Meditation

Tuesday April 14th

Start Reading on Page 417 to page 418 What Are Unfair Labor Practices

Answer Checkpoint Question

Who are the parties to a collective bargaining agreement ? 7

Wednesday April 15th On page 41842A Read Unfair Labor Practices by Unions

Look up Key Terms

Feather Bedding

Picketing

Boycott

Thursday April 16th

Complete 23-2 Assessment on page 421 Answer questions 1.7 only 1._

4

6_ 7

Friday April 17th

On Page 422 - Complete your legal Vocabulary Answer questions 1-12

1 2 3 4 5 6 7 I I 10 11 12 7

23-2 Employment Relations in a Unionized Workplace

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E{*wr Is e, La}:*r location, or qualiry of products. These are strictl' management rnatters even though they do affecr il*n*ra,ct Negotiated the cornpanyt abiliry to pay wages. Should the union and management fail to wi*h n tini*n? reach an agreement, the union employees may choose to strike and the employet ter hold a lockout. A strike is a coliective work stoppage intended to force an employer to alter its posi- tion on an issue" A lockout occurs when an employer temporarily closes down operations to induce the workers and their representatives to alter their position on an issue. Great economic pressure confronts both sides if either a strike or a Iockout occurs. Employee x,age' usually cease and production often stops. This ecn nomic pressure is reinforced by the NLRA which requires that *re negotiators engage each other with open and fhir minds intending to olrercome the obstacles &ey face to producing a satisfactory agreement. As a consequence of this requirement, .:: failure to bargain is a violation of NLRB rules. In

Collective bargrining is the process whereby the union and the employer negotiate a contract of employment that binds bo*r sides. Unions choose their own negotiators. Management and/or com- pany lawyers qi.rlh represent the conrpany. Pay and fitnge benefits are the mo$ commonly negoti- ated issues. However, griwance procedures, hours, overtime, pensions, health care, working conditions, and safery issues also are frequendy negotiated. An employer is not required ro bargain over such issues as producr prices or designs, plant

416 Chapter 23 > Unions and rhe Employrnent Relationship Wa/s Your Verdict? Ace committed such a viola- tion by refusing to continue negotiations' The Iil THIS Educredit, a national lender of union could file a complaint with the NLRB, CASX short-term loans for educational which might issue an order compelling manage- purposet was secretly evaluat- ment to negotiate in good faith. ing moving its collection services from Malibu, W'hen collective bargaining negotiations become California, to Bangpoor, lndia. Local 131 3 of the is imminent or deadlecked. (stalemated) and a suike Phone Solicitors Union heard from an unidenti- may interyene- lff/hen in prcgress, the government fied source of Educredit's interest in transfer- happenr, a iepresentative may be appointed thii ring its operations and wanted to negotiate by rhe government to try to bring the parties over the matter. When Educredit refused, 1313 togethei urd settle their difftrences. In mediation went on strike claiming to the NLRB it was an (also known x rcnciliatioz), a mediator (concilia* labor practice not to negotiate over such ror) talks wirh both sides and affemPts to achieve unfair would take away more a compromise. However, the result of mediation is a drastic measure that not enforceable against the bargaining parties. than 400 of its jobs. The NLRB noted that under In other siruations, the panies may submlt dreir the law the company did not have to negoti- deadlocked dispute to binding arbimation if allowed ate over location and had made no threats to under their labor contract. The arbitrator holds move.Therefore, its actions were legal and the a hearing and then makes a determination that union was acting illegally by striking. Reacting is enforceable at law against both employer and to the union action which had improperly union. cost it considerable business, Educredit then executed the rnove. tod What Are unfm{r Lahor Fre*tic*s?

o a o Po A- :i:t.:,,::: a Ug ; tru l.abor Relations Act and other fed- o The National o eral and state statutes require that employers treat unions fairly by allowing them to organize. These statutes also require that management engage in good-faith negotiadons (collective bargaining)

23-2 Emplovrrrent Relations in a Unionized W'orkplace 417 with unions. Such laws seek +€ ,,.&11 ";i.',+:! to ensure unions are fairly ',: t$t13i r:i:rtr&i,. treated these marters r 1=4r in r:i@r by prohibiting certain actions of employers. Similarly unions are pro- hibited from taking certain actions against employers or their own members. In either case, these prohib- ited actions are referred to as unfair labor practices (ULPs).

