HRM 4570 ILR Homework 2
Rain Ashbell
9HRM4570ILRCh6.1UnionOrganizingOnlineLecture2019-20audio2.pptxChapter 6 Part 1
Union Organizing
Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved.
McGraw-Hill/Irwin
Hi Class, Welcome to Industrial and Labor Relations. Today we are going to discuss Chapter 6 Union Organizing Part 1
In the U.S. labor relations system, if a group of employees wants their employer to bargain with them collectively rather than individually, they typically need to form a union and formally demonstrate that a majority of the employees support the union. This chapter discusses the behavioral, strategic, and legal aspects of this union organizing process.
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Discuss the basic procedural steps and legal standards for how new unions are formed in the United States
Explain why individuals vote for or against a union in a representation election
Understand the tactics used by employers to weaken individual support for unions and why these tactics are controversial
Learning Objectives
The learning objectives of chapter 6 are as follows
Discuss the basic procedural steps and legal standards for how new unions are formed in the United States
Explain why individuals vote for or against a union in a representation election
Understand the tactics used by employers to weaken individual support for unions and why these tactics are controversial
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Understand the traditional tactics used by unions to strengthen individual support for unions and the pressures for developing new strategies
Compare the pros and cons of the existing certification election process and options for reform
Learning Objectives
Understand the traditional tactics used by unions to strengthen individual support for unions and the pressures for developing new strategies
Compare the pros and cons of the existing certification election process and options for reform
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If a group’s request to change a policy is ignored, they can:
They can look for work elsewhere
They can endure the existing policy
They can be disruptive and cause the employer to reconsider
They can try to form a labor union
Introduction
When a group of workers are dissatisfied with certain workplace policies, they may request changes to the policy.
If a group’s request to change a policy is ignored, what can they do?
They can look for work elsewhere
They can endure the existing policy
They can be disruptive and cause the employer to reconsider
They can try to form a labor union
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Ways in which a union can be formed
Employees could initiate strike and ask for support
Union supporters could get workers to sign cards or a petition and present results to management
Employees could have a secret ballot election in which the union and employer abide by majority decision
Introduction
A union can be formed in numerous ways:
A few employees could initiate a strike and then round up support (as in the 1930s sit-down strikes)
Union supporters could get workers to sign cards or a petition and present the results to management along with a threat to strike if management ignores their request
The employees could have a secret ballot election in which the union and employer must abide by the decision of the majority
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Most U.S. unions are organized (formed) through secret ballot elections administered by the National Labor Relations Board (NLRB).
Representation elections: Employees elect representatives
The most significant type of representation election is a certification election—an election to determine whether a union will be certified as the bargaining agent of the employees.
Introduction
Since the passage of the National Labor Relations Act (NLRA) in 1935, U.S. public policy has favored the last option. Most U.S. unions are organized (formed) through secret ballot elections administered by the National Labor Relations Board (NLRB).
The first major U.S. labor relations process—the organizing process—is therefore principally shaped by the NLRA and the procedural and legal aspects of NLRB elections. These representation elections answer questions of whom the employees want to represent them.
The most significant type of representation election is a certification election—an election to determine whether a union will be certified as the bargaining agent of the employees.
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Initiating an organizing drive
Three possible initiators
One or more employees
A union
An employer
The Organizing Time Line
Initiating an Organizing Drive
The first step in union organizing drive is initiation. In theory, there are three possible initiators of an organizing drive:
One or more employee—Low pay, excessive overtime, harsh supervision, lack of respect and voice, or numerous other factors cause dissatisfied employees to talk with each other about forming a union to increase their collective strength; they might try to form a union on their own or, more frequently, contact a union organizer who works for an existing union in their area, industry, or occupation.
A union—unions initiate organizing campaigns by advertising, distributing information, and trying to contact employees to show the benefits of unionization.
An employer—employer-initiated organizing drive interferes with employee free choice and therefore is illegal.
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Employee-initiated organizing drive originates from:
Low pay
Excessive overtime
Harsh supervision
Lack of respect and voice
The Organizing Time Line
Employee-initiated organizing drive originates from:
Low pay
Excessive overtime
Harsh supervision
Lack of respect and voice
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Get together with your co-workers who may share a common interest in organizing a union.
Talk to a union organizer in order to strategize and to learn the next steps.
Talk to your co-workers to build support for the union.
Show that support through an election or a card-check once you have a strong majority.
https://aflcio.org/formaunion/4-steps-form-union
Four Steps to Get You Started AFL-CIO
When you and your co-workers come together to form a union, you get the right to negotiate with your employer over wages, benefits and working conditions.
