Chapter 23 Unions & the Employment Relationship Andie Mitchell, Alison Reichert, Abby Morgan

Establishment of Unions 23-1 Establishment of Unions

Early Labor Law Early Unions were accused of extorting money from employers Discrimination of unionized workers held up in courts Yellow-dog contracts: When an employee agrees as a condition of employment to not join a union. If an employee joins a union, they could be legally dismissed. Ex-parte Injunction: if employer can show potential injury from a strike, many judges would issue an injunction prohibiting the strike

The Depression Era Unions became popular after the depression Government solidified status of Unions by assuming regulatory responsibility for labor relations

National Labor Relations Board National Labor Relations Board (NLRB) Administers rights given to workers, employers and unions Bargaining units within companies have the right to vote to create a union

Attempting Voluntary Recognition To establish a union as an exclusive bargaining representative for a group of employees, organizers get employees to sign authorization cards Signing an authorization card indicated that that worker would like to be represented by a particular union If enough workers sign the cards, they will approach management and ask to have the union to be recognized as the exclusive bargaining representative

Holding a Certification Election Certification Campaigns If management denies voluntary recognition(right for union to operate without official certification) the union can ask NLRB to hold a representation election If 30% of employees sign the cards, NLRB will assume jurisdiction Bargaining units are broken up by types/classes/levels of workers Certification When the vote passes to create a union within a bargaining unit, the NLRB acknowledges that union as an exclusive bargaining agent Decertification A decertification election can be held to give units different or no representation

Missing Vocab Terms Representative Election: conducted by a union if workers wish to be represented by a union but management will not voluntarily recognize it Right to Work Laws: state laws which prohibit compulsory union membership and ban the union shop, the closed shop, and the agency shop

Negotiating the Employment Contract union shop: non union employees may be hired, but they must join the union within a stated maximum period, usually 30 days agency shop: employees are not required to join a union but they must still pay union dues as a condition of employment

Negotiating the Employment Contract Cont. open shop: employees are not required to belong to a union or pay union dues, it is known as an closed shop: employers require the workers to belong to the recognized union before they can be hired. Closed Shops were outlawed in 1946 by the Labor Management Relations Act (Taft-Hartley Act)

Case Study Joe just graduated from high school and desperately needs a job. He gets a job in construction, which is difficult, but pays well. Then his supervisor told him they have a union shop, and he needs to join, for $210 plus $20 a month. Joe says he can’t afford that. Should Jim be required to join the union?

Yes A union shop means that an employee must join within a certain time of being hired, usually 30 days. In construction, it can be seven days.

Employment Relations in a Unionized Workplace 23-2 Employment Relations in a Unionized Workplace

How is a Labor Contract Negotiated with a Union? Collective bargaining is a procedure requiring labor and management to bargain with each other with fair and open minds. Purpose is to overcome obstacles like wages, hours, and under conditions of employment. Representatives: Company: Management or company lawyers. Unions: Choose their own negotiators. Pay and fringe benefits are most commonly negotiated. Other topics: grievance procedures, hours, overtime, pensions, health care, working conditions, safety issues.

Negotiations A lockout occurs when an employer withholds work from its employees to gain concessions from them and their representatives on an issue. When there is a deadlock in the negotiations, a mediator may be called. A mediation is when a mediator talks with both sides and attempts to achieve a compromise. Not enforceable. Also called a conciliation. Another option is an arbitrator, whose decisions are enforceable.

What are Unfair Labor Practices? Unions are prohibited from taking certain actions against employers or their own members. The National Labor Relations Act (NLRA) and other laws require that employers treat unions fairly. Management should engage in good-faith negotiations with unions. Certain actions of employers are inhibited.

Management’s Unfair Labor Practices Interfering with Employees’ Efforts to Form, Join, or Assist Unions Refusing to deduct union dues for union members, disrupt organizing meetings or to threaten to fire employees to keep them from organizing a union. Dominating a Union or Giving it Financial/Other Support Laws that prohibit management from dominating a union or giving it financial or other support Discriminating in Hiring Firing, & Other Aspects of Employment on the Basis of Union Activity Employers may not blacklist employees who join unions. Employers blacklist employees by placing their names on a list of pro-union persons and sending it to other employers, making it difficult for them to find work Refusing to Bargain in Good Faith with the Union Management must actively participate to reach an agreement/compromise

Unfair Labor Practices by Unions The Taft-Hartley Act and other statutes require that unions treat employees and management fairly Unfair Practices Include: Refusing to bargain collectively in good faith with employer Attempting to force an employer to pay for featherbedding Featherbedding is creating/maintaining unnecessary employment positions/time required to do a job Picketing by an uncertified union is considered unfair Certifying elections are the appropriate method for compelling an employer to bargain It’s also unfair for a union to picket in an effort to force other employees to chose their union for representation within 12 months of losing a valid representation election

Unfair Labor Practices by Unions Continued Engaging in strikes/boycotts prohibited by law Most strikes are legal as long as they aren’t violent Requiring excessive payment or discriminatory fee for initiation into the union Forcing employees to support a union or to restrain employees from supporting a competing union Unions may try to persuade Causing or attempting to cause an employer to discriminate against an employee because of union-related activities

Unfair Labor Practices in Strikes & Boycotts Strike: a collective work stoppage intended to force an employer to alter its position. Economic strike: one where the dispute is over wages, hours, or conditions of employment. An employer may respond by giving away the strikers position to someone else, however if the strike is over an unfair labor practice, the employer must reinstate the striking worker. National Emergency Strike: a work stoppage that endangers national defense of major industries or national health or safety. In result, the President may enforce an 80 day cooling-off period in the dispute causing the crisis.

Unfair Labor Practices in Strikes & Boycotts Continued Boycott: a concerted refusal to buy or use an entity’s products or services in order to obtain concessions. Primary boycott: an action by an employer’s workers to induce customers or others not to purchase, use, handle, or transport the goods of the employer, this practice is legal. Secondary boycotts: made illegal by the NLRA, direct customers to refrain from purchasing products and services of a third party that continues to do business with the struck party.