HFT 2220 Chapter 14 Unions

Federal Labor Laws Regarding Unions Clayton Act (1914) Clayton Act (1914) Norris-Laguardia Act (1932) Norris-Laguardia Act (1932) Wagner Act (1935) Wagner Act (1935) Taft-Hartly Act (1947) Taft-Hartly Act (1947) Landrum-Griffin Act (1959) Landrum-Griffin Act (1959)

Clayton Act First of the labor laws First of the labor laws Enabled employees to legally strike Enabled employees to legally strike Enabled employers to file for injunctions Enabled employers to file for injunctions

Norris-LaGuardia Act Specifies conditions for employer to file for an injunction Specifies conditions for employer to file for an injunction Unlawful acts must have been threatened or occurring Unlawful acts must have been threatened or occurring Substantial damage possible Substantial damage possible Damage must be greater if injunction is denied Damage must be greater if injunction is denied No adequate remedies in damages No adequate remedies in damages Local police unable or unwilling to provide protection Local police unable or unwilling to provide protection Also prohibits “yellow dog” contracts Also prohibits “yellow dog” contracts

Wagner Act National Labor Relations Act National Labor Relations Act Established NLRB Established NLRB Set forth definition of unfair labor practices Set forth definition of unfair labor practices Labor practices regarding union organization, collective bargaining, or application of company practices Labor practices regarding union organization, collective bargaining, or application of company practices

Taft-Hartly Act Extended governmental intervention into labor relations Extended governmental intervention into labor relations Closed shops Closed shops Illegal – must join union before employment Illegal – must join union before employment Union shops Union shops Must join union after employed Must join union after employed

Landrum Griffin Act Labor Management Reporting and Disclosure Act Labor Management Reporting and Disclosure Act Regulate internal affairs of unions Regulate internal affairs of unions Ensure union democracy by preventing unethical collusion between union and company Ensure union democracy by preventing unethical collusion between union and company Protect union funds Protect union funds

Unfair Labor Practices - Management Management cannot Management cannot Offer a promotion or raise if the employees stays out of the union Offer a promotion or raise if the employees stays out of the union Discriminate against any employee in any manner for joining a union Discriminate against any employee in any manner for joining a union Refuse to hire a person if they belong to a union Refuse to hire a person if they belong to a union Not bargain in good faith over union demands Not bargain in good faith over union demands Harass an employee who files a grievance with the union Harass an employee who files a grievance with the union Give wage increases to employees who are considering a union Give wage increases to employees who are considering a union

Unfair Labor Practices - Unions Unions cannot: Unions cannot: Make harmful threats to a non-striking worker Make harmful threats to a non-striking worker Fire union members for crossing a picket line in an unlawful strike Fire union members for crossing a picket line in an unlawful strike Cause an employer to discriminate against an employee Cause an employer to discriminate against an employee Make acts of force, violence or threats Make acts of force, violence or threats Coerce an employee on their choice of representation Coerce an employee on their choice of representation Charge excessive or discriminatory dues as a condition of union membership Charge excessive or discriminatory dues as a condition of union membership

Types of Unions American Federation of Labor (AFL) American Federation of Labor (AFL) Craft union Craft union Helped establish the 8 hour workday Helped establish the 8 hour workday Congress of Industrial Organizations (CIO) Congress of Industrial Organizations (CIO) Organized employees of same industry Organized employees of same industry

Conditions Encouraging Employee Interest in Unions Inappropriate wages Inappropriate wages Earning flexibility Earning flexibility Unpleasant environment Unpleasant environment Job insecurity Job insecurity No respect No respect Discrimination Discrimination Favoritism Favoritism Inconsistent Discipline Inconsistent Discipline Employee feels taken advantage of Employee feels taken advantage of Poor communications Poor communications

