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