Dealing with Employee- Management Issues and Relationships Chapter Twelve Dealing with Employee- Management Issues and Relationships

Employed Workers In Unions Source: U. S. News & World Report, 3/5/01

Union Membership by Industry (2000) Source: Bureau of Labor Statistics

Poor management/ employee relations Negative organizational climate Why Employees Join Unions Why Employees Don’t Join Unions Pro-union attitudes Poor management/ employee relations Negative organizational climate Poor work conditions Union’s reputation Job security Anti-union attitude Good management/ labor relations Positive organizational climate Good work conditions Union’s reputation Peer pressure TA 12-1 Why Employees Join/Don’t Join Unions 1. This acetate compares reasons why employees either choose to join or not join a union. See what students think about each of these factors and the decision to join or not join a union. 2. Several key decision factors center on work conditions, employee/management relations, and overall organizational climate. This may be a good time to discuss different types of labor agreements. For example, many students will be surprised that in union shop agreements a worker must join the union or face discharge from a job. You can also bring in information concerning labor law and open shop agreements. It’s possible to compare/contrast between open and union shop agreements in discussing this acetate. 3. You might want to use this acetate to discuss such issues as should public employees be permitted to join unions? If yes, should they be permitted to strike? Ask students if they would be inclined to join a union? Why or why not?

History of Labor Unions Craft Unions Knights of Labor AFL CIO Industrial Unions AFL/CIO National Labor Relations Act, 1935 (Wagner Act) skilled specialists unskilled and semi-skilled, by manufacturing sector 1869, all working people 1955, merger 1886, craft unions 1935, industrial unions employee rights

Major Legislation Norris-La Guardia Act, 1932 NLRA (Wagner Act), 1935 Fair Labor Standards Act, 1938 Taft-Hartley Act, 1947 Landrum-Griffin Act, 1959 pro-union, outlawed injunctions, yellow-dog contracts pro-union, right to join unions, collective bargaining minimum wage (25¢) and maximum hours Labor-Management Relations Act permitted right-to-work laws, no closed shops Labor-Management Reporting and Disclosure Act individual rights of union members (anti-corruption)

Objectives of Organized Labor 1970s- Pay/Benefits 1980s- Job Security & Union Recognition 1990s- Job Security/ Global Competition

Organized Labor Issues Right-To-Work Laws & Open Shop opportunity to join or not join a union if available TA 12-4 States With Right-to-Work Laws   1.    This acetate reviews for students the twenty states that have adopted right-to-work laws. In case students are interested, the last state to pass a right-to-work law was the state of Idaho. 2.    In viewing this acetate, it would be a very good time to go over some of the significant labor laws, such as the Wagner Act and the Taft-Hartley Act. You might want to note to students that of all labor legislation passed, labor unions are perhaps most vehemently opposed to provision 14B of the Taft-Hartley Act, permitting states to enact right-to-work laws. Students need to understand that unions may very well be present in right-to-work states but employees are under no obligation to join. If the union negotiates higher wages or other benefits, the non-members of the union, however, also share in the largesse. 3.    See if students favor right-to-work laws and what their general opinions are of labor unions. If the class is somewhat divided, have them debate the pro’s and con’s of union membership. We have had some spirited discussions in our classes. Also, see what they see as the future of labor unions in the United States. Right-To-Work States = 21 Union Security Clauses employees who benefit from union must join or pay dues to the union

Union Agreements Closed Shop (illegal) Union Shop (most) Agency Shop (small %) Open Shop (few) Employers could only hire current union members Joining the union is a condition of keeping job Employees need not join a union, but must pay dues TA 12-4 States With Right-to-Work Laws   1.    This acetate reviews for students the twenty states that have adopted right-to-work laws. In case students are interested, the last state to pass a right-to-work law was the state of Idaho. 2.    In viewing this acetate, it would be a very good time to go over some of the significant labor laws, such as the Wagner Act and the Taft-Hartley Act. You might want to note to students that of all labor legislation passed, labor unions are perhaps most vehemently opposed to provision 14B of the Taft-Hartley Act, permitting states to enact right-to-work laws. Students need to understand that unions may very well be present in right-to-work states but employees are under no obligation to join. If the union negotiates higher wages or other benefits, the non-members of the union, however, also share in the largesse. 3.    See if students favor right-to-work laws and what their general opinions are of labor unions. If the class is somewhat divided, have them debate the pro’s and con’s of union membership. We have had some spirited discussions in our classes. Also, see what they see as the future of labor unions in the United States. Union membership is voluntary

