Union Representation and Collective Bargaining

							 Union Representation
and Collective Bargaining


   Wayne F. Cascio
   Managing People in a Global
   Environment
   January 11, 2008
Factors in Recent Loss of Union
Power

 Global competition
 Nonunion domestic competition
 Deregulation
 The growth of service industries
 Corporate downsizing (depleted
  membership)
 Willingness of firms to move
  operations overseas
Factors in Recent Loss of Union
Power

 Global competition
 Nonunion domestic competition
 Deregulation
 The growth of service industries
 Corporate downsizing (depleted
  membership)
 Willingness of firms to move
  operations overseas
Deregulation of Product and
Service Markets

 Two key challenges created by the
  deregulation of markets

   Market entry is easier

   Low operating costs translate into
    competitive advantages
Effects of Deregulation
 Adaptations are necessary for firms to
  compete:
     Ability to shift rapidly
     Cut costs
     Innovate
     Enter new markets
     Devise a flexible labor-force strategy
Six Fundamental Features of U.S.
Industrial Relations System


 Exclusive representation – one and
  only one union in a given job territory
 Collective agreements that embody a
  sharp distinction between negotiation
  of and interpretation of an agreement
 Decentralized collective bargaining
Six Fundamental Features of the
U.S. Industrial Relations System


 Relatively high union dues and large
  union staffs
 Opposition by both large and small
  employers to union organization
 The role of government
Rules for Union Organizing
Activity
  Well-defined rules govern organizing
   activities
    Employee organizers may solicit fellow
     employees to sign authorization cards on
     company premises, but not during working
     time
    Outside organizers may not solicit on
     premises if a company has an existing policy
     of prohibiting all forms of solicitation, and if
     that policy has been enforced consistently
Rules for Union-Organizing Activity

   Management representatives may
    express their views about unions through
    speeches to employees on company
    premises.
   However, they are legally prohibited
    from interfering with an employee’s
    freedom of choice concerning union
    membership
Management Responses
to the Union Campaign
 Tactical Advantages:
   May use company time and premises to
    stress the positive aspects of the current
    situation
   May emphasize the costs of unionization
    and the loss of individual freedom that
    may result from collective representation
 TIPS – management may not
  threaten, interrogate, promise, or spy
Themes Emphasized by Unions
During Organizing Campaigns


 Ability to help employees satisfy their
  economic and personal needs
 Ability to ensure that workers are
  treated fairly
 Ability to improve working conditions
Union-Security Clauses

   Closed shop
   Union shop
   Preferential shop
   Agency shop
   Maintenance of membership
   Checkoff
Types of Strikes
 Unfair-Labor-Practice Strikes
   Employees given highest degree of
    protection under the Taft-Hartley Act
   Under most circumstances, employees
    are entitled to reinstatement once the
    strike ends
   Management must exercise great caution
     NLRB may become involved
     Company liability may be substantial
Unfair Labor Practices Under the
Taft-Hartley Act of 1947
   By Management:
     Interference with, coercion of, or restraint of
      employees in their right to organize
     Domination of, interference with, or illegal assistance
      of a labor organization
     Discrimination in employment because of union
      activities
     Discrimination because an employee has filed charges
      or given testimony under the act
     Refusal to bargain in good faith
     “Hot cargo” agreements: refusals to handle another
      employer’s products because of that employer’s
      relationship with the union
Unfair Labor Practices Under the
Taft-Hartley Act of 1947

 By a Union:
   Restraint or coercion of employees not
    participating in union activities
   Any attempt to influence an employer to
    discriminate against an employee
   Refusal to bargain in good faith
   Excessive, discriminatory membership
    fees
Types of Strikes

 Economic Strikes
   Strikers have
    limited rights to
    reinstatement
Types of Strikes
 Unprotected Strikes
   Includes all remaining types of work
    stoppages, both lawful and unlawful
   Employees may be discharged by their
    employers
 Sympathy Strikes
   The refusal by employees of one
    bargaining unit to cross a picket line
    of a different bargaining unit
Grievance Procedures
 Grievance Procedures –keystone of I. R.
   Ability to resolve disputed issues while work
    continues without litigation, strikes, or other
    radical dispute-resolution strategies
   Advantages
     Ensures that the complaints and problems of
      workers can be heard, rather than simply
      allowed to fester
     Formal mechanism to ensure due process for all
      parties
Grievance Procedures

 Used to resolve disputes about:
   Interpretation of the bargaining
    agreement
   Potential violations of federal or state law
   Violations of past practices or company
    rules
   Violations of management’s responsibility
     (e.g., to provide safe and healthy working
      conditions)
The U. S. Union Split
 AFL-CIO
   14 million members

 Change-to-Win Coalition
     1/3 of AFL-CIO membership and budget
     Split from AFL-CIO in 2005
     SEIU, UNITE HERE, UFCW
     What does it mean for the future of
      unions?