Module 5: Employee and Labor Relations Why People Join Unions

Milestones in Employee and Labor Relations

Module 5: Employee and Labor Relations

22% PHR (49 questions) 18% SPHR (41 questions)

Why People Join Unions Recent Union Trends

National Labor Relations Act Employee Relations and EEO Laws (Wagner Act)

• The NLRA was passed for the purpose of • EEO laws prohibit employment discrimination. protecting and encouraging the growth of the union movement. • Laws provide protection that some employees once looked to unions to provide. • Important! The Act applies to all workers, not just union workers. • The EEOC is responsible for handling • Allows workers to: complaints related to discrimination. – Organize themselves. • As a general rule, complaint charges must be – Form, join, or assist labor organizations. filed within 180 days of the alleged – Bargain collectively. discrimination. – Engage in concerted activity for the purpose of • EEOC may ask an employer to initiate mutual aid and protection. mediation before it investigates a complaint.

• Notification of counsel after delivery of complaint • Answering the complaint • Scheduling conferences • Discovery process • Summary judgment • Pretrial and trial

Common Law Exceptions to EAW

• Based on court decisions rather than statutory law. • Employment-at-will (EAW) is one of the most important common-law doctrines. – Employers have the right at any time, with or without prior notice, to hire, fire, demote, or promote anyone they choose unless there is a law or contract to the contrary. – Employees may quit at any time for any reason, with or without prior notice.

Common-Law Tort Claims Common Law Tort Claims

Tort law protects a person’s: • Negligent hiring/Negligent retention • Physical safety and well-being. • Defamation • Enjoyment of their property. • Fraudulent misrepresentation • Duty of loyalty • Financial resources. • Invasion of privacy • Reputation.

Tort claims arise when these rights are affected.

• Injuring someone’s reputation by making a false and malicious statement. • Statement may be spoken (slander) or written (libel). • Statement must be shown to be: – False and malicious. – Harmful to an employee’s reputation. Claims can be prevented by conducting background – Made without a legitimate business reason. and reference checks on applicants.

Fraudulent Misrepresentation Other Common-Law Tort Claims

Common-Law Contract Issues Agreements Enforced by Law

• Contract definition: – Agreement between two or more persons to do or not do something in exchange for something of value. • Contract law provides remedies if the contract is breached. • Contracts can be written or oral.

• Codetermination – Practice in which employees have a role in the Laws that govern international employee and labor management of a company that includes worker representatives with voting rights on the corporate board of directors. relations include: • Collective Bargaining – The process used to formulate labor-management agreements. • Industrial Democracy – Employees have legally mandated rights to participate in management decisions. • Shop-floor Participation – Participatory management approach in which workers have the opportunity to identify problems and help resolve them. • Social Charter – Legislation pending before the EU where employment conditions and practices would be standardized throughout the EU. • Work Councils – Groups of workers and management representatives charged with examining how to improve company performance, working conditions, job security, etc., but where the company has final right of approval.

HR’s Role in Developing Positive Characteristics of Union- Positive Employee Relations Free Organizations

• Work for the fair treatment of employees • Train management in fairness issues • Maintain and/or improve employee morale • Attempt to resolve employee problems • Treat employees fairly and respect their dignity

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Feedback and Communication in Total Rewards in a Union-Free Union-Free Organizations Environment

• Nonunion companies • Nonunion companies • Attitude (climate) • Employee committees, provide information develop: surveys called employee on: – Performance appraisal councils • HR/labor relations – Compensation and systems. reviews • Electronic salary data. – Rewards and • Skip-level interviews communications – Market comparisons. recognition programs. • Open-door meetings • Problem-solving – Salary grades. – Train their managers To an employee, the • Department procedures – How raises are awarded. company is no better or meetings • Counseling – Cost of health care. worse than their immediate supervisor

• Empowered employees contribute more to the long-term health of the organization • Have a more positive attitude • Can help identify solutions to quality and productivity problems • Are more committed to organizational goals

