Employment law
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Employment Law. Unions. What is a labor union?. "a group of workers who have banded together to achieve common goals in the key areas of wages, hours, and working conditions" (Boone and Kurtz, 1999, p. 414) who become affiliated with a recognized union organization

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Employment Law

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Employment law

Employment Law

Unions


What is a labor union

What is a labor union?

  • "a group of workers who have banded together to achieve common goals in the key areas of wages, hours, and working conditions" (Boone and Kurtz, 1999, p. 414) who become affiliated with a recognized union organization

  • Online listing of some examples


Why do employees wish to organize why would management not wish to have the employees organize

WHY do employees wish to organize?WHY would management not wish to have the employees organize?


Employment law

HOW do employees become unionized?

Voluntary Recognition by Company

Secret Ballot Election

NLRB Directive


Employment law

Overview of the Organizing ProcessChange: Obama /Democratic priority… Change: Obama /Democratic priority… Change: Obama /Democratic priority… Change: Obama /Democratic priority… Change: Obama /Democratic priority…

Initial Contact by Employees

Or Union Organizer

Union Creates Strategy to

Organize Employees

Management Creates Strategy

To Keep Union out

Authorization Cards

Petition

Election

Union Certification

Union Rejection

Collective

Bargaining


Management

Management…

Does not have to sit by and be idle!


Management must

Management Must:

  • Respond to the letter requesting voluntary recognition

  • Provide the NLRB a list of employees once the petition has been deemed valid

  • Refrain from unfair labor practices

    • Cost of illegal practice vs. Cost of unionized employees…


Management strategies options

Management Strategies/Options

  • Review policies:

    • Confidentiality of information

    • Email usage

    • Solicitation policy

  • Hold meetings

    • Cannot promise future benefits

  • Publish, post, release information

  • Regulate employees to ensure they do not disrupt production, work activities

  • Control non-employees from coming on premises

  • Hire lawyers specializing in labor law


Employment law

  • Totality of conduct doctrine

    • Actions, words evaluated in the context of the organizational effort/period = “bad faith”

      • Discussions of layoffs due to a leverage buyout would be OK outside the organizational period

      • Discussions could be evaluated as intimidation, threats during an organizational period.

      • Discussions with employees about their sentiments, thoughts about the union dangerous ground


Nlra section 7

NLRA – Section 7

  • “Employees shall have the right to self-organize, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining and other mutual aid or protection, and shall also have the right to refrain from any or all such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in section 8(a)(3)”

    • **Page 717 and Page 728 of the Textbook**


Nlra section 8

NLRA – Section 8

  • Section 8 (a) – outlines unfair labor practices of employers

  • Section 8 (b) – outlines unfair labor practices of labor unions

  • Section 8(e) – outlines unfair labor practices that can be committed only by an employer and a labor organization acting together

    • Page 715 of textbook


If the union is in

If the union is in:

  • Negotiate a contract in good faith

  • Administer the contract

    • Decisions, decisions, decisions!


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