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Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
Chapter
13Union Representationand Collective Bargaining
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
Factors in Recent Loss of Union PowerFactors in Recent Loss of Union Power
Global competition Nonunion domestic competition Deregulation The growth of service industries Corporate downsizing (depleted membership) Willingness of firms to move operations overseas
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
Deregulation of Product MarketsDeregulation of Product Markets
Two key challenges created by the deregulation of product markets Market entry is easier Low operating costs translate into competitive advantages
Adaptations necessary for firms to compete: Ability to shift rapidly Cut costs Innovate Enter new markets Devise a flexible labor-force strategy
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
Six Fundamental Features of the Six Fundamental Features of the U.S. Industrial Relations SystemU.S. Industrial Relations System
Exclusive representation – one and only one union
in a given job territory Collective agreements that embody a sharp distinction between
negotiation of and interpretation of an agreement Decentralized collective bargaining Relatively high union dues and large union staffs Opposition by both large and small employers to union
organization The role of government
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
Unfair Labor Practices Under the Taft-Hartley Unfair Labor Practices Under the Taft-Hartley Act of 1947Act of 1947
By Management: Interference with, coercion of, or restraint of employees in their right
to organize Domination of, interference with, or illegal assistance of a labor
organization Discrimination in employment because of union activities Discrimination because an employee has filed charges or given
testimony under the act Refusal to bargain in good faith “Hot cargo” agreements: refusals to handle another employer’s
products because of that employer’s relationship with the union
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
Unfair Labor Practices Under the Taft-Hartley Unfair Labor Practices Under the Taft-Hartley Act of 1947Act of 1947
By a Union: Restraint or coercion of employees not participating in union activities Any attempt to influence an employer to discriminate against an
employee Refusal to bargain in good faith Excessive, discriminatory membership fees Make-work or featherbedding provisions in labor contracts that require
employers to pay for services that are not performed Use of pickets to force an organization to bargain with a union, when
the organization already has a lawfully recognized union “Hot cargo” agreements: refusals to handle, use, sell, transport, or
otherwise deal in another employer’s products
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
Landrum-Griffin Act of 1959Landrum-Griffin Act of 1959
It’s an amendment to the Taft-Hartley Act of 1947 It added the secondary boycott as an unfair labor practice:
A union appeals to firms and other unions to stop doing business with an employer who sells or handles a struck product
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
Rules for Union Organizing ActivityRules for Union Organizing Activity
Well-defined rules govern organizing activities Employee organizers may solicit fellow employees to sign
authorization cards on company premises, but not during working time Outside organizers may not solicit on premises if a company has an
existing policy of prohibiting all forms of solicitation, and if that policy has been enforced consistently
Management representatives may express their views about unions through speeches to employees on company premises. However, they are legally prohibited from interfering with an employee’s freedom of choice concerning union membership
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
Management Responses Management Responses to the Union Campaignto the Union Campaign
Tactical Advantages: May use company time and premises to stress the positive aspects of
the current situation May emphasize the costs of unionization and the loss of individual
freedom that may result from collective representation TIPS – management may not threaten, interrogate, promise, or spy
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
Themes Emphasized by Unions Themes Emphasized by Unions During Organizing CampaignsDuring Organizing Campaigns
Ability to help employees satisfy their economic and personal needs
Ability to ensure that workers are treated fairly Ability to improve working conditions
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
Types of StrikesTypes of Strikes
Unfair-Labor-Practice Strikes Employees given highest degree of protection under the Taft-Hartley
Act Under most circumstances, employees are entitled to reinstatement
once the strike ends Management must exercise great caution
NLRB may become involved Company liability may be substantial
Economic Strikes Strikers have limited rights to reinstatement
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
Types of StrikesTypes of Strikes
Unprotected Strikes Includes all remaining types of work stoppages, both lawful and
unlawful Employees may be discharged by their employers
Sympathy Strikes The refusal by employees of one bargaining unit to cross a picket line
of a different bargaining unit
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
Third-Party InvolvementThird-Party Involvement
Mediation A process by which a neutral third party attempts to help the parties in
a dispute to reach a settlement of the issues that divide them Fact Finding
Each party submits whatever information it believes is relevant to a resolution of the dispute; a neutral fact finder then makes a study of the evidence and prepares a report on the facts
Interest Arbitration A process by which a third party hears the positions of both parties and
decides on binding settlement terms
Copyright © 2003 by The McGraw-Hill Companies, Inc. All rights reserved.
Grievance ProceduresGrievance Procedures
Grievance Procedures – the keystone of industrial relations because of their ability to resolve disputed issues while work continues without litigation, strikes, or other radical dispute-resolution strategies Advantages
Ensures that the complaints and problems of workers can be heard, rather than simply allowed to fester
Formal mechanism to ensure due process for all parties
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