Labor Law and Collective Bargaining

1. Labor Law and Collective Bargaining Chapter 11

2. Objectives • Define • Collective bargaining • Bargaining in good faith • Past practice • Strike • Union shop • Closed shop

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

4. 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

5. 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.

6. 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

7. Labor Relations Acts • Groundwork for collective bargaining • Private sector • National Labor Relations Act (NLRA) • Public sector • State law • Vast differences between states

8. 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

9. Unfair Labor Practice • Defined in Labor Relations Act • Authorizes labor board to impose sanctions and orders for violations

10. Impasse Disputes • Representation • Interest • Grievance

11. Representational Impasse Disputes • Who can join a union • Which union may represent certain employees • Appropriate bargaining units

12. Interest Impasse Disputes • Impasse related to negotiation of a collective bargaining agreement • Public sector • Mediation • Fact-finding • Arbitration

13. Interest Arbitration • Voluntary • Compulsory binding • Final offer

14. Interest Arbitration • Single arbitrator or arbitration panel • Authority of arbitrator(s) • Appeals of arbitration awards

15. Grievance Impasse Disputes • Allegation of violation of collective bargaining agreement • Grievance arbitration • Judicial enforcement

16. Arbitration • Steelworker Trilogy • Substantive • Procedural • Grievance belongs to the union, not the member

17. Scope of Collective Bargaining • Wages, hours, and other terms and conditions of employment • Three subjects • Mandatory • Permissive • Prohibited

18. Collective Bargaining • Impact bargaining • Unilateral changes to workplace • Past practices

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

20. Duty of Fair Representation • Exclusive bargaining representative • Fair representation • Cannot be arbitrary, discriminatory, or act in bad faith • Liability

21. 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

22. Weingarten Rights • Right to have union representation at any investigatory or disciplinary meeting or hearing • Employee must request

23. 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

24. 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

25. Summary • Collective bargaining • Labor relations acts • Bargaining in good faith • Unfair labor practice • Impasse disputes • Scope of bargaining

26. Summary • Duty of fair representation • Union security • Strikes • Weingarten rights • Garrity rights