mod 14 Flashcards
The American Federation of Labor (AFL)
The American Federation of Labor (AFL) was founded in 1886 as a union of semiskilled and unskilled factory workers with Samuel Gompers as its president. The AFL was comprised of smaller craft unions, and it focused on gaining workers better wages and working conditions.
However, it did not organize labor in the workforce until the 1930s. During this time period, execution of the Norris-LaGuardia and Wagner Acts assisted and promoted union activities. The AFL referred to industrial unions as “federal locals,” a second-class position, which caused apprehension among the AFL craft unions. Today it is a confederation of many sovereign national unions with construction trade unions as charter members.
craft workers(most common)- carpenters, ironworkers, labors, etc
industrial workers- oil, steel, auto
Congress of Industrial Organization (CIO)
The Congress of Industrial Organizations (CIO) was an autonomous union formed from the AFL. The first manifestation of this group appeared when disgruntled leaders from the eight industrial AFL unions formed the Committee of Industrial Organization in 1935.
The purpose for forming the committee was to organize the mass-production industries. They wanted the AFL to represent both industrial and craft workers. However, the AFL’s executive council determined that this would upset the hierarchy within AFL ordered the committee to disband. The AFL executive council dissolved the committee in 1936. Two years later, the CIO was formed.
ALF-CIO Merger
In 1955, the AFL and CIO merged to become AFL-CIO. Leading up to this merger, the AFL and CIO struggled for leadership of American organized labor. Conflicts of interest in the preceding years delayed the unification.
Although, there are a significant number of construction workers that are currently represented by other unions, the AFL-CIO craft unions represent the majority of craft workers in this field.
Union Work Rules
The union work rules cover members’ employment and negotiation rights in collective bargaining. These may cover a wide range of issues and vary based on geographical area and by craft. Examples of union rules include but are not limited to those pertaining to jurisdiction of work, hours worked per day, overtime, holidays, crew size and mix, tools, job stewards, safety provisions, etc.
Union work rules exist to prevent employers from treating their employees (union members) unfairly and ensure safety working conditions. They also increase job security and defend against the loss of hard-won gains. Arguments against these rules include increased production costs, interference with contractor’s management rights, and unnecessarily prolonged construction times.
Union Business Agent
The union business agent, or business manager, is hired by the local union branch to manage the local office, supervise finances, and maintain records. He / she serves as a representative to outside agencies and employers and to manage internal, daily business operations, and participates in contract negotiations. This role includes but is not limited to building and policing the trade, determining union membership choices, and referring union craft workers to jobs.
the full time spokesman for the local and primary responsibility for “policing the trade”
Union Agreements
Union and Non-Union competition can be extremely unbalanced where bidding under union restrictions is concerned. The Closed Shop contractor does not have a competitive advantage against the Open Shop contractor, therefore, the Closed Shop contractor is permitted under the provisions of the Taft Hartley Act to form a subsidiary to the Closed Shop entity and form an Open Shop business format. It is extremely important that the separation of the two shops must be absolute; meaning that all of the Closed Shop management and officers cannot be a part of the Open Shop business. In addition, none of the resources that are owned by the Closed Shop can be used in the Open Shop operations. Closed Shop contractors must recognize responsibilities that arrive with the union agreement. Wage rates and fringe-benefit amountss create an imbalance in the competitive bidding process between the Closed and Open shops.
Fringe Benefits
Other Concessions
Project Agreements
National Agreements
Fringe Benefits
Fringe benefits are a creature of a Labor Union Agreement and carry the following additions to an hourly wage: Vacation Pay Health and Welfare Premiums Differentials in pay due to shift Contributions to Apprenticeship Programs Industrial Advancement Funds
Other Concessions
Other concessions that are in the typical Union agreement are: Maintenance of membership Work Rules Apprenticeship Program Operation Wages Hours Worker Control and Union Representation Operation of the Union Hiring Hall Union Area Subcontractor Clauses Special Provisions such as job assignment priorities
Project Agreements
Project agreements are labor contracts specific to one construction project. These are designed to facilitate project completion economically, efficiently, and on time. They usually apply to specific industry projects within a geographical area or a series of industry-related projects. These agreements are different from those in the collective bargaining agreement.
