1. The Information Contained Throughout This Report is Confidential and Proprietary THE VALUE OF BLUE. SM DELIVERING THE BEST LOCAL HEALTH PLANS NATIONWIDE. Blue Labor Basics Online Learning Program Collective Bargaining Overview

2. Collective Bargaining Overview

3.  National Labor Relations Act of 1935

4. Collective Bargaining Overview  National Labor Relations Act of 1935  Mandatory subjects of bargaining

5. Collective Bargaining Overview  National Labor Relations Act of 1935  Mandatory subjects of bargaining  Key players involved in collective bargaining

6. Collective Bargaining Overview  National Labor Relations Act of 1935  Mandatory subjects of bargaining  Key players involved in collective bargaining  Collective bargaining structures

7. Collective Bargaining Overview  National Labor Relations Act of 1935  Mandatory subjects of bargaining  Key players involved in collective bargaining  Collective bargaining structures  Taft-Hartley Act

8. Collective Bargaining Overview  National Labor Relations Act of 1935  Mandatory subjects of bargaining  Key players involved in collective bargaining  Collective bargaining structures  Taft-Hartley Act  Union rights when employers defy collective bargaining requirements

9. Collective Bargaining Overview  National Labor Relations Act of 1935  Mandatory subjects of bargaining  Key players involved in collective bargaining  Collective bargaining structures  Taft-Hartley Act  Union rights when employers defy collective bargaining requirements  Right to work vs. free states

10. Collective Bargaining Overview  National Labor Relations Act of 1935  Mandatory subjects of bargaining  Key players involved in collective bargaining  Collective bargaining structures  Taft-Hartley Act  Union rights when employers defy collective bargaining requirements  Right to work vs. free states  Collective bargaining process

11. Collective Bargaining Overview  National Labor Relations Act of 1935  Mandatory subjects of bargaining  Key players involved in collective bargaining  Collective bargaining structures  Taft-Hartley Act  Union rights when employers defy collective bargaining requirements  Right to work vs. free states  Collective bargaining process  Filing a grievance

12. 1935 National Labor Relations Act (Wagner Act)

13.  In 1935 Congress passed the National Labor Relations Act (also called the Wagner Act)

14. Benefits of a Collective Bargaining Agreement

15.  Right for private employees to form and join unions to bargain collectively with management

16. Benefits of a Collective Bargaining Agreement  Right for private employees to form and join unions to bargain collectively with management  Collective voice in determining: –Wages (including healthcare) –Hours –Working conditions

17. Benefits of a Collective Bargaining Agreement  Right for private employees to form and join unions to bargain collectively with management  Collective voice in determining: –Wages (including healthcare) –Hours –Working conditions  Legally binding agreement between employer and union

18. Mandatory Subjects of Bargaining

19. COMPENSATION  Wages –Salaries –Overtime –Profit sharing/stock options –Sick leave/vacation/holidays

20. Mandatory Subjects of Bargaining COMPENSATION  Wages –Salaries –Overtime –Profit sharing/stock options –Sick leave/vacation/holidays  Benefits –Health –Pension

21. Mandatory Subjects of Bargaining COMPENSATION  Wages –Salaries –Overtime –Profit sharing/stock options –Sick leave/vacation/holidays  Benefits –Health –Pension  Working conditions –Seniority –Layoff/promotion/ transfer policies –Management rights –Union rights

22. Mandatory Subjects of Bargaining COMPENSATION  Wages –Salaries –Overtime –Profit sharing/stock options –Sick leave/vacation/holidays  Benefits –Health –Pension  Working conditions –Seniority –Layoff/promotion/ transfer policies –Management rights –Union rights  Hours  Scheduling procedures & requirements

23. Subjects of Collective Bargaining  Can be: –Mandatory

24. Subjects of Collective Bargaining  Can be: –Mandatory –Permissive

25. Subjects of Collective Bargaining  Can be: –Mandatory –Permissive –Illegal

26. Provisions of Wagner Act

27.  Unfair Labor Practices

28. Provisions of Wagner Act  Unfair Labor Practices  National Labor Relations Board (NLRB)

29. Collective Bargaining Committees

30.  Representatives of the company management and the local union or bargaining unit collectively bargain union contracts.