)l{*nagewt,ext:s {"i'tzf*d,r {,mbar Fy'*,r;ti,rcs For employers the list of unfair labor practices includes (1) interfering with employees' efforts to Elv{sti*AGtx{G sR DtSC&r.}BA6}rq6 U ffi *Sru form, join, or assisr unions (2) dominaring a union or giving ir financial or other suppofi (3) MEMEERSHIF Employers may nor rhrearen ro encouraging or discouraging union membership, blacklist employees who join unions. Emplovers blacklist and (4) refusing to bargain in good faith wirh the employees by placing their names on a union. list of pro-union persons and sending it to other employers with rhe purpose of making ir difficult Ifl{Yfi HFEft {ruS W!Ti{ fi f!,{PLffiYEE5' EFFsftTS T& for the employees ro find work. FS*IM, "{O[ru, Sm A$5$ST {.}N!fiNS Such interfer- REFUSiNG TCI BARGAII{ GSOD FAITH ence can take a variery of forms. For example, WIT},{ TllE UNIOf\t means 'ff it would be an unfair labor practice to refuse This management must to deduct union dues for union members, to participate actively in attempting to reach an disrupt organizing meetings, or to rhreaten to agr€ement. It mmt make honest and reasonable proposals and must listen to rhe argumenm fire employees to keep them from organizing a of the union. MzLnagemenr unifeatherbedding. Featherbedding is paymenr

418 Chapter 23 > Unions and the Employment Relationship for services not performed. If the work is performed, there is no featherbedding even though the work may be unnecessary. 3. Picketing, or patrolling near the employer's properry with signs, L'y uncertified unions irying to force the emplo,ver to bargain with that union. Certifying elections are the appropriate method for compelling an employer to bargain with a particular union. It is also an unfair labor practice for a union to picket in an effort to force employees to select that union as their representative wirhin 12 months after Iosing a valid repre- sentation election. 4. Engaging in strikes and boycotts prohibited by iaw. Most strikes are legal, horvever, if they are conducted without violence. 5. Requiring payment of an excessive or dis- criminatory fee for initiarion into the union, 5. Forcing or attempting to force employees to support a union or to restrain employees frorn supporting competing unions. A union ma1', however, try to persuade employees to support it. 7. Causing or attempting to cause an employer to discriminate against an emplovee because of union-related activities. ,{fter congressional testimony about corruption and violence in a few unions, Congress passed lcgislation designed to limit such abuses. The strike is over an unfair labor practice b,v LaborManagement Repordng anci Disclosure Act If the management, the employer may nor permanently (also known as the Landrum-Griffin Act) requires the striking worker's to someone else. rhat unions operare in a manner that gives mem- give iob \,X/hen such an unfair labor practice strihe is over, bers full voice in decision making. The law'w-as employer must reinstate rhe striking worker intended to ensure that unian members them- the even if this requires transferring or discharging selves could correct abuses of power by entrenched replacement. leadership through free and open elections. the generallv are The Union Bill of fughts on this page Srikes of public employees Pro- hibited even though such workers may unionize describes rights that union members have with and bargain collectively. Sometimes public work- regard to rheir unions. ers (including police officers, teachers, and fire trifrx fighters) strike or stay away from work claiming *,{s *t t" .ffrrx r:f al E: es'r, ri Sf .*a&rs $ t r L ifness. [n such cases, the workers and their lead- {.dii,fd ffis3/sd}rf$ ers are subject to court orders directing them to the courr order, 5?${iKfiS An economic strike is one where the return to work. If they ignore jailed. dispute is over wages, hours, or conditions of drey may be fired or the e*ployment. An employer may respond ro an The President of the United States has court eco}omic strike by giving any striking employee's power to obtain an iniunction in federal of 80 days when job to someone else" However, when there is an forcing e coolingaffpsiod threatened. A economic strike, unions commonly refuse to a national emergency strike is involves settle unless striking members are rehired. national ernergency strike is one that

