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The Employer's "Good Faith" Bargaining Duty--A Troublesome Test in the Taft-Hartley Act
Case Western Reserve Law Review Volume 17 Issue 5 Article 11 1966 The Employer's "Good Faith" Bargaining Duty--A Troublesome Test in the Taft-Hartley Act Francis A. King Follow this and additional works at: https://scholarlycommons.law.case.edu/caselrev Part of the Law Commons Recommended Citation Francis A. King, The Employer's "Good Faith" Bargaining Duty--A Troublesome Test in the Taft-Hartley Act, 17 W. Rsrv. L. Rev. 1390 (1966) Available at: https://scholarlycommons.law.case.edu/caselrev/vol17/iss5/11 This Note is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Law Review by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. 1390 WESTERN RESERVE LAW REVIEW [Vol. 17:1390 The Employer's "Good Faith" Bargaining Duty- A Troublesome Test in the Taft-Hartley Act A CHARGE FREQUENTLY LEVELED against employers in proceed- ings before the National Labor Relations Board is the refusal to bargain in good faith as required by sections 8(a) (5) and 8(d) of the Labor Management Relations Act (LMRA) of 1947.1 Since approximately one-third of all cases heard by the NLRB involve refusal-to-bargain charges,2 it is important for an employer to know what activities on his part will give rise to such a charge. This is increasingly true in light of recent decisions requiring the employer to bargain over such issues as subcontracting, plant removal, and other activities -
Government Mandated Labor Agreements in Public Construction
GOVERNMENT MANDATED LABOR AGREEMENTS IN PUBLIC CONSTRUCTION Their History and Factors to Consider Table of Contents The History of Government Mandated Labor Agreements in the Construction Industry . 1 Government Mandated Labor Agreements In Public Construction: Factors to Consider . 7 THE HISTORY OF GOVERNMENT MANDATED LABOR AGREEMENTS IN THE CONSTRUCTION INDUSTRY How Public Officials and Their Representatives Have Changed The Purposes and Effects of Construction Project Labor Agreements What are Construction Project Labor Agreements? Project labor agreements are unique to the construction industry. Unlike collective bargaining agreements between other industrial employers and their unions, collective bargaining agreements in the construction industry usually apply only to work performed by signatory contractors in specified counties or other well-defined geographic areas. Project labor agreements are even more specialized and focus on one particular construction project. They are often referred to as “prehire” agreements because they are usually negotiated between construction contractors and one or more building trade union in advance of submitting a bid for the project, and before anyone is actually hired to perform the work. The terms and conditions of a project labor agreement generally: (1) apply to all work performed on a specific project or at a specific location, (2) require recognition of the signatory union(s) as the exclusive bargaining representatives for covered workers, whether or not the workers are union members, (3) supersede all other collective bargaining agreements, (4) prohibit strikes and lockouts, (5) require hiring through union referral systems, (6) require all contractors and subcontractors to become signatory to the agreement, (7) establish standard work rules, hours and dispute resolution procedures and (8) establish wages and benefits. -
KEEPING MINNEAPOLIS an OPEN SHOP TOWN the Citizens' Alliance in the 1930S
KEEPING MINNEAPOLIS AN OPEN SHOP TOWN The Citizens' Alliance in the 1930s Lois Quam and Peter J. Rachleff SINCE the Industrial Revolution, workers have organ forces—it relied on various "carrots"—pensions, vaca ized to build unions. Maintaining and expanding these tions, insurance, and even company unions. At the unions, however, has called for even greater organ same time, employer organization itself was strength ization. Employers responded to solidarity in kind, but ened, ranging in size and power from trade associations they united in order to resist and repel unionization. that worked with Secretary of Commerce (and later Usually, the two parties' strengths have been in inverse President) Herbert C. Hoover to locally based organi relation: a period in which employers have been well zations committed to keeping their communities and organized has typically found workers' groups to be their industries nonunion.' weak, and vice versa. When both sides were well orga No local employers' group achieved greater notoriety nized the consequences were dramatic. than the Minneapolis Citizens' Alliance (CA). Class- By the early 20th century, opposition to unions took conscious industrialists, merchants, and lawyers had on increasingly organized form. A nationwide "open worked together in the City of Lakes during the 1917-18 shop drive" between 1902 and I9I7 threatened unions trolley strikes. Over the course of the 1920s, they from the building trades to the metal shops. After a strengthened their organization and assumed the lead brief truce during World War I, employers introduced ership of the entire Minneapolis business community. the "American Plan," geared both to driving out exist By the early 1930s they had gained nationwide atten ing unions and to forestalling any new efforts. -
GLOSSARY of COLLECTIVE BARGAINING TERMS and SELECTED LABOR TOPICS