31. Collective Bargaining Committees  Representatives of the company management and the local union or bargaining unit collectively bargain union contracts.  Typical members from the management bargaining team:

32. Collective Bargaining Committees  Representatives of the company management and the local union or bargaining unit collectively bargain union contracts.  Typical members from the management bargaining team: –Attorney

33. Collective Bargaining Committees  Representatives of the company management and the local union or bargaining unit collectively bargain union contracts.  Typical members from the management bargaining team: –Attorney –Human Resources representative

34. Collective Bargaining Committees  Representatives of the company management and the local union or bargaining unit collectively bargain union contracts.  Typical members from the management bargaining team: –Attorney –Human Resources representative –Employer selected upper and mid-level managers

35. Collective Bargaining Committees  Representatives of the company management and the local union or bargaining unit collectively bargain union contracts.  Typical members from the management bargaining team: –Attorney –Human Resources representative –Employer selected upper and mid-level managers –Employers association representative

36. Collective Bargaining Committees  Representatives of the company management and the local union or bargaining unit collectively bargain union contracts.  Typical members from the management bargaining team: –Attorney –Human Resources representative –Employer selected upper and mid-level managers –Employers association representative –Finance representative

37. Collective Bargaining Committees  Typical members from the union bargaining team:

38. Collective Bargaining Committees  Typical members from the union bargaining team: –Staff representative from the local or international union

39. Collective Bargaining Committees  Typical members from the union bargaining team: –Staff representative from the local or international union –Local union officers

40. Collective Bargaining Committees  Typical members from the union bargaining team: –Staff representative from the local or international union –Local union officers –Bargaining union shop steward

41. Collective Bargaining Committees  Typical members from the union bargaining team: –Staff representative from the local or international union –Local union officers –Bargaining union shop steward –Members of the local union bargaining committee

42. Collective Bargaining Structures

43.  Decentralized bargaining: occurs at a single worksite with a limited number of employees

44. Collective Bargaining Structures  Decentralized bargaining: occurs at a single worksite with a limited number of employees  Management bargaining team may include:

45. Collective Bargaining Structures  Decentralized bargaining: occurs at a single worksite with a limited number of employees  Management bargaining team may include: –An attorney, HR representative and an upper level management including finance.

46. Collective Bargaining Structures  Decentralized bargaining: occurs at a single worksite with a limited number of employees  Management bargaining team may include: –An attorney, HR representative and an upper level management including finance.  Union bargaining team may include:

47. Collective Bargaining Structures  Decentralized bargaining: occurs at a single worksite with a limited number of employees  Management bargaining team may include: –An attorney, HR representative and an upper level management including finance.  Union bargaining team may include: –Bargaining unit officers, bargaining unit negotiations committee and a local union representative.

48. Collective Bargaining Structures  Skilled trade bargaining: occurs with workers that are trained and certified to work in a specific skilled trade in a geographical region and a contractors association.

49. Collective Bargaining Structures  Skilled trade bargaining: occurs with workers that are trained and certified to work in a specific skilled trade in a geographical region and a contractors association.  Contractor bargaining team may include:

50. Collective Bargaining Structures  Skilled trade bargaining: occurs with workers that are trained and certified to work in a specific skilled trade in a geographical region and a contractors association.  Contractor bargaining team may include: –An attorney, contractors’ association representative and contractors on the association negotiations committee.

51. Collective Bargaining Structures  Skilled trade bargaining: occurs with workers that are trained and certified to work in a specific skilled trade in a geographical region and a contractors association.  Contractor bargaining team may include: –An attorney, contractors’ association representative and contractors on the association negotiations committee.  Union bargaining team may include:

52. Collective Bargaining Structures  Skilled trade bargaining: occurs with workers that are trained and certified to work in a specific skilled trade in a geographical region and a contractors association.  Contractor bargaining team may include: –An attorney, contractors’ association representative and contractors on the association negotiations committee.  Union bargaining team may include: –Local union representative, local union bargaining team and international union regional representative.

53. Collective Bargaining Structures  Multi-site bargaining: occurs between the workers that are employed by the same employer at multiple sites and corporate management.

54. Collective Bargaining Structures  Multi-site bargaining: occurs between the workers that are employed by the same employer at multiple sites and corporate management.  Corporation’s bargaining team may include:

55. Collective Bargaining Structures  Multi-site bargaining: occurs between the workers that are employed by the same employer at multiple sites and corporate management.  Corporation’s bargaining team may include: –An attorney, HR representative, and corporate management negotiators

56. Collective Bargaining Structures  Multi-site bargaining: occurs between the workers that are employed by the same employer at multiple sites and corporate management.  Corporation’s bargaining team may include: –An attorney, HR representative, and corporate management negotiators  Union bargaining team may include:

57. Collective Bargaining Structures  Multi-site bargaining: occurs between the workers that are employed by the same employer at multiple sites and corporate management.  Corporation’s bargaining team may include: –An attorney, HR representative, and corporate management negotiators  Union bargaining team may include: –Local union(s) bargaining representative(s) and local union(s) bargaining team(s) members

