1 The Supervisor's Role in Labor Relations What is Labor Relations? All activities within a company that involve dealing with a union and its members.

2 The Supervisor's Role in Labor Relations What is a Union? An organization that represents workers and seeks to protect their interests through collective bargaining. (less than 15% of U.S. labor force currently belong to a labor union)

3 Why Would a Worker Join a Union? n Higher wages and benefits n Greater job security n Increased opportunity to influence work rules. n Compulsory membership * Union shop * Agency shop * Maintenance of membership n Upset with employer/supervisor

4 National Labor Relations Act (1935) n Guaranteed worker the right to organize and join unions, to bargain collectively, and to act in concert in pursuit of their objectives. n Established election procedures, required management to bargain in good faith, specifically prohibited employers from engaging in certain unfair labor practices, and created the NLRB to administer the act.

5 National Labor Relations Act (1935) Management Unfair Labor Practices n Interfering with, restraining, or coercing employees in the exercise of rights to to join unions, and bargain collectively. n Dominating or interfering with the formation or administration of any labor organization. n Discriminating with anyone because of union activity. n Discharging or otherwise discrimination against any employee for filling charges under the act. n Refusing to bargaining collectively with the representatives chosen by the employees.

6 Labor-Management Relations Act (1947) n Also known as the Taft-Hartley Act. It modified the NLRA with the intent of reducing some of the power the 1935 Act vested in the unions. n Established unfair labor practices for the unions, outlawed the closed shop, declared secondary boycotts illegal, and opened the door for states to legally forbid compulsory union membership by authorizing the states to enact Right-to- Work laws.

7 Labor-Management Relations Act (1947) Union Unfair Labor Practices n Restrain or coerce employees in joining the union or to coerce the employer in selecting bargaining or grievance representatives. n Discriminate against an employee to whom union membership has been denied or to cause an employer to discriminate against an employee. n Refuse to bargain collectively. n Engage in strikes and boycotts for purposes deemed illegal by the act. n Charge excessive or discriminatory fees or due under union-shop contracts.

8 Labor-Management Cooperation During the 1990’s the labor-management environment has been experiencing some new approaches to issue and dispute resolution at both the bargaining table and during the administration of the agreements. Ironically, the principle obstacle to these attempts at promoting and improving labor-management cooperation is the NLRA itself…...

9 A Certified Bargaining Unit n Identifies which employees the union will represent if it wins the representation election. n The NLRB is empowered by the Act to determine the appropriate bargaining unit following their receipt of a petition for representation from a union.

10 A Certified Bargaining Unit n Proper receipt of a petition requires that the union secure signed authorization cards from at least 30% of the employees that it desires to represent. n If management does not voluntarily recognize the union the NLRB will call for a secret-ballot election.

11 A Certified Bargaining Unit n To win the union must get a majority of the votes. A Tie goes to the employer. If the union loses the election it is barred for one year from organizing another campaign with the same workers.

12 Collective Bargaining n A process for negotiating a union contract and for administering the contract after it has been negotiated. n Customarily, negotiations begin when the union delivers a list of demands to management. They end with either an agreement or impasse. (this is an over simplification of the process)

13 Collective Bargaining n Agreements are submitted to the members for ratification and an impasse can lead to continued negotiation, a strike, or a lockout. n A substantial body of law has evolved through court decisions that define the ground rules for bargaining. It clarifies the otherwise ambiguous language of the NLRA.

14 Contract Administration n Almost all collective bargaining agreements contain formal procedures for resolving grievances over the interpretation and application of the contract.

15 Contract Administration n These grievances are sometimes referred to as rights disputes and the dispute resolution process established in the agreements generally provide for some form of internal resolution before proceeding to an impartial third party arbitrator for final and binding resolution.

16 Contract Administration n The Union Steward is an employee who is the elected representative of the employees in a work unit, and is there to protect the rights of union members. Because of his duties he or she will generally enjoy super seniority status while performing the stewards’ duties.

17 Impasse n Economic Strikes n Lockouts n Partial Strikes n Wildcat Strikes n Secondary Boycotts n Striker Replacement

18 Impasse Resolution n FMCS n Mediation n Interest Arbitration n Fact-finding n National Emergency Powers