Labor-Management Reporting and Disclosure
Quickie Elections
"Ambush Elections" Rule
·
speed up how long an
election takes
Concerted Activity
·
any activity that is
tied to employees being unhappy: only employees can be members of the union,
not managers. Ex. Using YouTube, Code of conduct guidelines
Ex. Hooters girl being fired for cursing at contest winner and posting negative
comments ; she was protected under the NLRA
Social media
- no right to privacy, screen shots
- The NLRB concludes that almost any discussion among co-workers pertaining to
workplace matters could be considered "protected" under the NLRA,
regardless of whether such discussion is undertaken to initiate or prepare for
group action in the interest of employees.
Employer Position
Statement
·
only seven days
(drastic reduction in time)
Pre- Election Hearing
·
must be postponed
until after election
Limited Post Hearing
Briefs
·
few appeal options
Labor Relations
·
a specialized field
that emphasizes skills managers and union leaders can use to foster effective
labor-management cooperation, minimize costly forms of conflict, such as
strikes, and seek win-win solutions to disagreements.
Labor Relations
Strategy
·
For management, the
decision involves extent to which organization attempts to remain union-free.
(Line management key).
Negotiating contracts
·
Contract negotiations
in a union setting involve decisions about pay structure, job security, work
rules, workplace safety, and many other issues.
Administering
contracts
·
the decisions involve
day-to-day activities in which union members and the organization's managers
may have disagreements. Issues include complaints of work rules being violated
or workers being treated unfairly in situations. A formal grievance procedure
is typically used to resolve issues. Line managers must be skilled to avoid
dissension.
Ex. if a manager smell liquor on a truck drivers breath, they have to wait until
they hear from union rep. to test them.
Employers value
knowledge of labor relations
- Labor relations strategy
- Remaining union free
- Negotiating contracts
- Administering contracts
* Staying in compliance with NLRB rulings
NLRB (National Labor
Relations Board)
- independent federal agency that enforces labor
laws in the private sector. Board members are appointed by the president to
5-year terms, with senate consent, the term of one member expiring each year.
Dissatisfaction -
violation of physiological contract. Sources of dissatisfaction
·
Incompetent or
inconsiderate supervision (key source of employee frustration) BAD SUPERVISION
2. Unmet expectations about issues such as working conditions, requirements of
the work itself, level of effort demanded, and reward system.
3. Boring work
Lack of Power - an
employee may have the power to correct sources of dissatisfaction
·
What determines power:
1. essentially - importance of the job to the employer (if the job is
important, you have power)
2. Exclusivity - difficulty in replacing the employee (having unique skills
that others don't)
Union Instrumentality
·
extent to which a
union is perceived to have power to remove the causes of dissatisfaction (do
you think the union will actually work?)
Ex. most unions, factories/ plants get ran into the ground.
National Labor
Relations Act (Wagner Act 1935)
·
the right of workers
to form, join, assist labor unions and bargain collectively
NLRB 5 Functions
·
-Conduct elections
- Investigate charges
- Facilitate settlements
-Decide Cases
-Enforce Orders
Good Faith Bargaining
(both sides)
- Duty to approach negotiations with sincere
resolve
- Have authorized representatives prepared to negotiate
- Meet at reasonable times and places
- Furnish info needed to negotiate
Closed Shop
- employer hires only union members (must show
proof of membership before applying for a job)
- being a union member is a precondition of employment
- maintaining a union membership required to keep a job.
- employers REQUIRED to hire only labor union members. Taft-Hartley OUTLAWED
this
Labor Management
Relations Act (Taft-Hartley Act, 1947
·
amended NLRA to reduce
power of unions (outlawed closed shops)
- right to work laws
-outlawed closed shop
- agency shop cause
Free riders
Union Shops
·
if employees not in a
right to work state, union contract may require workers join the union within a
specific time AFTER being hired.
Ex. Kentucky just became 27th Right To Work State, Missouri and new Hampshire
expected soon.
Agency Shop
- f employees in a RIGHT TO WORK state and the
employer has a recognized union representing its employees, employees are not
required to join the union but may be required to pay fees to the union to
cover expenses of representation "union security agreement."
