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UNDERSTANDING UNIONS

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Train line managers in unionization rights of employees ... Work with line managers to deal effectively with union representatives ... – PowerPoint PPT presentation

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Title: UNDERSTANDING UNIONS


1
UNDERSTANDING UNIONS
  • Union Organizing Campaigns
  • and Collective Bargaining

2
Chapter 18 Overview
  • Union Membership Decision
  • Union Organizing Campaign
  • Good-Faith Bargaining
  • Participants in Negotiations
  • Collective Bargaining Agreements
  • Specific Issues in Collective Bargaining
    Agreements
  • Impasses in Collective Bargaining
  • Trends in Collective Bargaining

3
Chapter Outline
  • The Strategic Importance of Unionization and
    Collective Bargaining
  • The Historical Context and Unions Today
  • The Organizing Campaign
  • The Collective Bargaining Process
  • Negotiating the Agreement
  • Conflict Resolution
  • Contract Administration
  • Assessment of Collective Bargaining

4
The HR Triad Extended
  • Line Managers
  • Know and appreciate historical context and
    current contract
  • Understand why employees join unions
  • Support HR efforts for good working conditions
  • Manage with respect and equality
  • Know what can and cannot be said during an
    organizing campaign
  • Develop effective relationships with union
    representatives
  • Participate in resolving grievances
  • HR Professionals
  • Train line managers in unionization rights of
    employees
  • Develop policies and programs that support good
    working conditions
  • Survey employee attitudes
  • Work with line managers to deal effectively with
    union representatives
  • Develop mechanisms for effective grievance
    resolution
  • Move along issues such as TQM and QWL
  • Work with managers in the grievance process

Source Susan Jackson Randall Schuler Managing
Human Resources
5
The HR Triad Extended (Continued)
  • Employees
  • Present views about working conditions, wages,
    hours to HR and line managers
  • Bargain in good faith
  • Fulfill rights and responsibilities in union
    contract
  • Use mechanisms for grievances as appropriate
  • Be aware of issues management and labor leaders
    are discussing
  • Stay involved in grievance process as appropriate
  • Unions
  • Seek to represent employees views to company
  • Offer to work with management to improve company
    profitability and survival
  • Bargain with line managers and HR
  • Seek improvements in conditions and wages
  • Adapt to local conditions and changes in
    technology and the economy
  • Ensure grievances are processed fairly

Source Susan Jackson Randall Schuler Managing
Human Resources
6
Strategic Importance of Unionization
  • Unionization
  • Efforts by employees and outside agencies
    (unions) to act as a single unit when dealing
    with management over issues related to their work
  • Conditions for union formation
  • Dissatisfaction
  • Lack of power
  • Union instrumentality

Source Susan Jackson Randall Schuler Managing
Human Resources
7
Unionization and Collective Bargaining within an
Integrated HR System
  • HR Activities
  • Recruitment, Retention
  • Total Compensation
  • Training
  • Safety and Health
  • Collective
  • Bargaining
  • Process
  • Negotiating
  • Conflict Resolution
  • Contract Administration

Management Efforts
  • Attraction to Unionization
  • Decision to join
  • Decision Not to Join

Union Certification
Global Environment
Organizational Environment
Union Efforts
Source Susan Jackson Randall Schuler Managing
Human Resources
8
Collective Bargaining
  • Negotiation of the contract that is basis for
    employee-employer relationships
  • Contract administration, including interpretation
    and enforcement of the contract and resolution of
    conflicts

Source Susan Jackson Randall Schuler Managing
Human Resources
9
Process of Union Organizing
Individual personality, interests, and preferences
  • Expectations for work
  • Employment contract
  • Psychological contract

Influence of management
Work Situation
Satisfaction
Dissatisfaction with work situations
Attempt to resolve situation individually
Union Instrumentality
Unionization
Source Susan Jackson Randall Schuler Managing
Human Resources
10
Historical Context Unions Today
  • The Early Days
  • Craft unions
  • Successful strikes for wages
  • Susceptibility to Depressions
  • Today
  • Membership decline
  • Increasing diversification in membership

Source Susan Jackson Randall Schuler Managing
Human Resources
11
Structure of American Unions
AFL-CIO (American Federation of Labor and
Congress of Industrial Organizations)
National Unions
National Unions
Local Unions
Local Unions
Business Representative Full-time employee to
handle grievances and contract negotiation
Steward Employee elected by work unit to act as
union representative
Source Susan Jackson Randall Schuler Managing
Human Resources
12
Organizing Campaign
  • Union contact with employees
  • Union campaign for authorization cards
  • Request for election
  • Determination of bargaining unit by NLRB
  • Pre-election campaign
  • Elections
  • Certification of union / start of collective
    bargaining

Source Susan Jackson Randall Schuler Managing
Human Resources
13
Figure 18.1
Steps Involved in a Union Organizing Campaign

Source Lloyd L. Byars and Leslie W. Rue Human
Resource Management, 7/e
14
Unfair Labor Practices by Employers
  • Misrepresenting the facts about union or its
    officers
  • Threatening employees who support unionization
  • Promise benefits or rewards
  • for employees who
  • oppose union activity

