Module 5: Employee and Labor Relations

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Labor Organization

A labor organization is:

any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.

National Labor Relations Act (NLRA)

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Milestones in Employee and Labor Relations

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Wagner Act (NLRA)and founding of NLRB

andSocial Security Act

1935Clayton Act

1914Norris-

LaGuardia Act1932

Landrum-GriffinAct (Labor-Management

Reporting and Disclosure Act)1959Taft-

Hartley Act1947

Unionmembership peaks

1950s

Sherman Anti-Trust Act

1890

AFL founded1886

Knights ofLabor organized

1869

RailwayLabor Act

1926

NationalIndustrial

Recovery Act1933

Industrialrevolution

SHRM1948

Why People Join Unions

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Lack of fairness/consisten

cy

•Discipline process•Seniority system

Failure to recognize problems

•Willingness to listen to and address complaints

Perceived lack of control or input

•Avenues for employee feedback•Employee participation programs

Poor communication by management

• Transparency

Poor performance at supervisory level

• Training• Access to

strategic information

Perceived gross economic inequities

• Governance

Recent Union Trends

Contrasting strategies for AFL-CIO and Change to Win

Concern over health insurance, pension issues, and corporate bankruptcies

Adoption of aggressive organizing strategies

New forms of membership (associate members)

Recruiting of nontraditional members

Role of NLRB and general counsel

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National Labor Relations Act(Wagner Act)

• Key act that applies to all workers, not just union workers.

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Employees shall have the right to:• Self-organization.• Form, join, or assist labor organizations.• Bargain collectively through

representatives of their own choosing.• Engage in concerted activity for the

purpose of mutual aid and protection.• Refrain from such activities.

Section 7 rights

Employee Relations and EEO Laws

• EEO laws prohibit employment discrimination.

• Laws provide protection that some employees once looked to unions to provide.

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Common Law

• Based on court decisions rather than statutory law.

• Employment-at-will (EAW) is one of the most important common-law doctrines.– Employers have the right at any time, with or

without prior notice, to hire, fire, demote, or promote anyone they choose unless there is a law or contract to the contrary.

– Employees may quit at any time for any reason, with or without prior notice.

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Exceptions to EAW

• Allows employees to fulfill legal obligations or exercise their rights (jury duty, whistleblowing).

Public policy

• Recognizes agreement implied from circumstances (employee handbook).

Implied contract

• Requires honesty in transactions (cannot fire an employee shortly before he or she is eligible for a pension).

Implied covenantof good faith and

fair dealing

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Common-Law Tort Claims

Tort law protects a person’s:

Tort claims arise when these rights are affected.

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• Physical safety and well-being. • Enjoyment of their property.• Financial resources.• Reputation.

Negligent Hiring/Retention

The hiring of an employee who the employer knew (or should have known) posed a risk to others

The retention of an employee who engages in misconduct that poses a threat to others during and after working hours

Claims can be prevented by conducting background and reference checks on applicants.

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Defamation

• Statement may be spoken (slander) or written (libel).

• Statement must be shown to be:– False and malicious. – Harmful to employee’s reputation.– Made without a legitimate business reason.

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Injuring someone’s reputation by making a false and malicious statement

An employer is usually protected against charges of defamation in a reference- checking situation if the employer

A. shows remorse for harming the employee’s reputation.

B. provides honest and accurate references about former employees.

C. makes verbal comments but does not put them in writing.

D. tries to verify the accuracy of information.

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Fraudulent Misrepresentation

Intentional deception relied upon and resulting in injury to another person.

May include claims regarding significant terms of a job offer.

Can include silence, innuendoes, or gestures that are deceiving; need not be a positive statement.

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Other Common-Law Tort Claims

Employee’s duty of loyalty• Employee must not

degrade employer’s reputation, service, or products.

• Employee must not harm the employer’s business.

• Obligation ceases when employment relationship ends.

Invasion of privacy

• Unreasonable intrusion into seclusion of another.

