labor law and collective bargaining chapter 11. copyright © 2007 thomson delmar learning objectives...

Labor Law and Collective Bargaining

Chapter 11

Copyright © 2007 Thomson Delmar Learning

Objectives

• Define– Collective bargaining– Bargaining in good faith– Past practice– Strike– Union shop– Closed shop


• Define– Open shop– Dues check-off– Agency shop– Fair-share agreement– Maintenance of membership– Right-to-work

Objectives


• Explain the primary differences between private sector labor relations and public sector labor relations.

• Identify and explain three categories of subjects for collective bargaining:– Mandatory, prohibited, and permissive

Objectives


• Explain dispute resolution mechanisms used for three types of impasse disputes:

– Representational, interest, and grievance

• Explain the duty of fair representation.

• Explain how Weingarten and Garrity rights serve to protect employees.

Objectives


Collective Bargaining

• Process– Employer and duly appointed representatives of the

employees negotiate an agreement– Pertaining to wages, hours, and other terms and

conditions of employment


Labor Relations Acts

• Groundwork for collective bargaining– Private sector

• National Labor Relations Act (NLRA)

– Public sector• State law• Vast differences between states


Good-Faith Bargaining

• Active participation in deliberations

• Intention to find a basis for agreement

• Sincere effort to reach common ground

• Does not require either party to make a concession


Unfair Labor Practice

• Defined in Labor Relations Act

• Authorizes labor board to impose sanctions and orders for violations


Impasse Disputes

• Representation

• Interest

• Grievance


Representational Impasse Disputes

• Who can join a union

• Which union may represent certain employees

• Appropriate bargaining units


Interest Impasse Disputes

• Impasse related to negotiation of a collective bargaining agreement

• Public sector – Mediation– Fact-finding– Arbitration


Interest Arbitration

• Voluntary

• Compulsory binding

• Final offer


• Single arbitrator or arbitration panel

• Authority of arbitrator(s)

• Appeals of arbitration awards

Interest Arbitration


Grievance Impasse Disputes

• Allegation of violation of collective bargaining agreement

• Grievance arbitration

• Judicial enforcement


Arbitration

• Steelworker Trilogy– Substantive– Procedural

• Grievance belongs to the union, not the member


Scope of Collective Bargaining

• Wages, hours, and other terms and conditions of employment

• Three subjects

1. Mandatory

2. Permissive

3. Prohibited


Collective Bargaining

• Impact bargaining

• Unilateral changes to workplace

• Past practices


Union Security Provisions

• Dues check-off• Closed shop• Union shop• Maintenance of membership• Agency shop• Fair share • Right-to-work state


Duty of Fair Representation

• Exclusive bargaining representative

• Fair representation– Cannot be arbitrary, discriminatory, or act in bad

faith

• Liability


Strikes

• Any concerted stoppage, slowdown, or interruption of work

• Includes sick-outs and organized refusals to work

• Common law prohibited strikes by public employees– States differ


Weingarten Rights

• Right to have union representation at any investigatory or disciplinary meeting or hearing

• Employee must request


Garrity Rights

• Right of a public employee – When ordered to answer questions about a job-

related matter under threat of discipline• If matter may tend to incriminate the employee

• Employee must invoke

• Employer has to choose


Polygraphs

• Polygraph examinations are of limited usefulness

• Not admissible as evidence in many jurisdictions

• Many states have laws prohibiting employers from requiring employees to submit to polygraphs


Summary

• Collective bargaining

• Labor relations acts

• Bargaining in good faith

• Unfair labor practice

• Impasse disputes

• Scope of bargaining


• Duty of fair representation

• Union security

• Strikes

• Weingarten rights

• Garrity rights

Summary

labor law and collective bargaining chapter 11. copyright © 2007 thomson delmar learning objectives...

Documents

private sector labor

public sector labor

labor law

collective bargainingchapter

types of impasse disputes

primary differences

unionwhich union

righttowork statecopyright