Labor RelationsLabor Relations

Test Your Labor Relations Know-How

1. An auto mechanic applied for a job with an automotive dealership. He was denied employment because of his union membership. Was the employer’s action lawful?______ Yes ______ No

2. During a labor organizing drive, supervisors questioned individual employees about their union beliefs. Was this questioning permissible?______ Yes ______ No

3. When members of a union began wearing union buttons at work, management ordered the buttons to be removed. Was management within its rights?______ Yes ______ No

4. While an organizing drive was under way, an employer agreed—as a social gesture—to furnish refreshments at a holiday party. Was the employer acting within the law?______ Yes ______ No

5. A company distributed to other antiunion employers in the area a list of job applicants known to be union supporters. Was the distribution unlawful?______ Yes ______ No

6. During a union organizing drive, the owner of Servo Pipe promised her employees a wage increase if they would vote against the union. Can the owner legally make this promise to her employees?______ Yes ______ No

Test Your Labor Relations Know-How (cont’d)7. Employees have the right to file unfair labor practice charges against their

employer even when the organization is nonunion.______ Yes ______ No

8. The union wishes to arbitrate a member’s grievance, which management has demonstrated is completely groundless. Must management arbitrate the grievance?______ Yes ______ No

9. John Green, a maintenance engineer, has a poor work record. Management wishes to terminate his employment. However, Green is a union steward, and he is highly critical of the company. Can management legally discharge this employee?______ Yes ______ No

10. During an organizing drive, an office manager expressed strong antiunion beliefs and called union officials “racketeers,” “big stinkers,” and a “bunch of radicals.” He told employees who joined the union that they “ought to have their heads examined.” Were the manager’s comments legal?______ Yes ______ No

Impact of UnionsImpact of Unions

StaffingStaffing

Employee DevelopmentEmployee Development

CompensationCompensation

Employee RelationsEmployee Relations

Major Labor LawsMajor Labor Laws

Railway Labor Act (RLA) of 1926Railway Labor Act (RLA) of 1926

Norris LaGuardia Act (Anti-Injunction Act) Norris LaGuardia Act (Anti-Injunction Act)

Wagner Act (National labor Relations Act) of Wagner Act (National labor Relations Act) of 19351935

Taft-Harley Act (Labor-Management Taft-Harley Act (Labor-Management Relations Act) of 1947Relations Act) of 1947

Landrum-Griffin Act (Labor-Management Landrum-Griffin Act (Labor-Management Disclosure Act) of 1959Disclosure Act) of 1959

Government Regulation of Government Regulation of Labor RelationsLabor Relations

Railway Labor Act (RLA) of 1926Railway Labor Act (RLA) of 1926 Purpose of the act is to avoid service Purpose of the act is to avoid service

interruptions resulting from disputes between interruptions resulting from disputes between railroads and their operating unions.railroads and their operating unions.

National Mediation BoardNational Mediation Board National Railway Adjustment BoardNational Railway Adjustment Board

Norris-LaGuardia Act of 1932Norris-LaGuardia Act of 1932 Restricts the ability of employers to obtain an Restricts the ability of employers to obtain an

injunction against unions for their lawful injunction against unions for their lawful activities.activities.

Wagner (NLRA) ActWagner (NLRA) Act

Generally applies to all employers involved in Generally applies to all employers involved in interstate commerce other than airlines, interstate commerce other than airlines, railroads, agriculture, and government.railroads, agriculture, and government.

Government Regulation of Government Regulation of Labor RelationsLabor Relations

Wagner Act (National Labor Relations Act)Wagner Act (National Labor Relations Act)of 1935of 1935

Protects employee rights to organize and Protects employee rights to organize and bargain collectively through representatives of bargain collectively through representatives of their choice.their choice.

Created the National Labor Relations Board Created the National Labor Relations Board (NLRB) to govern labor relations in the United (NLRB) to govern labor relations in the United States.States.

Holds secret ballot union representation elections.Holds secret ballot union representation elections. Prevents and remedies unfair labor practices.Prevents and remedies unfair labor practices.

Wagner (NLRA) ActWagner (NLRA) ActSection 7 of the Act guarantees employee Section 7 of the Act guarantees employee

rights:rights: To self-organization, to form, join, or assist To self-organization, to form, join, or assist

labor organizations, to bargain collectively labor organizations, to bargain collectively through freely chosen representatives.through freely chosen representatives.

