1. Unions, Employers and the Law
Class

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

3. 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

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

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

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

7. 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

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

9. 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December 2001 Bush Administration repealed rule that government agencies can refuse to grant federal contracts to companies that don’t comply with labor, environmental and consumer protection laws

10. 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

11. 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

12. Next Time
Size and Structure of the Union Movement