Source Susan Jackson Randall Schuler Managing
Human Resources
15
Unfair Labor Practices by Employers (Continued)
  • Make unscheduled changes in wages, hours,
    benefits or working conditions
  • Conduct surveillance activities
  • Interrogate workers
  • Prohibit solicitation

Source Susan Jackson Randall Schuler Managing
Human Resources
16
What Employers Can Discusswith Employees
  • History and facts of unionization
  • Own experiences with unions
  • Costs of union membership and the benefits they
    receive without a union
  • That union representation wont protect against
    discharge for cause
  • That the company prefers to deal directly with
    employees

Source Susan Jackson Randall Schuler Managing
Human Resources
17
What Employers Can Discuss (Continued)
  • That the company is not obligated to sign
    contract or accept all unions demands
  • That unions often resort to work stoppages
  • The companys legal
  • right to hire
  • replacements

Source Susan Jackson Randall Schuler Managing
Human Resources
18
Collective Bargaining Process
Adversarial Relationship
Cooperative Relationship
Source Susan Jackson Randall Schuler Managing
Human Resources
19
Processes of Bargaining
  • Distributive bargaining
  • Integrative bargaining
  • Concessionary bargaining
  • Continuous bargaining
  • Intra-organizational bargaining

Source Susan Jackson Randall Schuler Managing
Human Resources
20
Distributive Bargaining Process
Union
Management
Initial Demand Point
Target Point
Resistance Point
Settlement Range
Resistance Point
Target Point
Initial Offer Point
Source Susan Jackson Randall Schuler Managing
Human Resources
21
Negotiating the Agreement
Negotiating Committees
Preparation for bargaining
Negotiating Structure
Issues for negotiation
Source Susan Jackson Randall Schuler Managing
Human Resources
22
Negotiating Structures
  • Multiemployer and Industry-wide Bargaining
  • A single union negotiates with several, similar
    companies
  • Pattern Settlements
  • Wide-area and Multi-craft Bargaining
  • Done on regional basis (less opportunity for
    whipsawing)

Source Susan Jackson Randall Schuler Managing
Human Resources
23
Preparation for Bargaining
  • Management Strategies
  • Prepare specific proposals for change in the
    contract language
  • Determine the general size of economic package
  • Prepare statistical displays and data
  • Prepare the bargaining book for use by
    negotiators

Source Susan Jackson Randall Schuler Managing
Human Resources
24
Preparation for Bargaining (Continued)
  • Union Strategies
  • Collect information on
  • Financial situation of the company and its
    ability to pay
  • Attitude of management on issues
  • Attitudes and desires of employees

Source Susan Jackson Randall Schuler Managing
Human Resources
25
Issues for Negotiation
  • Mandatory Issues
  • Wages
  • Hours
  • Other terms and conditions of employment
  • Permissive Issues (If parties agree)
  • Price
  • Product design
  • New jobs

Source Susan Jackson Randall Schuler Managing
Human Resources
26
Issues for Negotiation (Continued)
  • Prohibited Issues
  • Illegal or outlawed activities such as a demand
    that the employer use only union-produced goods

Source Susan Jackson Randall Schuler Managing
Human Resources
27
Issues for Negotiation (Continued)
  • Total Compensation
  • Employee Benefits and Services
  • Hours of Employment
  • Institutional Issues
  • Union security
  • Check-off
  • Strikes
  • Managerial Prerogatives

Source Susan Jackson Randall Schuler Managing
Human Resources
28
Issues for Negotiation (Continued)
  • Administrative Issues
  • Breaks and cleanup time
  • Job security
  • Seniority
  • Discharge/Discipline
  • Safety and Health
  • Production standards
  • Grievance procedures
  • Training
  • Duration of the agreement

Source Susan Jackson Randall Schuler Managing
Human Resources
29
Collective Bargaining Issues in the Federal Sector
  • Prohibited Issues
  • Negotiation of wage rates
  • Mission, budget, or organization of the agency
  • Number of employees
  • Internal security practices of the agency
  • Hiring, assigning, directing, laying off, and
    retaining employees in the agency suspending,
    removing, reducing grade or pay or taking other
    disciplinary action against employees
  • Assigning work, making determinations with
    respect to contracting work, and determining the
    personnel by which agency operations shall be
    conducted
  • Filling vacant positions from properly ranked and
    certified candidates
  • Taking whatever actions may be necessary to carry
    out the agency mission during emergencies

Source Lloyd L. Byars and Leslie W. Rue Human
Resource Management, 7/e
30
Collective Bargaining Issues in the Federal Sector
  • Permitted Issues
  • Numbers, types, and grades of employees or
    positions assigned to any organizational
    subdivision, work project, or tour of duty
  • Technology, means, and methods of performing work
  • Procedures used by the agency management to
    exercise its authority in carrying out duties
    that cannot be negotiated
  • Arrangements for employees adversely affected by
    the exercise of managements authority in
    carrying out duties that cannot be negotiated

Source Lloyd L. Byars and Leslie W. Rue Human
Resource Management, 7/e
31
Factors Affecting Bargaining
  • Mythical Fixed Pie
  • Trade-offs between issues of different value to
    each side often should be explored
  • Framing
  • Negotiators can reframe situation in terms of
    gains rather than
  • losses