• Appropriation of a name or likeness.

• Publication that generates unreasonable or false publicity.

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Common-Law Contract Issues

• Contract law provides remedies if the contract is breached.

• Contracts can be written or oral.

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Contract:Agreement between two or more persons to do or not do something in exchange for something of value.

Agreements Enforced by Law

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Express oral

contract

Unfair competitio

n and noncompet

e agreement

s

Inevitable disclosure

Employee’s duty of loyalty

and confidentiality

The Litigation Process

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Notification • Notify counsel promptly.• Implement litigation hold.• Warn against retaliatory actions.

Answering complaint • Be aware of time frame for response.• Ensure attorney work product privilege.

Scheduling conferences

• Ensure adequate preparation time.

Discovery process • Provide focused, relevant, objective testimony.• Conduct safe, legal, effective investigations.

Motion to dismiss • Attorney decision and action

Summary judgment • Work with attorney for organization’s best interest.

Pretrial and trial • Support evidentiary motions.• Provide relevant information to attorney.• Schedule witnesses.

Positive Characteristics of Union-Free Organizations

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Clear position re unionization

Fair, consistent treatment

Access to opportunities

Balanced promotion decisions

Communication and feedback

Problem-solving

procedures

CounselingComparable

compensation and benefits

Performance appraisal

Rewards and recognition

Management/ supervisor

training

Feedback and Communication in Union-Free Organizations

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Attitude (climate) surveys

HR/labor relations reviews

Skip-level interviews

Open-door meetings

Department meetings

Employee participation programs

Electronic communications

Compensation and Benefits in a Union-Free Environment

• Compensation and salary data.

• Market comparisons.• Salary grades. • How raises are awarded.• Cost of health care.

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HR ensures that employees are informed about:

Labor-Management Cooperative Strategies

Greater acceptance of partnerships

Willingness to share power

Open and candid sharing of information

Joint decision making on common issues

Win-win bargaining

Shared responsibility and accountability

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Employee Involvement (EI)

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Also known as participative management or empowerment

Links shared interests of the employee and the

organization for mutual benefit.

HR:

Communicates company goals.

Develops and maintains EI

programs.

Helps build trust in employees.

Gives employees the freedom and responsibility

to make job-related decisions.

EI Strategies:Job Design

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Employee efficiency

Specialization

Standardization

Division of labor

Employee satisfaction

Job enlargementJob rotation

Job enrichment

The degree to which an employee completes an assignment with a tangible outcome is an example of

A. skill variety.

B. task significance.

C. task identity.

D. autonomy.

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EI Strategies: Alternate Work Schedules

Tele-commuting

Tele-commuting

Phasedretirement

Phasedretirement

Jobsharing

Jobsharing

Regular part-time

Regular part-time

Compressedworkweeks

Compressedworkweeks

FlextimeFlextime

Schedules

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EI Strategies:Workplace Teams

Work teams

Work teams

Task forces

Task forces

Self-directedteams

Self-directedteams

Project teams

Project teams

CommitteesCommittees

TeamsTeams

Teams are accountable for specific objectives and performance goals.

Teams and job design combine to increase productivity and job satisfaction.

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Which one of the following actions would not be allowed under the NLRB’s “safe harbors” for EPPs?

A. A committee includes both managers and employees.

B. A committee forwards best employee suggestions to management.

C. A committee proposes changes to improve production quality.

D. A committee performs a management function.

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Employee Surveys

Attitude SurveysMeasure job satisfaction

Opinion SurveysMeasure data onspecific issues

Value of surveys is in measuring improvements over regular time periods.

Employees should be guaranteed anonymity and given feedback on results.

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Employee Focus Groups

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Small group participating in a structured discussion with a facilitator.

Provide qualitative data on specific issues.Can be used in

conjunction with or independent of a

survey.

Provide in-depth feedback on specific

issues.

