Some Effects of the Law on Unions and Management The Consequence of the Law For 130 years the government and the courts were strongly supportive of employers in their efforts to fight and prevent unions.

THE CONSEQUENCE OF THE LAW However, despite anti-union activities of the courts and the government, strong unionization did develop and become accepted in a number of industries.

THE CONSEQUENCE OF THE LAW The Wagner Act established a positive Public Policy environment for unions, Taft-Hartley was enacted to counter some of the perceived over- correction of the Wagner Act.

THE CONSEQUENCE OF THE LAW Much of the Actual Interpretation and Application of These Two Acts is Left to the NLRB and the Courts Who do More to Determine the Impact of the Law Than the Words of the Legislation.

REGULATION OF CERTIFICATION CAMPAIGNS n 30% Interest - of employees in a unit appropriate for collective bargaining n The appropriate unit is determined by the NLRB n The larger the unit the less likely the union will prevail

NLRB ESTABLISHES THE RULES OF CONDUCT n Excelsior lists n Threats and promises n Forged documents n Cannot reproduce copies of the official ballot

NLRB ESTABLISHES THE RULES OF CONDUCT n Racial, religious, and ethnic slurs n 24 Hour Speech Rule n Captive audience speeches n Delays favor management

THE LAW and BARGAINING POWER There is a Right to Strike AND Concurrently there is a Right to Operate during a strike with replacement workers

THE LAW and BARGAINING POWER The Standard Power Relationship in Collective Bargaining IS The Effective Primary Strike

THE EFFECTIVE PRIMARY STRIKE n Complete shutdown n No work, no production n Cost high to both sides

THE PARTIAL STRIKE n The Use of replacement workers n Slowdowns n Off-Again-on-Again Strikes

LOCKOUTS n Management's strike n Limited legal use n Current environment favorable

SECONDARY BOYCOTTS A Boycott normally refers only to the withholding of purchases or sales of commodities.

SECONDARY BOYCOTTS A Secondary Boycott is conducted indirectly against the primary party through action against some other “Third” party. They Are Illegal

SECONDARY BOYCOTTS n Informational picketing is allowed n NLRB files all Secondary Boycott actions for employers

SECONDARY BOYCOTTS Damage suits for unfair practices work in one direction only Employers

PICKETING n Legalized by Norris-LaGuardia n Adjunct to other organizational or bargaining tactics n Keeps out line-crossers n Essential to weak unions

PICKETING n Mass picketing is illegal n Stranger picketing n Informational picketing n Consumer boycotts n Common-Situs picketing

UNION and MANAGEMENT SECURITY Fundamental Conditions of Union Security That the union exist and That the union be accorded representation rights

FUNDAMENTAL CONDITIONS OF UNION SECURITY The law has made raiding more difficult and it Requires employers to recognize unions and bargain with them in Good Faith

FUNDAMENTAL CONDITIONS OF UNION SECURITY n Contract Bar Up to Three Years n Membership and Dues

MEMBERSHIP and DUES n Closed - Union - Open Shops n Hiring Hall Arrangements n Maintenance of Membership n Agency Shop n Dues Check-Off n Union Shop Deauthorization n Decertification Elections

“RIGHT-TO-WORK” LAWS Section 14 (b) of the Taft-Hartley Act permits individual states to outlaw all forms of compulsory union membership

“RIGHT-TO-WORK” LAWS State law preempts federal law when It eliminates or tones down union security statutes Federal law preempts state law when state law attempts to strengthen union security statutes

UNION’S ABILITY TO FUNCTION n Two major union responsibilities : u Formulate and implement bargaining strategy u Uphold its side of the contract Made difficult by legal restraints on internal discipline

MANAGEMENT SECURITY Neither state nor federal law deal with management security However Management rights clauses are mandatory subjects of bargaining

ATTITUDES TOWARD BARGAINING The general tone of a relationship and the atmosphere in which it exists develop as a consequence of behaviors on both side of the bargaining table.

ATTITUDES TOWARD BARGAINING There are Four Types of Relationships: u Conflict u Power u Accommodation u Cooperation

CONFLICT n Strong opposition n Active discrimination n Whatever-It-Takes to win n Characteristic of small to medium firms

POWER n Unions are undesirable but open hostility ceases n Try to keep the union weak n Push bargaining power to the limits n Relationships tend to be caustic and strident

ACCOMMODATION n Accepts union as legitimate and seeks the best possible relationship n Management works at maintaining good Relationships with the union n Neither side challenges the security of the other n Management shuts down during strikes

COOPERATION n Brings the union and its members directly into the process of improving productivity and morale n The union ceases being an adversary and becomes a partner n Bargaining shift from issue based to interest based (Win-Win)

Does the Law Foster “Mature” Bargaining? EMPLOYEE PARTICIPATION EMPLOYEE INVOLVEMENT TQM’s vs LABOR LAW