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162 terms

V432 Test 1 Chpt 1-4

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American Federation of Labor
Federation of autonomous national craft unions founded by Samuel Gompers in 1886 (arose out of dissatisfaction w/ Knights of Labor). Restricted membership to skilled workers. Policies included, Business Unionism (focus on bread-and-butter issues, not social reform), promoting collective bargaining, & support for political parties sympathetic to labor's goals (8-hour day, Prohibition of child labor, Workers' compensation for injuries sustained on the job).
American Railway Union
Industrial union founded by Eugene Debs in 1893 that mobilized the Pullman Strike by refusing to handle Pullman cars and equipment; created by placing several of the seperate railroad brotherhoods into ONE organization regardless of craft or service (skilled/unskilled). ARU was the largest union of its time.
Civil Service Reform Act
Act that extended collective bargaining rights to federal employees in 1978
Clayton Act
Corrected the problems of the Sherman Antitrust Act; outlawed certain practices that restricted competition (weakened monopolies); unions on strike could no longer be considered violating the antitrust acts. 1914 Act; Congress attempted to limit use of court injunction (command). Largely ineffective in granting injunctive relief to unions
Coeur d'Alene Incident
Bunker Hill & Sullivan Mining Incident in Idaho. Western Federation of Miners (WFM) involved in a series of violent strikes in 1899 - demanded recognition of union Company, fired all WFM members, Federal troops arrested miners ("Bull Pen")
Company Unions
Employers providing for employee pension, health insurance, and other things that workers previously went to unions for. By doing this, companies eliminated the need for unions, and so unions faded into obscurity. This type of union does not meet the requirements of the NLRA and thus is not considered a true union
Congress of Industrial Unions (CIO)
Created in 1935 &originally called Committee for Industrial Organizations. Federation of industrial unions of unskilled workers led by president John L. Lewis. Promoted solidarity w/ African-American, female, & immigrant workers. Competed with AFL to organize workers but merged w/ AFL in 1955 in order to: End union raids on each other's memberships and deal with anti-union sentiment in the U.S.
Cordwainers
a shoemaker or leather worker
Conspiracy cases
English common law protected employers' property rights
If 2 or more people conspired to commit an illegal act, they were guilty of conspiracy whether or not they ever completed the particular illegal act. Commonwealth v. Hunt - 1842 Reversed criminal conspiracy interpretation for union activity (must prove an illegal purpose or reliance on illegal means)
Executive Order 10988
Order signed by President Kennedy in 1962 that recognized the rights of federal employees to join or refrain from joining labor organizations, granted recognition to those labor organizations, and detailed bargaining subjects (extended the right to organize and bargain collectively to all national government employees)
Hatch Act
A federal law in 1939 prohibiting government employees from active participation in partisan politics-passed after politicians used their control over the WPA program to influence elections. Prez Clinton amended this bill in 1993 and removed restrictions on federal worker's partisan political activity (fed employees still barred from running for office & from soliciting for other types of political contributions
Haymarket Square Riot
Chicago 1886; Demonstration in support of 8-hour day led to a series of confrontations with Chicago police. A dynamite bomb was thrown and killed dozens of people. The Knights of Labor were blamed for incident at Haymarket Square & contributed to their declining public support. Public became fearful of labor organizations
Homestead, Pennsylvania
Strike in 1892 that involved the Amalgamated Association of Iron and Steel Workers and the Carnegie Steel Company when Frick (local plant manager) announced his goal of breaking the union and locked the workers out when they refused the wage cuts proposed at the bargaining table. Armed confrontation between strikers and armed Pinkerton guards. Union broken at plant and other steel mills. Ended with the town being placed under martial law
Knights of Labor
Secret labor organization 1869 that sought to promote a national union embracing both skilled & unskilled workers in a single labor organization. President was Terrence Powderly. Went public after successful railroad strikes in 1881. Grew out of the collapse of the National Labor Union & was replaced by AFL after a number of strikes (failed after Haymarket Riot)
Labor Injunctions
A court order forbidding specific individuals or groups from performing certain acts that the court considers harmful to the rights and property of an employer or a community (ability of railroad workers to cripple nat railroads during the Pullman Strike scared the govt and employers)
Landrum-Griffin Act
