The Dynamics of Labor Relations. The Challenges of Human Resources Management. Test Your Labor Relations Know-How. Test Your Labor Relations Know-How (cont.). The Labor Movement. 1790Skilled craftsmen organize into trade unions. 1869The Knights of Labor seek social and political reform. - PowerPoint PPT Presentation
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• The “House of Labor” Disseminates labor policy developed by leaders
of affiliated unions. Coordinates organizing activities among
affiliated unions. Provides research and other assistance through
its various departments. Lobbies before legislative bodies on labor subjects Publicizes the concerns and benefits of unionization Resolves disputes between different unions
• National Unions set the broad guidelines for governing union members and for
formulating collective bargaining goals in dealing with management
establishes the rules and conditions under which the local unions may be chartered
• Other services:1. training of union leaders, 2. legal assistance, 3. leadership in political activity,4. educational and public relations programs, and 5. discipline of union members.
Union Avoidance Practices• Pay• Promote more employees from within• Conduct cultural audits• Offer job rotations and training programs• Share information with employees • Have desirable working conditions
• Section 7 of the Act guarantees employee rights: To self-organization, to form, join, or assist labor
organizations, to bargain collectively through freely chosen representatives.
To engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection.
To refrain from any or all of 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.
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Unfair Employer Labor Practices
• To “interface with, restrain, or coerce employees” in exercising their right of self-organization
• To dominate or interfere with either the formation or the administration of labor unions
• To discriminate against employees for legal union activities
• To discharge or discriminate against employees who file unfair practice charges against the company
• To refuse to bargain collectively with their employees’ representatives
• Section 8 of the Wagner Act outlawed employer practices that deny employees their rights and benefits: Interference with Section 7 rights Domination of a union (company union) Discrimination against union members Arbitrary discharge of union members Refusal to bargain with the union
• Unions are prohibited from: Interfering with Section 7 rights of employees Interfering with representation elections Influencing employers to discriminate with regard to union
membership Refusal to bargain collectively with employer Interference with certified employee representative’s
relationship with employer Assessment of excessive initiation fees and dues on
Landrum-Griffin Act (Bill of Rights of Union Members)
• Union members have the right to: Nominate candidates for union office Vote in union elections or referendums Attend union meetings Participate in union meetings and vote on union
business Examine union accounts and records Bring suit against union officers as necessary to
NLRB Hearing Officer’s Duties• Determining if the record indicates there
is enough evidence to hold an election Did 30% of the employees in an appropriate
bargaining unit sign the authorization cards?
• Deciding what the bargaining unit will be The bargaining unit is the group of employees
that the union will be authorized to represent and bargain for collectively.
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The Union Drive and Election (cont’d)• Step 4. The Campaign
Both sides present their platforms.
• Step 5. The Election Held within 30 to 60 days after the NLRB issues
its Decision and Direction of Election. The election is by secret ballot; the NLRB provides
and counts the ballots. The union becomes the employees’ representative
by getting a majority of the votes cast in the election.
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Sample NLRB Ballot
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How to Lose a NLRB Election• Reason 1. Asleep at the Switch• Reason 2. Appointing a Committee• Reason 3. Concentrating on Money and Benefits• Reason 4. Industry Blind Spots• Reason 5. Delegating Too Much to Divisions
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The Union Drive and Election (cont’d)• The Supervisor’s Role
Unfair labor practices by supervisors: Could cause the NLRB to hold a new election after the
company has won a previous election. Could cause the company to forfeit the second election and
go directly to contract negotiation.
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Union Avoidance: What Not to Do
• Watch what you say. Angry feelings of the moment may get you in trouble.• Never threaten workers with what you will do or what will happen if a union comes in. Do not say, for example, that
the business will close or move, that wages will go down or overtime will be eliminated, that there will be layoffs, etc.• Don’t tell union sympathizers that they will suffer in any way for their support. Don’t terminate or discipline workers
for engaging in union activities.• Don’t interrogate workers about union sympathizers or organizers.• Don’t ask workers to remove union screensavers or campaign buttons if you allow these things for other organizations.• Don’t treat pro-union or anti-union workers any differently.• Don’t transfer workers on the basis of union affiliation or sympathies.• Don’t ask workers how they are going to vote or how others may vote.• Don’t ask employees about union meetings or any matters related to unions. You can listen, but don’t ask for details.• Don’t promise workers benefits, promotions, or anything else if they vote against the union.• Avoid becoming involved—in any way—in the details of the union’s election or campaign, and don’t participate
in any petition movement against the union.• Don’t give financial aid or any support to any unions.