Employee Involvement (EI) EI Strategies:Job Design

• Links the shared interests of the employee and the Aims at balance between: company for mutual benefit. • Efficiency • Employee satisfaction • Gives employees the freedom and responsibility to – Division of labor – Skill variety make job-related decisions. – Standardization – Task identity • Also known as participative management or – Specialization – Task significance empowerment. – Autonomy • HR communicates company goals, develops and – Feedback maintains EI programs, and helps build trust in – Job enlargement, rotation, employees. and enrichment

Frederick Taylor’s concept of Scientific Elton Mayo’s Hawthorne Studies Management (Concern for Efficiency) (Employee Satisfaction)

• Division of Labor – Jobs are reduced to their smallest components • Heralded the beginning of the human relations • Standardization – The most efficient way to do a movement and the study of industrial sociology, job is determined and uniformly instituted which advocated job design as a way to direct • Specialization – As employees performed the same work groups toward the goals of the organization. task, they became more proficient • Proved that individual behaviors are altered when • Although these techniques can develop expertise workers are involved and management shows and lead to economic advantages, they can also interest in an employee’s work. lead to boredom and low morale.

5-29 5-30 Characteristics of Job Design Job Redesign Strategies

• Skill Variety – Job requires a variety of different • Job enlargement – Broadens the scope of a job by skills (Meaningfulness) expanding the number of different tasks, adding • Task Identity – Job requires a “whole” identifiable similar operations unit of work (Meaningfulness) • Job rotation – Breaks the monotony of routine jobs • Task Significance – Job has a significant impact on by shifting employees between comparable but other people (Meaningfulness) different jobs • Autonomy – Employee has freedom and discretion • Job enrichment – Increases the depth of job by in his/her work (Responsibility) adding responsibility • Feedback – Clear information is received on job performance (Knowledge of results)

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EI Strategies: Alternate Work Schedules EI Strategies: Workplace Teams

Committees Flextime Teams are accountable for specific objectives Tele- Compressed commuting workweeks Work Project and performance goals. teams teams

SchedulesSchedules TeamsTeams Teams and job design Phased Regular combine to increase retirement part-time Task Self-directed productivity and job forces teams Job satisfaction. sharing

EI Strategies: Workplace Teams Employee Suggestion Systems

• Committees – Have an ongoing charter, cross-functional, consists of volunteers. (ex. Safety Committee) To ensure success: • Work Team – Has an ongoing charter, may be organized by • Publicize the system. function or across functions, participation is a permanent part of daily work. Cross-functional work team are • Collect and evaluate suggestions regularly. referred to as “horizontal” teams. • Develop rules for judging suggestions. • Task Force – (T)emporary, ad hoc assignments, consists of volunteers, address long-term strategic issues. • Respond promptly to suggestions submitted. • Project Team – Ad Hoc assignments, cross functional, comes • Share viable suggestions with upper management together for a specific project. for approval and reward. • Self-directed Team – Assumes complete autonomy in a specific area of work. Participation is a permanent part of • Match the reward to the suggestion. daily work.

5-35 5-36 Assessment Methods Employee Surveys

• Improving the workplace and increasing employee engagement begins with knowing what employees Attitude Surveys Opinion Surveys need and value. Measure job Measure data on • HR can use two primary tools for assessment satisfaction specific issues – Employee surveys – Employee focus groups Employees should be guaranteed anonymity and given feedback on results. Value of surveys is in measuring improvements over regular time periods.