1959 Act aKa Labor-Management Reporting and Disclosure Act (LMRDA) that limited certain union actions involving picketing and boycotts, Required unions to file financial reports, Unions required to have constitutions and bylaws, and established Bill of Rights of Members of Unions. U.S. Senate hearing on union corruption led Congress to establish
stricter controls on union operations. First federal law to limit union internal affairs
Molly Maguires
a society of irish miners who engaged in a violent confrontation with pennsylvania mining companies in the 19th century, A secret Irish organization of coal miners in regions of western Pennsylvania and West Virgina in the mid to late 1800's. The miners worked together to achieve better working conditions, and when demands weren't met, they protested by destroying mining equipment and other activities. They were eventually brought down by a Pinkerton detective, and some alleged members had trials and were hanged., Secret organization of Irish miners that campaigned, at times violently, against poor working conditions in the Pennsylvania mines
Lowell System
A system implemented in the all female textile factory in Lowell, MA. that recruited young women, mostly farmers' daughters to increase efficiency, productivity and profits in ways different from other methods..All lived together in boardinghouses, supervised by matrons, & were forbidden to form unions...ended in 1830s and 40s w/immigration of Irish workers
National Labor Union (NLU)
Created in 1866 established by William Sylvis - wanted 8hr work days, banking reform, and an end to conviction labor - attempt to unite all laborers skilled and unskilled. Spurred the formation of numerous national trade unions
National Colored Labor Union (NCLU)
Created in 1866 and refused membership by the NLU
Railway Strike
RR West Virginia in 1877 in response to wage cuts. Strikers blocked freight trains from moving & threatened to continue until pay cuts were reversed. The strikes spread throughout country & evolved into a first general labor strike to sweep the U.S. Initiated a wave of 117,000 strikes until 1890 when President Rutherford B. Hayes sent in federal troops to end the strikes (1st use of federal troops to suppress labor action). The strike led to increased regulation of the railroad industry and better organization of the labor movement.
Pullman Strike
Strike in 1894 Pullman Palace Car Company, Manufactured sleeping & parlor cars for railroads, Pullman cut wages by 25%, Workers went on strike, persuaded militant American Railway Union (led by Eugene V. Debs) to support them by refusing to handle Pullman cars & equipment (not supported by the AFL). President Grover Cleveland intervened & federal troops forced an end to the strike because it stopped railway traffic from Chicago to the Pacific. Also ended by court orders under the Sherman Act. workers loose, union leaders were jailed (Eugene). The strike led to passage of the 1898 Erdman Act giving railroad employees employment protection
Eugene Debs
Founder of American Railway Union, Led workers in the Pullman strike. Jailed for six months for disobeying a court order after the strike was over. Led the democratic socialist movement in America, adopted industrial unionism, Ran for president of the U.S. in 1920.
Women's Trade Union League
Created in 1903 first association dedicated to organizing women. Since working women received little assistance from the existing trade unions, such as the AFL, women organized along gender lines to improve working conditions. Samuel Gompers believed a woman's place was in the home. WTUL advocated 8-hour work day, minimum wage, abolition of child labor.
Industrial Workers of the World (IWW)
Created in 1905 aka Wobblies.Comprised of Western Federation of Miners, other activist political & labor groups.
They wanted to become one large industrial union . Also wanted to overthrow capitalism in favor of a cooperative society. Participated in a number of highly-publicized strikes
Ludlow Massacre
"Day that will live in infamy" in the history of labor...Colorado National Guard attacked group of striking coal miners & their families at Ludlow, Colorado in 1914
John L. Lewis
Leader of United Mine Workers. Believed that AFL did not represent the interests of unskilled workers. Viewed by some as "ruthless" and "autocratic"
Erdman Act
1889 Gave certain protections to union members. Estbalished system of arbitration to avoid rail strikes
Danbury Hatter's case
Ruled against union's right to stage a secondary boycott (against sherman anti-trust). Union boycott was a form of interference
Wagner Act
1935; established National Labor Relations Board; protected the rights of most workers in the private sector to organize labor unions, to engage in collective bargaining, and to take part in strikes and other forms of combined activity in support of their demands. Within 12 years, union membership tripled in the United States. Upheld by the Supreme Court in 1937. Did not guarantee rights to public employees (Spoils system/the practice of rewarding supporters with government jobs - caused turnover of government workers)
Norris-La Guardia Act
1932 Act; First attempt at comprehensive national labor policy. Limited federal courts' powers against union activities (to issue injunctions to restrict strikes, boycotts, peaceful picketting. Made yellow dog contracts unenforceable
