not easily transferable to another region

Union Power and Pressures Union has power when it has:  Active membership  Public support  Credibility and honesty  Large share of their industry organized in a geographic region  Product that is not easily transferable to another region  Highly skilled membership

Union Power and Pressures Union has power when it has:  Active membership  Public support  Credibility and honesty  Large share of their industry organized in a geographic region  Product that is not easily transferable to another region  Highly skilled membership Pressures of bargaining team:

Union Power and Pressures Union has power when it has:  Active membership  Public support  Credibility and honesty  Large share of their industry organized in a geographic region  Product that is not easily transferable to another region  Highly skilled membership Pressures of bargaining team:  Weak US labor laws that favor the employer

Union Power and Pressures Union has power when it has:  Active membership  Public support  Credibility and honesty  Large share of their industry organized in a geographic region  Product that is not easily transferable to another region  Highly skilled membership Pressures of bargaining team:  Weak US labor laws that favor the employer  Low union organization rates

Union Power and Pressures Union has power when it has:  Active membership  Public support  Credibility and honesty  Large share of their industry organized in a geographic region  Product that is not easily transferable to another region  Highly skilled membership Pressures of bargaining team:  Weak US labor laws that favor the employer  Low union organization rates  Threat of outsourcing

Union Power and Pressures Union has power when it has:  Active membership  Public support  Credibility and honesty  Large share of their industry organized in a geographic region  Product that is not easily transferable to another region  Highly skilled membership Pressures of bargaining team:  Weak US labor laws that favor the employer  Low union organization rates  Threat of outsourcing  Employer lockout

Union Rights  Taft-Hartley Act – Employer Defies: Union has 3 options: –Ask the employer to voluntarily comply –File unfair labor practice (ULP) charges against the employer with the Dept. of Labor –Declare a ULP strike against the employer

Filing a Grievance: Arbitrator’s Interpretations

 Filing a grievance

Filing a Grievance: Arbitrator’s Interpretations  Filing a grievance  Clear and unambiguous language

Filing a Grievance: Arbitrator’s Interpretations  Filing a grievance  Clear and unambiguous language  Ordinary and common language

Filing a Grievance: Arbitrator’s Interpretations  Filing a grievance  Clear and unambiguous language  Ordinary and common language  Specific context

Filing a Grievance: Arbitrator’s Interpretations  Filing a grievance  Clear and unambiguous language  Ordinary and common language  Specific context  Contract as a whole

Filing a Grievance

 Item not mentioned is excluded

Filing a Grievance  Item not mentioned is excluded  Bargaining history

Filing a Grievance  Item not mentioned is excluded  Bargaining history  Legal interpretation preferred

Filing a Grievance  Item not mentioned is excluded  Bargaining history  Legal interpretation preferred  Reasonable interpretation preferred

Filing a Grievance  Item not mentioned is excluded  Bargaining history  Legal interpretation preferred  Past practice

Filing a Grievance  Item not mentioned is excluded  Bargaining history  Legal interpretation preferred  Reasonable interpretation preferred  Past practice

Section Review

 National Labor Relations Act of 1935

Section Review  National Labor Relations Act of 1935  Mandatory Subjects of Bargaining

Section Review  National Labor Relations Act of 1935  Mandatory Subjects of Bargaining  Key Players involved in Collective Bargaining

Section Review  National Labor Relations Act of 1935  Mandatory Subjects of Bargaining  Key Players involved in Collective Bargaining  Collective Bargaining Structures

Section Review  National Labor Relations Act of 1935  Mandatory Subjects of Bargaining  Key Players involved in Collective Bargaining  Collective Bargaining Structures  Taft-Hartley Act

Section Review  National Labor Relations Act of 1935  Mandatory Subjects of Bargaining  Key Players involved in Collective Bargaining  Collective Bargaining Structures  Taft-Hartley Act  Union rights when employers defy Collective Bargaining Requirements

Section Review  National Labor Relations Act of 1935  Mandatory Subjects of Bargaining  Key Players involved in Collective Bargaining  Collective Bargaining Structures  Taft-Hartley Act  Union rights when employers defy Collective Bargaining Requirements  Right to work vs. Free states

Section Review  National Labor Relations Act of 1935  Mandatory Subjects of Bargaining  Key Players involved in Collective Bargaining  Collective Bargaining Structures  Taft-Hartley Act  Union rights when employers defy Collective Bargaining Requirements  Right to work vs. Free states  Collective Bargaining Process

Section Review  National Labor Relations Act of 1935  Mandatory Subjects of Bargaining  Key Players involved in Collective Bargaining  Collective Bargaining Structures  Taft-Hartley Act  Union rights when employers defy Collective Bargaining Requirements  Right to work vs. Free states  Collective Bargaining Process  Filing a Grievance