Unions and Labor Relations

Question 1

What is the role of unions in the US?

Answer 1

Workers act as individuals to select jobs that are acceptable and negotiate their own pay, benefits, flexible hours and working conditions. Sometimes, workers think management does not consider their needs and interests enough and so act collectively by forming and joining with others in a labor union.

Question 2

What is a union? How are labor relations defined? What are the 3 levels of Labor Relations decisions?

Answer 2

Organizations formed for the purpose of representing their members’ interests in dealing with employers. “Body of Knowledge” that emphasizes skills mgmt and union leaders can use to minimize costly forms of conflict (like strikes) and find win-win solns to disagreements through discussions/negotiations. Labor Relation Strategy, Negotiating Contracts, Administering Contracts.

Question 3

What is the Labor Relations strategy in relation to first management and then unions?

Answer 3

Mgmt - Will organization work with unions or develop (or try to maintain) nonunion operations.
Unions - To fight changes in how unions relate to the organization or accept new kinds of labor-management relationships.

Question 4

What are the only 3 things that management has to negotiate in a union setting? What kinds of things are administered in contracts?

Answer 4

Wages (OT, Shift Differential, Seniority), Hours (Shifts, contract length, layoff/recall), working conditions (safety conditions, PPE, MSDS). Day-to-day activities in which union members and the organization’s members maybe have disagreements. A “formal grievance procedure” is used to resolve these issues and the “grievance steps” are clearly defined and followed.

Question 5

What kind of unions do most union members belong to? What are most of them affiliated with?

Answer 5

Craft/trade unions (members all have a particular skill or occupation - machinist, electrical union). Industrial unions (members are linked by their work in a particular industry - steel workers, service industry workers). Most are affiliated with the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO).

Question 6

What is the AFL-CIO?

Answer 6

Not a labor union, association that seeks to advance shared interests of member unions at the national level, much like Chamber of Commerce does for businesses.

Question 7

What does typical US Union Membership look like?

Answer 7

Older than 54, either male or female, holding a job in government, transportation company or utility. Workers younger than 25 and in financial or business industry services are least likely to be in a union. Union membership in 2017 less than 11%.

Question 8

What are the reasons for the decline in union membership?

Answer 8

Change in structure of economy, management effort to control costs, HR practices, government regulations.

Question 9

What are management goals and what do they continue to be when a union is recognized?

Answer 9

Increase organization’s profits, contain costs, increase output, keep organization’s operations flexible. Continue to emphasize containing cost and improving output. Managers prefer controlled increase in wages & benefits, retain as much control as possible over work rules and schedules.

Question 10

What are labor union’s goals? What is their survival and security dependent on? What are three types of provisions that are critical to their security and viability?

Answer 10

Obtain pay and working conditions that satisfy members, give members voice in decisions that affect them, gain power in numbers, influence methods that determine members pay and promotions. Survival dependent on regular flow of members and member dues to support services provided. “Check-off” provisions, super-seniority, union membership security.

Question 11

What are “check-off” provisions?

Answer 11

To carry out functions union must receive dues from members. A contract provision under which employer automatically deducts union dues from employees’ paychecks on union’s behalf. Not required by law.

Question 12

What is super-seniority?

Answer 12

Employer recognizes union offers have “exceptional seniority rights.” Union members laid off based on seniority in company during layoff periods. Allows these officers to stay employed during layoff periods even if there are members with more seniority than them.

Question 13

What is membership security? What does it require? What is it like in RTW (Right to Work) states?

Answer 13

All members of a bargaining unit must be represented by the union whether they are union members or not. Since unions offer their services to everybody in bargaining unit, they want everybody to pay check off dues. In RTW states, some employees in the bargaining unit are not dues-paying members. If all people it must represent are not paying dues, may not be able to operate successfully.

Question 14

What is the issue in regards to membership security in right to work (RTW) states? What is there a concern with?

Answer 14

Some members in the bargaining unit are not dues paying members. All employees eligible to join the union or for whom a labor union negotiates a collective bargaining agreement (collective bargaining unit). Free Riders are a concern. If all the people they are paying to provide representation for do not pay, they might not have enough financial resources to operate successfully.

Question 15

What are the laws affecting labor unions?

Answer 15

National Labor Relations Act of 1935 (NLRA), Landum-Griffin Act of 1959, Taft-Hartley Act of 1947.

