Labor Law and Collective Bargaining Chapter 11
Copyright © 2007 Thomson Delmar Learning Objectives Define –Collective bargaining –Bargaining in good faith –Past practice –Strike –Union shop –Closed shop
Copyright © 2007 Thomson Delmar Learning Define –Open shop –Dues check-off –Agency shop –Fair-share agreement –Maintenance of membership –Right-to-work Objectives
Copyright © 2007 Thomson Delmar Learning Explain the primary differences between private sector labor relations and public sector labor relations. Identify and explain three categories of subjects for collective bargaining: –Mandatory, prohibited, and permissive Objectives
Copyright © 2007 Thomson Delmar Learning Explain dispute resolution mechanisms used for three types of impasse disputes: – Representational, interest, and grievance Explain the duty of fair representation. Explain how Weingarten and Garrity rights serve to protect employees. Objectives
Copyright © 2007 Thomson Delmar Learning Collective Bargaining Process –Employer and duly appointed representatives of the employees negotiate an agreement –Pertaining to wages, hours, and other terms and conditions of employment
Copyright © 2007 Thomson Delmar Learning Labor Relations Acts Groundwork for collective bargaining –Private sector National Labor Relations Act (NLRA) –Public sector State law Vast differences between states
Copyright © 2007 Thomson Delmar Learning Good-Faith Bargaining Active participation in deliberations Intention to find a basis for agreement Sincere effort to reach common ground Does not require either party to make a concession
Copyright © 2007 Thomson Delmar Learning Unfair Labor Practice Defined in Labor Relations Act Authorizes labor board to impose sanctions and orders for violations
Copyright © 2007 Thomson Delmar Learning Impasse Disputes Representation Interest Grievance
Copyright © 2007 Thomson Delmar Learning Representational Impasse Disputes Who can join a union Which union may represent certain employees Appropriate bargaining units
Copyright © 2007 Thomson Delmar Learning Interest Impasse Disputes Impasse related to negotiation of a collective bargaining agreement Public sector –Mediation –Fact-finding –Arbitration
Copyright © 2007 Thomson Delmar Learning Interest Arbitration Voluntary Compulsory binding Final offer
Copyright © 2007 Thomson Delmar Learning Single arbitrator or arbitration panel Authority of arbitrator(s) Appeals of arbitration awards Interest Arbitration
Copyright © 2007 Thomson Delmar Learning Grievance Impasse Disputes Allegation of violation of collective bargaining agreement Grievance arbitration Judicial enforcement
Copyright © 2007 Thomson Delmar Learning Arbitration Steelworker Trilogy –Substantive –Procedural Grievance belongs to the union, not the member
Copyright © 2007 Thomson Delmar Learning Scope of Collective Bargaining Wages, hours, and other terms and conditions of employment Three subjects 1.Mandatory 2.Permissive 3.Prohibited
Copyright © 2007 Thomson Delmar Learning Collective Bargaining Impact bargaining Unilateral changes to workplace Past practices
Copyright © 2007 Thomson Delmar Learning Union Security Provisions Dues check-off Closed shop Union shop Maintenance of membership Agency shop Fair share Right-to-work state
Copyright © 2007 Thomson Delmar Learning Duty of Fair Representation Exclusive bargaining representative Fair representation –Cannot be arbitrary, discriminatory, or act in bad faith Liability
Copyright © 2007 Thomson Delmar Learning Strikes Any concerted stoppage, slowdown, or interruption of work Includes sick-outs and organized refusals to work Common law prohibited strikes by public employees –States differ
Copyright © 2007 Thomson Delmar Learning Weingarten Rights Right to have union representation at any investigatory or disciplinary meeting or hearing Employee must request
Copyright © 2007 Thomson Delmar Learning Garrity Rights Right of a public employee –When ordered to answer questions about a job- related matter under threat of discipline If matter may tend to incriminate the employee Employee must invoke Employer has to choose
Copyright © 2007 Thomson Delmar Learning Polygraphs Polygraph examinations are of limited usefulness Not admissible as evidence in many jurisdictions Many states have laws prohibiting employers from requiring employees to submit to polygraphs
Copyright © 2007 Thomson Delmar Learning Summary Collective bargaining Labor relations acts Bargaining in good faith Unfair labor practice Impasse disputes Scope of bargaining
Copyright © 2007 Thomson Delmar Learning Duty of fair representation Union security Strikes Weingarten rights Garrity rights Summary