Railway Labor Act (1926)
First federal statute whose sole purpose was regulation of labor relations
To prevent interruption of service
To ensure rights of employees to organize
To provide for independent organizations to represent employees
To provide for settlem
National Labor Relations (Wagner) Act (1935)
Grants employees two basic rights:
(a) the right to form, join, or assist a union and
(b) the right to engage in concerted activities for mutual aid or protection, which is any effort by two or more employees to improve pay, benefits, or working condition
Wagner Act (National Labor Relations Act) of 1935
The basic "Bill of Rights" for unions.
Protects employee rights to organize and bargain collectively through representatives of their choice.
Created the National Labor Relations Board (NLRB) to govern labor relations in the United States.
The NLRB handles two kinds of legal questions:
Unfair Labor Practice Charges
Taft-Hartley Act (The Labor-Management Relations Act) of 1947
Balances rights and duties of labor and management in collective bargaining by defining unfair union practices.
Amended the Wagner act in four
Created the Federal Mediation and Conciliation Service (FMCS) to help resolve negotiating disputes.
Unfair Union Practices (Taft-Hartley ActUnions 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 representativ
Landrum-Griffin Act (Labor-Management Reporting and Disclosure Act) of 1959
Safeguards union member rights and prevents racketeering and other unscrupulous practices by employers and union officers.
Union members have the right to:
Nominate candidates for union office
Vote in union elections or referendums
Attend union meetings
Challenges to Public Sector Unionization:
No national-level public sector labor relations laws
(Federal, state, and local government employees are excluded from coverage under the NLR)
Public employees' wages and working conditions
set by law
Substitution of compulsory binding arbitration for the
Why Employees Unionize
As a result of their economic needs
(wages and benefits)
Dissatisfaction with managerial practices
To fulfill social and status needs
A group of two or more employees who share common employment interests and conditions and may reasonably be grouped together for purposes of collective bargaining.
The legal right and responsibility of the union to represent all bargaining unit members equally, regardless of whether employees join the union
Employee Union contract
(Present case to employer and discuss possibilities and strategies.
Identify leaders and develop communication plan.
Union Strategies during Organizing
Call or visit employees at home to talk about issues like pay and job security.
Use E-mail, internet and other social media to connect employees to information.
Conduct corporate campaigns.
Publicity, boycotts, pressuring banks to withhold loans
Petition for election
After authorization cards have been signed, a petition for election is made to the regional NLRB office. 30% of employees must sign cards in order for an election to be held.
NLRB will ordinarily direct that an election be held within 30 days
Election and Certification
NLRB monitors the secret-ballot election on the set date
Board will issue a certification of the results to the participants
Majority of the employees must vote YES for union. NLRB will certify.
Process does not require either party to make concessions; i
Representation Election Process
NLRB certifies that 30 percent of eligible employees in bargaining unit have signed authorization cards and sets
date for election.
NLRB conducts secret ballot election. If union wins the majority of votes in the election,
Employer Tactics Opposing Unionization
Stressing favorable employer-employee relationship experienced without a union.
Emphasize current advantages in wages, benefits, or working conditions the employees may enjoy
Emphasize unfavorable aspects of unionism: strikes, union dues, abuses of legal
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.
Area within which the union and the employer are willing to concede when bargaining.
Good Faith Bargaining Requirements
Meetings to be held at reasonable times and places to discuss employment conditions.
Proposals and counterproposals submitted by each party must be realistic and reasonable.
Both parties must sign a written document of the agreement reached through negoti
Problem-solving bargaining based on a win-win philosophy and the development of a positive long-term relationship.
Union Bargaining Power
Strikes, pickets, and boycotts
Management Bargaining Power
Hiring permanent replacement workers
Continuing operations staffed by management
Locking out employees
Goals of Management
Management goals are to increase the organization's profits. Managers tend to prefer options that lower costs and raise output
Goals of Labor Unions
Labor unions have the goals of obtaining pay and working conditions that satisfy their members and of giving members a voice in decisions that affect them.
labor unions whose members all have a particular skill or occupation.
labor unions whose members are linked by their work in a particular industry.
an employee who as a non-paid union official represents the interests of the member in their relations with management
Ratification is the process by which a labor union contract is accepted by the union members. The union's bargaining committee presents the agreement to the union members, who vote to accept or reject the agreement.
Management Rights Clause
Management's authority is supreme in all matters except those it has expressly conceded in the agreement
Location of facilities
Selection of equipment and procedures
Includes carrying out the terms of the agreement and resolving conflicts over interpretation or violation of the agreement.
The process for resolving union-management conflicts over interpretation or violation of a collective bargaining agreement.
A process where a neutral third party offers a final and binding decision to resolve a grievance.
The company can only hire current union members. Outlawed by congress in 1947 for interstate commerce, but still exist in some industries (printing). Fewer than 5% of unions.
Company can hire nonunion employees, but they must join the union after a set number of days and pay dues. 73% of union contracts.
Employees who do not belong to the union still must pay the union an amount equal to dues (because the union's efforts benefit all workers...)
Employees are free to join the union. Those who do not join, do not pay any dues. The only shop allowed by Right to Work States.
Unfair Labor Practice Strike
union employees strike to protest an unfair/illegal practice by the employer. Employees cannot be replaced during these strikes.
Intended to force an employer to recognize a union.
strike over benefits, wages or working conditions. Employees entitled to be recalled only if openings are available.
One union striking in support of another union. Employees can be disciplined and replaced.
Illegal strike action whereby workers withhold labor because employee sells to or buys from a firm whose workers are on strike.
Alternatives to Strikes
At least 30 percent must petition for election
Petition submitted 60-90 days prior to expiration of current contract
Schedule decertification election
If majority votes against union, employees will be union free