Common Errors in Interpreting Data

Manipulatedresults

Manipulatedresults

“Analysisparalysis”

“Analysisparalysis”

Analysis errors

Analysis errors

Graphicalmisrepresentation

Graphicalmisrepresentation

“Rush to conclusions”

“Rush to conclusions”

Errors

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Policies, Procedures, and Work Rules

Policy Broad statement that reflects philosophy, objectives, or standards; general in nature.

Procedure Detailed, step-by-step descriptions; specify what, when, where, and who.

Work rule Reflects management decisions regarding specific actions to be taken or avoided in a given situation.

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Guidelines for Employee Handbooks

• Be aware of tone, style, and look.• Align handbook with

organization’s culture and values.• Keep it simple and current.• Distinguish between

organizational policies and job specifics.

• Accommodate multilingual requirements.

• Obtain written evidence of receipt.

• Be aware of legal obligations and implications.

For example, improperly drafted handbooks can create an employment-at-will exception.

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Behavior Issues

• Absenteeism: – Time lost when employees do not come to work as

scheduled

• Tardiness: – Time lost when employees report to work late

When taking disciplinary action for excessive absenteeism or tardiness, do not count absences protected by USERRA, FMLA, or state law.

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Due Process Tests for Discipline

Is the employee informed of rules and the consequences of not following them?

Is discipline administered consistently and predictably?

Is the decision to discipline based on facts?

Is the employee allowed to ask questions and offer a defense?

Does the employee have an avenue for appeal?

Is the discipline system structured progressively?

Are special circumstances considered?

Measures to Avoid Disciplinary Action

• Set clear expectations with detailed job descriptions.

• Establish written policies, procedures, and work rules.

• Establish a climate of communication.

• Maintain an open-door policy.

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Progressive Discipline

5.Discharge

5.Discharge

4. Finalwritten warning

4. Finalwritten warning

3. Second warning3. Second warning

2. Warning2. Warning

1. Problem solving and open dialog1. Problem solving and open dialog

Document all steps—even the oral steps.

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An employee is accused of a violation of a dischargeable work rule. The HR manager should

A. confront the employee and have an open dialog.

B. give an oral warning.

C. place the employee on administrative leave and conduct an investigation.

D. terminate on the spot.

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ADR Options

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Open-door policy Employees are encouraged to bring grievance to immediate supervisor/manager.

Ombudsperson Third party, inside or outside organization, investigates and mediates disputes. Usually not empowered to settle grievances, but will forward dispute to further ADR processes.

Single designated officer

Management designates individual to receive and investigate complaints and resolve disputes.

Chosen officer Employee chooses arbitrator from a group of individuals.

Peer review Panel of employees or employees/managers hears and resolves complaint. May recommend policy changes. Often limited to suspensions and discharges.

Mediation Mediator facilitates discussions with disputants to negotiate mutually acceptable solution.

Arbitration Arbitrator hears both sides and renders a decision. May be binding or nonbinding.

Sherman Anti-Trust and Clayton Acts

• Primarily directed at monopolistic employers.• Resulted in injunctions issued against union

activities.

Clayton Act, 1914• Clarified and supplemented the Sherman Anti-Trust

Act.• Minimally restricted injunctions against labor.• Legalized peaceful strikes, picketing, and boycotts.

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Sherman Anti-Trust Act, 1890

Railway Labor Act, 1926

• Passed to reduce labor conflict and the possibility of transportation strikes.– Gave railroad employees the “right to

organize and bargain collectively through representatives of their own choosing.”

• Covers both railroad and airline employees today.

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Norris-LaGuardia Act, 1932

Restricted federal judicial intervention in labor disputes.

Guaranteed the workers’ right to organize.

Eliminated arbitrary injunctions against peaceful organized labor activity.

Made yellow-dog contracts unenforceable.

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National Labor Relations Act(Wagner Act or NLRA)

Allows workers to organize themselves

and bargain collectively.

Prohibits employer unfair labor practices.

Exempts managers, supervisors,

agricultural workers, domestic employees, and family workers.

