1. Chapter 4 Establishing a Bargaining Unit and the Organizing Campaign
PART II
The Collective Bargaining Process
Chapter 4 Establishing a Bargaining Unit and the Organizing Campaign
4-1
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall

2. Chapter Outline Bargaining unit determination Union structure
Bargaining unit determination in the public sector
Public sector unions
The organizing drive
4-2

3. Chapter Outline (cont.)
Union organizing strategies
Union avoidance strategies by management
Representation election procedures
4-3

4. Bargaining Unit Determination
Appropriate bargaining unit: The group of employees determined by the NLRB to be an appropriate unit for collective bargaining purposes
After a bargaining unit is identified, the employees of that unit have the right to select their bargaining representative, usually a labor union
4-4

5. Bargaining Unit Determination
Bargaining unit: The particular group of employees represented by the union in collective bargaining
Appropriate unit: The basic underlying principle for the NLRB’s determination of an appropriate unit is that only employees having a substantial mutuality of interest in wages, hours, and working conditions can be appropriately grouped in that unit
4-5

6. What Is Collective Bargaining?
Terms of employment generally include:
Price of labor (wages & benefits)
Work rules
Hours of work
Job classification
Effort required
Enforcement & administrative procedures
Management and union rights
4-6

7. Appropriate Bargaining Unit Criteria
Community of interest
History of bargaining
Employee wishes
Employee unionization
The unit and employer organizational structure
Public interest
Accretion
Stipulated units
Supervisors
4-7

8. Types of units Craft units
Composed exclusively of workers having a recognized skill
Distinct from others in the unit by virtue of the skilled, non-repetitive nature of its work
4-8

9. Types of units (cont.) Departmental units
Composed of the members of one department in a larger organization
Separate units created after examining differences in skills, training, degree of common supervision, interchange with employees outside the department, and performance rating system
4-9

10. Types of units (cont.) One employer, multiple locations
A petitioned-for single-facility unit is presumed to be an appropriate bargaining unit if unit has a separate identity
Multiemployer units
Group of related employers and representatives of their workers
Residual units
Odd collections of workers with common work situations or proximity of work sites
4-10

11. Types of units (cont.) Remaining units Construction industry units
Groups that are separate from primary production and maintenance units
Construction industry units
1974 Health-Care Amendments
NLRB approved 8 basic health care units
Health care institution units
4-11

12. Union Structure Types of unions Craft unions - “One craft, one union”
Members organized on the basis of craft or skill
Stringent apprenticeship programs
Business agents
Full-time administrator
Contract administration
Hiring hall
Stewards
Eyes and ears of the business agent
4-12

13. Union Structure (cont.)
Types of unions (cont.)
Industrial unions - “One shop, one union”
Organizes all workers at one workplace, regardless of job
Local unions typically affiliated with a national union
National unions may negotiate a master agreement
Local unions negotiate separate agreement covering local issues
4-13

14. Union Structure (cont.)
Members often join because of union shop agreement
Administered by elected officials
Officials typically are full-time employees at the workplace
4-13

15. Union Structure (cont.)
Levels of unions
Local unions
Organizational component of national unions
Handle day-to-day operations of collective bargaining agreement
Local officers
Officers of local unions are usually elected positions for fixed terms
The positions often include president, vice-president, secretary/treasurer, sergeant-at-arms, business manager (or agent), and steward
4-14

16. Figure 4.1 - Bylaws of Local Union
Source: Kenzie Baker, IBEW Local Union 1347, permission granted by Stephen Feldouse Business Manager, (December 2005).
4-14

17. Union Structure (cont.)
National (International) unions
Relationship with subordinate local unions determined by each union’s constitution, bylaws, and charter
Officers elected to act in concert with policies established by the convention
Provide services to the local unions
Important political and representative role on behalf of local unions
4-15

18. Union Structure (cont.)
Intermediate organizational unions
Regional or district officers, trade councils, conference boards
Joint councils often bring various crafts together
4-16

19. Union Structure (cont.)
Federation of unions: AFL-CIO (1955)
Not a union itself
Composed of national and international unions
Assists in mediation and resolution of disputes between affiliated unions
4-16

20. Figure 4.2 - AFL-CIO Organization Chart
4-16

21. Union Structure (cont.)
Change to win: A new union federation of national unions dedicated to growing their membership through strategic organizational campaign and improving the living standards of workers
Independent unions: Not designed along either the craft or the industrial unit model, preferring to open their membership to employees of a specific professional occupation
4-17

22. Public Sector Unions
Most have roots in professional organizations that developed prior to widespread public sector collective bargaining
Examples:
National Education Association (NEA)
International Association of Fire Fighters (IAFF),
American Federation of Government Employees (AFGE)
American Federation of State, County and Municipal Employees (AFSCME)
4-18

23. Organizing Drive
A movement initiated by dissatisfied employees or a union organizer to submit a representation petition to the NLRB and win a representation election, thus providing union certification and collective bargaining
4-19

