Course 2 - 207 - Labor Unions and the Workplace Flashcards
(43 cards)
What is a union?
A union is an association of workers united as a single, representative entity who have organized themselves for mutual support and collective action. It is an alliance developed by and for working people, designed to provide a collective voice in their place of employment and in the broader society.
What were the primary objectives of early labor organizations?
At its heart, the union movement has been shown to be an exercise in democracy—by uniting as an organized and strategically focused force, a group of individuals can come together to exercise their collective will to improve their own lives, the lives of their families, and their fellow citizens. However, like any tool or vehicle of change, while it can be used for great benefit, it can also be used poorly—or not at all.
Although unions did not find legal recognition until the 1930s, workers first began organizing long before that. The first forms of permanent organization among laborers can be traced back to groups of handicraftsmen in the late eighteenth century (some would argue the medieval craft guilds prior to that), and the emergence of modern unions is typically associated with the spread of the factory industry in the early 1800s at the very dawn of the industrial revolution. Generally seeking to obtain higher wages, a reduction in working hours, and improved working conditions, these groups were also committed to organizing workers, establishing free public education, and eliminating child labor.
What were some of the early statutes enacted by Congress that supported the labor movement?
In 1914, the Clayton Anti-trust Act clarified that peaceful groups of workers in labor organizations were not “criminal conspiracies.”
In 1932, the Norris-LaGuardia Act stripped judges of the power to prohibit picketing and strikes. In 1935 the Wagner Act (otherwise known as the National Labor Relations Act) recognized the right of workers to organize and practice collective bargaining.
The National Labor Relations Act further led to the creation of the National Labor Relations Board, which was charged with supervising union elections and stopping unfair labor practices.
Where do we typically see unions in the retail environment?
Grocery and food retail environments more frequently experience union involvement.
What are the two primary types of unions that we see in the retail environment?
A Professional or Craft Union is designed to organize a particular group of workers that share a common skill. Also known as a “horizontal” union, it is generally understood that these alliances will involve individuals with advanced and/or highly specialized skills. Teachers’ unions, pharmacists’ unions, meat cutters’ unions and carpenters’ unions are all common examples of this type of union.
Industrial Unions attempt to organize all workers within a particular industry regardless of their specific skill sets. Also known as a “vertical” union, many industrial unions began by organizing workers in a single industry or group of related industries, and diversified over the years to be more inclusive. The United Food and Commercial Workers’ Union (U.F.C.W.), the Teamsters’ Union, and the United Automobile Workers (UAW) are common examples of this type of union.
Specific labor unions may be organized on several different levels. What are some of the more common levels in which they might be organized?
A Local Union (often referred to simply as a “local”) is organized to represent union members from a particular geographic area, company, or business sector. Local unions typically have their own governing bodies that represent the interests of the national union while responding to the needs of their local constituents. Locals typically organize regular meetings for their union members.
National Unions serve to unite all affiliated local unions under one constitution. Granting each local union its charter, national unions recognize the autonomy of each local union while uniting them under one set of rules. The primary emphasis of national unions is economic, and their principal function is collective bargaining (although much of the negotiation process can occur at the local union level). Negotiating labor management contracts—which deal with wages, hours, and working conditions—and settling management disputes are the primary roles of the local and national union leadership.
International Unions have members both inside and outside the United States. The organization of these unions is very similar to national unions, with local unions being the basis for the union structure.
A Federation is the top level of labor union organization. A union federation may unite many national and/or international unions (For example, the American Federation of Labor and Congress of Industrial Organizations, or AFL-CIO). The purpose of the federation level of the union is to coordinate its affiliated unions, settle disputes between them, and serve as the political representative of union members.
What are some of the primary roles of the union?
A primary role of the union is to bring working people together regarding key issues that its members care about. This may include pay and benefits issues, legal representation, legislative and political remedies, and other issues that involve the workforce.
What are some of the primary responsibilities of union leadership?
Fulfill the duties of fair representation for individual union members and the union as a whole. They are the voice of the union members in the workplace when dealing with issues that affect members and their working conditions.
Promote union objectives, values and goals.
Manage, invest, and expend union resources in accordance with its constitution and bylaws, and any resolutions of the governing bodies.
Communicate and explain legislative and political action programs.
Organize and educate new members.
Provide a source of advice and guidance. They offer knowledge and experience, and keep members informed about union policies, activities and proposals.
Keep members informed about the employer’s proposals and policies.
Investigate and process grievances.
Promote attendance and participation in union meetings.
Promote workplace health and safety.
Ensure consistent application of the collective bargaining agreement.
Problem-solve. This would involve promoting fairness, bargaining for better work conditions, helping to resolve issues, and dealing with difficulties that arise in the workplace. They should listen and respond to union member comments and concerns.
Review management decisions regarding conduct issues at the workplace, and the administration of any resulting discipline and/or terminations.
Support and enhance training and education programs.
Uphold partnership principles working with the employer to advance and maintain the elements of shared decision making, improve the labor processes, and enhance the performance of the business.
What is a Union Steward?