Labor Issues Collective Bargaining Certification Decertification Labor and management form an agreement for workers Process of getting union recognized by NLRB workers take away a union’s right to represent them TA 12-4 States With Right-to-Work Laws   1.    This acetate reviews for students the twenty states that have adopted right-to-work laws. In case students are interested, the last state to pass a right-to-work law was the state of Idaho. 2.    In viewing this acetate, it would be a very good time to go over some of the significant labor laws, such as the Wagner Act and the Taft-Hartley Act. You might want to note to students that of all labor legislation passed, labor unions are perhaps most vehemently opposed to provision 14B of the Taft-Hartley Act, permitting states to enact right-to-work laws. Students need to understand that unions may very well be present in right-to-work states but employees are under no obligation to join. If the union negotiates higher wages or other benefits, the non-members of the union, however, also share in the largesse. 3.    See if students favor right-to-work laws and what their general opinions are of labor unions. If the class is somewhat divided, have them debate the pro’s and con’s of union membership. We have had some spirited discussions in our classes. Also, see what they see as the future of labor unions in the United States.

Resolving Disputes TA 12-5 Grievance Resolution Process   1.   Some students, depending on their background, may be familiar with the grievance process, others will know very little about it. This acetate should help to reinforce the entire class’ understanding. 2.    It’s important for students to know that most labor disputes in the workplace are settled at the first step of the grievance process. Shop stewards and first-line managers play a key role here and generally resolve most grievance issues. Students should know, however, that the grievance process could actually ascend up to the highest level of the union and top corporate officers. 3.   This would be an opportune time to discuss the mediation and arbitration process. Students need to understand that binding arbitration calls for a decision that both sides must abide by.

Mediation/Arbitration Bargaining Zone Mediation/Mediator- suggestions Arbitration- binding decision range of option between initial and final offers third party who encourages continued negotiations binding decision of a third party

Factors That Affect the Collective Bargaining Process Public Sentiment Labor Law State of Economy Union Rep. Mgmt.Rep. Bargaining Topic Goals of Bargaining Parties Issues Being Discussed TA 12-3 Factors that Affect the Collective Bargaining Process 1. This acetate highlights several key issues involved in the collective bargaining process. Students should be reminded that collective bargaining is the life’s blood of the union movement. Historically, labor unions have been limited to collectively bargain only on issues related to job or work conditions. Students can refer to the example in the text of different issues involved in the collective bargaining process. Samuel Gompers, a pioneer of the labor movement, once defined collective bargaining as the process of “equalizing un-equals at a bargaining table.” He felt this was the key objective and achievement of labor unions. This right was earned under the National Labor Relations Act of 1935. 2. Issues such as various labor laws could be addressed at this time. Certainly the National Labor Relations Act (Wagner Act) and the Labor/Management Relations Act (Taft-Hartley Act) are the two most important pieces of legislation in this section. 3. It’s important to inform students that issues in collective bargaining often change. The bargaining topic often relates specifically to outside factors listed on the acetate such as the state of the economy, goals of both parties, and particularly public sentiment. Donald Fehr, the profile in the Getting to Know section is the head of the Player’s Association in Major League Baseball. Some feel there may be another baseball strike in 2002. How would public sentiment affect this issue? You can also note how public sympathy for the Teamsters’ Union helped to end the UPS strike in 1997. 4. Students may question you concerning mediation and arbitration in discussing this acetate. Both topics could be discussed at this juncture or perhaps in the discussion of the next acetate. Precedents in Bargaining

