Title: UNDERSTANDING UNIONS
1UNDERSTANDING UNIONS
- Union Organizing Campaigns
- and Collective Bargaining
2Chapter 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
3Chapter 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
4The 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
5The 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
6Strategic 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
7Unionization 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
8Collective 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
9Process 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
10Historical 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
11Structure 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
12Organizing 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
13Figure 18.1
Steps Involved in a Union Organizing Campaign
Source Lloyd L. Byars and Leslie W. Rue Human
Resource Management, 7/e
14Unfair 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
15Unfair 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
16What 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
17What 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
18Collective Bargaining Process
Adversarial Relationship
Cooperative Relationship
Source Susan Jackson Randall Schuler Managing
Human Resources
19Processes of Bargaining
- Distributive bargaining
- Integrative bargaining
- Concessionary bargaining
- Continuous bargaining
- Intra-organizational bargaining
Source Susan Jackson Randall Schuler Managing
Human Resources
20Distributive 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
21Negotiating the Agreement
Negotiating Committees
Preparation for bargaining
Negotiating Structure
Issues for negotiation
Source Susan Jackson Randall Schuler Managing
Human Resources
22Negotiating 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
23Preparation 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
24Preparation 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
25Issues 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
26Issues 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
27Issues 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
28Issues 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
29Collective 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
30Collective 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
31Factors 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
32Conflict Resolution Possibilities
- Strikes and lockouts
- Slowdowns
- Primary
- Boycotts
- Mediation
- Arbitration
Source Susan Jackson Randall Schuler Managing
Human Resources
33Strikes
- 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
34Conflict 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
35Conflict 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
36Contract Administration
- Grievance procedures
- Grievance issues
- Management procedures
- Union procedures
Source Susan Jackson Randall Schuler Managing
Human Resources
37Sources 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
38Steps 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
39Grievance 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
40Defensible 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
41Unfair 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
42Assessment 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
43Assessment 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
44Assessment 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
45Definitions 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
46Definitions 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?
Questions