Signs of Union Activity Presence of unfamiliar faces Presence of unfamiliar faces Anyone making a list of employee names Anyone making a list of employee names Groups of employees in conversation until management appears Groups of employees in conversation until management appears New informal groups with leaders New informal groups with leaders Sudden increase in questions Sudden increase in questions Small gatherings of employees Small gatherings of employees Gossip among disgruntled employees Gossip among disgruntled employees

Union Certification-Currently 30 % of employees sign cards requesting election 30 % of employees sign cards requesting election Petition filed with NLRB Petition filed with NLRB Election held by NLRB Election held by NLRB Secret Ballot Secret Ballot To certify union, 50% plus one of all voting employees To certify union, 50% plus one of all voting employees Once certified, employer is legally bound to recognize and negotiate with the union Once certified, employer is legally bound to recognize and negotiate with the union Unlimited bargaining time Unlimited bargaining time Can decertify after 1 year Can decertify after 1 year If union loses the election, must wait one year before organizing again If union loses the election, must wait one year before organizing again

Pending Legislation-EFCA Employee Free Choice Act Employee Free Choice Act No more secret ballot No more secret ballot Card check Card check Changes the rules of bargaining Changes the rules of bargaining Mandatory mediation after 90 days Mandatory mediation after 90 days Mandatory arbitration after 120 days Mandatory arbitration after 120 days Increases penalties against employers Increases penalties against employers Treble back pay wages Treble back pay wages $20,000 fine per occurance $20,000 fine per occurance

Collective Bargaining The negotiation process between the union and management during which contracts are developed The negotiation process between the union and management during which contracts are developed Taft-Hartly Act defines failure to bargain in good faith if either party: Taft-Hartly Act defines failure to bargain in good faith if either party: Fails to provide relevant information Fails to provide relevant information There is surface bargaining (going through the motions) There is surface bargaining (going through the motions) Refuses to compromise at the outset of negotiations Refuses to compromise at the outset of negotiations

Processes Grievance Grievance Formal complaints or concerns filed by employee against management. Procedure specified in contract Formal complaints or concerns filed by employee against management. Procedure specified in contract Mediation Mediation Third party helps union and management meet and reach a voluntary agreement. Non-binding Third party helps union and management meet and reach a voluntary agreement. Non-binding Arbitration Arbitration Third party helps settle a labor dispute. Decision is binding if both parties agreed ahead of time to be bound by it. All decisions are final. Third party helps settle a labor dispute. Decision is binding if both parties agreed ahead of time to be bound by it. All decisions are final.

Processes Binding arbitration Binding arbitration Arbitration process when the union and management cannot resolve a grievance through negotiations Arbitration process when the union and management cannot resolve a grievance through negotiations Final offer arbitration Final offer arbitration Arbitrator chooses one side or the other. Arbitrator chooses one side or the other. Impasse Impasse Point at which neither the union or management will give up on any point or issue Point at which neither the union or management will give up on any point or issue Boycott Boycott When members of a union refuse to buy products of a company whose union employees are on strike When members of a union refuse to buy products of a company whose union employees are on strike

Strikes Economic strike Economic strike Mandatory issues such as wages or working conditions. Legal. Mandatory issues such as wages or working conditions. Legal. Jurisdictional strike Jurisdictional strike Based on issue of which union will represent employees. Illegal Based on issue of which union will represent employees. Illegal Secondary strike Secondary strike Employees go on strike because employer does business with another company who is on strike. Illegal Employees go on strike because employer does business with another company who is on strike. Illegal Sit down strike Sit down strike Union members stop working but stay on premises. Illegal Union members stop working but stay on premises. Illegal Unfair labor practice strike Unfair labor practice strike Based on managements refusal to bargain collectively or other unfair labor practice. Legal Based on managements refusal to bargain collectively or other unfair labor practice. Legal Wildcat strike Wildcat strike Strike not recognized by the union. Employers can replace union workers and sue the union for damages. Illegal. Strike not recognized by the union. Employers can replace union workers and sue the union for damages. Illegal.