Walsh-Healey Act
1936 Act; Required federal contractors to pay time and a half for overtime, over an eight-hour day.
Fair Labor Standards Act
1938 Act; rovided minimum wage for workers in interstate commerce, Established 40-hour work week, Abolished child labor under the age of 16, Amended to create special minimum wage for workers under the age of 20, Amended in 2004: changed "exempt" classification
Taft-Hartley Amendments
1947 Act Aka Labor Management Relations Act; Amended Wagner Act to equalize the balance between labor and management. Recognized worker's right not to organize defined union unfair labor practices, Restrictions on strike activities, & Right-to-work laws (Enacted in response to public's concern about imbalance in labor law that appeared to favor unions). Also created the Federal Mediation & Conciliation Service (FMCS)
Landrum-Griffin Act
Act that protects the rights of union members from corrupt or discriminatory labor unions; also known as Labor-Management Reporting and Disclosure Act (LMRDA). Congress to establish stricter controls on union operations
President Kennedy's Executive Order 10988
Established framework for labor-management relations in the federal government. The order gives federal employees the right to bargain collectively and join or refrain from joining unions. Right to strike denied. 1968 Memphis sanitation strike (get minimum wage) by African-American workers ignited first wave of public sector union actions
Civil Service Reform Act
1978 Act that created Federal Labor Relations Authority (which oversees labor practices in the fed gov), established Federal Service Impasse Panel (provides assistance in resolving stalemate in negotiations), authorizes inclusion of grievance procedure with final binding arbitration, & codifies presidential policies toward federal labor-management relations & improves opportunities for collective bargaining
Air traffic controllers (PATCO) strike
1981 President Ronald Reagan uses replacement workers to end the first declared national strike against the federal
government. The success of his action spurs a period of increased use of replacement workers in private and public sectors, reducing the number of strikes
President Reagan's Executive Order 12564
1986 The order initiates random drug testing of federal employees and contains "zero tolerance" of illegal use
Family and Medical Leave Act
1993; Law requires employers to give employees up to 12
weeks of unpaid leave for family reasons. The act was strongly supported by unions
Baseball players' strike
1994; The most unpopular strike in sports history cancels the
1994 World Series and costs the industry many fans because of a proposed a salary cap to their players
UPS strike
1997; The Teamsters Union strike idled over 180,000 workers, crippled delivery of packages worldwide, & focused national attention on the plight of part-time workers
West Coast dock strike
Over 10,500 longshoremen stage a costly strike ($1 billion a day) that closes 29 West Coast docks. President Bush invoked the Taft-Hartley Act to reopen the ports temporarily. A new six-year agreement ended the strike and provided higher wages and pension benefits, as well as the use of new technology on the docks that will replace jobs over time.
AFL-CIO split
2005 split During its 50th anniversary year, the AFL-CIO endures a major split as seven national unions, including the Teamsters, SEIU (the largest union in the AFL-CIO), & UNITE create a rival federation, the Change to Win coalition
Clayton Act (1914)
First national pro-union legislation. Apparently limited court's powers against unions Declared that labor was not a commodity. Declared that labor organizations were not illegal combinations or conspiracies in restraint of trade. Largely ineffective in granting injunctive relief to unions
National War Labor Board
Created during WWI to prevent labor disputes that might weaken the country's military effort. Substituted settlements based on mediation or conciliation. Self organization & collective bargaining became public policy. Disbanded after WWI
Railway Labor Act
1926 Act; Collective bargaining became public policy on nation's interstate railroads. Fostered peaceful settlement of labor disputes by means of mediation and arbitration. Declared constitutional by U.S. Supreme Court. Act was expanded to include airline industry in 1936. Also set up multi-stage mediation procedure that involves: "cooling off" period and appointment of Presidential boards to investigate disputes and push for settlements
Davis-Bacon
1931; Construction contractors required to pay common wages (i.e., union scale) on federal projects
Walsh-Healey Act
1936; Federal contractors required employers to pay time and one-half for more than 8 hours of work per day
Pendleton Act
183 Act that established a bipartisan(two political parties) 3-member Civil Service Commission which: determined fitness for promotion, forbade contributions to political campaigns, gave congress control of wages, hours, & working conditions of federal employees. Many states instituted civil service merit systems
Sovereignty Doctrine
Government must be able to exercise its power unregulated by any force other than the people, Collective bargaining incorrectly perceived as a threat to sovereignty doctrine. Doctrine had many weak points
Hatch Act
1939 Act which Limited political activities of public employees, Deterred labor unions from trying to organize federal employees. Amendments in 1993 removed restrictions on partisan activities of federal workers
Executive Order 12871 President William J. Clinton
1993 order that established the National Partnership Council to advise the President about labor-management issues. Intended to change the manner in which unions & managers reach decisions
The National Security Personnel System
The new National Security Personnel System (NSPS) oversees the DHS and DOD and affects about 760,000 of the 1.9 million (40 percent) federal government civilian employees
Why the Decline in Union Membership?