Established the NLRB, which can:• Conduct secret-

ballot elections.• Remedy ULPs.

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Labor-Management Relations Act, 1947(Taft-Hartley Act or LMRA)

Balanced union and management rights.

Guaranteed employers their right to free speech.

Outlawed sweetheart contracts.

Mandated that unions represent all employees in the bargaining unit.

Allowed unfair labor practice charges to be filed against unions.

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Labor-Management Relations Act(Taft-Hartley Act or LMRA)

Prohibited the deduction of union dues without written consent.

Outlawed the closed shop.

Permitted states to adopt right-to-work legislation.

Established provisions for national emergency strikes (80-day cooling-off period).

Established the Federal Mediation and Conciliation Service.

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Labor-Management Reporting and Disclosure Act, 1959 (Landrum-Griffin Act or LMRDA)

Provides a bill of rights for union

members.

Permits closed shop exception for construction

industry.Prohibits

discrimination against nonunion

members. Protects employees from

corrupt or discriminatory

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Which of the following restores the balance of power by making union unfair labor practices unlawful?

A. Norris-LaGuardia Act

B. National Industrial Recovery Act

C.National Labor Relations Act

D.Labor-Management Relations Act

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Road to Unionization

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Representation hearing

Election Election campaign

Petition for certification

Authorization cards/petition

Union-organizing campaign

Election granted

Election not

granted

Campaign abandoned

Alternative strategy pursued

Certification of results (no union elected)

Certification of representative (union elected)

Employers should activate rapid response teams as soon as early signs are detected:

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Signs of Organizing Campaigns

Changes in turnover

Unlikely job candidates

Changes in number of complaints or complainants

Change in tone of communication

New patterns of socializing among employees

Setting Union Strategy

• Union assesses feasibility, costs, and benefits of organizing.

• Union considers whether to use targeted campaign, corporate campaign.

• Tactics are weighed: inside organizing, salting, leafleting, meetings, home visits, telephone organizing, Internet campaigns, indirect pressure, picketing

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Salting

• Process of using paid union organizers to infiltrate an organization and organize its workers.

• An adverse employment action against a salt usually results in the filing of a ULP charge against the employer.

• Recent NLRB rulings state:– Applicant must be genuinely interested in employment to

be protected against hiring discrimination based on union activity (2007).

– Union must provide evidence to support payment of back pay (2007).

– Individuals have protected right to be salts (2010).

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Picketing

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Organizational

Picketing

Induces employe

es to accept

the union as their

representative.

Recognitional

Picketing

Obtains employer

’s recognition of the

union.

Informational

Picketing

Informs the public

that the employer

is nonunion

.

Bannering

Displays messages outside targeted employer

’s premises

.

Management Rights in a Campaign

Management has the right to:

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Take the initiative.

State an opinion.

Use line supervisors as resource.

Safeguard employee names and addresses.

Neutrality/Cooperation Agreement

Agreement between a union and an employer under which the employer agrees to remain neutral to a union’s attempt to organize its workforce.

Common provisions include:• Gag rule.• No secret-ballot election.• Union access to employer premises.• Union access to personal employee information.• Employee attendance at “captive audience”

speeches.

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Authorization for Representation Under the National Labor Relations Act

I, the undersigned employee, authorize the Union, through its agents and representatives, to act as my collective bargaining representative in all matters pertaining to wages, hours, and working conditions.

Name:

Home Address:(Number and Street) (City, State, and Zip Code)

Phone Number: Job Classification: Current Wage: Signature: Date:

Authorization Cards

• With more than a majority of employee signatures, the union may also demand voluntary certification by card check.

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• The NLRB requires at least 30% of eligible employees to sign authorization cards/ petitions before ordering an election.

• The union typically wants 50% of eligible employees to sign cards before the union petitions for an election.

Petition for Certification

Petition for certification generally leads to an election supervised by the NLRB.

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Consent election

• Employer and union waive the preelection hearing.

Directed election

• Ordered by the NLRB when parties cannot consent to an election and after a preelection hearing on unresolved issues.