A Union Steward is a union member elected from among his or her fellow employees (and occasionally by appointment from a higher union body) to represent the union members to management and the union hierarchy.
The union has a duty to represent the labor force. Explain and expand…
It is important to understand that the union has a duty to represent the labor force. Even in those situations where it is clearly apparent that they have a despondent position (for example, a discharge case for theft with incontrovertible evidence) they have a duty to fully represent the best interests of the union member, and we must understand the liability the union incurs if it fails to properly represent the member. As a representative of the company, it is important that we understand this perspective, and incorporate this into our thought processes as we manage through the multitude of situations that we may face in the union environment.
What are the Weingarten Rights? How do they influence the way that we conduct investigative interviews?
When union employees are interviewed during the course of an investigation, the employee has the right to request and receive union representation prior to answering questions, or at any time during the interview. This only applies in those situations in which there is a reasonable belief that disciplinary action or other adverse consequences may result from what the employee might say. The employee cannot be reprimanded in any way for making such a request.
The union employee may decide to forgo this guaranteed right, and if he or she prefers, they may participate in an interview unaccompanied by a union representative.
Management is not required to inform the employee of his or her Weingarten rights. It’s the employee’s responsibility to know these rights and make such a request.
Once a union employee has asserted their Weingarten rights, the employer must choose to (1) grant the request and delay any questioning until the union representative is present, or (2) deny the request and end the interview immediately.
If the employer denies the employee’s request for union representation and continues to ask the employee questions, the employer has committed an unfair labor practice and the employee has the right to refuse to answer those questions. The employer may not discipline the employee for such a refusal.
If the interview is terminated, the employer may continue their investigation into the matter at hand without an interview of the employee. The employer would then be free to draw conclusions and act on the basis of information gathered from other sources without such additional facts that may have been revealed during the employee interview.
If a union representative becomes involved in the matter, the employer must inform the union representative of the subject of the interview. The representative may speak privately with the employee prior to the interview.
During the interview, the union representative may provide counsel and assistance to the employee but cannot tell the employee what to say nor advise an employee not to answer a question. During questioning, the representative may interrupt to clarify a question or object to confusing or intimidating tactics. At the end of the interview, the union representative may provide additional information to support the employee’s case.
The employer has no duty to bargain with any union representative who may be permitted to attend the investigatory interview. The representative is present to assist the employee and may attempt to clarify the facts or suggest other employees who may have knowledge of the facts. However, the employer is free to insist that only the employee’s own account of the matter under investigation be heard at that time.
Weingarten Rights do not apply when a meeting or discussion is merely for the purpose of conveying work instructions, training, or needed corrections. Additionally, when the purpose of the meeting is to inform the employee about a disciplinary decision that has already been made and no information is sought, the Weingarten Rights do not apply. This also holds true when the employer has clearly assured the employee prior to the interview that no disciplinary action or adverse consequences will result from the interview; or in the event that the discussion is initiated by the employee rather than the employer.
What are the primary provisions of the Weingarten Rights?
Having a clear understanding of co-employment situations where a third-party company that works on site is part of a union is critical in these types of situations. This could be a third-party janitorial team, security team, or other vendor that works within the building providing specialized services to the company. Work with your companies’ legal team should these situations arise.
What is Collective Bargaining?
Collective Bargaining is a process of negotiation between management and union representatives for the purpose of determining mutually acceptable wages, benefits, and working conditions for employees. Focusing on goals and concerns common to both parties, various methods may be utilized as part of the bargaining process. The desired outcome is to find a solution that results in the mutual acceptance of a collective bargaining agreement between management and the work force.
What is Labor Arbitration?
Labor arbitration is the process of resolving disputes involving unions, employees, and employers
What are the two primary types of labor arbitration?
Interest Arbitration typically resolves conflicts regarding the terms and conditions of employment, such as wages, working hours, vacation days, etc. These issues are negotiated through the collective bargaining process and formalized through the collective bargaining agreement/contract. Interest arbitrations can avoid or end strikes. By the same respect, a breakdown in these negotiations often results in a strike.
Rights Arbitration is widely used in private sector labor relations and is used to resolve conflicts of rights (grievances) related to disagreements over the application or implementation of an existing union contract. A common example involves the discipline and/or termination of employees. Most union contracts indicate that employees can only be disciplined or terminated with “just cause,” and such grievances are frequently filed over whether or not the specific incident is consistent with the conditions for “just cause.”
What is a Grievance?
A “grievance” is a formal, written complaint filed against the employer, typically by a union steward on behalf of the union employee or employees. The grievance should be a clear and concise statement, typically understood as a difference regarding the application, interpretation, administration, or related alleged violation of the particular collective bargaining agreement. It may also involve other types of violations occurring in the workplace, such as safety issues or alleged employee rights violations.
What is a Strike?
A Strike is an organized work stoppage by labor intended to exert pressure on management for better contract terms and/or working conditions, or settling other employee grievances. The right to strike is granted in nearly all industrialized countries. Most strikes are intended to inflict a cost to employers for failure to meet specific employee demands. While the union may impose a strike to attempt to force the employer to make certain concessions such as increased wages or improved employment conditions, they do not have the right to use a strike to interfere with management prerogatives, or with policies that the employer is entitled to make that do not directly concern the employee/employer relationship.