58. Collective Bargaining Law

59.  National Labor Relations Act of 1935 (Wagner Act)

60. Collective Bargaining Law  National Labor Relations Act of 1935 (Wagner Act)  War Labor Relations Board

61. Collective Bargaining Law  Taft-Hartley Act (Labor Management Act of 1947)

62. Collective Bargaining Law  Taft-Hartley Act (Labor Management Act of 1947) –Bargain in good faith

63. Collective Bargaining Law  Taft-Hartley Act (Labor Management Act of 1947) –Bargain in good faith –Union to notify employer and public of intent to re-negotiate contract

64. Collective Bargaining Law  Taft-Hartley Act (Labor Management Act of 1947) –Bargain in good faith –Union to notify employer and public of intent to re-negotiate contract –Employer and union to meet at reasonable times to encourage peaceful resolution

65. Collective Bargaining Law  Taft-Hartley Act (Labor Management Act of 1947) –Bargain in good faith –Union to notify employer and public of intent to re-negotiate contract –Employer and union to meet at reasonable times to encourage peaceful resolution –Confer in good faith

66. Collective Bargaining Law  Taft-Hartley Act (Labor Management Act of 1947) –Union and employers to bargain wages, hours and working conditions

67. Collective Bargaining Law  Taft-Hartley Act (Labor Management Act of 1947) –Union and employers to bargain wages, hours and working conditions –Employers to have a duty to bargain even after filing bankruptcy

68. Collective Bargaining Law  Taft-Hartley Act (Labor Management Act of 1947) –Union and employers to bargain wages, hours and working conditions –Employers to have a duty to bargain even after filing bankruptcy –Employers to recognize bargaining agreement of business they purchase. The new, successor employer is not bound to the previous owner’s contract with the union, but are obligated to bargain a new contract with the union

69. Collective Bargaining Law  Taft-Hartley Act (Labor Management Act of 1947) –Targeted unethical practices

70. Collective Bargaining Law  Taft-Hartley Act (Labor Management Act of 1947) –Targeted unethical practices –Creation of Federal Mediation and Conciliation Services (FMCS)

71. Collective Bargaining Law

72.  Taft-Hartley Act – Employer Defies: Union has 3 options:

73. Collective Bargaining Law  Taft-Hartley Act – Employer Defies: Union has 3 options: –Ask the employer to voluntarily comply

74. Collective Bargaining Law  Taft-Hartley Act – Employer Defies: Union has 3 options: –Ask the employer to voluntarily comply –File unfair labor practice (ULP) charges against the employer with the Dept. of Labor

75. Collective Bargaining Law  Taft-Hartley Act – Employer Defies: Union has 3 options: –Ask the employer to voluntarily comply –File unfair labor practice (ULP) charges against the employer with the Dept. of Labor –Declare a ULP strike against the employer

76. Collective Bargaining Law  Taft-Hartley Act – Employer Defies: Union has 3 options: –Ask the employer to voluntarily comply –File unfair labor practice (ULP) charges against the employer with the Dept. of Labor –Declare a ULP strike against the employer  Grievance

77. Collective Bargaining Law  Taft-Hartley Act – Employer Defies: Union has 3 options: –Ask the employer to voluntarily comply –File unfair labor practice (ULP) charges against the employer with the Dept. of Labor –Declare a ULP strike against the employer  Grievance  Lock outs

78. Collective Bargaining Law  Taft-Hartley Act – Employer Defies: Union has 3 options: –Ask the employer to voluntarily comply –File unfair labor practice (ULP) charges against the employer with the Dept. of Labor –Declare a ULP strike against the employer  Grievance  Lock outs  Replacement Workers

79. Right to Work for Less  22 Right to Work states

80. Right to Work for Less  22 Right to Work states  Right to work laws

81. Right to Work for Less  22 Right to Work states  Right to work laws –Right to work states allow non-union member workers to get all the benefits of being a union member without paying union dues.

82. Right to Work for Less  22 Right to Work states  Right to work laws –Right to work states allow non-union member workers to get all the benefits of being a union member without paying union dues. –State legislated right to work laws ban workers and employers from negotiating union security clauses.

