Collective Bargaining as a Tool

Question 1

Models of CB Process

Answer 1

1) NLRA
2) Public Sector
3) RLA

Question 2

NLRA model

Answer 2

Regulate the process, NOT the result through the NLRB

Question 3

NLRB v. Inruance Agents

Answer 3

Economic pressure tactics like sit-ins, picketing, and leafleting are NOT a failure to collectively bargain in good faith

Question 4

NLRB v. Katz

Answer 4

Unilaterally changing a condition of employment subject to mandatory CB violates an Er’s duty to bargain in good faith

Unilaterally changing term under negotiation circumvents the duty to bargain and undermines the duty to bargain

Question 5

8D - good faith for what?

Answer 5

To meet and confer about hours, wages, and other employment terms and conditions

Question 6

Impasse

Answer 6

Case dependent and based on the extent of good faith, history of bargaining, length of negotiations, importance of outstanding issues, understanding of parties

Question 7

RLA Model

Answer 7

Creates mediation structure that requires the two parties to exert reasonable efforts to maintain agreements

ANY PARTY CAN ASK FOR MEDIATION!

Question 8

American Train Dispatchers

Answer 8

Refusal to listen to the mediator is a ULP no matter what

Question 9

Public Sector

Answer 9

Most state laws do not allow strikes, but instead use mediation, fact-finding, and arbitration

If arb. is required, prohibit unilateral changes of work conditions by er

Question 10

Philadelphia Housing Authority

Answer 10

2 preconditions must be met before the ER can be bound and implement unilateral action: (1) impasse + (2) cessation of work

Question 11

Surface Bargaining

Answer 11

going through the motions, no intent to reach agreement

proven through totality of circumstances (direct evidence, circumstantial evidence)

Question 12

8D - good faith objective requirements

Answer 12

meet at reasonable times, bargain over wages/hours/conditions of employment without unilateral impasse, reduce to writing if asked

Question 13

Regressive bargaining

Answer 13

taking back prior offers without explaination, unilaterally changing more than offer union

Question 14

Duty to supply information

Answer 14

Truitt - 8a5

provide relevant informaion needed by a labor union for the proper performance of its duties as the employees bargaining unit - Detroit Edison

Question 15

Mandatory things to disclose

Answer 15

wage data

financial data on profitability of the firm when they make this an issue

in the enforcement of the collective agreement

Question 16

Acme Industrial

Answer 16

Only get this information through collective agreement enforcement

Question 17

Detroit Edison

Answer 17

There are exceptions to to mandatory supplies including burden on the employer and employee privacy

Question 18

Burden of Proof for Supplying

Answer 18

On union to prove its relevant to the union specific ees

Question 19

What does the exchange of information avoid?

Answer 19

Lockout and strikes

Question 20

RLA - surface bargaining

Answer 20

Not as logical because the mediator can hold the parties to continue to schedule meetings & pressure the parties to make concessions

Question 21

Surface Bargaining - Public Sector

Answer 21

Resorts to interest arbitration limits effectiveness

There is a narcotic effect on negotiations but is minimized with last best offer

Question 22

NLRB v. American National Insurance

Answer 22

Negotiating for a management-functions clause exempting certain conditions of employment from arbitration does not violate the duty to bargain collectively

Question 23

What does the NLRA not compel parties to do?

Answer 23

Enter agreements or regulate their substantive terms

8(d) - clarified CB obligations do not compel unions/ers to accept particular concessions and proposals

Question 24

Hardesty Company Inc.

Answer 24

8d requires employers to confer and bargaining in good faith with respect to wages, hours, and conditions of employment

Question 25

What to demonstrate bargaining in good faith?

Answer 25

circumstantial evidence

Question 26

Direct dealing

Answer 26

involves dealing with employees and bypassing the union about a mandatory subject of bargaining

Question 27

Mercy Health Partners

Answer 27

Direct dealing violation occurs when:

ER communicated directly with union-represented ees

The discussion was for the purpose of establishing or changing wages, hours, and terms/conditions undercutting the union’s role in bargaining

such communication was made to the exclusion of the union

Question 28

Effect of Strike on Duty to Bargain

Answer 28

parties are not required to engage in fruitless bargaining after impasse, but the fact of a strike does not itself negate the obligation to bargain

8d

Question 29

Mandatory bargaining subjects

Answer 29

wages, hours

cannot unilaterally change until impasse, can strike before impasse

Question 30

Permissive bargaining subjects

Answer 30

internal operations of unions, org. of management, more)

obligation to bargain (but not mand.), cannot bargain to impasse/strike on this

CAN unilaterally change

Includes benefits of retirees

Question 31

Prohibited subjects of bargiaing

Answer 31

hot cargo clause, discrimiantion clauses

bargaining prohibited, unenforceable, ULP/violate other laws

Question 32

UAW v. NLRB

Answer 32

8d - forbids neither the announcement of a intention to relocate or the financial decision to relocate

scope of mandatory bargaining is if it CONTAINS IN THE CONTRACT!

Question 33

When a mandatory subject is NOT contained in the K

Answer 33

an employer must bargain in good faith to impasse

Question 34

Fiberboard Paper Products

Answer 34

An employer must bargain with the union before contracting out work done by represented employees

Question 35

Mandatory v. Partial

Answer 35

Partial closures for purely economic reasons are NOT subject to mandatory bargaining

Question 36

First National Maintenance Corp.

Answer 36

Partial closure for purely economic reasons are not OK to bargain (all about the business flow, not about anti-union)

Question 37

Management decisions on indirect impact

Answer 37

Only those that have a indirect impact on employment relations (example, ads, style of product), there is NO OBLIGATION TO BARGAIN

Question 38

Management decisions on exlusively aspect of ER relations

Answer 38

wages, hours - obligation to bargain

Question 39

Direct Impact on employment - management decisions

Answer 39

Apart from direct ee/er relationship, CB only a problem amenable to solution through CB

Question 40

Balance between CB and Management

Answer 40

Benefits of CB > Burdens of Mgmt

Question 41

Dubuque Packing (KEY!)

Answer 41

Relocations prompted by labor costs, not basic operational changes, require bargaining settlement with unions to remain possible

ER must bargain over replacing union working with subcontractors, but not in partial closings

Question 42

NLRB rebuttable presumption test

Answer 42

ER can prove:
1) work at new location differs a lot from the work at old one

2) move reflects a change in the business’s scope and direction

3) the employer may show labor costs DID not motivate the decision or the union couldn’t and would not offer enough concessions to prevent

Question 43

Rebuttable presumption test exemption

Answer 43

objective entreprenuial reasons or subjective reasons other than costs, along with moves that negotiations would be futile

Question 44

HK Porter CO

Answer 44

the NLRB may not compel parties to substantive terms in CB agreements

Question 45

Metro Seattle

Answer 45

PERC has some authority - interest arbitration and grievance arbitration are different!

Question 46

Interest arbit.

Answer 46

occurs at the point where an impasse has been reached in PERC

Question 47

Grievance arbit.

Answer 47

require Er and union to submit unresolved disputes about interpreation/application f existing CB

Question 48

Ex-Cell-O

Answer 48

Board cannot award compensatory damages for failure to bargain in good faith as that amounts to determining substance