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Benefits of Employee Surveys Special Considerations

• Provides a direct means of assessing employee • Give feedback on the results of the survey attitudes that would otherwise be unreported • Guarantee anonymity • Shows employees that their views are considered • Employees will be brutally honest, if management important cannot accept criticism, don’t perform survey • Increases levels of trust, if results are acted upon • HR will most likely take a hit • Detects early warning signs of workplace issues before they become problems • Employees may not put some issues in proper The value of surveys is in measuring perspective improvements over regular time periods. • Online surveys yield the highest response rates

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Special Considerations for Focus Employee Focus Groups Groups

• Small group participating • Planning is critical, work the bugs out first in a structured discussion • The right facilitator is important: should be with a facilitator. independent, good listener, know the topic • Provide qualitative data on reasonably well, possess facilitation skills, be specific issues. conscious of time restraints, have enthusiasm for • The qualitative data the session enriches quantitative • The importance of participant selection results. • Provide in-depth feedback • Note taking is important on specific issues. • Often used as a follow-up to a survey.

Policy Broad statement that reflects philosophy, Rush to conclusions objectives, or standards; general in nature. Manipulated Graphical Procedure Detailed, step-by-step descriptions; results misrepresentation Errors specify what, when, where, and who. Work rule Reflects management decisions regarding specific actions to be taken or avoided in “Analysis Analysis a given situation. paralysis” errors

Guidelines for Employee Handbooks Properly Administered Discipline

• Keep it simple and current, include necessary • Transmits rules of the organization legalities • Corrects an errant employee’s behavior • Distinguish between company-wide policies and • Promotes fairness job specifics. • Preserves respect for management • Accommodate multilingual requirements. • Demonstrates that a terminated employee was • Obtain evidence of receipt. treated fairly • Create an appealing, well-written book. • Should concentrate on the desired results rather Improperly drafted handbooks can create an on the employee’s shortcomings employment-at-will exception.

Preventive Measures to Avoid Behavior Issues Disciplinary Action

• Absenteeism: – Time lost when employees do not come to work as scheduled • Tardiness: – Time lost when employees report to work late

When taking disciplinary action for excessive absenteeism or tardiness, do not count absences protected by FMLA, USERRA, or state law.

• A problem solving and grievance resolution Document all steps— 5. approach that: even the oral steps. Discharge – Is cost efficient 4. Final – Provides employees and employers a fair and written warning private forum to resolve workplace disputes 3. First written warning – Reduces the number of cases that end up being litigated in court or in formal arbitration, but it 2. Oral warning does not preclude litigation.

1. Problem solving and open dialogue

Alternative Dispute Resolution “ADR” Options Circuit City Stores v. Adams

• Open-door policy (preventive) • The Supreme Court held that a provision in a pre- • Ombudsperson (increases management access but hire employment application requiring that all not empowered to settle) employment disputes be settled by arbitration was • Peer review (may not change company policy, but enforceable under the Federal Arbitration Act may recommend changes to company policy; often (FAA). limited to suspensions and discharges) • Mediation (nonbinding) • Arbitration (binding or nonbinding)

Sherman Anti-Trust and Clayton EEOC v. Waffle House Acts Sherman Anti-Trust Act • The Supreme Court held that even if there is a • Primarily directed at monopolistic employers. mandatory arbitration agreement, the relevant civil rights agency can still sue on behalf of the • Resulted in injunctions issued against union employee. activities. Clayton Act • Clarified and supplemented the Sherman Anti- Trust Act. • Minimally restricted injunctions against labor. • Legalized peaceful strikes, picketing, and boycotts.

5-53 © SHRM 5-54 Clayton Act Railway Labor Act

• Regulated:  Price discrimination. • Passed to reduce labor conflict and the possibility  Tying contract – an arrangement in which a seller of of transportation strikes. one good requires buyers to purchase other goods – Gave railroad employees the “right to organize as well. and bargain collectively through  Exclusive dealing – a producer prohibits customers from purchasing from other sellers. representatives of their own choosing.”  Interlocking directorate – an arrangement whereby – Seeks to substitute bargaining, arbitration, and one individual serves on the board of directors of mediation for strikes as a means of resolving competing firms. labor disputes.  Mergers and acquisitions that lessen competition. Minimally restricted the use of injunctions and legalized • Today it covers both railroad and airline peaceful strikes, picketing, and boycotts. employees.