23-2 Employment Relations in a Unionized Workpiace 419 *

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national defense or major indusmies or would encourage others, such as cllstomers and suppli- endanger national health or safery, Strikes and ers, to boycott the emplover. lockouts are illegal during the cooling-off period. Sometimes, horvever, striking employees try to get customers to stoP buying the products fl$SYC*TTS A boycott is a refusal to buy or to use or services of a third parry. Such action against someonek products or services. A primary boy' a third parry is known as a secondary boycott.It cott involvis rhe employees' refusals to buy cheir generally is illegal. However, picketing is legal if employert products or services. Primary bo1'cotts ihe picketers had urged customers of the stores tc are-legal. Typically they are accompanied by a stop buying only products made by a particular strike-and by picketing at the employer's place manufacturer, not all products. of business. Usually the striking emploYees also In addition, secondary boycotts are legal v,'hen the National Labor Relations Act, or state statutes similar to the NLRA, do not apply' This would be the case with fhrm labor in most states. Thus, farm workers engaged in labor disputes with farmers have encouraged consumers to not buy anything at grocery stores carrying nonun- ion grapes and lettuce. This secondary boycott is l.gJb..r,rse the farm workers are not covered by the National Labor Relations Act.

nfair labor

420 Chaprcr 23 > Unions and the Employment Reladonship services not performed. True or Fals€? following is an employer not required to bargain

Study the situation, onswer the questions, and then prepare arguments to support yaur onswers.

8. Sharpe worked in an auto plant. Due to a change televisions, asking that shoppers not purchase in assembly lines she, along with several others, them. ls any of this conduct illegal? was moved to a new position that required weld- 10. Alonzo owns his own machine shop and has ing skills she did not possess. Feeling that she several close friends among his employees. deserved training before assuming the position, The NLRB is about to conduct a certification she asked at her local union office to see a copy election. Alonzo knows he could persuade his of her union's contract with the employer.The employee friends to spread rumors that if the reguest was refused.Sharpe persisted saying that union is certified, he worrld move his shop she had a right to see the contract. ls she correct? out of the country. He also is certain that such 9. The ElectricalWorkers Union represented most rumors could never be traced back to him. of the workers in the GeneralTV Plant. ln a Would this action be legal? Would it be ethical dispute over wages, the union went on strike for Alonzo to spread such rumors if they would and began picketing the plant. They also pick- cause the union to lose the election? eted nearby stores that carried the General

23-2 Employment Relations in a Unionized'Workplace 421 CONCEPTS IN BRIEF

23-1 Establishment of Unions ?,3-2 in a Unionired 1. Labor law in this country has taken more than two centuries to evolve to its current state. 6. Where a union does represent the employees, The National Labor Relxions Board (NLRB) is they bargain collectively through it in hopes of the federal administrativ€, agency that regulates obtaining better wages and working conditions union activity. and other labor objectives. 7, Over the years, unfair labor practices for unions by law. and employers have been spelled out by variou: laws. 4. Steps in organizing a union include securing authorization card signatures frorn the employ- 8. Strikes and lockouts may occur where the par- ees, determination of the appropriate bargain- ties cannot reach agreement in the collective ing unit, holding a representation election, and bargaining sessions. receiving certification as the collective bargain- 9. Mediation and binding arbitration may result in ing representative. a compromise settlem;nt in difficult labor nego 5. Right-to-work laws passed by individualstates tiations so as to avoid the waste of resources prohibit compulsory union membership. characteristic of a strike or tockout.

Y_9j'ry_+J_S_AL_Y9Stp"y"Hqr"__ :ttttatehea h stalenistll,Wtththetern'r thatit best.defines. Sorneterms,aray,not,be gieO. 1. A process by which a union ceases to be the exclusive bargain- ing agent for employees 2. State laws that ban the union shop and the closed shop 3. Establishment in which alt employees must belong to the union, either when they are hired or within a specified time after they are hired 4. Any group of employees whose employment contract is negoti- ated together within a unionized company 5. Concerted stoppage of work to force an employer to yield to union demands 6. Patrolling by union members with signs alongside the premises of the employer during a labor dispute 7. Union or employer actions that violate the rights of employees with respect to union activity 8. Attempt by a neutral third party to achieve a compromise between disputing parties 9. Employert shutdown of operations to bring pressure on employees

10. Establishment in which employees do not have to belong to a union nor pay dues

1 l. The process whereby the union and the employer negotiate a contract of employment that binds both sides 12. Employment contracts in which employees agree not to join a union as a condition of employment