Question 16

What does the NLRA do?

Answer 16

Supports collective bargaining, sets out rights of employees to form unions. Prohibits employers and unions from engaging in unfair labor practices (ULPS). Employers can’t interfere with employer’s decision to join union, cannot discriminate against employees involved in union activities or testifying in court about actions under NLRA.

Question 17

What does the Landum-Griffin Act do?

Answer 17

Regulates unions’ actions with regards to members. Establishes and protects rights of union members, including rights to nominate candidates for union office, participate in union meetings and secret-ballot elections, examine union’s financial records.

Question 18

What does the Taft-Hartley Act do?

Answer 18

Congress establishes restrictions on union practices deemed unfair to employers and union members. Allows states to pass Right-to-Work laws, which make union shops (all employees must join union) illegal. President can break a strike to protect national interests.

Question 19

What do Right-to-Work laws do? What is the NLRB?

Answer 19

State laws make required union membership, maintenance of membership and agency shops illegal. National Laber Relations Board - Federal gov’t agency that enforces NLRA by conducting and certifying representation elections and investigating unfair labor practices. Act (NLRA), Agency (NLRB).

Question 20

What is involved in the organizing process for forming a union?

Answer 20

Signing authorization cards, petition for an election, an election campaign, and election and certification.

Question 21

What is an authorization card? What has to be established?

Answer 21

Document indicating employee wants to be represented by a labor organization in collective bargaining. Sufficient interest from the employees to make the bargaining unit; 30% of employees sign an authorization card, a union will want/need 50% or more.

Question 22

How are elections and certifications run?

Answer 22

NLRB monitors secret-ballot election on set date, board issues certification of results to participants. If a majority of EMPLOYEES WHO VOTE vote for union, NLRB will certify. Neither party required to make concessions in contract development, but does compel them to bargain in good faith.

Question 23

What can management not do?

Answer 23

SPIT
Spy or Surveillance - Cannot listen in or get secretly informed of “inside-union” happenings that affect campaign.
Promise - Raises, preferential treatment, promotions, or anything beneficial in exchange for not supporting.
Interrogate - Cannot ask about voter preference, who is or is not in support, or other details.
Threaten - Job loss, plant closing, work relocation.

Question 24

What can management do?

Answer 24

Alert using FORE
Facts - Supply factual information/videos.
Opinion - Provide opinion on why it can be an issue.
Rulings - Can cite laws and guidelines that exist.
Examples - Make a case about unions relative to true facts.

Question 25

What does “salting” the workforce involve?

Answer 25

Union organizers take full-time jobs in non-union companies intending to organize employees into a union plant - called “salts.” Call or visit employees at home to talk about issues like pay and job security. Offer workers “associate union membership” to those not yet “organized” at location. Creates “insiders” that gather information, act like “salts.”

Question 26

What does a union try to do when organizing?

Answer 26

Conduct corporate campaigns (all plants under one union). All plants have same contract, end dates, strike cripples entire company rather than one location. Try to negotiate employer neutrality and card-check provisions. Neutrality - Company agrees to not campaign against union. Card-check - Representation just by union cards being signed, no secret ballot.

Question 27

Can a union be decertified? If so, what is the process?

Answer 27

Yes, Taft-Hartley made it possible for employees to decertify a union. 30% must petition for election, petition has to be submitted 60-90 days before end of contract. Schedule and hold a “decertification election” using secret ballot. If majority votes against union, free.

Question 28

What does a union negotiate on behalf of its members with management members in the contract?

Answer 28

Recognizing them as the sole bargaining group, management rights (what management can and can’t do), union security (rules such as super-seniority and “check-off” provisions), compensation and SOME benefits (they try to negotiate all), grievance procedure and employee security (relative to plant layoffs and closings).

Question 29

What happens when bargaining breaks down?

Answer 29

Strike - Collective decision by union members to not work until certain demands or conditions are met.
Mediation - Not binding discussion/ruling.
Arbitration - Binding discussion with a ruling.

Question 30

What is contract administration and what is a grievance procedure?

Answer 30

WHAT (CA) - Carrying out labor agreement’s terms and resolving conflicts over interpretation or violation of agreement is administering the contract.
HOW (GP) - Grievance procedure is the HOW. Specific process for resolving union-management conflicts over interpretation or violation of a CBA.