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National Labor Relations Act Norris-LaGuardia Act (Wagner Act)

Labor-Management Relations Act Labor-Management Relations Act (Taft-Hartley Act or LMRA) (Taft-Hartley Act or LMRA)

• A union is an organization that has the right to represent and bargain for a group of employees. • Union’s primary goal – To gain official recognition from the employer to represent and bargain for a group of employees.

Recognition Road to Unionization

• Recognition means that an employer recognizes the union as being entitled to conduct collective bargaining on behalf of the workers in a particular bargaining unit. • Management has a statutory duty to bargain with the union holding such exclusive recognition.

The process begins with the union organizing campaign.

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Before Launching an Organizing Campaign Organizing Campaign

• The seriousness of perceived employee complaints • Most effective organizing is done inside the workplace by employees. • Number of potential dues-paying employees • Employees can solicit only during non-working • Estimated cost of the organizing drive and cost of time and may distribute literature in non-work servicing the bargaining unit once it is organized areas during non-working time. • Estimated chances of success and cost of servicing • Solicitation rules must apply to all causes and the bargaining unit organizations. • Strategic importance of the proposed unit • Activities include salting, leafleting, meetings, • Interest by other unions in the unit home visits, phone calls, and internet and media campaigns.

5-65 © SHRM 5-66 Salting Toering Electric Company

• Process of using paid union organizers to infiltrate an • organization and organize its workers. NLRB ruled that an applicant for employment must be genuinely interested in seeking to establish an employment • An adverse employment action against a salt usually results in the filing of a ULP against the employer. relationship with the employer in order to be protected against hiring discrimination based on union affiliation or • Recent NLRB rulings state: activity. – An applicant must be genuinely interested in employment to be protected against hiring • The reasoning: “one cannot be denied what one does not discrimination based on union activity. genuinely seek.” – The union must provide evidence that supports the • The NLRB ruled that the NLRB general counsel bears the period of time a salt would have been employed—the ultimate burden of proving an individual’s genuine interest standard used to determine back pay. in seeking to work for the employer.

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Oil Capital Sheet Metal, Inc. Inside Organizing Tactics by Unions

• The NLRB ruled placed the burden of proof on • Meetings off-site the union to provide evidence that supports the • Home visits – Expensive but one of the most period of time it claims a terminated salt would effective techniques have been employed for the purposes of • Telephone organizing – Less effective than home determining back pay. visits, but more economical • The reasoning: The very purpose of a salt is to • Internet campaign – Can reach a large audience attempt to organize a nonunion company and effectively after some period of time, the union will send the • Media campaign salt to the next nonunion company. The union is • Indirect pressure – Best defense is to have a firmly in a better position to prove the duration of the established and widely communicated response salt’s employment. policy.

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Picketing Management Rights in a Campaign

• Management has the right to: • Organizational picketing – Speak out against the organizing attempt. – Induces employees to accept the union as their – Point out the consequences of a strike and the representative. union’s strike history. • Recognitional picketing – Communicate through supervisors and group meetings. – Obtains employer’s recognition of the union. – Hire consultants to work against unionization. • Informational picketing – Point out the financial costs of a union. – Informs the public that the – Safeguard employee names and addresses employer is nonunion. (until the NLRB orders an election).

• Contract between a union and an employer under which the employer agrees not to oppose a union’s attempt to organize its workforce. • Common provisions include: − Gag rule. • Before ordering an election, the NLRB requires at − No secret ballot election. least 30% of eligible employees to sign authorization − Union access to employer premises. cards. − Union access to personal employee information. • The union typically wants 50% of eligible employees − Employee attendance at “captive audience” to sign authorization cards before they petition for an speeches. election.

Petition for Certification Types of Elections

• Petition for certification generally leads to an election supervised by the NLRB. • Authorization cards are the primary example of evidence that substantial interest exists for supporting a union. • Union recognition is most commonly the result of an NLRB ordered election.

