Unions Chapter 22

HOW DO STATE AND FEDERAL GOVERNMENTS REGULATE EMPLOYMENT? w The U.S. Constitution gives the federal government certain powers and reserves other powers to the states and to the people themselves w In certain areas both state and federal laws exist. They are usually in harmony, but if there is conflict the federal law prevails.

HISTORY OF LABOR LAWS w Yellow-dog contracts employment contracts in which the employee could be terminated for joining a union w Ex parte injunction an injunction issued by a judge after hearing only one side of an argument

WHAT IS THE NATIONAL LABOR RELATIONS BOARD? w A federal administrative agency that administers the rights and duties given to workers, employer, and unions

HOW ARE UNIONS ESTABLISHED? w Workers need to complete a series of steps. Determine which employees should be represented together. Bargaining unit within a unionized company, any group of employees whose employment contract is negotiated together The organizers must obtain employee signatures on forms asking the NLRB to conduct a representation election

certification when the NLRB acknowledges the union as the exclusive bargaining agent If a union does not obtain a majority, it may not call for another election for one year decertification election employees can reject union representation or select a different union Managerial employees are not permitted to vote or to be represented by a union

HOW DOES UNION CERTIFICATION AFFECT EMPLOYEES? w Whether or not they are union members, all workers in each bargaining unit are bound by the collective agreement reached between the union and the employer. w Workers are not required to join a union unless the employer has agreed to have a union shop.

Union shop nonunion employees may be hired, but they must join the union within a stated maximum period, usually thirty days agency shop employees are not required to join the union, but if they do not, they must nevertheless pay union dues as a condition of employment open shop employees are not required to belong to a union or to pay dues closed shop the employer agrees that workers must belong to the recognized union before they can be hired has been outlawed by the Labor Management Relations Act right-to-work laws these laws prohibit compulsory union membership and ban the union shop, closed shop, and agency shop unions may function but only with open shops

WHAT ARE UNFAIR LABOR PRACTICES BY MANAGEMENT? w Unfair labor practices certain actions of employers that are prohibited unfair labor practice for management to interfere with employees’ efforts to form, join, or assist unions unfair labor practice for management to encourage or to discourage union membership blacklist placing their names on a list of pro-union persons and sending it to other employers with the purpose of making it difficult for the employees to find work unfair labor practice for management to dominate a union or to give it financial or other support unfair labor practice for management to refuse to bargain in good faith with the union

WHAT ARE UNFAIR LABOR PRACTICES BY UNIONS? w Unfair labor practices by unions unfair labor practice for unions to refuse to bargain collectively in good faith with the employer unfair labor practice for unions to attempt to force an employer to pay for featherbedding- payment for services not performed unfair labor practice for uncertified unions to picket to try to force the employer to bargain with that union picket patrol the employer’s property with signs

unfair labor practice for unions to engage in certain kinds of strikes and boycotts strike a work stoppage by a group to force an employer to give in to union demands lockout occurs when an employer temporarily closes down operations to induce the union to agree to the employer’s proposals unfair labor practice for unions to require payment of an excessive or discriminatory fee for initiation into the union unfair labor practice for unions to force or to attempt to force employees to support that union or to restrain employees from supporting competing unions an unfair labor practice for unions to cause or to attempt to cause an employer to discriminate against an employee because of union-related activities

WHAT IS COLLECTIVE BARGAINING? w Collective bargaining the process whereby the union and the employer negotiate a contract of employment that binds both sides deadlocked when the union and employer cannot agree on important issues mediation a mediator talks with both sides and attempts to achieve a compromise

WHEN MAY A UNION STRIKE? w economic strike one where the dispute is over wages, hours, or conditions of employment w unfair labor practice strike one where the dispute is over unfair labor practices w The president of the U.S. has the power to obtain an injunction in federal court forcing a cooling off period of eighty days when a national emergency strike is threatened. cooling-off period cessation of a labor dispute by federal court order for a period of eight days when a national emergency strike is threatened national emergency strike one that involves national defense or major industries, or would have substantial effect on the nations economy

WHEN MAY A UNION BOYCOTT? w boycott a refusal to buy or to use someone’s products or services w primary boycott involves the employees’ refusals to buy their employer’s products or services w secondary boycott boycott directed mainly against third parties who deal with the struck employer