No matter what the industry you are in, or the labor law that covers it, the process for forming a union is similar.
Get together with your co-workers who may share a common interest in organizing a union.
Talk to a union organizer in order to strategize and to learn the next steps.
Talk to your co-workers to build support for the union.
Show that support through an election or a card-check once you have a strong majority.
Once your union is official, you’ll choose your leaders and negotiate a contract. The process is democratic, and the more inclusive you can be, the stronger your union will be.
http://www.aflcio.org/Learn-About-Unions/How-to-Join-or-Form-a-Union/Four-Steps-to-Get-You-Started
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Unions initiate organizing campaigns
By advertising, distributing information, trying to contact employees to show benefits of unionization
Two types of union-initiated campaigns
Strategic campaigns - Organize a workplace and enhance representation of existing employees
Opportunistic campaigns - Increase a union’s membership by organizing dissatisfied workers
The Organizing Time Line
unions initiate organizing campaigns by advertising, distributing information, and trying to contact employees to show the benefits of unionization.
There are two types of union-initiated campaigns: strategic and opportunistic campaigns; strategic campaigns are those in which organizing a particular workplace enhancing a union’s ability to effectively represent existing employees;
opportunistic campaigns attempt to increase a union’s membership by organizing dissatisfied workers who are “ripe” for unionization but who do not have a strategic fit with the existing membership.
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True / False Questions
Let’s work on 3 practice questions. For each case, please indicate whether it is true or false.
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1. When the Teamsters Union, one of the largest unions representing truck drivers and other cargo handlers, aggressively tries to organize semi-drivers who are nonunion, their campaign would be best described as strategic, rather than opportunistic, in nature.
True / False Questions
Question 1.
When the Teamsters Union, one of the largest unions representing truck drivers and other cargo handlers, aggressively tries to organize semi-drivers who are nonunion, their campaign would be best described as strategic, rather than opportunistic, in nature.
Is it true or false?
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1. When the Teamsters Union, one of the largest unions representing truck drivers and other cargo handlers, aggressively tries to organize semi-drivers who are nonunion, their campaign would be best described as strategic, rather than opportunistic, in nature.
TRUE
True / False Questions
The answer is true. the Teamsters Union represents truck drivers and other cargo handlers. Organizing semi-drivers enhances the union’s ability to effectively represent existing employees
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2. If the U.S. Airline Pilots Association begins to organize a group of food service employees at the Chicago O’Hare airport that is very interested in unionizing, they are engaged in an opportunistic organizing drive.
True / False Questions
Question 2.
If the U.S. Airline Pilots Association begins to organize a group of food service employees at the Chicago O’Hare airport that is very interested in unionizing, they are engaged in an opportunistic organizing drive.
Is it true or false?
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2. If the U.S. Airline Pilots Association begins to organize a group of food service employees at the Chicago O’Hare airport that is very interested in unionizing, they are engaged in an opportunistic organizing drive.
TRUE
True / False Questions
The answer is true. The U.S. Airline Pilots Association mainly represent pilots. The airport food service employees do not have a strategic fit with the existing membership, pilots.
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3. The United Food and Commercial Workers International Union, which represents many grocery store employees across the country, decides to aggressively campaign to unionize Walmart employees. This organizing drive is best described as an opportunistic organizing drive.
True / False Questions
Question 3
The United Food and Commercial Workers International Union, which represents many grocery store employees across the country, decides to aggressively campaign to unionize Walmart employees. This organizing drive is best described as an opportunistic organizing drive.
Is it true or false?
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3. The United Food and Commercial Workers International Union, which represents many grocery store employees across the country, decides to aggressively campaign to unionize Walmart employees. This organizing drive is best described as an opportunistic organizing drive.
FALSE It is strategic organizing drive.
True / False Questions
The answer is false. It is strategic organizing drive. The United Food and Commercial Workers International Union mainly represents many grocery store employees. Walmart employees have a strategic fit with the existing membership
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The Union Organizing Process
Now let’s discuss the union organizing process. Please click on the video and watch the video on the Union Organizing Process
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Figure 6.1 - The Union Organizing Process
Figure 6.1 shows the union organizing process.
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Here is one example. Southern California Hospital at Hollywood formed their union with SEIU Local 121RN. The Registered Nurses of Southern California Hospital at Hollywood ratified their contract on December 28, 2018
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The National Labor Relations Board elections results are available online.
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As you can see, Southern California Hospital at Hollywood held an election on November 3rd, 2017. There were 91 eligible voters, 31 valid voters against unionization and 46 voters voted for the union. The union has won the election.
