Collective Bargaining Agreement - PowerPoint by noa14673

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									COLLECTIVE
BARGAINING


             1
       Chapter Objectives
 Discuss whether or not an adversarial
  relationship exists between union and
  management.
 Explain labor-management relations
  and individual bargaining.
 Describe labor-management relations
  and collective bargaining.
 Explain the psychological aspects of
  collective bargaining.

                                          2
 Chapter Objectives (Continued)

 Describe the factors involved in
  preparing for negotiations.
 Explain typical bargaining issues.
 Describe the process of negotiating the
  agreement.
 Identify ways to overcome breakdowns
  in negotiations.


                                            3
 Chapter Objectives (Continued)

 Describe what is involved in ratifying the
  agreement.
 Explain factors involved in administering
  the agreement.
 Describe collective bargaining in the
  public sector.




                                               4
Individual Bargaining

        Employment at will –
         unwritten contract
         created when employee
         agrees to work, but no
         agreement exists as to
         how long parties expect
         employment to last


                                   5
Individual Bargaining (Continued)


       Seniority means little
  Concept of supply and demand
        Employment at will




                                    6
Collective Bargaining

           Fundamental to
           management-
           organized labor
           relations in
           United States


                             7
Forms of Bargaining Structures
            One company dealing
             with a single union
            Several companies
             dealing with single union
            Several unions dealing
             with a single company
            Several companies
             dealing with several
             unions
                                         8
Union/Management Relationships


                  Conflict
                  Armed truce
                  Power bargaining
                  Accommodation
                  Cooperation
                  Collusion

                                      9
Collective Bargaining Process
 Preparing for negotiation
 Bargaining issues
 Negotiation
 Negotiation breakdown
 Reaching the agreement
 Ratifying the agreement
 Administration of the agreement
                                    10
Psychological Aspects of
  Collective Bargaining
        Difficult because
         process is an
         adversarial situation
         and must be dealt with
         as such
        Psychological aspects
         vitally important
                              11
Preparing for Negotiations
         The Borg-Warner Doctrine, derived from the
          Supreme Court decision in the case of
          NLRB v. Wooster Division of Borg-Warner
          Corporation (1958), empowered the NLRB
          to categorize bargaining issues as:
         Mandatory - wages, hours, etc.
         Permissive – may be discussed, i.e.,
          representation of the union on the company
          Board of Directors. Also referred to as
          voluntary bargaining
         Prohibited - statutorily outlawed, i.e., closed
          shop or proposing work rules that would
          violate the Civil Rights Act



                                                     12
        Bargaining Issues
Document that results from collective
bargaining process is labor agreement or
contract
               Recognition
           Management Rights
              Union Security
      Compensation and Benefits
          Grievance Procedure
            Employee Security
                                           13
         Recognition
 Appears at the beginning of the
  labor agreement
 Identifies the union that is
  recognized as the bargaining
  representative
 Describes the bargaining unit


                                    14
Management Rights

       Section that is often
       (but not always)
       written into labor
       agreement which
       spells out rights of
       management


                               15
           Union Security
 Closed Shop -Arrangement whereby
  union membership is a prerequisite to
  employment – outlawed by Taft-Hartley,
  modified by Landrum-Griffin to allow for
  the construction industry only
 Union Shop - Requires that all
  employees become members of the
  union after a specified period
 Maintenance of Membership - Must
  continue their memberships until the
  termination of the agreement
                                             16
  Union Security (Continued)
 Agency Shop - Nonunion members pay
  union the equivalent of membership dues as
  a kind of tax
 Exclusive Bargaining Shop - Company
  must deal with union that has achieved
  recognition, but employees are not obligated
  to join
 Open Shop – Equal terms for union
  members and nonmembers
 Dues Checkoff - Company agrees to
  withhold union dues

                                                 17
Compensation and Benefits
          Wage rate schedule
          Overtime and premium
           pay
          Jury pay
          Layoff or severance pay
          Holidays
          Vacation
          Family care
                                     18
      Grievance Procedure
 Means by which employees can voice
  dissatisfaction with specific management
  actions
 Procedures for disciplinary action by
  management
 Termination procedure that must be
  followed


                                         19
Employee Security

            Seniority
            Grievance handling procedures;
             typical model:
                 Complaint of ULP must be initiated
                  within a prescribed time period
                 Normally filed with front-line supervisor,
                  who meets with Ee to attempt to
                  resolve
                 IF unacceptable, union has prescribed
                  time frame to appeal
                 Same basic process, escalated to
                  higher levels of union/mgmt
                 IF unacceptable, then goes to officer
                  level
                 IF unacceptable, then arbitration per
                  labor contract terms




                                                         20
Job-Related Factors

           Many of rules
           governing
           employee
           actions on job
           are included


                            21
Negotiating the Agreement
 Begins with each side presenting
  initial demands
 Suggests a certain amount of
  give and take
 Each side does not expect to
  obtain all demands presented


                                     22
Breakdowns in Negotiations
         Third party intervention
         Union strategies for
          overcoming
          breakdowns
         Management strategies
          for overcoming
          breakdowns

                                 23
Third Party Intervention
             Mediation - neutral party
              comes in when impasse
              has occurred
             Arbitration – impartial
              third party makes binding
              decision to settle dispute
             Sources of mediators and
              arbitrators
                Federal Mediation and
                 Conciliation Service
                 (FMCS), established under
                 Taft-Hartley
                American Arbitration
                 Association (AAA)


                                         24
Union Strategies for Overcoming
    Negotiation Breakdowns
 Strikes – union members refuse to
  work to pressure management in
  negotiations
 Boycotts – union members agree
  to refuse to use or buy firm’s
  products

                                      25
 Management Strategies for
  Overcoming Negotiation
       Breakdowns
 Lockout – keep employees out;
  operate firm by placing management
  and nonunion workers in striking
  workers’ jobs
 Hire replacement for strikers


                                       26
Ratifying the Agreement

      May be more difficult for
       union
      Until approved by majority
       of members, proposed
       agreement is not final



                                    27
Administration of the Agreement

   Larger and perhaps more important
    part of collective bargaining
   Seldom viewed by public
   Agreement establishes the union-
    management relationship for
    duration of the contract


                                        28
Collective Bargaining for
  Federal Employees
              Executive Order 10988 (1962)
               established basic framework of
               collective bargaining in federal
               agencies
              Later transferred to Title VII of the Civil
               Service Reform Act of 1978
                 Established Federal Labor Relations
                  Authority (FLRA), modeled after the
                  NLRB, to manage the process of
                  negotiation with unions that represent
                  federal Ee’s
              Title V of the U.S. Code, which dictates
               personnel rules for federal employees,
               narrows the EO somewhat by taking
               wages off the table, except for U.S.
               Postal Service workers


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