GLOSSARY of COLLECTIVE BARGAINING TERMS and SELECTED LABOR TOPICS ABEYANCE – The placement of a pending grievance (or motion) by mutual agreement of the parties, outside the specified time limits until a later date when it may be taken up and processed. ACTION - Direct action occurs when any group of union members engage in an action, such as a protest, that directly exposes a problem, or a possible solution to a contractual and/or societal issue. Union members engage in such actions to spotlight an injustice with the goal of correcting it. It further mobilizes the membership to work in concerted fashion for their own good and improvement. ACCRETION – The addition or consolidation of new employees or a new bargaining unit to or with an existing bargaining unit. ACROSS THE BOARD INCREASE - A general wage increase that covers all the members of a bargaining unit, regardless of classification, grade or step level. Such an increase may be in terms of a percentage or dollar amount. ADMINISTRATIVE LAW JUDGE – An agent of the National Labor Relations Board or the public sector commission appointed to docket, hear, settle and decide unfair labor practice cases nationwide or statewide in the public sector. They also conduct and preside over formal hearings/trials on an unfair labor practice complaint or a representation case. AFL-CIO - The American Federation of Labor and Congress of Industrial Organizations is the national federation of unions in the United States. It is made up of fifty-six national and international unions, together representing more than 12 million active and retired workers. -
Lockouts and Strike Insurance in Multiemployer Collective Bargaining
LOCKOUTS AND STRIKE INSURANCE IN MULTIEMPLOYER COLLECTIVE BARGAINING By NORMAN BUCHSBAUN,* INTRODUCTION "The growth of unions in the United States and the structure of bargaining arrangements are closely related to the development and structure of mar- kets for the products on which union members work." Competition in product markets from non-union employers and increased employee mobil- ity resulting in additional needs for staff services1 are factors accounting for union attempts to broaden the membership. Growing union strength was quickly reflected by the appearance of groups of employers forming into associations as a vigorous opposition. Such associations were organized in the 1880's as counterweights to the Knights of Labor. Primarily a technique used by large corporations, the associations were well-funded and employed detectives and armed guards and also maintained blacklists, occasionally resorting to lockouts in an effort to thwart the growth of the trade union movement. Despite the ap- parent anti-union animus of many employers, trade unions won recogni- tion, and to meet this development, the associations organized labor bu- reaus to operate plants of struck members.2 After the gradual acceptance of collective bargaining, the National Association of Manufacturers spon- sored open-shop movements. 3 Kerr and Randall suggest that the employer association had by 1948 become a leading defensive technique used by small employers in bargaining with strong unions. 4 Thus unionization of employers raises many problems relating to responsibility and good faith in collective bargaining, the real locus of power and the effects on union democracy of the enlargement of the bargaining unit, and a host of fringe questions relating to antitrust matters. -
ILO Company-Union Dialogue: an Operational Tool of the Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy (MNE Declaration)
ILO Company-Union Dialogue: An operational tool of the Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy (MNE Declaration) Questions and Answers Multinational Enterprises and Enterprise Engagement Unit May 2021 ILO/MULTI/May 2021 The ILO company-union dialogue is intended to support “dialogues involving multinational enterprises and the representatives of the workers affected, in particular trade unions, on the application of the principles of the Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy (MNE Declaration).” The provisions establishing this facility stress that “dialogue lies at the heart of the MNE Declaration” and that the “ILO, as the global authority on international labour standards, is uniquely placed to support or facilitate such dialogues as part of its overall strategy to promote the uptake of the principles of the MNE Declaration by the various parties.” Therefore, “where a company and a union voluntarily agree to take advantage of using the facilities of the International Labour Office to meet and talk, without prejudice, the Office will provide a neutral ground for discussion of issues of mutual concern.”1 This Q&A document provides information on various aspects of the company-union dialogue and explains how the facility operates in practice. It is based on actual questions received. 1. Types of possible ILO support What kinds of support can the ILO provide through the company-union dialogue? o The ILO can provide one or more of the following types of support: a). provide a neutral ground for parties to engage in meaningful dialogue; b). provide input during company–union dialogue as a technical or expert adviser to inform the company–union dialogue; c). -
Strikebreaking and the Labor Market in the United States, 1881-1894