1. Decline is worldwide; 17 of 20 major nations, 2. gradual reduction of existing union members, 3. Reduced interest from non-union workers 4. Increased worker-friendly management policies & efforts to fight organizational efforts, 5. AFL-CIO focus on politics, not organizing, 6. Global competition, U.S. employers sending jobs overseas...Also Agricultural and Industrial revolution (new technology helped feed booming population, increased productivity, and many workers moved from farms to cities)
AFL-CIO
The American Federation of Labor was a federation of unions made up of skilled workers formed in 1886 by Gompers. The Congress of Industrial Organizations was a federation of unions made up of industrial workers formed in 1935 by John L Lewis. In 1955 the two organizations merged
Change To Win
A coalition of 7 nat unions repping over 4 million workers that split from the AFL-CIO in 2005 to form a rival labor organization. The reason for the split was a difference about the strategies needed to bring more members into organized labor...Andrew Stern...Its focus was to concentrate on a specific industry or sector (too much politics, not enough organization)
Robber barons
a negative term for business leaders that implied they built their fortunes by stealing from the public (Built railroads, produced steel, and mined minerals)
The Principles Scientific Management
Frederick Taylor and Henry Ford's book about Principles for work organization. It included: Fractionalization of work (Assembly Lines), "One best way" theory (clip board and stop watch), Dividing the workforce (skilled vs unskilled), Protecting the process from the worker
Globalization
increased molbility of goods. U.S. economic expansion since 1990 created a new order. UPS, FedEx improved international trade, Technology lowered costs of international communications: voice, data, financial investment. White-collar jobs followed blue-collar jobs overseas through outsourcing
Quality of Working Life (QWL)
Programs designed and implemented to increase employees' job satisfaction & productivity. Attempt to establish practical relationships outside traditional union-management means (Created direct channels of communication between workers and management Intended to reduce conflict and promote trust)
Employee Teams
An employee involvement technique whereby work functions are structured for groups rather than for individuals and team members are given discretion in matters traditionally considered management prerogatives. Intact employee teams are provided consultation and assistance from managers in how work is to be done. Group production greater than the sum of individuals' productivity
Quality Circles
Employee participation technique. Based on "people building" rather than "people using." 5 to 10 volunteers identify and analyze productivity problems, develop solutions. Management must grant final approval of proposed solutions. Unions in U.S. have adopted a neutral attitude toward QC concept (Recognize that greater efficiency may mean greater security, Aware that employees do not directly share the cost savings).
Problem-solving teams
5-12 volunteers who meet a few hrs a week to discuss ways of improving quality, efficiency, & work environment.
Self-managed teams
5-15 workers who learn all production tasks and rotate from job to job. Teams do managerial duties such as schedule work and order materials.
Special Project teams
10-15 ppl from different functional areas. may design & introduce work reforms or new technology or meet w/ suppliers, labor and management collaborate @ all levels.
Major reasons for using self-directed teams?
Improved quality, productivity, and service; Greater flexibility, Reduced operating costs, Faster response to technological change, Fewer job classifications, Ability to attract and retain good workers
Electromation
In response to the non union company changing personnel policies and not increasing wages in 1992, 5 action committees were created by the employer. Ruled to be employer-dominated labor organizations and therefore an unfair labor charge. Employers must deal cautiously with employee participation committees based on the NLRB's interpretation of what constitutes a company-dominated labor organization.
DuPont Case 1993
company ordered to dismantle committees. The NLRB ruled that Du Pont's seven labor-management committees in its Deepwater, New Jersey, plant were in effect labor organizations that were used to bypass negotiations with the plant's union, the Chemical Workers Association. This case concludes that employee teams that have the authority to make decisions and act without obtaining employer approval are not illegal organizations.