NLRB Determinations Voter Eligibility (supervisory status)

• Those excluded from the right to form or join a union: – Supervisors and managers – Domestic workers – Some agricultural workers – Confidential employees (The position title does not determine whether a person is a supervisor)

• Community of interests – The NLRB will consider if • Contract bar •Blocking-charge bar the proposed bargaining unit has similar skills, hours, and wages when determining the appropriateness of the • Statutory bar •Prior-petition bar bargaining unit. • Certification-year bar •Recognition bar • Geographical and physical proximity •Voluntary-recognition 2007 NLRB ruling: • Functional integration Voluntary-recognition bar bar • Interchange of employees (which precludes a • Bargaining history decertification election for 12 months after union • Employee desires recognition) does not apply • Extent of union organization when recognition is voluntary and based on a card check.

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Voter Eligibility Election Campaign

• Eligible employees • Striking employees who must be on the have been permanently payroll: replaced: – During the pay – May vote in any period prior to the election conducted • Once the election is scheduled, the campaign escalates. direction of election. within 12 months after • Both the employer and the union have opportunities to the strike’s – During the pay make their case to employees. period preceding commencement. • Management has a captive audience advantage and can the election date. • Election time and place present speeches during working hours. – Employers must post NLRB notices.

Election Counting of Eligible Votes

• Unchallenged ballots are counted immediately after the election. • Of those casting a ballot, a simple majority is required for certification. • If 1,000 are eligible to vote but only 800 vote, 401 • Challenges must be made before the vote is votes are needed for certification. accepted into the ballot box. • A tie results in no certification. • NLRB determines validity of challenged ballots after the election if they have potential to affect the outcome.

• Employer volunteers recognition based on proof of majority status in accordance with neutrality agreement. • Union convinces employer to grant recognition. • Union convinces employer to witness its majority • If the union loses, the NLRB certifies the election status. results. • NLRB orders employer to bargain with the • If the union wins, the NLRB certifies it as the union if serious ULPs have been committed. exclusive representative of the bargaining unit.

Union Decertification Union Deauthorization

• Terminates union representation as provided by • Removes the authority of a union to enforce a the Taft-Hartley Act. security clause. • Management may not guide or support the effort. • Management may not guide or support the effort. • At least 30% of the employees in the bargaining • At least 30% of the employees in the bargaining unit must petition for a decertification election. unit must petition for a decertification election. • If the petition is valid, a secret-ballot election is • If the petition is valid, a secret-ballot election is held. held. • A majority of the voting employees must approve decertification. (A tie vote also removes the • A majority of the voting employees must approve union.) decertification (a tie vote also removes the union). • Only one deauthorization election may be held in any 12-month period.

Rights and Responsibilities Unfair Labor Practice (ULP)

Employer Employee • The NLRA, or Wagner Act, prohibits employers • Exercise freedom of • Sign authorization card. from engaging in ULPs. speech. • Form a union. • The LMRA, or Taft-Hartley Act, prohibits unions • File ULPs. • Strike. from engaging in ULPs. • Protect property. • Circulate petition for • Discipline or terminate redress of a grievance. for just cause. Agent-principal relationship: Employers are responsible for managers and supervisors; unions are responsible for agents and officers.

The NLRA prohibits employers from: A violation of a right under labor- relations statutes.

Can be initiated by an individual employee, a union, or management.

The NLRB adjudicates ULPs in the private sector; the FLRA or state agency processes cases in the public sector.

What The Employer Can Say Avoiding ULPs

• The employer has the right to point out a union’s • To avoid ULPs, do not: strike history and the economic and legal consequences of strikes. T Threaten. • The employer has the right to point out that while employees may gain from collective bargaining, Interrogate. I Be aware of agent- they also may lose and suffer a reduction in principal relationship. benefits. P Promise. S Spy.