Strikebreaking and the Labor Market in the United States, 1881-1894 JOSHUA L. ROSENBLOOM Using data from a sample of over 2,000 individual strikes in the United States from 1881 to 1894 this article examines geographic, industrial, and temporal variations in the use of strikebreakers and the sources from which they were recruited. The use of strikebreakers was not correlated with the business cycle and did not vary appreciably by region or city size, but employers located outside the Northeast or in smaller cities were more likely to use replacement workers recruited from other places. The use of strikebreakers also varied considerably across industries, and was affected by union authorization and strike size. he forces determining wages and working conditions in American labor Tmarkets were radically altered in the decades after the Civil War. Im- provements in transportation and communication increased the ability of workers to migrate in response to differential opportunities and encouraged employers in labor-scarce areas to recruit workers from relatively more labor-abundant regions. As local labor markets became increasingly in- tegrated into broader regional and national labor markets during the late nineteenth century, competitive pressures on wages and working conditions grew, and the scope for local variations in the terms of employment de- clined.1 In many industries these pressures were further compounded by technological changes that encouraged the increasingly fine division of labor and enabled employers to replace skilled craftworkers with semiskilled operatives or unskilled laborers.2 The impact of these developments on American workers was profound. Broader labor markets and technological changes expanded employment opportunities for some workers, but for others they undermined efforts to increase wages and improve working conditions.3 The increasing elasticity The Journal of Economic History, Vol. -
The Collective Agreement for the Union Shop
THE COLLECTIVE AGREEMENT FOR THE UNION SHOP LEON M. DEsPSs* NKNOWN to the courts a half century ago, the "closed shop" or union shop contract has received increasing judicial attention, particularly during the last fifteen years. With union organiza- tion itself formerly illegal, the union shop contract was, of course, also illegal. With judicial acceptance of union organization, however, the judi- cial attitude toward the union shop contract has undergone an important and exceedingly interesting development, which it is the purpose of this article to trace. At the outset, a preliminary question of terminology is posed. Like its counterpart "open shop," the term "dosed shop" rings with overtones and conflicts; "open shop" and "closed shop" have become "but battle cries in the conflict between employers and labor organizations over the problem of unionization."' Formerly the meaning of the terms "open shop" and "closed shop" was quite different from their present meaning. A "closed shop" was an unfair shop in which a union had forbidden its mem- bers to work; and an "open shop" was a shop in which a union permitted its members to work. Declaring a shop "open" was equivalent to calling off a strike or boycott.2 The change in meaning occurred about 189o. Al- though perhaps first used by unionists, the term "closed shop" was seized upon by employers to obtain the greatest possible advantage in publicizing its unfavorable connotations. Trade unionists have often since condemned the term, saying that the only closed shop is the so-called "open shop" which is really closed to union members.3 "Open shop" and "closed shop" have thus become catchwords which obscure the underlying issues; and to avoid the use of those terms, this article will use the term "union shop," * Member of the Illinois Bar. -
The Open Shop Union, Wages and Management Opposition
The Open Shop Union, Wages and Management Opposition. by Robin Naylor and Oddb j,'rn Raaum Department of Economics University of Warwick No. 332 November 1989 This paper is circulated for discussion purposes only and its contents should be considered preliminary. The Open Shop Union, Wages and Management Opposition. In Robin Naylor and Oddbjom Raaum Warwick Economic Research Paper no. 332 Department of Economics University of Warwick Coventry, UK November 1989 1 I Introduction The purpose of this paper is to develop a theoretical model in which the level of union membership and the union wage mark-up are determined endogenously. This contrasts with most of the recent work on the economic theory of the trade union which has assumed a union closed shop and then focussed on the union objective function and the bargaining framework. We would argue that the empirical evidence on the pattern of union density across establishments, in the UK at least, indicates the importance of explaining the existence of the open shop, where union membership exists but can be less than 100% of the workforce. For example, Millward and Stevens (1986) in their report on the 1984 Workplace Industrial Relations Survey show that union density is at some intermediate level in as many as 50% of all private sector establishments. A closed shop is present in fewer than half the establishments in which union members are present. Furthermore, it is likely that the ability of the union to obtain a wage mark- up will depend, amongst other things, upon the level of union membership and the associated bargaining arrangements in the establishment.) This underlines the need to explain the determinants of density in analysing union wage effects. -
Opening the Closed Shop