Any one of these practices may result in a finding of “unfair labor practices,” which may in turn result in recognition of a union without an election, as well as fines for your firm.
Human resources professionals must be very careful to do the following during union activities at their firms:
The Bargaining Process• Collective Bargaining Process
The process of negotiating a labor agreement, including the use of economic pressures by both parties.– Preparing for Negotiations– Gathering Bargaining Data– Developing Bargaining Strategies and Tactics– Negotiating the Labor Agreement
• Bargaining Zone Area within which the union and the employer are
• The bulk of labor relations activity comes from the day-to-day administration of the agreement because no agreement could possibly anticipate all the forms that disputes may take.
• Once the agreement is signed, each side will naturally interpret ambiguous clauses to its own advantage. These differences are traditionally resolved through the grievance procedure.
Any factor involving wages, hours, or conditions of employment that is used as a complaint against the employer
• Sources of Grievances Discipline Seniority Job evaluations Work assignments Overtime Vacations Incentive plans Holiday pay Problem employees Absenteeism Insubordination Plant rules
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Sample OnlineGrievance Form
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Grievance Procedure• Grievant and shop steward meet with supervisor.
If not resolved, employee files formal grievance
• Grievant and shop steward meet with supervisor’s boss. If grievance is not resolved, meeting with higher-level managers.
• If not resolved, matter goes to arbitration.
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Handling Grievances: Do1. Investigate and handle each case as though it may eventually
result in arbitration.2. Talk with the employee about his or her grievance; give the
person a full hearing.3. Require the union to identify specific contractual provisions
allegedly violated.4. Comply with the contractual time limits for handling the grievance.5. Visit the work area of the grievance.6. Determine whether there were any witnesses.7. Examine the grievant’s personnel record.8. Fully examine prior grievance records.9. Treat the union representative as your equal.10. Hold your grievance discussions privately.11. Fully inform your own supervisor of grievance matters.
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Handling Grievances: Don’t1. Discuss the case with the union steward alone—the grievant should be
there.2. Make arrangements with individual employees that are inconsistent with
the labor agreement.3. Hold back the remedy if the company is wrong.4. Admit to the binding effect of a past practice.5. Relinquish to the union your rights as a manager.6. Settle grievances on what is “fair.” Stick to the labor agreement.7. Bargain over items not covered by the contract.8. Treat as subject to arbitration claims demanding discipline or discharge
of managers.9. Give long written grievance answers.10. Trade a grievance settlement for a grievance withdrawal.11. Deny grievances because “your hands are tied by management.”12. Agree to informal amendments in the contract.
Contemporary Challenges to Labor Organizations (cont.)
• Globalization and Technological Change Offshoring: work that was previously carried out in one
country moved to another most of the recent growth in U.S. companies comes from
outside of the country
• Employers need to pay more attention to the relevant stakeholders such as unions, employees and communities in which they operate
• Most job loss in America is not due to offshoring, but rather to technological changes.
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Organizing professionals and white-collar
employees
Pushing “card check” for union recognition
Filing class action lawsuits to support
workers
Forming alliances with overseas unions
New Union Tactics
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The Union Movement Today and Tomorrow• Reasons for the Decline in Union Membership
Laws have taken over much of the union’s role as the workers’ protector.
Automation, globalization, and technology have reduced jobs in unionized manufacturing sectors.
Unions have failed to organize new plants. Management has become better at resisting
union-organizing efforts.
• Upswing Coming? Unions have been more aggressive lately in organizing
public sector workers and white-collar workers.
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Public Employees and Unions• Size of Public Unions
The National Education Association; the American Federation of State, County, and Municipal Employees; and the American Federation of Teachers—are among the largest U.S. unions.
• Laws Supporting Public Sector Organizing Executive Order 10988
Recognized organizing rights of public sector employees Title VII of the Civil Service Reform Act of 1978
(known as the Federal Labor Relations Act) Established the Federal Labor Relations Authority