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Other Employer ULPs Electromation (1992)

• Domination and unlawful support of labor • The employees were not represented by union. organizations • Electromation’s president formed employee “action committees” to solicit employee views – Electromation, Crown Cork and Seal Company, about working conditions, attendance and bonus E. I. Dupont & Company plan, etc. • Discrimination to discourage union membership • NLRB ruled the “action committees” were • Retaliation against employees who file charges or employer dominated labor organizations formed testify to deal with employees concerning terms and conditions of employment. • Refusal to bargain in good faith

• NLRB decision did not overrule Electromation but • Employees were represented by two unions did allow employers some latitude in establishing • DuPont started several employee involvement employee involvement or participation committees but did not allow the unions to be a committees. It stated that employee committees formal part of the team process. may be acceptable if they do not seek to represent • NLRB ruled the committees illegal, DuPont had employees on issues related to terms and circumvented the legally chosen employee conditions of employment. representatives and usurped the union’s right to represent their members.

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Union ULPs: Union ULPs: Restraints and Coercion Duty of Fair Representation

The LMRA prohibits unions from engaging in: • Union must act fairly on behalf of all members. • Union may not ignore grievances that have merit or base decisions on discrimination or personal feelings. • Union must represent nonmembers in bargaining and grievance issues in the same way it represents dues-paying members.

Union ULPs Other Union ULPs

• Providing inadequate defense in an arbitration hearing • Forcing unlawful A union cannot force an employer discrimination by to commit an act in violation of • Delaying a grievance beyond the time line the employer contract provisions. • Failing to inform an employee that it has accepted • Excessive or a different remedy than the employee sought discriminatory Fees must be appropriately based on industry wages and practices. • Failing to keep members informed of arbitration membership fees awards that affect member’s rights • Refusal to bargain The union must bargain in good **Unions are not required to take every grievance to faith. arbitration, only those cases involving legitimate differences of opinion between management and union • Featherbedding The union cannot require more interests. workers than necessary.

5-101 © SHRM 5-102 Formal System of Adjudication of ULPs ALJ Decision and Appeals

• Filing charges with the NLRB • Offending employer or union must post notices in • NLRB investigation and possible settlement conspicuous places agreeing not to engage in (Informal and formal settlements) future illegal activity. • Hearing of the complaint • The NLRB’s decision is a final agency order, but it • ALJ decision and appeals is not self-enforcing. If charged party doesn’t • Judicial reviews and reinforcement, as required comply, the NLRB must seek enforcement of the order in one of the U.S. Courts of Appeals. • U.S. Supreme Court’s decision is final.

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Collective Bargaining Agreement Collective Bargaining (CBA)

• The process by which management and union • A Collective Bargaining Agreement (CBA) representatives negotiate the employment governs the day-to-day relationship of the conditions for a particular bargaining unit. employer and the employees in the bargaining unit • Covers bargaining items such as wages, benefits for the period of time it specifies. and working conditions and may include other matters deemed important by the members.

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Collective Bargaining Process Collective Bargaining Subjects

SPHR only SPHR only

Mandatory Illegal Permissive subjects subjects subjects (required by law (unlawful by (voluntary) and NLRB) statute)

• Overtime • Closed shops • Benefits for retired • Seniority • Discriminatory union members • Vacation/holidays hiring • Settlement of ULPs • Neutrality agreements

SPHR only Positional negotiation Principled negotiation • People are locked in • Separates people from positions problem • Parties lose sight of • Focus on interests, not underlying problems positions Union negotiates More than one Employer bargains • Emphasis is on • Invent options for agreements employer negotiates with several unions winning mutual gain similar to those with the union. simultaneously but existing in the on a separate basis. • Insist on objective industry or region. criteria Referred to as whipsawing. © SHRM 5-109 5-110

Types of Negotiations Interest-Based Bargaining (IBB)

• Distributive • Integrative • Form of negotiating where parties look for bargaining: When the bargaining: Usually common ground and attempt to satisfy mutual parties are in conflict takes place when there interests through the bargaining process. over the issue and the is more than one issue • Attempts to look behind positions to determine the outcome represents a to be resolved. needs of the parties and whether there are gain for one party and Focuses on creative mutually acceptable ways that labor and mgmt a loss for the other. solutions to conflicts can satisfy those needs. (Win-Win bargaining) The dominant activity that reconcile the • Relies on techniques such as brainstorming, in the union-mgmt parties’ interests and facilitation and information sharing. relationship. results in mutual • Objective is to reach agreement by consensus. benefit.

