Chapter 14 Flashcards by Jocelyn Lawrentz

A successful industrial relations system consists of 4 elements
1. environmental context
2. participants
3. web of rules
4. ideology

Dunlops Industrial Relations systems (1958)

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Collective bargaining, mediation, arbitration, participation in decision making

Areas of shared Ideology

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3 types of decisions
Strategic
functional
workplace

Katz and Kochan

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Management chooses to work with unions or develop non-union operations

strategic level

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Contract negotiations and union organizing

Functional Level

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Arena in which contract is administered

workplace level

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Goals and Strategies for 3 participants:
-Capitalism at with odds with unions
-employee representation through unions equalizes bargaining power
-Labor unions major benefit to society: institutionalization of industrial conflict

Society

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Goals and Strategies for 3 participants:
-Shifts focus from dealing with individuals to dealing with a group
- Choice 1: discourage
-Choice 2: avoid union

management

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Goals and Strategies for 3 participants:
Collective action to give employee formal and independent voice in setting terms and conditions in work

Labor Unions

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Apprentices and learners
workers with disabilities and older workers
women
veterans
union reps
nondiscrimination clauses

Special groups that may be covered by union

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Responsible for training members represent craft workers

Craft union

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Members linked by work in particular industry; rep many different occupations

Industrial Union

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Negotiation, administration, and day-to-day interactions
—-may be a single facility or many facilities
—Union members elect union officials and strike votes

Local Unions

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Shop steward and business rep

2 union contacts

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responsible for ensuring terms of collective bargaining contracts are enforced; represent employees in grievance most frequent union contract

Shop Steward

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Similar responsibilities, may deal with multiple employers often seen in craft unions

Business rep

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Check off provision and types of shop

2 critical contract provisions

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Employer automatically deducts union dues from ees paycheck-does on behalf of union

check off provision

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Must join union and pay dues after hired but ILLEGAL UNDER NLRA

closed shop

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must join union within certain time period after hired

union shop

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Must pay dues after hired but don’t have to join union

Agency Shop

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Don’t have to join union but employees who do join must remain members for a specific time period

Maintenance of membership

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States pass “Right-to-work” laws that make union shops, maintenance of membership, and agency shops illegal

Taft-Hartley Act (1947 amendment to NLRA)

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Reasons for decline:
Job growth in service sector (historically not represented by unions)

Structural changes in economy

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Reasons for decline: Market pressure from foreign competition, deregulations, competitive threats

Increased employer resistance

Offer the same things to employees that unions can and more

Substitute unions with HRM

employee rights or protection often specified by law

Substitute unions with government regulation

Commerce clauses in US constitution supports collective bargaining --Union membership tripled

Wagner Act (1935 aka National Labor Relations Act NLRA)

"Right to work" laws = pro management

Taft-Hartley Act 1947 amendment to NLRA

Union oversight and regulation of internal affairs

Landrum-Griffin Act 1959

Employed as a supervisor parent or spouse independent contracter domestic service agricultural labor railway act Federal,state, or local government,

Excluded from NLRA coverage

Taking on behalf of a group to address work

Concerted activity

Must bargain collectively with labor organization and cannot interfere with employee rights regarding unions nor fire employees engaged in union organizing

Unfair labor practice by employer

Enforces NLRA with 5 member board and general counsel in 33 regional offices

National Labor Relations Board

Conduct and certify representation elections prevent unfair labor practices

2 major responsibilites

Union Organizing: Determines appropriate bargaining unit and identifies employee who are eligible to participate based on a community interest in wages, hours and working conditions

NLRBS role

Union Rep Election: At least 30% of employees must sign. If 50% sign then union may request voluntary recognition by employer

authorization cards

Union Rep Election: held is <50%of employees sign or employer refuses to voluntarily recognize

Secret ballot election

>50% of vote is for union NLRB certifies union as exclusive rep of employees

Results of election

To persuade employees that wages, benefits, treatment by employers and opportunity to influence workplace decisions are insufficient

Union Strategy

Union receives dues in exchange for services but NOT representation in collective bargaining

Associate Union Membership

Public, financial, or political pressure on employers during organization and negotiations

Corporate Campaigns

instead of election to create negative publicity for and pressure employer

Strike

Employer will not oppose organizing attempts elsewhere in company

Employer Neutrality Card

If majority of employees sign authorization card, employer will recognize union

Card-check provision

Emphasizes its good package of wages, benefits, and union will lead to certain costs for employees

Management Strategy

Subprocesses of Contract Negotiations: Divide a fixed economic "pie" between labor and management = win-lose

Distributive Bargaining

Subprocesses of Contract Negotiations: Solution beneficial to both sides = win-win

Integrative bargaining

Subprocesses of Contract Negotiations: Relationship and trust between labor and management

Attitudinal Structuring

Subprocesses of Contract Negotiations: Different factions within labor and management = conflicting objectives

Intraorganizational Bargaining

Establishing interdepartmental contract objectives Reviewing old contract preparing and analyzing data anticipating union demands Establishing the cost of possible contract provisions preparing for strike determining strategy and logistics

7 areas of management Preparation for contract negotiations

3 stages of negotiation goals set through the participation of internal interest groups and union negotiators present extensive list or proposals

1. initial stage

3 stages of negotiation decision making on issues

2. middle stage

3 stages of negotiation Result; agreement or strike

3. Final Stage

separate people from problem focus on interests (not positions) Variety of possibilities before deciding what to do results must be based on some objective standard

4 ways to avoid impasses

Ability to achieve goals when faced with opposition

Relative bargaining power

Mediator acts as a facilitator and go-between but no formal authority Least formal / most used

mediation

Fact finder reports on reasons for dispute, positions of labor, and management- may recommend settlement - mostly used in public sector

Fact finding

Arbitrator chooses solution that is binding

Most formal/ arbitration

attempt to resolve labor-management disputes over interpretation and execution of contract

Grievances

NLRA requires all bargaining unit members have equal access to and rep by unions in grievance procedure

Duty of Fair Representation

Chapter 14 Flashcards

labor laws