What is a Lockout?
A Lockout is the employer’s alternative to the employee’s strike. Though rarely used today, employers may use the lockout as a tactical action to meet their bargaining objectives. During the lockout the employer will withhold work from their employees and bar them from the workplace, either closing down operations altogether or hiring replacement workers. The objective is to put pressure on the union to make concessions and reach a contract settlement so that employees can get back to their jobs and receive their wages. The 1947 Taft-Hartley Act and subsequent rulings by both the courts and the National Labor Relations Board have imposed some legal restrictions on the use of lockouts as a strategic labor tactic.
What type of political activity might the union typically become involved in?
Unions may become involved with political campaigns, practice lobbying efforts, or financially support individual candidates or political parties.
What are some common steps that we should take to strengthen our relationships in the union environment?
Company management and our union partners should work and plan together to develop a commonly understood and clearly articulated strategy that will best reach our shared objectives. We should strive to build greater trust and respect by improving cooperation and maintaining a clear commitment to the partnership. We should identify opportunities for common approaches and involve employees and their union representatives as partners whenever possible and appropriate. Once this is achieved, we can then craft solutions that better serve our customers and our company mission.
The essentials of a labor-management plan can vary, but most contain the following elements:
Understand the perspective and perception of all involved. Each partner must come to an understanding of the values, needs, and priorities of the other, and demonstrate that aptitude through both words and actions. Our ability to maintain effective communication and a healthy dialogue between the union and company management is essential.
Explore areas for improvement. Discuss topics in a forum that invites mutual participation, open conversation, brainstorming, and problem solving. Filling holes is much easier than bridging gaps, and both can be accomplished with greater success when we work together.
Define possible solutions. Work together to identify the best means to fulfill those values, needs, and priorities in ways that are mutually beneficial and best meet the needs of the business.
Prioritize opportunities. Once potential solutions have been established, develop a plan to proceed with those solutions based upon mutually agreed upon criteria that recognizes joint collaboration and cooperation.
As part of a successful plan, the evaluation of strategies, actions, and results are essential. We want to identify the individuals and the resources that will be involved in formulating our joint partnership, develop an approach that identifies issues and potential issues to reduce conflict, work together to enhance the relationship between the union and the company, and foster an environment where our partnerships can succeed and thrive.
Other than salary, what are some common modifications or proposals that might be negotiated as part of the collective bargaining process? What are some other circumstances that may occur which can lead to a need for union negotiations?
The involved parties will review the needs and interests of both sides; and each side will then present its proposals, to include potential problems and issues that need to be resolved. The issues themselves may range from changes in procedures (such as the grievance procedure) or rights (such as management rights) to economic proposals for changes in salary and benefits.
There are also other circumstances that may occur which can lead to a need for negotiation. Company reorganizations and mergers, the introduction of new technology, changes in laws and regulations, and a host of other potential factors may create the need for new discussions and/or a new agreement.
What is the negotiation process designed to accomplish?
The negotiating process is designed to promote the balancing of the rights and interests of employees and the union with those of company management and to foster a two-way flow of communication.
The negotiation process must support a shared understanding of:
Preparation for such negotiations should begin by reviewing the agendas from previous negotiations. This allows us to study the arguments made by both sides at that time, review the answers given in respect to the different issues, and help develop strategies and objectives for the current negotiations. Background material, data, and any arguments to support the proposals should be prepared. A review of the key issues from the previous negotiation is critical, to include follow up on all of the agreements and commitments, whether or not they were effectively implemented, and what operational impact they had on the organization.
How the contract impacted the efficiency and effectiveness of the organization is a critical element in the negotiation. Asking the right questions that drive to the contract’s impact on operations, quality, and productivity provides data critical to the process. We should also include an assessment of those issues, and whether or not they may potentially surface again. It is far easier to develop strategies to deal with issues prior to the negotiations than it is to deal with them at the table.
The fundamental aspects of this approach should be integrated into and fully supported by the organization’s overall strategic plan. This would also necessitate an open, candid, and trusting working relationship within the company management team, a collaborative working relationship between union officials and management representatives, and management’s support for and confidence in the labor relations team. It’s also extremely important that both company management and union representatives keep their managers and employees/members well-informed, as a lack of proper communication and information can lead to misunderstandings, and potentially more serious work issues.
What is picketing?
Picketing is a constitutionally protected means of exercising free expression when done in accordance with the law. Frequently used in labor and other disputes, individuals will stand or patrol (often with signs, etc.) in front of or near the workplace to call attention to their grievances, dissuade patronage, impede deliveries and services, discourage strike-breakers, and increase consumer sympathy. The objective may be to communicate a rallying symbol for the picketers, gain recognition as the bargainers for employees, seek economic demands, or simply gain attention for a particular cause. Picketing may also be used to gather support for other motives (for example, to protest a product sold by the company).