Often, project agreements require subcontractors to be members of a union. The agreement includes applicable local wage rates and fringe benefits. However, it sometimes includes special provisions that are more favorable to the contractor than the existing local labor agreements that help to reduce labor costs and reduce workflow interruptions.
One of the key features in project agreements are no-strike clauses meaning that if the crafts in a local area are on strike, the subject project under the agreement will not have workers on strike. However, in a number of instances across the country, despite “no-strike” language various strikes have still enveloped jobs covered by project agreements.
often prohibit strikes, lockouts, and slowdowns
National Agreements
A national agreement, or a nationally applicable labor contract, provides for employment of union members anywhere in the United States (and frequently in Canada, too). Large industrial contractors and the union often use these agreements as a way of handling their labor relations instead of drawing up multiple local contracts.
A joint administrative committee, established by the agreement, establishes wage rates, numbers of pre-apprentices and helpers, work week alterations, and other conditions related to the project or location.
The national agreements stipulates that all employers must use hiring halls to obtain their employees, with the exception of the field supervisor.
These agreements often contain a no-strike, no-lockout clause, with a provision for local collective bargaining. However, they do not include the terms and provisions that are in local labor contracts.
labor relations
The labor relation structure of a construction project includes prime contractor, subcontractor, supplier, union organizations, and the public authorities such as federal and state agencies. The employer-employee relationship is usually based upon the employee’s position with a Union Organization. If the employee is a member of a union, then the employer-employee relationship rests upon the provisions of a bargaining agreement that exists between the Union and the employer. The union places certain guidelines related to working conditions, tools, equipment, crew size, supervision, and wages upon the employer and the construction project.
Bidding situations between open and closed shop contractors can be unbalanced because of Union Agreement restrictions placed upon the closed shop contractor. Relations between Union and Non-Union contractors and employees can become sensitive and requires constant management and administration.
minimize costly forms of conflict such as strikes
(1) Construction Project Administration, Edward R. Fisk, 7th Edition
Closed-Shop
An employer that has an agreement with a Union Organization is usually known as a “Closed Shop” contractor whereas all employees that works for the employer are is represented by the Union.
Open-Shop
The employer that does not have an agreement with a union organization is referred to as an “Open Shop” or “Merit” contractor. He / she recruits workers, hires, trains, promotes, and discharges and disciplines his employees from an open labor market. The open shop contractor is not governed by union agreements or guidelines, however, the federal and state labor laws regulate the open shop contractor.
An open-shop requires a Labor Relations Policy to ensure the employees know and understand their rights within the company. Since there are no union trade jurisdictions, the contractor can create new occupations, comprised of different construction types. free to use prefabrications
Dual-Shop
Dual-shop, or “double-breasted,” operations are where the construction firm operates one open-shop through the union and opens an open-shop where a nonunion firm does business. These are NLRB approved and developed because construction contractors who operate under union labor agreements discovered that they could not compete for work in certain categories or geographical areas due to their labor costs.
NLRB considers sufficient separation exists between the two businesses:
1. interrelationship of operations
2. centralized control of labor relations
3. common management
4. common ownership or financial control
It is important that both open- and closed-shop operations are properly established and have separate management and operational processes. This ensures they may be declared as separate places of employment by federal law.
To prevent significant competition from the nonunion part of a dual-shop, many local unions add “work preservations clauses” to their labor contracts.
apprenticeship programs
in 1971, bureau of apprenticeship program and training approved national apprenticeship standards.
two to four years of on the job training and minimum of 144 hours a year of classroom instruction.
programs used: Model for unilateral trainee program standards and wheel of learning