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Contract Negotiations Good-Faith Bargaining Requirements

SPHR only • Win-win negotiation • Win-lose negotiation • Good-faith bargaining means that both parties enter into discussions with a fair and open mind – Principled – Positional and a sincere desire to arrive at an agreement. – Integrative – Distributive • It is usually established only by the behavior of the – Interest-based parties during negotiations.

SPHR only SPHR only • Unlawful circumvention • Surface bargaining • Bypassing the representative – Bargaining proposals not disclosed to the union may • Lack of concession not be discussed with employees. • Refusal to advance • Commission of ULPs • Notice requirements proposals and • Refusal to provide – The Labor-Management Relations Act requires the demands information party desiring contract renegotiation must notify the • Dilatory tactics • Refusal to bargain other party of its intention to bargain a new agreement. • Imposing conditions • Duty of successor employers or unions – Selling a majority interest in a unionized company does not affect the company’s bargaining obligations.

Factors NLRB Considers when Collective Bargaining Agreement Determining Successor Status (CBA)

• Substantial continuity of same business operations • A collective bargaining agreement is the outcome • Use of the same business plan of the collective bargaining process. • Same workforce, same supervisors, same • Provisions of a labor contract are legally binding equipment and production methods for a mutually acceptable period-generally three • Same product or service produced years. • Same jobs under the same working conditions • Contract provisions are enforceable through internal grievance and arbitration procedures, the NLRB, and state and/or federal courts.

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Contract Clauses Union Security Clauses

SPHR only • Unions prefer a union shop (a clause that states • Union security clauses • Zipper clause that when workers take jobs in a specific • Dues checkoff • Term of agreement bargaining unit, they must join the union within a • Management rights certain period of time). • Employee seniority • An agency shop clause states that even if workers and security do not join the union, they must pay the (bumping) equivalent of dues to the union. • Compensation, • With a maintenance of membership clause, an benefits, and working worker may or may not join the union, but once conditions they do join, they must maintain membership for • Strikes and lockouts the duration of the contract.

SPHR only

• Evaluate the workplace for potential problems 4. and address those issues before they become Third problems party 3. • Know the labor agreement in its entirety, Higher-level including past practices and local memoranda of management understanding 2. • Know the employees and their problems Intermediate supervisor

1. Immediate supervisor

The Weingarten Case Arbitration

SPHR only • A negotiated procedure in which labor and mgmt • Deals with the rights of union employees to have agree to submit disputes arising under the terms another person present during investigatory of the contract to an impartial third party. interviews. An investigatory interview occurs: • Dominant third party method of settling disputes, faster than litigation, informal, designed to permit – When supervisors ask for information that uninterrupted operations during a contract, could lead to disciplinary action substitute for a strike or lockout – When employees are asked to defend their • Types of arbitration: conduct – Voluntary (commonly required by union contract) • Person attending must be affiliated with the union – Compulsory (commonly occurs in the public that represents the employee, not an attorney or sector where there are limitations on the right relative. to strike)

The Arbitration Process Types of Arbitrators

SPHR only • Permanent arbitrator is used for all arbitration Opening Both parties identify issues, state what is to during the life of the contract. statements be proved, and specify relief sought. • Ad hoc arbitrator is one who is selected on a case- by-case basis. After the hearing, the relationship Presentation Parties present evidence and essential is ended unless both parties agree to the arbitrator of evidence documents to prove their cases. again. • Tripartite panel is a three party arbitration board. Both sides have equal time for closing Summation One member represents mgmt, one represents the arguments. union, and one is a neutral arbitrator.