Teamwork for Employees and Managers Act
1996 Act--attempt made to amend the NLRA to allow for employe work teams...congress passed it in 1996 but it was vetoed by Clinton. If adopted, would have allowed employer and employees to participate on matters of mutual interest,
Crown Cork & Sea
Committees were not "dealing" with management
Why Unionize?
Union v. non-union workers receive : Higher wages (24%), retirement benefits (249%), insurance (130%), paid leave (52%), and supplemental pay (76%). Additionally: grievance protection, "just cause" discipline standards, seniority system
Why vote for union representation?
Dissatisfaction with job and employment conditions, Instrumentality of union in improving conditions, Promotion of social advances for all workers
What are the most important factors affecting the health of the American labor movement?
Collective bargaining rights, Leadership in labor movement
Union member solidarity, Action of NLRB
1963 Equal Pay Act
Why Workers Do not Need to Unionize; equal pay for women
1964 Civil Rights Act
Why Workers Do not Need to Unionize; prohibits discrimination in employment and compensation of employees based on race, color, religion, sex, or national origin.
1967 Age Discrimination in Employment Act
Why Workers Do not Need to Unionize; prohibits discrimination against workers over age 40
1990 Americans With Disabilities Act
Why Workers Do not Need to Unionize; prohibits discrimination against workers with certain impairments
1993 Family Medical Leave Act
Why Workers Do not Need to Unionize;requires employers provide up to 12 weeks of unpaid family leave to employees in cases of childbirth, adoption, or care of a family member
Coalition of Labor Union Women (CLUW)
Union established in 1974; Promotes participation of women in union movement. Women often had separate unions in post-Civil War period
Women's National Trade Union League
1903; Platform to promote rights of women included: Equal pay for equal work, Full citizenship for women, Organization of all workers into unions
Collective Bargaining
A continuous relationship between an employer & a designated labor organization representing a specific unit of employees for the purpose of negotiating written terms of employment
Bargaining Unit
A group of employees recognized by the NLRB to bargain collectively with its employer (group of employees for whom the union has exclusive representation)
National Labor Relations Board
Created by the National Labor Relations Act to mediate disputes between management and labor unions. Consists of 5 persons appointed by the President of the U.S.
Must receive confirmation from Senate Guiding principles, Encourage labor organizations and collective bargaining, Recognize majority representation, Provide prompt administrative machinery, Impose sanctions or punishments for violations of NLRA,
National Labor Relations Act (NLRA)
Act that protects the rights of employees to organize unhampered by management; also known as Wagner Act
Preemption
A legal theory in which federal law takes precedent over state law if they deal with the same subject and the federal law is determined to be all encompassing. If an activity is covered by Section 7 of the NLRA, state law is totally preempted (section 7 - provides for self-organization)
Appropriate unit
Employees having a substantial mutual interest in wages, hours, and working conditions. Idea is that the greater the similarities of working conditions, the greater likelihood the units members cab agree on priorities and thus make collective bargaining process successful
Terms of employment
those items generally negotiated between union and management, including wages, benefits, work rules, job classifications, work practices, seniority, promotions, and management and union rights
Labor dispute
any controversy concerning terms or conditions of employment or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment
Craft units
Composed exclusively of workers having a recognized skill
Distinct from others in the unit by virtue of the skilled, non-repetitive nature of its work. Serious apprenticeship programs, workers retain membership even as they move
between jobs performed for different employers, labor agreements typically apply to a region rather than an employer. Business agents (Full-time administrator, Contract administration, Hiring hall), Stewards (Eyes and ears of the business agent)
Departmental units
Composed of the members of one department in a larger organization; Separate units created after examining differences in skills, training, degree of common supervision, Local unions
with employees outside the department, and performance rating system
Federal Labor Relations Authority
Established by Title VII of the Civil Service Reform Act. to oversee labor-management relations in the federal government. The appropriate unit must promote effective dealings with agency. Community of interest test used to identify bargaining unit,
Accretion
The practice of allowing the addition of new employees and jobs to existing bargaining units, provided their work satisfies the same criteria of the original unit
Community of Interest Doctrine
doctrine that attempts to quantify, by means of descriptive criteria used by the BLRB to evaluate a group of employees and determine whether they constitute an appropriate bargaining group
Globe Doctrine
The policy set by the NLRB to help it determine the representation wishes of employees when establishing an appropriate bargaining unit. The board may use a secret ballot election process as a means of giving weight to the desires of a group of employees, such as a smaller craft group within a larger industrial group
Industrial unions
Organizes all workers at one workplace, regardless of job. Local unions typically affiliated with a national union. (Members often join because of union shop agreement). Administered by elected officials
Local unions vs. national unions
Local unions are the organizational component of national unions that handle day-to-day operations of collective bargaining agreement and Adopt own bylaws (May fill a social role in lives of members).National Unions
Duty to Furnish Information
An employer has a duty to provide info to the union, enabling it to carry on the negotiation process. This is supported by the NLRA an arises only AFTER a good faith request has been made.Information requested must be relevant, Delivery must be prompt & in workable form, Information must be supplied on all matters related to mandatory bargaining items. Generally wage info must be furnished. This includes wages paid to particular employees & groups of employees & to methods of computing compensation.