Union Tactics On Strike Strike Sickouts Boycott Primary Secondary public is urged not to buy products of the firm businesses are urged not to do business with the firm

Management Tactics Yellow-Dog Contracts- outlawed Lockouts Injunction Strikebreakers employees agree not to join a union when hired management temporarily closes business (no pay) court ordered return to work workers hired to work during a strike

Controversial Employee-Management Issues Executive Compensation Comparable Worth Sexual Harrassment Child Care Elder Care Aids/Drug Testing, Violence in Workplace Employee Stock Ownership Plans(ESOPs)

CEO Pay as Multiple of Average Worker Pay Source: Executive Excess 2000, Institute for Policy Studies & United for a Fair Economy

Women’s Earnings as % of Men’s by Age Source: Business and Professional Women/USA

Types of Sexual Harassment Gender Harassment Seductive Behavior Sexual Bribery Sexual Coercion Sexual Imposition TA 12-6 Types of Sexual Harassment 1. This acetate lists the different types of sexual harassment that can occur in the workplace. With this issue dominating the news over the past few years, it’s worthwhile to explain the types to students. 2. Here’s how the five types work: Gender harassment includes generalized sexist statements and behavior that convey insulting or degrading attitudes about a person’s sex. Seductive behavior is unwanted, inappropriate and offensive sexual advances. Sexual bribery is the solicitation of sexual activity or other sex-linked behavior by promise of reward. Sexual coercion is similar to sexual bribery only with the threat of punishment such as negative job evaluations, loss of promotions, or threat of termination. Sexual imposition is gross sexual imposition such as forceful touching, feeling, grabbing, or sexual assault

Percentage of Workers Responsible for An Aging Relative TA 12-7 Percentage of Workers Responsible for Aging Relative 1. This acetate highlights a growing problem facing the U.S. workplace. It’s estimated that the number of workers responsible for an elderly relative will double in the next five years. 1998 was the most recent year for data collected. The UB6E web site will be updating such information as it becomes available. 2. You might use this acetate to tackle the issue of proactive behavior versus reactive behavior in the workplace. According to Hewitt Associates, companies they have surveyed are still lacking in offering significant elder care benefits to employees compared to the level of assistance offered in child-care benefits. A similar survey conducted by the Society for Human Resource Management reported that two-thirds of the companies it evaluated were involved in a very limited degree with elder care services. 3. It important for students to review this rather brief but important section in the chapter. Elder caregivers are absent on average 1 1/2 times more often than other employees are. Productivity losses for elder care costs as much as $2,500 per year per care-giving employee. Since elder care providers tend to be older, more experienced workers, the cost to the company is generally higher than the time lost due to child-care. The sad fact is the situation will only get worse in the future.

Major Types of Workplace Violence TA 12-8 Major Types of Workplace Violence 1. Workplace violence is addressed in Chapter 12 and has been a current feature on news broadcasts and in newspapers. We don’t need to remind students about such horrific events as the Columbine massacre. See if students think the workplace is getting more violent. If they answer yes, ask them why it is. 2. As the acetate points out, the major cause of violence occurs with one employee attacking another or an employee attacking a supervisor. The NBA case involving Latrell Sprewell (the player that choked his coach) would be a good example to use here. See what the students think about what he did and was his punishment justifiable. Also, ask students if some jobs don’t lend themselves to workplace violence? See if they can name a few such jobs.

Chapter 12 Terms Negotiated labor management agreement Congress of Industrial Organizations Employee Stock Ownership Plans American Federation of Labor Strike Decertification Strikebreakers Unions Industrial Unions Bargaining zone Arbitration Lockout Agency shop agreement Collective bargaining Secondary boycott Injunction Knights of Labor Closed-shop agreement Certification Givebacks Right-to-work-laws Comparable worth Primary boycott Grievance Union Security Clause Open shop Agreement Craft Union Mediation Union Shop Agreement Yellow-dog contracts Cooling off period Shop steward