The arbitrator presents the decision in Award written format and signs it.

• Mediation is also known as conciliation. • NLRB is a quasi-judicial agency with the specialized mission of dealing with ULP’s and • A nonbinding dispute resolution, also known as certification elections. conciliation, involving a third party who tries to • ULP’s complaints begin in the regional offices and help the disputing parties reach a mutually are processed on behalf of the general counsel (the agreeable decision. Mediators have no power to NLRB prosecuting arm). compel the two parties to reach agreement. • Once a case is decided, a compliance officer at the – Facilitation mediation - Mediator acts as an observer, regional level ensures both parties adhere to the helping each side to talk. NLRB’s orders. – Fact-finding mediation - Mediator collects data about the parties and restates their positions. Mediator may recommend terms of a settlement.

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Lockouts and Strikes Protected Concerted Activities

• The right of a union to strike and picket • The right of other employees not to cross a picket line • The right of management to continue operations with: – Supervisors – Nonstriking regular employees – Newly hired replacements

Strikes Strike Categories

More likely when: Less likely when: • Proceeding contract • Few issues are being Economic duration was for a long negotiated period of time • Employers/industries • Bargaining units are large employ a large proportion Sympathy ULP • Employer can inventory or of women stockpile goods • Employers/industries pay Strikes • Negotiations have been the a high wage rate relative to other pattern for previous Wildcat employers/industries Jurisdictional agreements (unprotected)

• Economic strikes – Occur when parties fail to reach agreement over key economic issues during the collective bargaining period. Strike occurs as • Unfair labor practices strikes – Occur when employees cease work Employer must reinstate because they believe the employer has committed unfair labor the result of practices, such as refusal to bargain. ULPs. striking workers. • Wildcat strikes – Work stoppages involving the primary employer- employee relationship that are neither sanctioned nor stimulated by the union and that violate a no-strike clause in the contract. Employer is not required • Jurisdictional strikes – Work actions that reflect the possibility of friction between unions. Members of one union strike to force the to displace permanent employer to assign work to them rather than to members of another Strike is an replacement workers union. economic strike. • Sympathy strikes – The union engaged in a sympathy strike has no except as future contractual relationship with the struck employer but is acting to opportunities become support another union that is striking the employer. available.

Legal Picketing During Strikes Legal Picketing

Informational Picketing Area Standard Picketing Informational • Aimed at the general • Legal as long as its public to gain support purpose is to inform for the union and the public that the strikers picketed employer Area- Consumer Picketing standards does not pay union- scale wages and benefits

Common situs

Legal Picketing Secondary Boycotts

Common Situs Picketing Consumer Picketing • Directed at the primary party through action • Picketing of a primary • Occurs when goods employer who occupies produced by a nonunion against a third party. common premises with a or struck plant are secondary employer. consumer products, and • Employers may lose neutrality and be subject to • Employers are permitted picketing is to inform the union pressure in the following cases: consumer. to establish a separate gate – for the non-struck • Pickets signs, handbills, or Ally doctrine employer to prevent placards urge customers – Single/joint employer or alter ego doctrines shutting down the entire to refuse to purchase site. products from a particular – Double breasting • Picket signs must clearly retail or wholesale state which is the struck business. – Straight-line operations employer. – Hot cargo clauses

• Ally doctrine – States that a union may extend its primary picketing to an employer who is an ally of the primary employer. • Single employer, joint employer, alter ego doctrines – The entities have common ownership, common management, or they share employees, equipment, etc. • Double Breasting – A common owner operates a union and a nonunion business. • Straight-line operations – The neutral employer is engaged in operations that are a phase of the struck employer’s work. • Hot Cargo clauses– There is an agreement that union members are not required to handle goods made by nonunion labor or a struck plant.

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