Surface Bargaining
The act by either party of simply going through the motions of negotiating without any real intention of arriving at an agreement. It is a violation of the duty to bargain in good faith
Good-faith Bargaining Obligation
Obligation placed on both employer and the union to negotiation with each other. Requires both sides to meet, discuss, & make written offers. Does not require either side to give up or agree but rather to show reasonable intent to set the terms of employment in a collective bargaining agreement.
Boulwarism
A prohibited "take-it-or-leave-it" bargaining technique
Totality of Conduct Doctrine
test applied to determine if the fulfillment of the good-faith bargaining obligation. If in total conduct, party has negotiated with an open mind in a sincere attempt to reach an agreement (isolated acts will not prove bad faith)
Indications of bad faith on part of the employer
Employer attempts to reach agreement with employees directly instead of with the union, Employer refuses to put agreement in writing, Employer refuses to make counter proposals
What are 2 types of discrimination cases (unfair labor practices by employers)?
1) Dual-motive case - employer explains action in terms of:
Legitimate business reason, reason prohibited by the NLRA. 2) Pretext case - reason for action explained differently. Employer claims legitimate business reason. Complainant asserts prohibited reason
Section 8 of the NLRA
Union organizers are prohibited from the threat or use of violence against unsupportive employees (if they do, NLRB overturn elections).
Concerted Activities
Any legitimate action taken by employees to further their common but not individual interests such as wages, hours, and working conditions (most common form is strike)
Primary strike
A strike called by a union for economic reasons to achieve its bargaining objectives.
Antiunion animus
When an employer's conduct is not motivated, or at least not entirely motivated, by legitimate and substantial business reasons but by a desire to penalize or reward employees for union activity or the lack of it
24 Hour Rule
prohibits employers and unions from making organizational campaign speeches on company time to large assemblies of employees within 24 hours of a schedules election. Does not prohibit voluntary assemblies on or off company time or the distribution of written material
DuPont 1992
an employer-sponsored employee participation program with unionized employees was found to have been an unfair labor practice. Created employee-management committees that dealt w/ safety & recreation @ one of its plants. Charged w/ unfair labor practice for creating 7 dominating a labor organization
Prohibited conduct
Campaign propaganda & misrepresentation, threats & loss of benefits, promise of grant of benefit, interrogation & polling of employees, NO surveillance, poll activity
Domination
actual control of a union. Does not extend to recreation communities, credit unions, social clubs, etc. Can even extend to support of the union. Examples: Providing company attorney, manager solicitation of union members, providing company facilities for meetings, favoring one of 2 competing unions
Remedy
If they employer in control or interference in a labor org is so extensive that it results in employer domination, the board disbands the union. To ensure removal, company must publicly announce that it will no longer support or bargain with the union. (temporary withdrawal of union recognition)
Good faith reasonable doubt
A rule by the NLRB that provides an employer who entertains a good-faith reasonable doubt that the employees support the current union may request an election, withdraw recognition & refuse to bargain with that union, or conduct an informal poll of employees
What are some of the types of communication identified by the NLRB that do not rise to the level of "dealing"
brainstorming in groups, information sharing committees, suggestion boxes, groups that serve a purely "clerical" or "ministerial" function, groups in which management served only as an observer without any right to vote on proposals.
TIPS
What managers cannot do. T (threaten--Job losses, closures, strikes, harassment), I (Interrogate--On position/voting), P (promise--Pay increases, promotions, favoritism), S (spy--Attending union meetings/activities).
