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PART III ESTABLISHMENT OF COLLECTIVE BARGAINING CHAPTER 4 Control of the Bargaining Unit Carolyn Mitchell

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Page 1: Carolyn Mitchell. Agenda Importance of Bargaining Unit Wagner Act and Bargaining Unit NLRB Bargaining Unit Determinations Wagner Act Experience vs. Taft-Hartley

PART IIIESTABLISHMENT OF COLLECTIVE BARGAINING

CHAPTER 4Control of the Bargaining Unit

Carolyn Mitchell

Page 2: Carolyn Mitchell. Agenda Importance of Bargaining Unit Wagner Act and Bargaining Unit NLRB Bargaining Unit Determinations Wagner Act Experience vs. Taft-Hartley

Agenda Importance of Bargaining UnitWagner Act and Bargaining Unit NLRB Bargaining Unit DeterminationsWagner Act Experience vs. Taft-Hartley Act

terms for the following: Craft or Skilled Workers SupervisorsManagerial employees other than SupervisorsPlant GuardsProfessional Employees

Page 3: Carolyn Mitchell. Agenda Importance of Bargaining Unit Wagner Act and Bargaining Unit NLRB Bargaining Unit Determinations Wagner Act Experience vs. Taft-Hartley

Agenda Cont’d Extent of OrganizationCoordinated Bargaining

Page 4: Carolyn Mitchell. Agenda Importance of Bargaining Unit Wagner Act and Bargaining Unit NLRB Bargaining Unit Determinations Wagner Act Experience vs. Taft-Hartley

Collective Bargaining? Process by which a union (a representative of

the employees) and the employer meet and confer with respect to wages, hours, and other terms and conditions of employment, or negotiation of an agreement of any question arising there under.

Page 5: Carolyn Mitchell. Agenda Importance of Bargaining Unit Wagner Act and Bargaining Unit NLRB Bargaining Unit Determinations Wagner Act Experience vs. Taft-Hartley

Bargaining Unit? A group of employees being represented by a Union.

Page 6: Carolyn Mitchell. Agenda Importance of Bargaining Unit Wagner Act and Bargaining Unit NLRB Bargaining Unit Determinations Wagner Act Experience vs. Taft-Hartley

Importance of Bargaining UnitThe bargaining unit plays a critical role in the

labor relations system.

Employees excluded from the unit are not covered by a collective bargaining agreement and must accept conditions of employment as determined by the employer.

The NLRB conducts a secret election to determines whether a union should be certified for collective bargaining.

Page 7: Carolyn Mitchell. Agenda Importance of Bargaining Unit Wagner Act and Bargaining Unit NLRB Bargaining Unit Determinations Wagner Act Experience vs. Taft-Hartley

Wagner Act and Bargaining UnitNLRB under the Wagner act, was instructed by Congress to

establish appropriate bargaining units in each case.

The NLRA does set out some guidelines for the board in determining the appropriate unit, and certain factors are considered by the NLRB.

Under the Wagner Act, no restrictions were placed on the agency, but various factors were to be included in setting up the units in order to make the collective bargaining process effective.

What happens when mutual agreements to the scope of the bargaining unit is not reached by the employers and the union.

Page 8: Carolyn Mitchell. Agenda Importance of Bargaining Unit Wagner Act and Bargaining Unit NLRB Bargaining Unit Determinations Wagner Act Experience vs. Taft-Hartley

Wagner Act vs. Taft Hartley Act

Unlike the Wagner Act, the Taft-Hartley imposed several restrictions on the Boards authority to establish bargaining units.

Taft-Hartley placed limitations on the NLRB authority for certain professions.

Page 9: Carolyn Mitchell. Agenda Importance of Bargaining Unit Wagner Act and Bargaining Unit NLRB Bargaining Unit Determinations Wagner Act Experience vs. Taft-Hartley

Bargaining Units Restrictions Imposed Unlike the Wagner act, Taft Hartley imposed

several restrictions on the Boards, authority to establish bargaining Units and this this involved various professions such as :

Craft or Skilled WorkersSupervisors Plant Guards Professional Employees Extent of Organization.

Page 10: Carolyn Mitchell. Agenda Importance of Bargaining Unit Wagner Act and Bargaining Unit NLRB Bargaining Unit Determinations Wagner Act Experience vs. Taft-Hartley

Bargaining Units Restrictions Imposed Cont’ Unlike the Wagner act, Taft Hartley imposed

several restrictions on the Boards, authority to establish bargaining Units and this this involved various professions such as :

Plant GuardsProfessional Employees Extent of Organization

Page 11: Carolyn Mitchell. Agenda Importance of Bargaining Unit Wagner Act and Bargaining Unit NLRB Bargaining Unit Determinations Wagner Act Experience vs. Taft-Hartley

Coordinated BargainingAlso handled by the NLRB:

Different Unions in same corporationLegality of Coordinated Bargaining

Page 12: Carolyn Mitchell. Agenda Importance of Bargaining Unit Wagner Act and Bargaining Unit NLRB Bargaining Unit Determinations Wagner Act Experience vs. Taft-Hartley

THE END!