24. Figure 4.3 - The Organizing Process
4-20

25. Union Organizing Strategies
Step 1 - Build an organizing committee
Step 2 - Determine the issues
Step 3 - Choose a union recognition strategy
Card-check recognition
Strike for recognition
Call for an NLRB-sponsored election
Step 4 - Union recognition status
4-21

26. Salting
Members are encouraged by their union to seek employment at a nonunion company
Once hired, they promote unionization
The union may supplement their regular pay to provide equity with a “union” wage
4-22

27. Union Avoidance Strategies by Management
In many workplaces, management’s goal is simply to keep the union out
The strategy is to convince the workers that unionization will do them more harm than good
Management may attempt to ensure workers that their present pay and benefits are competitive and may show data to prove it
4-23

28. Management “TIPS” and “FORE” in Campaigns
Things a manager may not do, they are told to remember “TIPS”:
T—Threaten
I—Interrogate
P—Promise
S—Spy
4-24

29. Management “TIPS” and “FORE” in Campaigns
Things a managers can do to discourage unionization:
F —Facts
O—Opinion
R—Rules
E—Experience
4-25

30. Countersalting Steps
Prescreen as many applicants as possible to ensure you are hiring the most qualified person for any opening you have available
Use “consensus” interviewing
4-26

31. Countersalting Steps (cont.)
An application should say, “List entire employment history, starting with present employer
Ensure that applications show entire work history with no gaps in employment
Check references thoroughly
4-27

32. Organizing at the Workplace
The NLRB and the courts have devised rules to balance the right to engage in organizational campaigns in and around the workplace and employer’s right to maintain a work environment
Distributing union material
Union buttons or insignias
Bulletin boards, meeting hall, and mailboxes
solicitation
No-solicitation policy
4-28

33. Picketing During an Organizational Campaign
During an organizational campaign, the “target-employer” is the primary employer
Under the act, a union can picket a primary employer but for only 30 days before being required to file a petition for an election with the NLRB
Mass picketing, violence, or threats of violence are not allowed
Nor is secondary picketing
4-29

34. Representation Elections
Election procedures
Step 1: Representation Petition
RC petition - Filed on behalf of an employee(s) or union to determine support for representation in collective bargaining (certification)
RM petition - Filed by employer to determine support for representation in collective bargaining
RD petition - Filed by employer, employee, or union to determine whether a recognized union still has employee support (decertification)
4-30

35. Representation Elections (cont.)
Step 2: Investigation
NLRB regional director determines whether to conduct an election
Checks appropriateness of bargaining unit
Employer must provide list of eligible employees’ names, addresses to petitioning union
4-31

36. Representation Elections (cont.)
Step 3: Secret Ballot Election
NLRB ensures that representation election is fair and honest, gives employees “free choice”
Election may be invalidated due to actions of the employer, employees, or third parties
Runoff election - may be used if more than one union is seeking representation rights if none of the choices receives a majority of the votes
4-32

37. Representation Elections (cont.)
Step 4: Certification of Election Results
NLRB satisfied that results reflect the employees’ “free choice”
Certification - variety of benefits to union
Exclusive representation rights
For 1 year, employer obligated to bargain: 2005 study found 90% of newly certified unions successfully negotiated first contract within first year. However, in previous decades, union rates were as low as 60%
For 1 year, no other union can challenge representation rights
4-33

38. Representation Elections (cont.)
Voluntary recognition: “card check” or strike
Employer recognizes the union without an election
May result from union pressure tactics
Gissel doctrine - NLRB may issue a bargaining order in response to employer’s unfair labor practices
Traditional remedies deemed inadequate to eradicate effects of employer tactics
Union authorization cards considered a more reliable indicator of employee sentiment about union representation
4-35

39. Prohibited Conduct During an Election
Campaign propaganda and misrepresentation
Threats and loss of benefits
Promise or grant of benefit
Interrogation and polling of employees
Surveillance
Poll Activity
4-34

40. Decertification Elections
The process of removing a union as the certified representative of employees within a bargaining unit
A secret-ballot election is conducted by the NLRB to determine a majority opinion
4-36

41. Decertification Elections (cont.)
Factors present in situations in which unions are decertified:
Employer recently treated employees better
Employer waged an aggressive antiunion campaign
Employer moves to traditionally nonunion geographic area
4-37

42. Decertification Elections (cont.)
The union is perceived by a majority of its members as being unresponsive
Female, minority, and younger workers lose confidence in the union because of its declining public image and aging leaders
4-38

43. Representation Elections in the Public Sector
Public-sector employers may not be able to prohibit nonemployee union agents’ access to the workplace because the workplace is a public area
Rules governing public employer preelection activities during an organizational campaign generally mirror private-sector restrictions
4-39

44. Representation Elections in the Public Sector (cont.)
Exclusive representation
Both a practice and a principle of law
Gives real power to the union’s bargaining positions
Simplifies the bargaining process
Facilitates consistent administration of the labor contract
4-40

45. Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publisher. Printed in the United States of America.
Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall
4-41