FORE
What managers CAN do (to discourage unionization). F (facts--Representative control of unions, procedural issues/secret balloting, bargaining of wages & benefits, right to campaign against union), O (opinion--Management believes this isn't necessary"), R (rules--Laws, e.g. permanent replacement in case of strike), E (experience--Personal experience w/ unionized workplaces)
Salting
Labor union tactic involving the act of getting a job at a non-union company with the intent of organizing a union. The union may supplement their regular pay to provide equity w/ a "union" wage
Employer Interference with Employee Rights
Unfair of employer to interfere w/, restrain, or force employees who exercise their rights to unionize. NLRB uses reasonable probability test that eliminates the need to prove actual interference, restraint, or coercion. May have to prove intent if practice could be motivated by a legitimate and significant business justification
Republic Aviation
Supreme court opinion stating that rules prohibiting union solicitation by employees outside working time, even on the employer's property, were an unreasonable impediment to self organization
What are the 3 types of salting?
Differ in terms of amount and source of compensation for organizing activities (?)
Organizing at the workplace
Protected organizing activities under the NLRB include: solicitation & distribution (Oral solicitation allowed on location during non-work times. Distribution of union literature restricted to non-working times and areas), union buttons or insignias (unless they cause a disturbance, are a health hazard, a distraction, or are offensive to customers), bulletin boards & meeting halls, e-mail solicitation (Total ban on non-business use of e-mail just to prohibit union activity is a potential violation of the Act-especially where employees rely on e-mail as a significant avenue of communications), & employer rules that restrict certain types of communication are considered unfair labor practices (saying you cant discuss wages etc).
Duty of fair representation (DFR)
Exclusive representation rights impose duty on union to fairly represent all employees of the bargaining unit. Courts ruled that unions must consider all employees and make an effort to serve their interests in good faith and without hostility or arbitrary discrimination. (Vaca v. Sipes-Employee does not have an absolute right to have a grievance pursued)
Bowen v. U.S. Postal Service (1/2)
Damages divided between the union & the employer. Date of hypothetical arbitration decision used to dish out the damages
Vaca v. Sipes (1/2)
Employee does not have an absolute right to have a grievance pursued; Breach of DFR occurs only if the union's conduct toward the worker is arbitrary, discriminatory, or in bad faith
Right-to-work
Section 14(b) of the NLRA., Legislation that allows employees to work without having to join a union. States may enact laws prohibiting union or agency shops. Right-to-work laws exist in 21 states with: Low union membership, Little heavy industry, High level of agriculture
Union avoidance strategies
A labor relations strategy in which management tries to prevent its employees from joining a union either by removing the incentive to unionize or by using hardball tactics
Springs Industries &, Crown Bolt, Inc
(2000), NLRB ruled when an employer threatens to close a plant (if the union wins) the assumption is the threat will make the rounds of employees, thereby tainting an election, but in 2004, Crown Bolt, Inc. NLRB ruled that a threat to a single employee may not taint an election
Weingarten rule
Right to union representation in discipline interview
Organizing drive
A movement initiated by dissatisfied employees or a union organizer to submit a representation petition to the NLRB & win a representative election, thus providing union certification and collective bargaining
Union organizer
Full-time, salaried staff member who generally represents a national union. Tries to convince workers about benefits stemming from unionization
run off election
Election between 3 choices (union a, union b, no union). If none of the choices receives a majority of the votes cast, top 2 vote getters are placed before members of the bargaining unit again, & the one receiving the majority vote can be certified
certification
The determination by the NLRB that a union represents the employees free choice & therefore the union can become the official bargaining agent for a bargaining unit. variety of benefits to union (Exclusive representation rights, For 1 year, employer obligated to bargain: 2005 study found 90% of newly certified unions successfully negotiated first contract within first year. However, in previous decades, union rates were as low as 60%., For 1 year, no other union can challenge representation rights)
neutrality/ card-check recognition
The employer and union agree in advance (before union obtains cards signed by majority of the employees) that the parties will use card check by a neutral 3rd party as a means of determining majority support & that the employer will recognize the union voluntarily if the card check shows majority support for a union
secret ballot
A private, confidential vote by employees, overseen by the NLRB which allows employees to cast their vote for or against union representation without the pressure or coercion from unions or employers
Representation petition
an employees, a group of employees, or a union representing employees can file an RC petition seeking certification of an appropriate unit. petitions demonstrate sufficient employee interest or the actual type of representation case so that the board may decide if it has jurisdiction
showing of interest
Another union may enter an election with a showing of interest which represents 10% of those in the unit in question.
