1. THE EVOLUTION OF LABOR UNIONS

2. Chapter Objectives
Describe the partnering of labor and management that is evolving in some sectors.
Describe the labor movement prior to 1930.
Identify the major labor legislation that was passed after 1930.
Explain unionization in the public sector.

3. Chapter Objectives (Continued)
Describe the broad objectives characterizing the labor movement as a whole.
Describe union growth strategies.
Explain the reasons why employees join unions.
Describe the basic structure of the union.

4. Chapter Objectives (Continued)
Identify the steps involved in establishing the collective bargaining relationship.
Explain union strategies in obtaining bargaining unit recognition.
Explain union decertification.
Describe the state of unions today.

5. The Labor Movement Before 1930
Has been neither simple nor straightforward
Evolution of American society from agrarian to industrial economy
Trends favored management
English common law basis
Conspiracy – two or more people banded together to prejudice rights of others or society
How union activity was viewed at that time

6. The Labor Movement Before 1930 (Continued)
Injunction – legal procedures used by employers to prevent union activities, such as strikes and unionization activities
Yellow-dog contract – written agreement between employee and company prohibiting worker from joining a union or union activities

7. The Labor Movement Before 1930 (Continued)
Noble Order of the Knights of Labor – founded as a secret society in 1869; nucleus became American Federation of Labor (AFL)
Samuel Gompers
Sherman Anti-Trust Act (1890) – entrance of federal government into statutory regulation of labor organizations; the first and foremost labor legislation in modern US history
“Trust-busting”, aimed at preventing business monopolies

8. The Labor Movement After 1930
Swing from management toward labor
Anti-Injunction Act (Norris-Laguardia Act) of 1932 – rendered “yellow dog” contracts unenforceable
National Labor Relations Act (Wagner Act or NLRA) of 1935 – ratified in Congress in 1937, still highly influential today
Labor Management Act (Taft-Hartley Act or LMRA) of amended the Wagner Act and sought to rebalance power between labor and the employer; for the first time, created union unfair labor practices
Labor-Management Reporting and Disclosure Act (Landrum-Griffin Act) – 1959 – Precipitated by Congressional hearings on corruption in labor unions, and compelled strong self-policing and oversight of union activities
Homeland Security Act of 2002

9. Anti-Injunction Act (Norris-Laguardia Act) of 1932
Sanctions collective bargaining
Approves formation and operation of labor unions
Severely restricted federal courts’ authority regarding labor disputes
Made yellow-dog contracts unenforceable

10. National Labor Relations Act (Wagner Act) of 1935
National Labor Relations Board (NLRB) created
Establish procedures for and monitoring of elections
Gives employees the right to join and form unions
Delineated employer unfair labor practices
Gives properly certified labor organizations exclusive representation of all employees in the bargaining unit
Investigate complaints and prevent unlawful acts involving unfair labor practices by management

11. Labor Management Relations Act (Taft-Hartley Act) of 1947
Extended concept of unfair labor practices to unions – created six specific union ULP’s
Outlawed the “closed shop” which required membership in the representing union to be hired
Permitted states to enact right-to-work laws
Government intervention in national emergency strikes
Air traffic controllers during the Reagan administration

12. Labor-Management Reporting and Disclosure Act (Landrum-Griffin Act) -- 1959
Bill of rights for union members, including secret ballots, guaranteed due process in internal union discipline matters, and allowed members to sue unions
Requires unions to adopt constitutions, bylaws, and to file annual financial reports
Requires periodic union election of officers using secret ballots
Requires extensive reporting on internal union activities
Severe penalties for violations

13. Homeland Security Act of 2002
New cabinet-level agency responsible for border security, emergency preparedness, biological warfare, intelligence analysis, and protection of the President
President can waive Civil Service collective bargaining rights if direct negotiations with the union fail and the federal mediation service is unable to resolve
Cabinet-level leadership

14. The Public Sector Executive Order 10988 in 1962
Established collective bargaining in federal government

15. Employee Associations
Many employee associations pursuing collective bargaining relationships

16. Union Objectives
Growth – to maximize effectiveness, union needs continual growth
Power – influenced by size of membership and possibility of future growth