83. Right to Work for Less  22 Right to Work states  Right to work laws –Right to work states allow non-union member workers to get all the benefits of being a union member without paying union dues. –State legislated right to work laws ban workers and employers from negotiating union security clauses.  Union security clause

84. Right to Work for Less  22 Right to Work states  Right to work laws –Right to work states allow non-union member workers to get all the benefits of being a union member without paying union dues. –State legislated right to work laws ban workers and employers from negotiating union security clauses.  Union security clause –Does not force workers to join union

85. Right to Work for Less  22 Right to Work states  Right to work laws –Right to work states allow non-union member workers to get all the benefits of being a union member without paying union dues. –State legislated right to work laws ban workers and employers from negotiating union security clauses.  Union security clause –Does not force workers to join union –Requires workers to pay their fair share for the economic benefits they receive

86. Right to Work for Less  Fair Share Payment –28 Free States

87. Right to Work for Less  Fair Share Payment –28 Free States –Nonmember workers in those states are required to pay only a fair share to cover the costs of the union representation BUT not the cost of the union’s political, legislative, social or charitable activities.

88. Right to Work for Less  Effects of Right to Work

89. Right to Work for Less  Effects of Right to Work –Average worker in right to work state earns $5,333 less per year than workers in free states (Bureau of Labor Statistics, 2001)

90. Right to Work for Less  Effects of Right to Work –Average worker in right to work state earns $5,333 less per year than workers in free states (Bureau of Labor Statistics, 2001) –21% fewer workers have healthcare in right to work states than free states (State Rankings 2000, A Statistical View of the 50 United States, Morgan Quinto Press)

91. Collective Bargaining Process

92. UNION

93. Collective Bargaining Process UNION  Form Contract Action Committee (CAC) and plan campaign

94. Collective Bargaining Process UNION  Form Contract Action Committee (CAC) and plan campaign  Select and train bargaining team

95. Collective Bargaining Process UNION  Form Contract Action Committee (CAC) and plan campaign  Select and train bargaining team  Define priorities and draft proposals

96. Collective Bargaining Process UNION  Form Contract Action Committee (CAC) and plan campaign  Select and train bargaining team  Define priorities and draft proposals  Begin negotiations and negotiate ground rules

97. Collective Bargaining Process UNION  Form Contract Action Committee (CAC) and plan campaign  Select and train bargaining team  Define priorities and draft proposals  Begin negotiations and negotiate ground rules MANAGEMENT  Prepare a contract campaign

98. Collective Bargaining Process UNION  Form Contract Action Committee (CAC) and plan campaign  Select and train bargaining team  Define priorities and draft proposals  Begin negotiations and negotiate ground rules MANAGEMENT  Prepare a contract campaign  Select and train bargaining team

99. Collective Bargaining Process UNION  Form Contract Action Committee (CAC) and plan campaign  Select and train bargaining team  Define priorities and draft proposals  Begin negotiations and negotiate ground rules MANAGEMENT  Prepare a contract campaign  Select and train bargaining team  Define priorities and draft proposals

100. Collective Bargaining Process UNION  Form Contract Action Committee (CAC) and plan campaign  Select and train bargaining team  Define priorities and draft proposals  Begin negotiations and negotiate ground rules MANAGEMENT  Prepare a contract campaign  Select and train bargaining team  Define priorities and draft proposals  Begin negotiations and negotiate ground rules

101. Collective Bargaining Process UNION  Present proposals MANAGEMENT  Present Proposals

102. Collective Bargaining Process UNION  Present proposals  Draft counter proposals MANAGEMENT  Present Proposals  Draft counter proposals

103. Collective Bargaining Process UNION  Present proposals  Draft counter proposals  Present counter proposals MANAGEMENT  Present Proposals  Draft counter proposals  Present counter proposals

104. Collective Bargaining Process UNION  Present proposals  Draft counter proposals  Present counter proposals  Reach tentative agreement and ratify MANAGEMENT  Present Proposals  Draft counter proposals  Present counter proposals  Reach tentative agreement and ratify

105. Union Power and Pressures

106. Union has power when it has:

107. Union Power and Pressures Union has power when it has:  Active membership

108. Union Power and Pressures Union has power when it has:  Active membership  Public support

109. Union Power and Pressures Union has power when it has:  Active membership  Public support  Credibility and honesty

110. Union Power and Pressures Union has power when it has:  Active membership  Public support  Credibility and honesty  Large share of their industry organized in a geographic region

111. Union Power and Pressures Union has power when it has:  Active membership  Public support  Credibility and honesty  Large share of their industry organized in a geographic region  Product that is not easily transferable to another region

112. Union Power and Pressures Union has power when it has:  Active membership  Public support  Credibility and honesty  Large share of their industry organized in a geographic region  Product that is not easily transferable to another region  Highly skilled membership

113. Union Power and Pressures Union has power when it has:  Active membership  Public support  Credibility and honesty  Large share of their industry organized in a geographic region  Product that is not easily transferable to another region  Highly skilled membership Pressures of bargaining team:

