Unions, Employers and the Law Class

Administrative Reading for next class – Size and Structure of the Labor Movement – 2 readings both in B&L

Review Growth of contingent employment and growth of sweat shops Unionization among graduate teaching assistants Developments in the AFL-CIO including the split of 2005

Today Traditional Approach of Employers Union Organizing, Collective Bargaining and the Law Contemporary Management Approaches Impact on Likelihood of Unionization

I. Traditional Employer Approaches to Unions and Bargaining How did employers respond to unionization in the 19th century? How about in the 20th century?

II. The Law Rights of representation and to engage in bargaining Majority rule

Elections To be free of restraint or coercion Employers free to express opinions about unionization but not to engage in victimization of employees before, during or after union organizing campaign

III. Contemporary Management Approaches Try to avoid employees even discussing unionization Use of consultants Fire and harass union activists Use of threats and intimidation

Contemporary Management Approaches If union wins Legal delays December 2001 Bush Administration repealed rule that government agencies can refuse to grant federal contracts to companies that don’t comply with labor, environmental and consumer protection laws

The EnerSys case In 1995 IUE won an election at EnerSys 2004 lawsuit: EnerSys sued its anti-union law firm, Jackson Lewis Each blamed the other for illegal activity Testimony about law suit led to 120 ULP charges against EnerSys for campaign to decertify the union Company settled back claims for $7.75 million. However, it has closed the plant

IV. Impact on Unionization Increasing acceptability of employers deliberately violating the law Hypocrisy of employers as guardians of free choice Unions have tried to avoid NLRB election process

Next Time Size and Structure of the Union Movement