RC petition
filed on behalf of an employee(s) or union to determine support for representation in collective bargaining (certification)
checkoff
a contract provision requiring that the employer deduct union dues directly from union employee paychecks. The collected dues are the deposited in the union treasury
Gissel Case
NLRB may issue a bargaining order in response to employer's unfair labor practices. Traditional remedies deemed inadequate to eliminate effects of employer tactics.
Union authorization cards considered a more reliable indicator of employee feelings about union representation. No bargain can be issued if the majority is not demonstrated.
Representation Election procedures
Step 1: Representation Petition (filed on behalf of an employee(s) or union to determine support for representation in collective bargaining (certification), Step 2: Investigation, Step 3: Secret Ballot Election
Union Security Clause
provision in a negotiated labor-management agreement (in the CBA-collective bargaining agreement) that requires employees who benefit from a union to either officially join or at least pay dues to the union
Union Security
The provisions of the CBA's that directly protect and benefit the labor org (union), such as dues, checkoff and union shops. Union's ability to grow & to perform its exclusive collective bargaining role without interference from management, other unions, or other sources. Provision in CBA requiring employees to join union & pay union dues as a condition of continued employment
Exclusive Representation
When certified as the collective bargaining agent for a particular unit, the union has the legal right & legal duty to bargain for all the employees within the unit (non union members as well as union members); both a practice & principle of law. Gives real power to the union's bargaining positions, simplifies bargaining process, & facilitates consistent administration of the labor contract
Deauthorization Election (UD)
If a majority of the bargaining unit members decide they desire to revoke only the union shop provision in their agreement, a [UD] Election is held by the NLRB under the Taft-Hartley Act
union shop
A provision found in some CBA's requiring all employees of a business to join the union within 30 to 90 days of hire, employees required to join the union & remain members as a condition of employment
open shop
A company with a labor agreement under which union membership cannot be required as a condition of employment.
closed shop
A company with a labor agreement under which union membership can be a condition of employment. (ONLY HIRES UNION MEMBERS)
free riders
employees who are represented by a union and covered by a CBA without joining the union
Decertification Election [RD]
Bargaining unit votes to terminate existing union's representation rights. Rules similar to certification. If a majority vote against the union, it no longer represents the employees in the bargaining unit.
Agency shop
Although workers not required to join the union, they must pay the union a representation fee (a sum equal to membership dues to the union)
maintenance of membership
Members must maintain membership only for contract duration. Nonunion workers not required to join
union hiring hall
Employer required to hire workers referred by the union, provided the union can supply a sufficient # of applicants.
Union must refer both union and nonunion workers
cheap riders
employees who are represented by a union without joining the union. Required to pay a representation fee that is some fraction of regular union dues
Reasons that members may decertify a union
Employer recently treated employees better. Employer waged an aggressive anti-union campaign. Employer moves to traditionally nonunion geographic area. Majority of members believe the union is unresponsive, or workers lose confidence in union
Voluntary recognition
Way that an employer may recognize then union as a collective bargaining agent w/o an election. "card check" or strike. Rare event because Secret Ballot elections regarded as the "gold standard" of employees' "freedom of choice." May result from union pressure tactics
Preferential shop
requires the employer to give hiring preference to union members
Super seniority
union leaders top seniority for layoff purposes: assures continuity in union leadership
What do opponents of right-to-work laws believe?
Laws strengthen the hand of management. Requiring union membership is not more restrictive than other work rules. The union deserves support because both members & nonmembers benefit from representation. Per capita income is higher in states that do not have right-to-work laws
What do supporters of right-to-work laws believe?
Guarantee the right to employment regardless of union membership. Compulsory union membership means that union does not have to be responsive to its members. Encourage economic development bc employers are less likely to lose income due to strikes over union security issues.
2004 study determined union density is significantly lower in right-to-work states
Fair Representation
As exclusive representative of a bargaining unit, a union has the legal right to speak for all of the unit, and therefore it has a legal duty to represent all of the members of the unit fairly
The highest percentage of union membership is among who?
Government, education, and protective service employees. Transportation, communication, public utilities, construction, and manufacturing have the highest percentage in private industry