Unions

1
Unions

• Chapter 22

2
HOW DO STATE AND FEDERAL GOVERNMENTS REGULATE
EMPLOYMENT?

• The U.S. Constitution gives the federal
  government certain powers and reserves other
  powers to the states and to the people themselves
• In certain areas both state and federal laws
  exist. They are usually in harmony, but if there
  is conflict the federal law prevails.

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HISTORY OF LABOR LAWS

• Yellow-dog contracts employment contracts in
  which the employee could be terminated for
  joining a union
• Ex parte injunction an injunction issued by a
  judge after hearing only one side of an argument

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WHAT IS THE NATIONAL LABOR RELATIONS BOARD?

• A federal administrative agency that administers
  the rights and duties given to workers, employer,
  and unions

5
HOW ARE UNIONS ESTABLISHED?

• Workers need to complete a series of steps.
• Determine which employees should be represented
  together.
• Bargaining unit within a unionized company, any
  group of employees whose employment contract is
  negotiated together
• The organizers must obtain employee signatures on
  forms asking the NLRB to conduct a representation
  election

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• certification when the NLRB acknowledges the
  union as the exclusive bargaining agent
• If a union does not obtain a majority, it may not
  call for another election for one year
• decertification election employees can reject
  union representation or select a different union
• Managerial employees are not permitted to vote or
  to be represented by a union

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HOW DOES UNION CERTIFICATION AFFECT EMPLOYEES?

• Whether or not they are union members, all
  workers in each bargaining unit are bound by the
  collective agreement reached between the union
  and the employer.
• Workers are not required to join a union unless
  the employer has agreed to have a union shop.

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• Union shop nonunion employees may be hired, but
  they must join the union within a stated maximum
  period, usually thirty days
• agency shop employees are not required to join
  the union, but if they do not, they must
  nevertheless pay union dues as a condition of
  employment
• open shop employees are not required to belong to
  a union or to pay dues
• closed shop the employer agrees that workers must
  belong to the recognized union before they can be
  hired
• has been outlawed by the Labor Management
  Relations Act
• right-to-work laws these laws prohibit compulsory
  union membership and ban the union shop, closed
  shop, and agency shop
• unions may function but only with open shops

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WHAT ARE UNFAIR LABOR PRACTICES BY MANAGEMENT?

• Unfair labor practices certain actions of
  employers that are prohibited
• unfair labor practice for management to interfere
  with employees efforts to form, join, or assist
  unions
• unfair labor practice for management to encourage
  or to discourage union membership
• blacklist placing their names on a list of
  pro-union persons and sending it to other
  employers with the purpose of making it difficult
  for the employees to find work
• unfair labor practice for management to dominate
  a union or to give it financial or other support
• unfair labor practice for management to refuse to
  bargain in good faith with the union

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WHAT ARE UNFAIR LABOR PRACTICES BY UNIONS?

• Unfair labor practices by unions
• unfair labor practice for unions to refuse to
  bargain collectively in good faith with the
  employer
• unfair labor practice for unions to attempt to
  force an employer to pay for featherbedding-
  payment for services not performed
• unfair labor practice for uncertified unions to
  picket to try to force the employer to bargain
  with that union
• picket patrol the employers property with signs

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• unfair labor practice for unions to engage in
  certain kinds of strikes and boycotts
• strike a work stoppage by a group to force an
  employer to give in to union demands
• lockout occurs when an employer temporarily
  closes down operations to induce the union to
  agree to the employers proposals
• unfair labor practice for unions to require
  payment of an excessive or discriminatory fee for
  initiation into the union
• unfair labor practice for unions to force or to
  attempt to force employees to support that union
  or to restrain employees from supporting
  competing unions
• an unfair labor practice for unions to cause or
  to attempt to cause an employer to discriminate
  against an employee because of union-related
  activities

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WHAT IS COLLECTIVE BARGAINING?

• Collective bargaining the process whereby the
  union and the employer negotiate a contract of
  employment that binds both sides
• deadlocked when the union and employer cannot
  agree on important issues
• mediation a mediator talks with both sides and
  attempts to achieve a compromise

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WHEN MAY A UNION STRIKE?

• economic strike one where the dispute is over
  wages, hours, or conditions of employment
• unfair labor practice strike one where the
  dispute is over unfair labor practices
• The president of the U.S. has the power to obtain
  an injunction in federal court forcing a cooling
  off period of eighty days when a national
  emergency strike is threatened.
• cooling-off period cessation of a labor dispute
  by federal court order for a period of eight days
  when a national emergency strike is threatened
• national emergency strike one that involves
  national defense or major industries, or would
  have substantial effect on the nations economy

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WHEN MAY A UNION BOYCOTT?

• boycott a refusal to buy or to use someones
  products or services
• primary boycott involves the employees refusals
  to buy their employers products or services
• secondary boycott boycott directed mainly against
  third parties who deal with the struck employer