17. Union Growth Strategies
Pulling the union through
Political involvement
Union salting
Flooding communities with organizers
Political awareness campaigns
Building organizing funds
Cyberunion
Befriending laid-off workers

18. Why Employees Join Unions
Dissatisfaction with management
Social outlet
Opportunity for leadership
Forced unionization
Peer pressure

19. Dissatisfaction with Management
Compensation
Job Security
Management Attitude

20. Union Structure Local union National (or international) union
American Federation of Labor and Congress of Industrial Organizations (AFL-CIO)

21. Local Union Basic unit in American labor movement
Deals with employer on day-to-day basis
Craft union
Industrial union

22. National (or International) Union
Most powerful level in union structure
Composed of local unions
Holds membership in national union
Governed by national constitution
Meets every two to five years
Active in organizing workers
Engaged in collective bargaining at national level
Assists locals in their negotiations

23. American Federation of Labor and Congress of Industrial Organizations (AFL-CIO)
Federation of 68 national and international labor unions
Represents 13 million members
Represents labor interests at highest level
Does not engage in collective bargaining
Financed by member national unions
Governed by national convention

24. The Structure of the AFL-CIO
Convention Meets biennially
Executive Council President, Secretary-Treasurer, and 33 Vice Presidents Meets at least three times a year
General Board Executive Council members and principal officer of each international union affiliate Meets on call of Federation President or Executive Council
Executive Officers President and Secretary-Treasurer
Department or Organization and Field Services
National Headquarters
Standing Committees
Staff Departments
Regional Directors
Trade and Industrial Departments Building, Food, Metal, and Maritime Trades, Industrial Union, Public and Railway Employees, Union Label
Affiliated National and International Unions
Affiliated State Bodies
Local Unions of National and International Unions
Local Bodies
Local unions affiliated directly with AFL-CIO
Local Dept. Councils

25. Establishing the Collective Bargaining Relationship: Union Certification
Bargaining unit consists of employees (not necessarily union members) recognized by employer or certified by administrative agency as appropriate for representation by labor organization for purposes of collective bargaining

26. Signing of Authorization Cards Election and Certification
The Steps That Lead to Forming a Bargaining Unit External Environment Internal Environment
Signing of Authorization Cards
Petition for Election
Election Campaign
Election and Certification

27. Signing Authorization Cards
A document indicating employee wants to be represented by labor organization in collective bargaining
Is there sufficient interest on the part of employees to justify the unit?
Evidence of interest when at least 30% of employees in workgroup sign authorization cards
Usually need 50% to proceed

28. Petition for Election
After authorization cards have been signed, petition for election made to regional NLRB office
NLRB will ordinarily direct that an election be held within 30 days

29. Election Campaign
Both union and management usually promote their causes actively
Threaten loss of jobs or benefits
Misstate important facts
Incite racial or religious prejudice

30. Election and Certification
NLRB monitors secret-ballot election on date set
Board will issue certification of results to participants
If majority of employees vote for union, NLRB will certify
Process does not require either party to make concessions; it only compels them to bargain in good faith

31. Union Strategies in Obtaining Bargaining Unit Recognition
Try to make first move
Search for groups of employees to organize
Attempts to locate general patterns of dissatisfaction
Must, ultimately, abandon secret activities
Utilize peer pressure to encourage and expand unionization

32. Union Decertification
Essentially the reverse of the process that employees must follow to be recognized as an official bargaining unit
Employees have used decertification petitions with increasing frequency and success

33. Decertification Procedure
Rules established by NLRB
At least 30% must petition for election
Petition submitted days prior to expiration of current contract
Schedule decertification election
If majority of votes against union, employees will be union free

34. Management and Decertification
If management wants union decertified, must be active rather than passive
Effective first-line supervisors
Effective communication
Trust and openness
Effective compensation programs
Effective employee and labor relations

35. Unions Today Fall of Big Labor since 1970s has been dramatic
Unionized share of private sector workforce is 9 percent

36. Percentage of the Private Workforce That is Unionized
Percentage of Workforce 40 40 30 30 20 20 10 10 9
1950
1955
1960
1965
1970
1975
1980
1985
1994
1996
2002
Year