Chapter 32 Labor Law and Collective Bargaining

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. The right of workers to form, join, and assist labor unions is a statutorily protected right in the United States. 32-2 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. Learning Objectives Describe how a union is organized Explain the consequences of an employer’s illegal interference with a union election Describe the process of collective bargaining Describe employees’ rights to strike and picket Explain labor’s bill of rights 32-3 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Federal Labor Union Statutes Norris-LaGuardia Act National Labor Relations Act Labor-Management Relations Act Labor-Management Reporting and Disclosure Act Railway Labor Act 32-4 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. Organizing a Union Employees have right to: Form, join, and assist labor organizations Bargain collectively through chosen representatives Engage in concerted activity to promote these rights Bargaining unit must be defined before union petitions for election 32-5 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Types of Union Elections Contested election: contested by the employer Consent election: not contested by the employer Decertification election: employees may wish to dissolve union 32-6 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Union Solicitation on Company Property Employer may restrict solicitation activities by employees to nonworking areas during employees’ free time Nonemployees may be prohibited from soliciting on behalf of the union anywhere on company property Inaccessibility exception: permits employees to engage in union solicitation on company property, if they are beyond reach of the union 32-7 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Case 32.1: U.S. Supreme Court Organizing a Labor Union Lechmere, Inc. v. National Labor Relations Board 502 U.S. 527, 112 S.Ct. 841, 117 L.Ed.2d 79, Web 1992 U.S. Lexis 555 Supreme Court of the United States Issue May a storeowner prohibit nonemployee union organizers from distributing leaflets in a shopping mall parking lot owned by the store? 32-8 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Illegal Interference with an Election Unfair labor practice for employer to interfere with, coerce, or restrain employees from exercising their statutory right to form and join unions Unions prohibited from engaging in unfair labor practices that interfere with a union election 32-9 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Collective Bargaining Act of negotiating contract terms between an employer and the members of a union Subjects of collective bargaining: Compulsory subjects: wage, hours, and other terms and conditions of employment Permissive subjects: not compulsory or illegal Illegal subjects: cannot be negotiated or agreed upon 32-10 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Union Security Agreements Closed shop: employer agrees to hire only employees who are already members of a union Union shop: employer may hire anyone whether he belongs to a union or not, but the employee must join the union within a certain time period Agency shop: employer may hire anyone whether she belongs to a union or not, but the employee must pay an agency fee to the union 32-11 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. Strikes A union can call a strike: If a collective bargaining agreement cannot be reached To obtain economic benefits To correct an unfair labor practice Union members refuse to work during a strike 32-12 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. Cooling-Off Period A mandatory sixty days’ notice before a strike can commence Gives the employer and union enough time to negotiate a settlement Illegal for a strike to commence during the sixty- day period 32-13 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. Illegal Strikes Violent strikes Sit-down strikes Partial or intermittent strikes Wildcat strikes Strike in violation of no-strike clause 32-14 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Crossover and Replacement Workers Crossover workers: employees who choose not to strike or return to work after joining the strikes Replacement workers: hired on temporary or permanent basis to take the place of the striking employees 32-15 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. Employer Lockout Employer Lockout Act of the employer to prevent employees from entering the work premises when the employer reasonably anticipates a strike. 32-16 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. Picketing Strikers walking in front of the employer’s premises, carrying signs announcing their strike Picketing is lawful unless it: Is accompanied by violence Obstructs customers from entering employer’s place of business Prevents entry of nonstriking employees Prevents pickups and deliveries at employers place of business 32-17 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Secondary Boycott Picketing Unions try to bring pressure against an employer by picketing the employer’s suppliers or customers Lawful only if it is product picketing, that is, picketing against the employer’s product Illegal, if directed against the neutral employer 32-18 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Internal Union Affairs Unions may adopt internal union rules to regulate the operation of the union, acquire and maintain union membership, and the like Subject to Landrum-Griffin Act’s labor bill of rights. Each union member has equal rights and privileges to: Nominate candidates for union office Vote in elections Participate in membership meetings 32-19 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Internal Union Affairs A union may discipline members for: Walking off the job in a nonsanctioned strike Working for wages below union scale Spying for an employer Any other unauthorized activity that has an adverse economic impact on the union 32-20 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 32-21 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.