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Union Representation and Collective Bargaining . Wayne F. Cascio Managing People in a Global Environment January 11, 2008. Factors in Recent Loss of Union Power. Global competition Nonunion domestic competition Deregulation The growth of service industries

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union representation and collective bargaining

Union Representationand Collective Bargaining

Wayne F. CascioManaging People in a Global Environment

January 11, 2008

factors in recent loss of union power
Factors 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
factors in recent loss of union power7
Factors 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
deregulation of product and service markets
Deregulation of Product and Service Markets
  • Two key challenges created by the deregulation of markets
    • Market entry is easier
    • Low operating costs translate into competitive advantages
effects of deregulation
Effects of Deregulation
  • Adaptations are necessary for firms to compete:
    • Ability to shift rapidly
    • Cut costs
    • Innovate
    • Enter new markets
    • Devise a flexible labor-force strategy
six fundamental features of u s industrial relations system
Six Fundamental Features of U.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
six fundamental features of the u s industrial relations system
Six Fundamental Features of the U.S. Industrial Relations System
  • Relatively high union dues and large union staffs
  • Opposition by both large and small employers to union organization
  • The role of government
rules for union organizing activity
Rules 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
rules for union organizing activity13
Rules for Union-Organizing Activity
  • 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
management responses to the union campaign
Management Responses to 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
themes emphasized by unions during organizing campaigns
Themes Emphasized by Unions During 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
union security clauses
Union-Security Clauses
  • Closed shop
  • Union shop
  • Preferential shop
  • Agency shop
  • Maintenance of membership
  • Checkoff
types of strikes
Types 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
unfair labor practices under the taft hartley act of 1947
Unfair Labor Practices Under the Taft-Hartley Act 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
unfair labor practices under the taft hartley act of 194723
Unfair Labor Practices Under the Taft-Hartley Act 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
types of strikes24
Types of Strikes
  • Economic Strikes
    • Strikers have limited rights to reinstatement
types of strikes25
Types 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
grievance procedures
Grievance Procedures
  • Grievance Procedures –keystone of I. R.
    • 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
grievance procedures29
Grievance Procedures
  • Used to resolve disputes about:
    • Interpretation of the bargaining agreement
    • Potential violations of federal or state law
    • Violations of past practices or company rules
    • Violations of management’s responsibility
      • (e.g., to provide safe and healthy working conditions)
the u s union split
The U. S. Union Split
  • AFL-CIO
    • 14 million members
  • Change-to-Win Coalition
    • 1/3 of AFL-CIO membership and budget
    • Split from AFL-CIO in 2005
    • SEIU, UNITE HERE, UFCW
    • What does it mean for the future of unions?