To engage in concerted activities, for the To engage in concerted activities, for the purpose of collective bargaining or other purpose of collective bargaining or other mutual aid or protection. mutual aid or protection.

To refrain from any or all of such activities To refrain from any or all of such activities except to the extent that such right may be except to the extent that such right may be affected by an agreement requiring affected by an agreement requiring membership in a labor organization as a membership in a labor organization as a condition of employment.condition of employment.

Unfair Labor Practices (ULPs)Unfair Labor Practices (ULPs)

Section 8 of the Wagner Act outlawed Section 8 of the Wagner Act outlawed employer practices that deny employees employer practices that deny employees their rights and benefits:their rights and benefits:

Interference with Section 7 rightsInterference with Section 7 rights Domination of a union (company union)Domination of a union (company union) Discrimination against union membersDiscrimination against union members Arbitrary discharge of union membersArbitrary discharge of union members Refusal to bargain with the unionRefusal to bargain with the union

Amendment to the Wagner Amendment to the Wagner ActAct

Taft-Hartley Act (The Labor-Management Taft-Hartley Act (The Labor-Management Relations Act) of 1947Relations Act) of 1947

Balances rights and duties of labor and Balances rights and duties of labor and management in collective bargaining by management in collective bargaining by defining unfair defining unfair unionunion practices. practices.

Created the Federal Mediation and Conciliation Created the Federal Mediation and Conciliation Service (FMCS) to help resolve negotiating Service (FMCS) to help resolve negotiating disputes.disputes.

Unfair Union Practices (Taft-Unfair Union Practices (Taft-Hartley Act)Hartley Act)

Unions are prohibited from:Unions are prohibited from: Interfering with Section 7 rights of employeesInterfering with Section 7 rights of employees Interfering with representation electionsInterfering with representation elections Influencing employers to discriminate with regard Influencing employers to discriminate with regard

to union membershipto union membership Refusal to bargain collectively with employerRefusal to bargain collectively with employer Interference with certified employee Interference with certified employee

representative’s relationship with employerrepresentative’s relationship with employer Assessment of excessive initiation fees and dues Assessment of excessive initiation fees and dues

on bargaining unit memberson bargaining unit members

Another Amendment to the Another Amendment to the Wagner ActWagner Act

Landrum-Griffin Act (Labor-Management Landrum-Griffin Act (Labor-Management Reporting and Disclosure Act) of 1959Reporting and Disclosure Act) of 1959

Safeguards union member rights and prevents Safeguards union member rights and prevents racketeering and other unscrupulous practices racketeering and other unscrupulous practices by employers and union officers.by employers and union officers.

Landrum-Griffen Act of 1959Landrum-Griffen Act of 1959Each union must have a bill of rights for union members to Each union must have a bill of rights for union members to

ensure minimum standards of internal union democracy.ensure minimum standards of internal union democracy.

Each union must adopt a constitution and provide copies of Each union must adopt a constitution and provide copies of it to the Department of Labor.it to the Department of Labor.

Each union must report its financial activities and the Each union must report its financial activities and the financial interests of its leaders to the Department of financial interests of its leaders to the Department of Labor.Labor.

Union elections are regulated by the government, and Union elections are regulated by the government, and union members have the right to participate in secret union members have the right to participate in secret ballot elections.ballot elections.

Union leaders have fiduciary responsibility to not use union Union leaders have fiduciary responsibility to not use union money and property for their own personal gain.money and property for their own personal gain.

The Labor Relations Process

Why Employees UnionizeWhy Employees Unionize

United Food and Commercial Workers International Union Authorization Card

Aggressive Organizing Aggressive Organizing TacticsTactics

Political InvolvementPolitical Involvement

Neutrality AgreementsNeutrality Agreements

Organizer TrainingOrganizer Training

Corporate CampaignsCorporate Campaigns

Information TechnologyInformation TechnologyUnion NOW!!

OUR CONCERNSOUR CONCERNS UNIONUNION NO UNIONNO UNION

Wages and Other Wages and Other Compensation.Compensation.

Spelled out in the Spelled out in the ContractContract

SECRET - privately SECRET - privately negotiated by negotiated by management.management.

Raises.Raises. Will be bargained for Will be bargained for everyone and everyone and everyone votes.everyone votes.

Favoritism can Favoritism can determine individual determine individual raises.raises.