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Building and documenting support
This involves meeting of interested employees outside the workplace and distributing information
The method in U.S. labor relations for showing support is to sign an authorization card
Preprinted form containing a written authorization to represent one for the purposes of collective bargaining
The Organizing Time Line
Building and Documenting Support
Once an organizing drive has been initiated, the next step in the union organizing time line is building support which involves meeting interested employees outside the workplace and distributing information.
If an organizing drive is to continue, employees must concretely express support for having a union represent them.
The most important method in U.S. labor relations for showing this support is to sign an authorization card—a preprinted form which is filled and signed by the employee, describing that he/she authorizes a certain union to represent him/her for the purposes of collective bargaining.
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Collecting signed authorization cards is a crucial part of the union organizing process
The cards demonstrate the interest in unionization to three important players:
Union organizers
The employer
The NLRB
Authorization cards show the employer that a majority of employees want union representation.
The Organizing Time Line
Collecting signed authorization cards is a crucial part of the union organizing process
because the cards demonstrate the interest in unionization to three important players—union organizers, the employer, and if necessary, the NLRB.
Authorization cards show the employer that a majority of employees want union representation.
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Card check recognition: Recognition based on authorization cards
Gathering signed cards from more than 50 percent of employees, can recognize union as bargaining agent
A neutral party examines the cards and determines if truly more than 50 percent of the employees signed cards
The employer can recognize the union and is then obligated to bargain with the union
This is called voluntary recognition
The Organizing Time Line
Recognition based on authorization cards is called card check recognition or a majority sign-up procedure.
If a union gathers signed cards from more than 50 percent of the employees, it can ask the employer to recognize the union as the bargaining agent of the employees.
If the employers is agreeable, a neutral party can examine the cards and determine if truly more than 50 percent of the employees signed cards.
If so, the employer can recognize the union and is then obligated to bargain with the union. This is called voluntary recognition.
Unions are aggressively pushing for card check recognition procedures, both through legislative action (via the Employee Free Choice Act) that would require employers to accept card check recognition and through agreements with specific companies to voluntarily accept card check recognition.
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Alternative to voluntary recognition
Step up the pressure on the company to force it to change its stance
Employees can launch a recognition strike
Strike to compel employer to recognize their union
The NLRA does not ban recognition strikes but tries to make them obsolete
Most recognition questions today are settled through NLRB representation elections rather than through strikes.
The Organizing Time Line
Alternative to voluntary recognition is to
Step up the pressure on the company to force it to change its stance
Employees can launch a recognition strike.
A recognition strike is launched by employees to try to compel the employer to recognize their union.
A major goal of the NLRA is to replace recognition strikes with an orderly alternative. The NLRA does not ban recognition strikes but tries to make them obsolete.
The 1935 passage of the NLRA created a certification procedure in which employees can petition the NLRB for an election to determine if a union has the support of a majority of the employees; the NLRA does not ban recognition strikes per se but rather tries to make them obsolete by giving employees a safer alternative that does not involve lost wages and the risk of being replaced by new employees during a strike.
Most recognition questions today are settled through NLRB representation elections rather than through strikes.
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Union Organizing: Authorization Cards: What percentage of signed authorization cards are required under the NLRB to proceed with an election?
Let’s work on one practice question. Authorization Cards: What percentage of signed authorization cards are required under the NLRB to proceed with an election?
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During an organizing campaign, union representatives seek employee interest by having the employees sign authorization cards to indicate that the employees want union representation.
At least 30% of the eligible employees in a prospective bargaining unit must sign authorization cards before the NLRB will order an election.
A simple majority of 50% plus one person must vote in favor of union representation in order to win the election.
During an organizing campaign, union representatives seek employee interest by having the employees sign authorization cards to indicate that the employees want union representation.
At least 30% of the eligible employees in a prospective bargaining unit must sign authorization cards before the NLRB will order an election.
A simple majority of 50% plus one person must vote in favor of union representation in order to win the election.
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Types of elections
Certification election
used in a nonunion location to ascertain if a majority of employees want to become unionized
Decertification election
used to determine whether a majority of unionized employees no longer wish to be represented by their union
All representation elections have the same goal
To determine the wishes of the majority of employees
NLRB Representation Elections
The several types of NLRB representation elections correspond to different questions of representation, but all have the same goal: to determine the wishes of the majority of employees.
Following are two types of election:
Certification election—used in a nonunion location to ascertain if a majority of employees want to become unionized—that is, to designate a specific union as their bargaining agent; it is the most frequent type of election.