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Texas A&M Repository OPENING THE CLOSED SHOP: THE GALVESTON LONGSHOREMEN'S STRIKE, 1920-1921 A Thesis by JOSEPH ANTHONY ABEL Submitted to the Office of Graduate Studies of Texas A&M University in partial fulfillment of the requirements for the degree of MASTER OF ARTS December 2004 Major Subject: History OPENING THE CLOSED SHOP: THE GALVESTON LONGSHOREMEN'S STRIKE, 1920-1921 A Thesis by JOSEPH ANTHONY ABEL Submitted to Texas A&M University in partial fulfillment of the requirements for the degree of MASTER OF ARTS Approved as to style and content by: _________________________ _________________________ David Vaught Robert Resch (Chair of Committee) (Member) _________________________ _________________________ Gregory Pappas Walter Buenger (Member) (Head of Department) December 2004 Major Subject: History iii ABSTRACT Opening the Closed Shop: The Galveston Longshoremen’s Strike, 1920-1921. (December 2004) Joseph Anthony Abel, B.A., University of Houston Chair of Advisory Committee: Dr. David Vaught Beginning in March of 1920, the Galveston coastwise longshoremen’s strike against the Morgan-Southern Pacific and Mallory steamship lines was a pivotal moment in the history of organized labor in Texas. Local and statewide business interests proved their willingness to use the state apparatus by calling on Governor William P. Hobby and the Texas National Guard to open the Port of Galveston. Despite this, the striking dockworkers maintained the moral support of many local citizens from a variety of social classes, including small merchants and officials of the Galveston municipal government. By February of 1921, however, the segregated locals representing the striking longshoremen had fallen victim to the divisive racial tactics of the shipping companies, who implemented the open-shop policy of non-discrimination in hiring on their docks. -
Korea Observer 49-1 4차편집본
Union Strategy to Revitalize Weakening Worker Representation in South Korea 83 Union Strategy to Revitalize Weakening Worker Representation in South Korea* Hyung-Tag Kim**, Young-Myon Lee*** The rapid growth of South Korea's labor unions after 1987 Great Labor Offensive has been considered as one of the highest achievements in labor movement history. Yet now the social influence of labor unions in South Korea has been starkly reduced. For example, wage gaps between regular and non-regular workers and between workers at large and small companies have expanded, and union density as well as the application rate for collective agreements has fallen to about 10%. Rapid and dramatic changes in industrial structure and employment types coupled with regulatory limitations to collective agreement protections and application have reduced the appeal of union membership for many. And Korean unions have not seemed to adapt: although union membership is markedly industry-level, collective agreements are applied and managed within a traditional company-level IR framework. Unionism in South Korea needs urgent revitalization. The authors recommend this revitalization should proceed through institutional changes for improving workers' representation and through more also active organizing activity, but primarily it should happen through restoring a sense of solidarity among workers in the most basic sense. Key Words: labor union, employee representation, union revitalization strategy I. Past History and Current Status of Unionism in South Korea After the Great Labor Offensive during 1987 – 1989, Korea labor union movement achieved worldwide fame with its militancy. It had been considered as a successful example of creating new horizon under the situation of declining global labor union movement with such as COSATU of South Africa and CUT of Brazil. -
Glossary of Labour Terms
Glossary of Labour Terms Available online at: http://prairies.psac.com/stewards-dictionary ADJUDICATION: Process for settling grievances by a third party when they arise out of the interpretation or application of a collective agreement or arbitral award, or out of disciplinary action resulting in financial loss or penalty (i.e., discharge, suspension ). Normally used for Public Service units covered by the Public Service Staff Relations Act. See Arbitration. AGREEMENT, COLLECTIVE: A contract (‘Collective Agreement’ and ‘Contract’ are used interchangeably) between the union acting as the bargaining agent and the employer, covering wages, hours of work, working conditions, benefits, rights of workers and union, and procedures to be followed in settling disputes and grievances. APPEAL: Procedure for seeking redress from Public Service Commission against: appointments to a job made by closed competition or job appointments made without competition. Applies only to Public Service units covered by the Public Service Employment Act. ARBITRATION: A method of settling negotiating disputes through the intervention of a third party whose decision is final and binding. Such a third party can be either a single arbitrator, or a board consisting of a chairman and one or more representatives. Voluntary Arbitration is that agreed to by the parties without statutory compulsion. Compulsory Arbitration is that imposed by law. Governments sometimes impose it to avoid a strike or to end one. Arbitration (same as adjudication) terminology is used in the Canada Labour Code, Part I, the Northwest Territories Ordinances, and most Provincial Labour Codes and Acts. BARGAINING AGENT: Union designated by a labour relations board or similar government agency e.g.