Discipline/Dismissal.Discipline/Dismissal. The Union will defend The Union will defend you with Legal you with Legal Assistance and a Assistance and a Grievance Process.Grievance Process.

You are an "You are an "AT WILLAT WILL" " employee. Good luck, employee. Good luck, you're on your own.you're on your own.

Problems on the Job.Problems on the Job. Your VOICE is heard. Your VOICE is heard. You have a Grievance You have a Grievance Process.Process.

Their way or the Their way or the highway.highway.

Service Employees International Union

Employer Tactics Opposing Employer Tactics Opposing UnionizationUnionization

Stressing favorable employer-employee relationship Stressing favorable employer-employee relationship experienced without a union.experienced without a union.

Emphasize current advantages in wages, benefits, Emphasize current advantages in wages, benefits, or working conditions the employees may enjoyor working conditions the employees may enjoy

Emphasize unfavorable aspects of unionism: strikes, Emphasize unfavorable aspects of unionism: strikes, union dues, abuses of legal rightsunion dues, abuses of legal rights

Initiate legal action when union members and Initiate legal action when union members and leaders engage in unfair labor practicesleaders engage in unfair labor practices

TIPS for Pre-election TIPS for Pre-election ConductConduct

ThreatsThreats It is unlawful to threaten employees with theoretical dire It is unlawful to threaten employees with theoretical dire

consequences should the union win the election.consequences should the union win the election.

IntimidationIntimidation Employers by law cannot intimidate or coerce Employers by law cannot intimidate or coerce

employees to vote against the union.employees to vote against the union.

PromisesPromises Management cannot promise employees benefits or Management cannot promise employees benefits or

reward if they vote against the union.reward if they vote against the union.

SurveillanceSurveillance It is unlawful to secretly or overtly spy on organizing It is unlawful to secretly or overtly spy on organizing

meetings.meetings.

The Labor Relations The Labor Relations ProcessProcess

1. Union organizing1. Union organizing Demonstrating interestDemonstrating interest NLRB ElectionNLRB Election

2. Collective bargaining2. Collective bargaining ““Good faith” bargainingGood faith” bargaining

3. Contract administration3. Contract administration Hiring, training, and job designHiring, training, and job design Grievance proceduresGrievance procedures

How Employees Become How Employees Become UnionizedUnionized

Bargaining UnitBargaining Unit A group of two or more employees who share A group of two or more employees who share

common employment interests and conditions common employment interests and conditions and may reasonably be grouped together for and may reasonably be grouped together for purposes of collective bargaining.purposes of collective bargaining.

Exclusive RepresentationExclusive Representation The legal right and responsibility of the union The legal right and responsibility of the union

to represent all bargaining unit members to represent all bargaining unit members equally, regardless of whether employees join equally, regardless of whether employees join the union or not.the union or not.

Union Organizing ProcessUnion Organizing Process

Showing interest Showing interest NLRB requires 30% of employees sign authorization NLRB requires 30% of employees sign authorization

cards to conduct an election.cards to conduct an election.

Election petition filedElection petition filed The Local presents the cards to the NLRB with a request The Local presents the cards to the NLRB with a request

that it conduct an election. that it conduct an election. 

Election date setElection date set The union, an employer representative, and the NLRB The union, an employer representative, and the NLRB

set an election date.set an election date.

NLRB election (secret ballot)NLRB election (secret ballot) Employees decide by a secret ballot if you want a union Employees decide by a secret ballot if you want a union

to begin negotiations with your employer. to begin negotiations with your employer.

NLRB Representation NLRB Representation ElectionElection

Representation Election ProcessRepresentation Election Process Preelection Hearing:Preelection Hearing:

NLRB certifies that 30 percent of eligible employees in bargaining NLRB certifies that 30 percent of eligible employees in bargaining unit have signed authorization cards and sets date for election.unit have signed authorization cards and sets date for election.

Election:Election: NLRB conducts secret ballot election. If union wins the majority of NLRB conducts secret ballot election. If union wins the majority of

votes in the election, NLRB certifies the union as the exclusive votes in the election, NLRB certifies the union as the exclusive bargaining unit representative with which the employer must bargaining unit representative with which the employer must collectively bargain.collectively bargain.

Certification on Card Check:Certification on Card Check: If at least 50 percent of employees within the bargaining unit If at least 50 percent of employees within the bargaining unit

sign authorization cards, then the union may request recognition sign authorization cards, then the union may request recognition by the employer.by the employer.