Source Susan Jackson Randall Schuler Managing
Human Resources
32
Conflict Resolution Possibilities
  • Strikes and lockouts
  • Slowdowns
  • Primary
  • Boycotts
  • Mediation
  • Arbitration

Source Susan Jackson Randall Schuler Managing
Human Resources
33
Strikes
  • Usually follows voting by membership to strike
  • Union members commonly refuse to cross picket
    line of another striking union
  • Employers can try to continue operations and can
    legally hire replacements
  • Success depends on ability to cause economic
    hardship

Source Susan Jackson Randall Schuler Managing
Human Resources
34
Conflict Resolution
  • Mediators
  • A neutral third party who cannot impose a
    solution
  • Facilitates negotiations between union and
    management
  • May use attitudinal structuring
  • Must have trust of both parties
  • Federal Mediation and
  • Conciliation Service
  • provides mediators

Source Susan Jackson Randall Schuler Managing
Human Resources
35
Conflict Resolution (Continued)
  • Arbitration
  • Neutral third party whose determination is
    binding on the disputing parties
  • Final-offer arbitration
  • Arbitrators must chose between final offer of
    each party
  • Interest arbitration
  • Deals with contract terms and conditions
  • More common in public sector

Source Susan Jackson Randall Schuler Managing
Human Resources
36
Contract Administration
  • Grievance procedures
  • Grievance issues
  • Management procedures
  • Union procedures

Source Susan Jackson Randall Schuler Managing
Human Resources
37
Sources of Grievances
  • Outright violation of contract
  • Disagreement over
  • Facts
  • Meaning of agreement
  • Method of applying agreement
  • Fairness or reasonableness of actions

Source Susan Jackson Randall Schuler Managing
Human Resources
38
Steps in Grievance Procedure
Go to arbitration
Meet with union executivesand top management
Meet with management(Industrial Relations)
Meet with supervisorEmployee contacts steward
Source Susan Jackson Randall Schuler Managing
Human Resources
39
Grievance Issues
  • Discipline and discharge are most common issues
    reaching arbitration
  • Other issues
  • Calculation of seniority
  • Compensation for
  • Time away from work
  • Vacations, holidays
  • Sick leave
  • Wage and work schedules

Source Susan Jackson Randall Schuler Managing
Human Resources
40
Defensible Disciplinary Procedures
  • Employee adequately warned of consequences
  • Rule is related to company operation
  • Thorough investigation is undertaken
  • Penalty is reasonable
  • Just cause and fairness characterize decisions

Source Susan Jackson Randall Schuler Managing
Human Resources
41
Unfair Representation by Union
  • Improper motives
  • Union refuses to process grievance because of
    race, gender, or employees attitude toward union
  • Arbitrary conduct
  • Not investigating merit of grievance
  • Gross negligence
  • Reckless disregard of employees interests
  • Union conduct after filing grievance
  • Must process to reasonable conclusion

Source Susan Jackson Randall Schuler Managing
Human Resources
42
Assessment of Collective Bargaining
  • Effectiveness of negotiations
  • Duration of negotiations
  • Outcome of member ratification votes
  • Frequency and duration of strikes
  • Use of mediation and arbitration
  • Need for government intervention
  • Quality of union-management relations

Source Susan Jackson Randall Schuler Managing
Human Resources
43
Assessment of Collective Bargaining
  • Effectiveness of grievance procedures
  • Frequency of grievances
  • Level at which grievances settled
  • Frequency of strikes or slowdowns
  • Rates of
  • Absenteeism
  • Turnover
  • Sabotage
  • Necessity for government intervention

Source Susan Jackson Randall Schuler Managing
Human Resources
44
Assessment of Collective Bargaining
  • Effectiveness of arbitration
  • Acceptability of decisions
  • Satisfaction of parties
  • Degree of innovation
  • Absence of bias
  • Avoidance of strikes

Source Susan Jackson Randall Schuler Managing
Human Resources
45
Definitions of Typical Supplementary Pay Items
  • Item
    Definition
  • Shift differential pay Bonus paid for working
    less desirable hours of work
  • Reporting pay Pay given to employees who report
    for work as scheduled but find on arrival that no
    work is available
  • Call-in or call-back pay Pay earned when
    employees are called in or back to work at some
    time other than their regularly scheduled hours

Source Lloyd L. Byars and Leslie W. Rue Human
Resource Management, 7/e
46
Definitions of Typical Supplementary Pay Items
  • Item
    Definition
  • Temporary-transfer pay Pay given when employees
    are temporarily transferred to another job (if
    the transfer is to a lower-paying job, normally
    the employee continues to receive the old rate of
    pay if to a higher-paying job, the employee is
    usually paid the higher rate)
  • Hazardous-duty pay Pay given for performing jobs,
    from a safety or health point of view, are
    considered to be riskier than usual
  • Job-related expenses Covers travel expenses, work
    clothes, or tools required for the job

Source Lloyd L. Byars and Leslie W. Rue Human
Resource Management, 7/e
47
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