Chapter 22 Flashcards
Labor Organization/Union
group of employees choose a union to negotiate with employer on their behalf about wages, work hours, benefits, workplace health/safety
what is the bargaining committee
made up of employees along with union officials
what is CBA
Collective bargaining agreement
- contract between employees represented by the union and the employer that pertains to the working conditions (wages, benefits, promotion)
National Labor Relations Act
Does three things
applies to private employers not public
- allows employees to vote to be represented
- allows companies cannot discriminate against pro-union employees
- creates the NLRB to enforce the law
Section 7 of the NLRA
protects:
- right to form/join union
- right to negotiate CBA
- right to engage in concerted activities for mutual aid and protection (do not have to be represented by a union at employer)
section 7 also covers?
- concerted activities
- mutual aid and protection
concerted activities
talking with other employees or on behalf of them
act of working together
mutual aid and protection
about working conditions (wages, etc)
borader purpose behind why they are acting together
it is illegal for company to prohibit
employees from discussing their salary/wage levels and company benefits with other employees
such info confidential and may not be discussed in the workplace
AKA illegal for co to do this
not protected under section 7
- employees acting individually
- conduct not related to working conditions (employees trying to have a foreman removed because of a personal issue)
where does an employee go to file a complaint if their NLRA rights are violated (fired for concerted activities, discriminated against for being pro union)?
ONLY go to NLRB
National Labor Relation Board
CANNOT file a lawsuit
NLRB determines if you have a case –> if so they well assign you an attorney and you will have a hearing in front of ALJ (Administrative Law Judge) with the NLRB
How to form a union (first 5 steps)
1) Nissan employees contact United Auto Workers Union
2) UAW has meeting in local hotels to inform employees about benefits of having a union and CBA
3) authorization cards will be given for employees to sign who want a union
4) union takes cards to NLRB and petitions for election
5) NLRB receives ACs, they decide who can vote in election for union and if they vote who is covered in collective bargaining agreement
transition to during 60 days
____ amount of authorization cards are needed for proposed bargaining unit to request an election
30%
who can vote for a union or be in one?
supervisors/managers CANNOT be in the union (loyal to co)
have to see if they can hire, fire, discipline, assign work
community of interest
employees in a bargaining unit must have a “community of interest” which means:
Do they have same hours, pay, education, supervisor, safety issues, supervisor?
Remember: CBA must be able to apply to all union eligible employees
what happens during the 60 days (leading up to election)
1) petition for election filed (60-90 days)
2) both sides campaign for or against
what comes about when both sides are campaigning while awaiting the election
unfair labor practices
ULP
either the employer or union broke the NLRA during the 60 days campaign period
- will file ULP complaint with NLRB
when waiting on the election
discrimination
NLRA - company cannot discriminate against union supporters
election
special term
NLRB conducts a secret ballot election
must have over 50% vote for union to represent them
laboratory conditions
laboratory conditions
during the election, no campaigning
NLRB representatives watches to make sure election area is sterile
after election (if union voted in and if not)
if union voted in - employees elect the bargaining committee to negotiate the collective bargaining agreement with the company
if union not voted in - must wait 1yr for another election with any union
collective bargaining unit
employment contract between employees in bargaining unit and employer
employees from bargaining unit will be elected to negotiate on behalf of the other employees
CBA includes
wages, holiday, vacation, over time (whether mandatory or not)
progressive discipline - may only be fired for “just cause”
retirement, insurance, safety
once the representatives of the bargaining unit and the employer come to an agreeement
the bargaining unit employees must vote to ratify the collective bargaining agreement by a majority
once the CBA is agreed to by both sides
any changes must be negotiated
- if employee wants implement changes (work hours or wages)
- if employer wants employee sign mandatory arbitration clause
if both sides cannot agree to CBA
impasse
lockouts
after an impasse, employer may lock out the bargaining unit employees, implementing the last offer and hire permanent replacement workers (scabs)
usually union and company agree bering back “striking/locked” employees once reach agreement in CBA
prevent employees from entering work
strike
after an impasse, bargaining unit employees may strike
employer may implement the last offer and hire permanent replacement workers
union vs non. union
non-union co - co cannot require employee sign a employment contract with MAC, can require her wear tracking device while employed, co dictates wage rate
union co - co must negotiate everything relating to job with union and together they come to agreement in CBA (arbitration, wearing tracking devices, wages)
right to work laws
do not have to join a union but will still get benefit of CBA
(nothing to do with being fired)
this is “at will”
even if not part of union, still benefit because not paying benefit due
