Chapter 23: Labor Law

Industrial Relations Spring Econ 4490 Blaw 4490 Mgt

What is a union A union -group of workers who choose representatives (a union) to negotiate with the employer about wages, work hours, benefits, workplace health and safety, and other work-related issues which is contained in the collective bargaining agreement and applies to all employees who are in a union. 3

What is a CBA CBA – Contract between the employees represented by the union and the employer Examples – NFL, NHL, NFL Referees Association 4

–Under the US Constitution Supremacy Clause, FEDERAL law takes precedence over state law or local ordinances

Hierarchy of a Union 6

Union Heirarchy – like big companies INTERNATIONAL OFFICE IN DETROIT REGIONAL OFFICE – 11 UAW OFFICES. TN-REGION 8 LOCAL UNION - 16 LOCAL UNION OFFICES IN REG.8 7

International office 8

Make up of a Union - –Local 1853 represents workers a GM Spring Hill – 6200 members and 520 retirees –Local 1929 also represents 52 child care workers at the UAW-DaimlerChrysler Child Development Center located near the plant. 9

Typical Local Office 10

Labor Laws 11

NLRA Private-sector employers and their employees. Employers who affect: 12

National Labor Relations Act Section 7 of the NLRA protects all the following: a. the right to form/join a union b. the right to negotiate a cba c. the right to engage in concerted activities for mutual aid and protection 13

14 NLRA 3 significant objectives: 1.Allowed employees to vote to be represented by a union 2. protect union discrimination and rights 3. Created the NLRB to enforce the law

NLRA The right to engage in concerted activities for mutual aid and protection 15

NLRA Section 7 What does “concerted activity” mean Who is covered under “concerted activity” Engaged "in” or “with the authority or behalf of” 16

FACTS- A construction contractor fired five employees after several of them appeared in a YouTube video complaining of hazardous working conditions. 1. What law 2. Where file 17

Examples Section 7 rights: © 2008 Cengage Learning. All rights reserved. 3–18 An employee speaking to an employer on behalf of a group of co workers about improving workplace conditions A medical technologist at the center was fired for discussing bonuses with other employees.

Real Case- Section 7 rights: FACTS – Employee posted on FB: "They [the employer] are full of They seem to be staying away from me, you know I don't bite my [tongue] anymore, ME....Make my day....“ No other current employees participated in this portion of the conversation.

ENFORCEMENT 20

Union Law and Cases Very unique – does not start in court even though a federal law Goes to NLRB 21

© 2011 Cengage Learning. All rights reserved. 3–22 National Labor Relations Board (NLRB) Like a court system Main office – Washington DC 50 offices ALJ to hear cases Closest Office in Nashville

23 The Decision to Form or Select a Union Preliminary Organizing. –To see if support for a union –Several meetings

Who gets to vote for union Who gets to be in the union?

Employees 1. Employees Not in Union –Supervisors/Managers –Confidential Employees –Plant guards –Independent contractors –Individuals covered by the Railway Labor Act/ Airlines –Public-sector employees

Who is a Supervisor Section 2(11) test : Can they hire, fire, assign work, direct the workforce, discipline independent judgment NOT just make recommendations.

In Common!!!! 2. Must have a COMMUNITY OF INTEREST : 1. Job similarity 2. Geographically

Bargaining Unit Look at job – not person For example, if Wilma retires, and her former position as machinist is then filled by Sam, the bargaining unit does not change—only the people.

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Under the NLRA a union can be representative 1. NRLB conducted secret ballot election; or 2. by voluntary recognition by company – where the union presents authorization cards showing majority of the employees in the proposed bargaining unit want the union to be their exclusive bargaining representative. VW Plant 30

Voluntary Recognition A union that has over 50% signed authorization card can be recognized as the employees representative by card check if employer allows. An employer can refuse to accept the results of a card check election and require a secret ballot election. 31

Filing the petition for election Then union takes cards to NLRB in Nashville and “petition” for an election. What percent? – over 30 percent An elections is held somewhere between the next 30 to 60 days. 32

Petition filed – 60 days until election Both sides campaign for or against –If break law campaigning - call ULP –ULP – file with 33

CAMPAIGN If either side violates NLRA during campaign, it is an ULP which is filed with the National Labor Relations Board 34

Campaign Employer tells union they cannot hand out brochures during lunch but let employees hand out brochures regarding cancer. Legal? 35

Examples of Employers Violations Threatening employees with loss of jobs or benefits if they should join or vote for a union. Spying on union gatherings, or pretending to spy. Handing out “pro employer” cups to see who takes them

DISCRIMINATION 37

Employer cannot discriminate Employer cannot 1.Discriminate, in hiring, firing or in employment with regard to membership in a union or pro or anti union. 2.Where go to file discrimination?

Examples of ULP Discharging employees because they urged other employees to join a union. Writing up employees who support a union Denying promotions because employee supports a union.

40 Election Day Laboratory Conditions – during the election, no campaigning NLRB representative watches Company and union get one person to watch

Election What percentage to win? Over 50% 41

If Union voted in Union employees elect the Bargaining Committee (Executive Board) So they can negotiate CBA 42

43 Collective Bargaining CBA - Process - terms and conditions of employment.. Must negotiate in good faith, but the law does not require that they reach an agreement.

Bargaining If both sides cannot agree – Impasse Employer – NHL, NFL Union - 44

Strikes and Lockouts Impasse – Union strikes OR Employer locks out employees Employer can hire replacement workers (often called “scabs). Often times, the ER and U agree to bring back the “old” employees as part of the negotiations. 45

46 Lockouts Occurs when the employer shuts down to prevent employees from working. When an employer believes a strike is imminent. NFL, NHL locked out by owners.

Right to work law Right to work laws – do not have to join union if do not want to get the benefit of the CBA 47

Decertification Elections If employees do NOT want a union anymore, they file a decertification elections to end union Maybe they want a different union or none at all. 48