Representation Hearing

NLRB determines if:

• The petition satisfies the requirements.• All petitioners are eligible to join a union.• The proposed bargaining unit is appropriate.

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NLRB sets:

• Time, date, and place of the election.

In determining the appropriateness of a bargaining unit, the NLRB would consider

A. if more than 50% of the employees signed authorization cards.

B. if employees are frequently transferred across plants or offices.

C. the percentage of temporary workers in the proposed unit.

D. the percentage of managers and supervisors in the workforce.

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Bars to the Election Process

• Contract bar• Statutory bar• Certification-year

bar

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2011 NLRB ruling:

Lamons Gasket overturned 2007 decision in Dana/Metaldyne, restoring the voluntary-recognition bar, which precludes a decertification election for 12 months after union recognition.

• Voluntary-recognition bar

• Blocking-charge bar• Prior-petition bar• Recognition bar

Voter Eligibility

• Eligible employees must be on the payroll:

– During the pay period prior to the direction of election.

– During the pay period preceding the election date.

• Striking employees who have been permanently replaced:

– May vote in any election conducted within 12 months after the strike’s commencement.

• Election time and place

– Employers must post NLRB notices.

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Election Campaign

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Employer

Until 24 hours before the election, management may present speeches to employees during work time (“captive audience”) but may not make promises or threats.

Union may visit employees in their homes or contact them by phone or through the Internet.

U n i o n

Election

• No campaigning is allowed in or around the polling place.

• Eligibility challenges must be made before the vote is accepted into the ballot box.

• NLRB determines validity of challenged ballots after the election if they have potential to affect the outcome.

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There are 1,000 eligible employees. Of those, 800 vote. What are the minimum votes needed by the union to win the election?

A. 400B. 401C. 501D. 667

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The NLRB may set aside election results if the employer is found to have committed an “egregious” ULP that has a “chilling effect” on employees’ rights to organize and is an attempt to “nip in the bud” an organizing effort.

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Overturning Election Outcomes

Certification

• If the union loses, the NLRB regional director certifies the election results.

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- Results are subject to NLRB review.- Union may opt to continue to pressure the

employer to agree to a voluntary card check.• If the union wins, the NLRB certifies it as the

exclusive representative of the bargaining unit.

Other Paths to Unionization

• Employer volunteers recognition based on proof of majority status.

• Union convinces employer to grant recognition.• Union convinces employer to witness its

majority status.• NLRB orders employer to bargain with the

union if serious ULPs have been committed.

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Union Decertification

• Terminates union representation.• Management may not guide or support the

effort.• At least 30% of the employees in the bargaining

unit must petition for a decertification election.• If the petition is valid, a secret-ballot election is

held.• A majority of the voting employees must approve

decertification. (A tie vote also removes the union.)

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If employees successfully vote to decertify a union on June 30 in a given year, when can a new election be held?

A. Within 30 days

B. Between 60 and 90 days

C. After January 1

D. After one year

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Union Deauthorization

• Removes the union’s authority to negotiate or enforce union security clauses.

• Occurs without management support or guidance.

• At least 30% of the employees in the bargaining unit must petition for deauthorization.

• After investigation, the NLRB orders an election.

• A majority of the employees eligible to vote must approve deauthorization. (Failure to vote is the same as a vote against deauthorization.)

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Criteria for Election Petition and Win

Election TypeNeeded for NLRB

PetitionNeeded for

Election Win

Certification 30% of eligible employees

Union needs at least 50% plus one of votes cast

Decertification 30% of bargaining unit employees

At least 50% of votes cast must be to decertify the union

Deauthorization 30% of bargaining unit employees

At least 50% plus one of eligible voters must vote to deauthorize

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Rights and Responsibilities

Employer Employee• Exercise freedom of

speech.• File ULP charge.• Protect property.• Discipline or

terminate for just cause.

• Sign authorization card.