- requires non-union members to pay union dues without being subject to union
rules. Some may say this is unfair but since nonmembers have the same benefits
as union members, others say nonmembers should pay.
Free Riders
·
nonmembers who receive
benefits without paying dues or fees.
Ex. if you're not a member of the union and while others who are go on strike,
you get great pay once they come to an agreement, you get all the benefits.
Federal Mediation and
Conciliation Service
·
Under the Labor
-Management Act of 1947, FMCS provides free mediation services in contract
negotiation disputes between employers and their unionized employees. All the
parties have to do is make a request.
Landrum -Griffin Act
(Labor - Management Reporting and Disclosure Act of 1959)
- Deals with union corruption and member bill of
rights
- Promote union democracy and financial integrity in private sector unions.
- Promote transparency through reporting and disclosure requirements for
unions, their officials, employers, consultants, surety companies
- Office of Labor- Management Standards (OLMS)
Office of Labor-
Management Standards (OLMS)
·
OLMS of DOL
administers and enforces most provisions of the Labor-Management Reporting and
Disclosure Act of 1959 (LMRDA). The LMRDA pro
Labor-Management
Reporting and Disclosure Act of 1959 (LMRDA)
·
primarily promotes
union democracy and financial integrity in private sector labor unions through
standards for union officer elections and union trusteeships and safeguard for
union assets. Additionally, the LMRDA promotes labor union and labor-management
transparency through reporting and disclosure requirements for labor unions and
their officials, employers, labor relations consalutants, and surety companies.
National Labor
Relations Board
·
Enforcement of the
NRLA resets with the National Labor Relations Board (NLRB).
The NLRB has two major
functions:
·
to conduct and certify
representation elections and to prevent unfair labor practices.
2. It does not initiate either of these actions but responds to requests for
action.
Representation
Elections
·
The NLRB is
responsible for determining the appropriate bargaining unit and the employees
who are eligible to participate in organizing activities.
Prevention of Unfair
Labor Practices
·
The handling of
complaints regarding unfair labor practices begins when someone files a charge
within 180 days after the alleged unfair practice. The charge is investigated
by a regional office. If the NLRB finds the charge has merit and issues a
complaint, two actions are possible:
1. the NLRB may defer to a grievance procedure agreed on by the employer and
the union
2. a hearing may be held before an administrative law judge.
National Labor
Relations Board
·
Has the authority to
issue cease-and-desist orders to halt unfair labor practices. Can order the
employer to reinstate workers, with or without back pay. The NLRB can also set
aside the results of an election if it believes either the union or the
employer has created "an atmosphere or confusion or fear of
reprisals."
Union Organizing
- Unions begin their involvement with an
organization's employees by conducting an organizing campaign.
- To meet its objectives, a union needs to convince a majority of workers that
they should receive better pay or other employment conditions and that the
union will help them achieve these. The employer's objectives will depend on
its strategy
The Process of
Organizing
- the organizing process begins with
authorization cards.
- For the organization process to continue, at least 30% of employees must sign
an authorization card.
Recognition of a union
can occur in two ways:
- For a consent election, the employer and the
union seeking representation arrive at an agreement stating the time and place
of the election, the choices included on the ballot, and a way to determine who
is eligible to vote.
- For a stipulation election, the parties cannot agree on all of these terms,
so the NLRB dictates the time and place, ballot choices, and the method of
determining eligibility.
The Process of
Organizing
- Once the NLRB has certified a union as the
exclusive representative of a group of employees, it will not permit additional
elections for one year. Also, after a negotiation of a contract has occurred,
an election cannot be held for the time of the contract period or for three
years, whichever comes first.
Management Strategies
- Sometimes an employer will recognize a union
after a majority of employees has signed authorization cards. More often, there
is a hotly contested election campaign.
- Employers use a variety of methods to oppose unions in organizing campaigns.
These efforts range from hiring consultants to distributing leaflets and
letters, as well as presenting the company's viewpoint at meetings of
employees. However, some employers' actions go beyond what the law permits
Collective Bargaining
·
a union negotiates on
behalf of its members with management representatives to arrive at a contract
defining conditions of employment for the term of the contract and to resolve
differences in the way they interpret the contract.
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