Some Effects of the Law on Unions and Management

1
Some Effects of the Law on Unions and Management

• The Consequence of the Law
• For 130 years the government and the courts were
  strongly supportive of employers in their efforts
  to fight and prevent unions.

2
THE CONSEQUENCE OF THE LAW

• However, despite anti-union activities of the
  courts and the government, strong unionization
  did develop and become accepted in a number of
  industries.

3
THE CONSEQUENCE OF THE LAW

• The Wagner Act established a positive Public
  Policy environment for unions,
• Taft-Hartley was enacted to counter some of the
  perceived over-correction of the Wagner Act.

4
THE CONSEQUENCE OF THE LAW

• Much of the Actual Interpretation and
  Application of These Two Acts is Left to the NLRB
  and the Courts
• Who do More to Determine the Impact of the Law
  Than the Words of the Legislation.

5
REGULATION OF CERTIFICATION CAMPAIGNS

• 30 Interest - of employees in a
• unit appropriate for collective
• bargaining
• The appropriate unit is determined
• by the NLRB
• The larger the unit the less likely
• the union will prevail

6
NLRB ESTABLISHES THE RULES OF CONDUCT

• Excelsior lists
• Threats and promises
• Forged documents
• Cannot reproduce copies of the
• official ballot

7
NLRB ESTABLISHES THE RULES OF CONDUCT

• Racial, religious, and ethnic
• slurs
• 24 Hour Speech Rule
• Captive audience speeches
• Delays favor management

8
THE LAW and BARGAINING POWER

• There is a Right to Strike
• AND
• Concurrently there is a Right to
• Operate during a strike with
• replacement workers

9
THE LAW and BARGAINING POWER

• The Standard Power Relationship in Collective
  Bargaining
• IS
• The Effective Primary Strike

10
THE EFFECTIVE PRIMARY STRIKE

• Complete shutdown
• No work, no production
• Cost high to both sides

11
THE PARTIAL STRIKE

• The Use of replacement workers
• Slowdowns
• Off-Again-on-Again Strikes

12
LOCKOUTS

• Management's strike
• Limited legal use
• Current environment favorable

13
SECONDARY BOYCOTTS

• A Boycott normally refers only to the withholding
  of purchases or sales of commodities.

14
SECONDARY BOYCOTTS

• A Secondary Boycott is conducted indirectly
  against the primary party through action against
  some other Third party.
• They Are Illegal

15
SECONDARY BOYCOTTS

• Informational picketing is allowed
• NLRB files all Secondary Boycott
• actions for employers

16
SECONDARY BOYCOTTS

• Damage suits for unfair practices work in one
  direction only
• Employers

17
PICKETING

• Legalized by Norris-LaGuardia
• Adjunct to other organizational or
• bargaining tactics
• Keeps out line-crossers
• Essential to weak unions

18
PICKETING

• Mass picketing is illegal
• Stranger picketing
• Informational picketing
• Consumer boycotts
• Common-Situs picketing

19
UNION and MANAGEMENT SECURITY

• Fundamental Conditions of Union Security
• That the union exist
• and
• That the union be accorded representation rights

20
FUNDAMENTAL CONDITIONS OF UNION SECURITY

• The law has made raiding more difficult
• and it
• Requires employers to recognize unions and
  bargain with them in Good Faith

21
FUNDAMENTAL CONDITIONS OF UNION SECURITY

• Contract Bar Up to Three Years
• Membership and Dues

22
MEMBERSHIP and DUES

• Closed - Union - Open Shops
• Hiring Hall Arrangements
• Maintenance of Membership
• Agency Shop
• Dues Check-Off
• Union Shop Deauthorization
• Decertification Elections

23
RIGHT-TO-WORK LAWS

• Section 14 (b) of the Taft-Hartley Act permits
  individual states to outlaw all forms of
  compulsory union membership

24
RIGHT-TO-WORK LAWS

• State law preempts federal law when It eliminates
  or tones down union security statutes
• Federal law preempts state law when state law
  attempts to strengthen union security statutes

25
UNIONS ABILITY TO FUNCTION

• Two major union responsibilities
• Formulate and implement bargaining strategy
• Uphold its side of the contract
• Made difficult by legal restraints on internal
  discipline

26
MANAGEMENT SECURITY

• Neither state nor federal law deal with
  management security
• However
• Management rights clauses are mandatory subjects
  of bargaining

27
ATTITUDES TOWARD BARGAINING

• The general tone of a relationship
• and the atmosphere in which it exists develop
  as a consequence of behaviors on both side of the
  
• bargaining table.

28
ATTITUDES TOWARD BARGAINING

• There are Four Types of Relationships
• Conflict
• Power
• Accommodation
• Cooperation

29
CONFLICT

• Strong opposition
• Active discrimination
• Whatever-It-Takes to win
• Characteristic of small to medium
• firms

30
POWER

• Unions are undesirable but open hostility ceases
• Try to keep the union weak
• Push bargaining power to the limits
• Relationships tend to be caustic and
• strident

31
ACCOMMODATION

• Accepts union as legitimate and seeks the best
  possible relationship
• Management works at maintaining good
• Relationships with the union
• Neither side challenges the security of the other
• Management shuts down during strikes

32
COOPERATION

• Brings the union and its members directly into
  the process of improving productivity and morale
• The union ceases being an adversary and becomes a
  partner
• Bargaining shift from issue based to interest
  based (Win-Win)

33
Does the Law Foster Mature Bargaining?

• EMPLOYEE PARTICIPATION
• EMPLOYEE INVOLVEMENT
• TQMs
• vs
• LABOR LAW