• Form a union.• Engage in concerted

activities• Strike or picket.• Circulate petition for

redress of a grievance.• File ULP charge.

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Unfair Labor Practices

A violation of a right under labor relations statutes.

Can be initiated by an individual employee, a union, or management.

The NLRB adjudicates ULPs in the private sector; the FLRA or state agency processes cases in the public sector.

What

Who

How

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Agent-principal relationship: • Employers are responsible for managers and supervisors.• Unions are responsible for agents and officers.

Employer ULPs:Interference, Restraint, and Coercion

Creating an atmosphere of violence.

Threats of relocation or plant closings.

Interfering with Section 7 rights.

Statements that unionization necessarily leads to strikes and loss of jobs.

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The NLRA prohibits employers from:

Promises of improvements.

Surveillance or interrogation of employees.

Statements that employees will lose existing benefits.

Inciting antiunion activity.

Avoiding ULPs

TIPS

Threaten.

Interrogate.

Promise.

Spy.

To avoid ULPs, do not:

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Other Employer ULPs

• Domination and unlawful support of labor organizations

– Electromation, E. I. Dupont & Company, Crown Cork and Seal Company, Syracuse University

• Discrimination to discourage union membership• Retaliation against employees who file charges

or testify• Refusal to bargain in good faith

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Union ULPs:Restraints and Coercion

Activities that coerce employees to sign authorization cards or petitions.

Threats of physical violence.

Threats of economic reprisals.

Strikes or boycotts of neutral or third-party employers.

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The LMRA prohibits unions from engaging in:

Union ULPs:Duty of Fair Representation

• Union must act fairly on behalf of all members.

• Union may not ignore grievances that have merit or base decisions on discrimination or personal feelings.

• Union must represent nonmembers in bargaining and grievance issues in the same way it represents dues-paying members.

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Other Union ULPs

• Inducing unlawful discrimination by the employer

• Excessive or discriminatory membership fees

• Featherbedding

• Refusal to bargain

A union cannot force an employer to commit an act in violation of contract provisions.

Fees must be appropriately based on industry wages and practices.

The union cannot require more workers than necessary.

The union must bargain in good faith.

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Possible NLRB-Ordered Remedies

Possible NLRB-Ordered Remedies

· Employer is ordered to recognize the union and begin bargaining.· Employer is ordered to reverse a decision to move a work unit or is

ordered to allow union access at the new location.· Employer is ordered to reinstate employee(s) with back pay.· Employer is ordered to provide the union access to employees.· Employer is required to read employees’ Section 7 rights to a

gathering of all employees, admit the violation, and commit to respecting these rights in the future.

· Election must be held again.· Offending party is ordered to reverse an illegal policy or cease an

illegal activity, disband an unlawfully dominated labor organization, or take back bribes.

· Cease-and-desist order is issued against the offending party.· Employer is ordered to post in the workplace a notice of employees’

Section 7 rights.

Most Serious ULP

Less Serious ULP

Collective Bargaining Process

Management representation

Unionrepresentation

Legal and regulatory factors

Public and employee opinion

Economic conditions

Bargaining precedents

Bargaining subjects:

topics, issues, and goals

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Collective Bargaining Subjects

• Benefits for retired union members

• Settlement of ULPs

• Neutrality agreements

• Closed shops• Discriminatory

hiring

Mandatorysubjects (required by law and NLRB)

Permissive subjects(voluntary)

Illegalsubjects(unlawful by statute)

• Overtime• Seniority• Vacation/holidays

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Collective Bargaining Types

.

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Pattern• Union

negotiates agreements similar to those existing in the industry or region.

Coalition• Multiple

employers negotiate with one union.

Coordinated• Employer

bargains with several unions simultane-ously but on a separate basis.

Segmented• Specific

issues are negotiated by ad hoc committees and then voted on by entire group.

Contract Negotiations

• Win-lose negotiation– Positional– Distributive

• Win-win negotiation– Principled – Integrative– Interest-based

Good-faith bargaining requires that both parties enter into discussion with fair and open minds and a desire to reach an agreement.

