Chapter 32 Labor Law and Collective Bargaining

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

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 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 32-3

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

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 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 32-5

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 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 32-6

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 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 32-7

Case 32.1: U.S. Supreme Court Organizing a Labor Union  Case  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? Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 32-8

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 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 32-9

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

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

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