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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
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Collective Bargaining Overview
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Collective Bargaining Overview
National Labor Relations Act of 1935
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Collective Bargaining Overview
National Labor Relations Act of 1935
Mandatory subjects of bargaining
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Collective Bargaining Overview
National Labor Relations Act of 1935
Mandatory subjects of bargaining
Key players involved in collective bargaining
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Collective Bargaining Overview
National Labor Relations Act of 1935
Mandatory subjects of bargaining
Key players involved in collective bargaining
Collective bargaining structures
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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
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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
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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
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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
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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
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1935 National Labor Relations Act (Wagner Act)
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1935 National Labor Relations Act (Wagner Act)
In 1935 Congress passed the National Labor Relations Act (also called the Wagner Act)
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Benefits of a Collective Bargaining Agreement
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Benefits of a Collective Bargaining Agreement
Right for private employees to form and join unions to bargain collectively with management
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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
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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
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Mandatory Subjects of Bargaining
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Mandatory Subjects of Bargaining
COMPENSATION
Wages
– Salaries
– Overtime
– Profit sharing/stock options
– Sick leave/vacation/holidays
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Mandatory Subjects of Bargaining
COMPENSATION
Wages– Salaries– Overtime– Profit sharing/stock
options– Sick
leave/vacation/holidays
Benefits– Health– Pension
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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
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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
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Subjects of Collective Bargaining
Can be:
– Mandatory
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Subjects of Collective Bargaining
Can be:
– Mandatory
– Permissive
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Subjects of Collective Bargaining
Can be:
– Mandatory
– Permissive
– Illegal
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Provisions of Wagner Act
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Provisions of Wagner Act
Unfair Labor Practices
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Provisions of Wagner Act
Unfair Labor Practices
National Labor Relations Board (NLRB)
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Collective Bargaining Committees
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Collective Bargaining Committees
Representatives of the company management and the local union or bargaining unit collectively bargain union contracts.
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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:
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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
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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
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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
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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
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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
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Collective Bargaining Committees
Typical members from the union bargaining team:
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Collective Bargaining Committees
Typical members from the union bargaining team:
– Staff representative from the local or international union
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Collective Bargaining Committees
Typical members from the union bargaining team:
– Staff representative from the local or international union
– Local union officers
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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
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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
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Collective Bargaining Structures
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Collective Bargaining Structures
Decentralized bargaining: occurs at a single worksite with a limited number of employees
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Collective Bargaining Structures
Decentralized bargaining: occurs at a single worksite with a limited number of employees
Management bargaining team may include:
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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.
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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:
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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.
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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.
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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:
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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.
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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:
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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.
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Collective Bargaining Structures
Multi-site bargaining: occurs between the workers that are employed by the same employer at multiple sites and corporate management.
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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:
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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
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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:
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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
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Collective Bargaining Law
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Collective Bargaining Law
National Labor Relations Act of 1935 (Wagner Act)
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Collective Bargaining Law
National Labor Relations Act of 1935 (Wagner Act)
War Labor Relations Board
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Collective Bargaining Law
Taft-Hartley Act (Labor Management Act of 1947)
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Collective Bargaining Law
Taft-Hartley Act (Labor Management Act of 1947)
– Bargain in good faith
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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
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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
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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
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Collective Bargaining Law
Taft-Hartley Act (Labor Management Act of 1947)
– Union and employers to bargain wages, hours and working conditions
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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
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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
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Collective Bargaining Law
Taft-Hartley Act (Labor Management Act of 1947)
– Targeted unethical practices
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Collective Bargaining Law
Taft-Hartley Act (Labor Management Act of 1947)
– Targeted unethical practices
– Creation of Federal Mediation and Conciliation Services (FMCS)
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Collective Bargaining Law
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Collective Bargaining Law
Taft-Hartley Act – Employer Defies: Union has 3 options:
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Collective Bargaining Law
Taft-Hartley Act – Employer Defies: Union has 3 options:
– Ask the employer to voluntarily comply
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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
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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
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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
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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
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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
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Right to Work for Less
22 Right to Work states
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Right to Work for Less
22 Right to Work states
Right to work laws
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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.
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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.
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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
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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
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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
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Right to Work for Less
Fair Share Payment
– 28 Free States
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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.
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Right to Work for Less
Effects of Right to Work
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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)
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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)
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Collective Bargaining Process
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Collective Bargaining Process
UNION
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Collective Bargaining Process
UNION
Form Contract Action Committee (CAC) and plan campaign
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Collective Bargaining Process
UNION
Form Contract Action Committee (CAC) and plan campaign
Select and train bargaining team
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Collective Bargaining Process
UNION
Form Contract Action Committee (CAC) and plan campaign
Select and train bargaining team
Define priorities and draft proposals
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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
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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
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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
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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
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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
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Collective Bargaining Process
UNION
Present proposals
MANAGEMENT
Present Proposals
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Collective Bargaining Process
UNION
Present proposals
Draft counter proposals
MANAGEMENT
Present Proposals
Draft counter proposals
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Collective Bargaining Process
UNION
Present proposals
Draft counter proposals
Present counter proposals
MANAGEMENT
Present Proposals
Draft counter proposals
Present counter proposals
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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
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Union Power and Pressures
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Union Power and Pressures
Union has power when it has:
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Union Power and Pressures
Union has power when it has:
Active membership
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Union Power and Pressures
Union has power when it has:
Active membership
Public support
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Union Power and Pressures
Union has power when it has:
Active membership
Public support
Credibility and honesty
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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
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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
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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
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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:
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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
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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
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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
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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
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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
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Filing a Grievance: Arbitrator’s Interpretations
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Filing a Grievance: Arbitrator’s Interpretations
Filing a grievance
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Filing a Grievance: Arbitrator’s Interpretations
Filing a grievance
Clear and unambiguous language
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Filing a Grievance: Arbitrator’s Interpretations
Filing a grievance
Clear and unambiguous language
Ordinary and common language
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Filing a Grievance: Arbitrator’s Interpretations
Filing a grievance
Clear and unambiguous language
Ordinary and common language
Specific context
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Filing a Grievance: Arbitrator’s Interpretations
Filing a grievance
Clear and unambiguous language
Ordinary and common language
Specific context
Contract as a whole
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Filing a Grievance
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Filing a Grievance
Item not mentioned is excluded
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Filing a Grievance
Item not mentioned is excluded
Bargaining history
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Filing a Grievance
Item not mentioned is excluded
Bargaining history
Legal interpretation preferred
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Filing a Grievance
Item not mentioned is excluded
Bargaining history
Legal interpretation preferred
Reasonable interpretation preferred
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Filing a Grievance
Item not mentioned is excluded
Bargaining history
Legal interpretation preferred
Past practice
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Filing a Grievance
Item not mentioned is excluded
Bargaining history
Legal interpretation preferred
Reasonable interpretation preferred
Past practice
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Section Review
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Section Review
National Labor Relations Act of 1935
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Section Review
National Labor Relations Act of 1935
Mandatory Subjects of Bargaining
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Section Review
National Labor Relations Act of 1935
Mandatory Subjects of Bargaining
Key Players involved in Collective Bargaining
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Section Review
National Labor Relations Act of 1935
Mandatory Subjects of Bargaining
Key Players involved in Collective Bargaining
Collective Bargaining Structures
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Section Review
National Labor Relations Act of 1935
Mandatory Subjects of Bargaining
Key Players involved in Collective Bargaining
Collective Bargaining Structures
Taft-Hartley Act
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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
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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
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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
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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