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Violations of Good-Faith Bargaining

• Surface bargaining

• Lack of concession

• Refusal to advance proposals and demands

• Dilatory tactics• Imposing

conditions

• Bypassing the representative

• Commission of ULPs

• Not providing information

• Refusal to bargain

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Other Bargaining Conditions

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Unlawful circumvention

• Bargaining proposals not disclosed to the union may not be discussed with employees.

Notice requirements

• The other party desiring contract negotiation must notify the other party of its intention to bargain a new agreement.

Duty of successor employers or unions

• Selling a majority interest in a unionized company generally does not affect the company’s bargaining obligations.

Illegal

Non-RTW States

Closed Shop

Union membership is condition of hiring.

Union Shop

New employees must begin paying union dues within defined time period.

Open Shop

Union membership (payment of dues) is not required to continue employment beyond 30 days (seven days in construction industry).

Agency Shop

Employees must pay service fee to union.

RTW States

Closed Shop

Union membership is condition of hiring.

Union Shop

New employees must begin paying union dues within defined time period.

Open Shop

Union membership (payment of dues) is not required to continue employment beyond 30 days (seven days in construction industry).

Agency Shop

Employees cannot be required to pay fees to union.

Shop Provisions in RTW and Non-RTW States

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HR can provide data for contract costing,including:• Workplace demographics.• Current and historical data.• Effects of concessions on workforce planning.• Effects of contract on exempt or nonunionized

employees.

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Costing a Contract

Cost of laborCost per hour paid or worked = Number of hours paid or worked

Formal Grievance Procedure

4.Thirdparty

4.Thirdparty

3.Higher-level management

3.Higher-level management

2.Intermediate supervisor

2.Intermediate supervisor

1. Immediate supervisor

1. Immediate supervisor

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When handling a union grievance, you should

A. accept informal amendments to the contract if they are in the company’s interest.

B. avoid bias by not reviewing prior grievance records.

C. ask the union to identify the violated contract provisions.

D. rely on the union steward’s investigation of the grievance.

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The Weingarten Case

• Deals with the rights of union employees to have another person present during investigatory interviews.

• Person attending must be affiliated with the union, not an attorney or relative.

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An employer is conducting an investigatory interview with a union employee. According to the Weingarten rights, the

A. employer is obligated to provide representation if the employee cannot find anyone.

B. employee may request that a labor attorney be present.C. employer is not required to bargain with the union

representative.

D. employee may request that the interview be postponed for 48 hours.

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Lockouts and Strikes

Lockout

• Management shutdown of operations to prevent union employees from working

Strike • A refusal by employees

to work

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Protected Concerted Activities

• The right of a union to strike and to picket

• The right of other employees not to cross a picket line

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Protected Concerted Activities

Replacement of Strikers

Employer must reinstate striking workers.

Strike occurs asthe result ofULPs.

Employer is not required to displace permanent replacement workers except as future opportunities become available.

Strike is aneconomicstrike.

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HR must take care not to create a contractual commitment to replacement workers.

Secondary Boycotts

• When union attempts to influence an employer by exerting pressure on another employer.

• Employers may lose neutrality and be subject to union pressure in the following cases:– Ally doctrine– Single/joint employer or alter ego doctrines– Double breasting– Straight-line operations– Hot cargo clauses

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Which provision would allow a union to picket a chain of assisted-living facilities at all of their locations?

A. Ally doctrine

B. Common situs picketing

C. Single/joint employer doctrines

D. Straight-line operations

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Legality of Strikes, Picketing, and Secondary Boycotts

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Legal Conditional by Law Illegal

Conditional by

law/contract

• Primary picketing

• Consumer picketing

• Working to rule

• Organizational and recognition picketing

• Informational picketing

• Area standards picketing

• Common situs

• Wildcat• Jurisdictional• Secondary

boycotts• Sitdown

strikes• Slowdown

• Sympathy strike