114. Union Power and Pressures Union has power when it has:  Active membership  Public support  Credibility and honesty  Large share of their industry organized in a geographic region  Product that is not easily transferable to another region  Highly skilled membership Pressures of bargaining team:  Weak US labor laws that favor the employer

115. Union Power and Pressures Union has power when it has:  Active membership  Public support  Credibility and honesty  Large share of their industry organized in a geographic region  Product that is not easily transferable to another region  Highly skilled membership Pressures of bargaining team:  Weak US labor laws that favor the employer  Low union organization rates

116. Union Power and Pressures Union has power when it has:  Active membership  Public support  Credibility and honesty  Large share of their industry organized in a geographic region  Product that is not easily transferable to another region  Highly skilled membership Pressures of bargaining team:  Weak US labor laws that favor the employer  Low union organization rates  Threat of outsourcing

117. Union Power and Pressures Union has power when it has:  Active membership  Public support  Credibility and honesty  Large share of their industry organized in a geographic region  Product that is not easily transferable to another region  Highly skilled membership Pressures of bargaining team:  Weak US labor laws that favor the employer  Low union organization rates  Threat of outsourcing  Employer lockout

118. Union Rights  Taft-Hartley Act – Employer Defies: Union has 3 options: –Ask the employer to voluntarily comply –File unfair labor practice (ULP) charges against the employer with the Dept. of Labor –Declare a ULP strike against the employer

119. Filing a Grievance: Arbitrator’s Interpretations

120.  Filing a grievance

121. Filing a Grievance: Arbitrator’s Interpretations  Filing a grievance  Clear and unambiguous language

122. Filing a Grievance: Arbitrator’s Interpretations  Filing a grievance  Clear and unambiguous language  Ordinary and common language

123. Filing a Grievance: Arbitrator’s Interpretations  Filing a grievance  Clear and unambiguous language  Ordinary and common language  Specific context

124. Filing a Grievance: Arbitrator’s Interpretations  Filing a grievance  Clear and unambiguous language  Ordinary and common language  Specific context  Contract as a whole

125. Filing a Grievance

126.  Item not mentioned is excluded

127. Filing a Grievance  Item not mentioned is excluded  Bargaining history

128. Filing a Grievance  Item not mentioned is excluded  Bargaining history  Legal interpretation preferred

129. Filing a Grievance  Item not mentioned is excluded  Bargaining history  Legal interpretation preferred  Reasonable interpretation preferred

130. Filing a Grievance  Item not mentioned is excluded  Bargaining history  Legal interpretation preferred  Past practice

131. Filing a Grievance  Item not mentioned is excluded  Bargaining history  Legal interpretation preferred  Reasonable interpretation preferred  Past practice

132. Section Review

133.  National Labor Relations Act of 1935

134. Section Review  National Labor Relations Act of 1935  Mandatory Subjects of Bargaining

135. Section Review  National Labor Relations Act of 1935  Mandatory Subjects of Bargaining  Key Players involved in Collective Bargaining

136. Section Review  National Labor Relations Act of 1935  Mandatory Subjects of Bargaining  Key Players involved in Collective Bargaining  Collective Bargaining Structures

137. Section Review  National Labor Relations Act of 1935  Mandatory Subjects of Bargaining  Key Players involved in Collective Bargaining  Collective Bargaining Structures  Taft-Hartley Act

138. Section Review  National Labor Relations Act of 1935  Mandatory Subjects of Bargaining  Key Players involved in Collective Bargaining  Collective Bargaining Structures  Taft-Hartley Act  Union rights when employers defy Collective Bargaining Requirements

139. Section Review  National Labor Relations Act of 1935  Mandatory Subjects of Bargaining  Key Players involved in Collective Bargaining  Collective Bargaining Structures  Taft-Hartley Act  Union rights when employers defy Collective Bargaining Requirements  Right to work vs. Free states

140. Section Review  National Labor Relations Act of 1935  Mandatory Subjects of Bargaining  Key Players involved in Collective Bargaining  Collective Bargaining Structures  Taft-Hartley Act  Union rights when employers defy Collective Bargaining Requirements  Right to work vs. Free states  Collective Bargaining Process

141. Section Review  National Labor Relations Act of 1935  Mandatory Subjects of Bargaining  Key Players involved in Collective Bargaining  Collective Bargaining Structures  Taft-Hartley Act  Union rights when employers defy Collective Bargaining Requirements  Right to work vs. Free states  Collective Bargaining Process  Filing a Grievance