Some Effects of the Law on Unions and Management - PowerPoint PPT Presentation

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Some Effects of the Law on Unions and Management

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Accommodation. Cooperation. CONFLICT. Strong opposition. Active discrimination ... ACCOMMODATION. Accepts union as legitimate and seeks the best possible relationship ... – PowerPoint PPT presentation

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Title: Some Effects of the Law on Unions and Management


1
Some Effects of the Law on Unions and Management
  • The Consequence of the Law
  • For 130 years the government and the courts were
    strongly supportive of employers in their efforts
    to fight and prevent unions.

2
THE CONSEQUENCE OF THE LAW
  • However, despite anti-union activities of the
    courts and the government, strong unionization
    did develop and become accepted in a number of
    industries.

3
THE CONSEQUENCE OF THE LAW
  • The Wagner Act established a positive Public
    Policy environment for unions,
  • Taft-Hartley was enacted to counter some of the
    perceived over-correction of the Wagner Act.

4
THE CONSEQUENCE OF THE LAW
  • Much of the Actual Interpretation and
    Application of These Two Acts is Left to the NLRB
    and the Courts
  • Who do More to Determine the Impact of the Law
    Than the Words of the Legislation.

5
REGULATION OF CERTIFICATION CAMPAIGNS
  • 30 Interest - of employees in a
  • unit appropriate for collective
  • bargaining
  • The appropriate unit is determined
  • by the NLRB
  • The larger the unit the less likely
  • the union will prevail

6
NLRB ESTABLISHES THE RULES OF CONDUCT
  • Excelsior lists
  • Threats and promises
  • Forged documents
  • Cannot reproduce copies of the
  • official ballot

7
NLRB ESTABLISHES THE RULES OF CONDUCT
  • Racial, religious, and ethnic
  • slurs
  • 24 Hour Speech Rule
  • Captive audience speeches
  • Delays favor management

8
THE LAW and BARGAINING POWER
  • There is a Right to Strike
  • AND
  • Concurrently there is a Right to
  • Operate during a strike with
  • replacement workers

9
THE LAW and BARGAINING POWER
  • The Standard Power Relationship in Collective
    Bargaining
  • IS
  • The Effective Primary Strike

10
THE EFFECTIVE PRIMARY STRIKE
  • Complete shutdown
  • No work, no production
  • Cost high to both sides

11
THE PARTIAL STRIKE
  • The Use of replacement workers
  • Slowdowns
  • Off-Again-on-Again Strikes

12
LOCKOUTS
  • Management's strike
  • Limited legal use
  • Current environment favorable

13
SECONDARY BOYCOTTS
  • A Boycott normally refers only to the withholding
    of purchases or sales of commodities.

14
SECONDARY BOYCOTTS
  • A Secondary Boycott is conducted indirectly
    against the primary party through action against
    some other Third party.
  • They Are Illegal

15
SECONDARY BOYCOTTS
  • Informational picketing is allowed
  • NLRB files all Secondary Boycott
  • actions for employers

16
SECONDARY BOYCOTTS
  • Damage suits for unfair practices work in one
    direction only
  • Employers

17
PICKETING
  • Legalized by Norris-LaGuardia
  • Adjunct to other organizational or
  • bargaining tactics
  • Keeps out line-crossers
  • Essential to weak unions

18
PICKETING
  • Mass picketing is illegal
  • Stranger picketing
  • Informational picketing
  • Consumer boycotts
  • Common-Situs picketing

19
UNION and MANAGEMENT SECURITY
  • Fundamental Conditions of Union Security
  • That the union exist
  • and
  • That the union be accorded representation rights

20
FUNDAMENTAL CONDITIONS OF UNION SECURITY
  • The law has made raiding more difficult
  • and it
  • Requires employers to recognize unions and
    bargain with them in Good Faith

21
FUNDAMENTAL CONDITIONS OF UNION SECURITY
  • Contract Bar Up to Three Years
  • Membership and Dues

22
MEMBERSHIP and DUES
  • Closed - Union - Open Shops
  • Hiring Hall Arrangements
  • Maintenance of Membership
  • Agency Shop
  • Dues Check-Off
  • Union Shop Deauthorization
  • Decertification Elections

23
RIGHT-TO-WORK LAWS
  • Section 14 (b) of the Taft-Hartley Act permits
    individual states to outlaw all forms of
    compulsory union membership

24
RIGHT-TO-WORK LAWS
  • State law preempts federal law when It eliminates
    or tones down union security statutes
  • Federal law preempts state law when state law
    attempts to strengthen union security statutes

25
UNIONS ABILITY TO FUNCTION
  • Two major union responsibilities
  • Formulate and implement bargaining strategy
  • Uphold its side of the contract
  • Made difficult by legal restraints on internal
    discipline

26
MANAGEMENT SECURITY
  • Neither state nor federal law deal with
    management security
  • However
  • Management rights clauses are mandatory subjects
    of bargaining

27
ATTITUDES TOWARD BARGAINING
  • The general tone of a relationship
  • and the atmosphere in which it exists develop
    as a consequence of behaviors on both side of the
  • bargaining table.

28
ATTITUDES TOWARD BARGAINING
  • There are Four Types of Relationships
  • Conflict
  • Power
  • Accommodation
  • Cooperation

29
CONFLICT
  • Strong opposition
  • Active discrimination
  • Whatever-It-Takes to win
  • Characteristic of small to medium
  • firms

30
POWER
  • Unions are undesirable but open hostility ceases
  • Try to keep the union weak
  • Push bargaining power to the limits
  • Relationships tend to be caustic and
  • strident

31
ACCOMMODATION
  • Accepts union as legitimate and seeks the best
    possible relationship
  • Management works at maintaining good
  • Relationships with the union
  • Neither side challenges the security of the other
  • Management shuts down during strikes

32
COOPERATION
  • Brings the union and its members directly into
    the process of improving productivity and morale
  • The union ceases being an adversary and becomes a
    partner
  • Bargaining shift from issue based to interest
    based (Win-Win)

33
Does the Law Foster Mature Bargaining?
  • EMPLOYEE PARTICIPATION
  • EMPLOYEE INVOLVEMENT
  • TQMs
  • vs
  • LABOR LAW
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