Decertification election—used to determine whether a majority of unionized employees no longer wish to be represented by their union; opposite of a certification election; most decertification elections result in a workplace going from union to nonunion.
All representation elections have the same goal
Which is To determine the wishes of the majority of employees
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Certification election: Used in a nonunion location to ascertain if a majority of employees want to become unionized
NLRB uses the election results to certify the union as the bargaining agent
Most certification elections have just one union on the ballot
NLRB Representation Elections
Certification election: Used in a nonunion location to ascertain if a majority of employees want to become unionized
NLRB uses the election results to certify the union as the bargaining agent
Most certification elections have just one union on the ballot
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Table 2 shows the NLRB representation elections and win rates by the 10 most active unions. SEIU, IAM, SPFPA and AFSCME have higher win rates.
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Table 3 shows the NLRB representation elections and win rates by industry. Union wins are higher in services, transportation, communications and utilities., construction and finance.
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Decertification election: Determines whether a majority of unionized employees no longer wish to be represented by their union
Raid election - A small number of decertification elections decertify the existing union and certify a new union
Most decertification elections result in a workplace going from union to nonunion
NLRB Representation Elections
Decertification election—used to determine whether a majority of unionized employees no longer wish to be represented by their union; opposite of a certification election; most decertification elections result in a workplace going from union to nonunion.
Raid election refers to A small number of decertification elections decertify the existing union and certify a new union
Most decertification elections result in a workplace going from union to nonunion
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Employees may file a petition for decertification (RD) if they believe support for a union has diminished, after collecting signatures from at least 30% of workers in a unit.
A majority of votes decides the outcome.
Decertification Petitions - RD
Employees may file a petition for decertification (RD) if they believe support for a union has diminished, after collecting signatures from at least 30% of workers in a unit.
A majority of votes decides the outcome.
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Getting the NLRB to conduct an election
A group of employees or a union must file a petition form with the NLRB
Petition must be supported by 30 percent of the employees for such an election
NLRB Representation Elections
Getting the NLRB to Conduct an Election
Following are the requirements for getting the NLRB to conduct an election:
A group of employees or a union must file a petition form with the NLRB requesting them to conduct the election.
This petition must be supported by a demonstration of sufficient interest among the employees for such an election. “Sufficient interest” is defined by the NLRB as 30 percent. The typical way to demonstrate sufficient interest is to provide signed authorization cards from at least 30 percent of the employees.
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NLRB deals with several other details before scheduling elections
Unless in an unusual circumstance, the NLRB will not allow more than 1 election in 12-month period
Elections will not be authorized within 12 months of any union certification
Under the contract bar doctrine, a decertification election cannot be held when there is a valid collective bargaining agreement
NLRB Representation Elections
The NLRB must deal with several other details before scheduling a representation election—
unless there are unusual circumstances, the NLRB will not allow more than one election in a 12-month period;
elections will not be authorized within 12 months of any union certification.
A decertification election cannot be held when there is a valid collective bargaining agreement in place (up to a limit of three years); this is called the contract bar doctrine.
The NLRB must handle the most contentious aspect of the petition—defining the occupations and geographical locations included in a certification election.
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Determining the appropriate bargaining unit
When a petition for a certification election is filed with the NLRB, a definition of the relevant jobs and locations is proposed by the party filing the petition.
If the employer objects to this definition, the NLRB must make a determination.
Appropriate bargaining unit: Group of occupations and locations relevant to the certification election
Individuals who are not defined as employees by the NLRA are excluded
NLRB Representation Elections
Determining the Appropriate Bargaining Unit
When a petition for a certification election is filed with the NLRB, a definition of the relevant jobs and locations is proposed by the party filing the petition.
If the employer objects to this definition, the NLRB must make a determination.
Section 9(b) of the NLRA states that the NLRB “shall decide in each case whether, in order to assure to employees the fullest freedom in exercising the rights guaranteed by this Act, the unit appropriate for the purposes of collective bargaining shall be the employer unit, craft unit, plant unit, or subdivision thereof.”
The group of occupations and locations relevant to the certification election is referred to as the appropriate bargaining unit; employees in these occupations can vote in the election and will be represented by the union if the union wins the election.
Individuals who are not defined as employees by the NLRA are excluded
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The appropriate unit is determined in the following ways:
Individuals who are not defined as employees by the NLRA, such as supervisors and managers, are excluded from NLRB-defined bargaining units
Jobs that share a community of interest are grouped together.
Ultimately determining the appropriate bargaining unit must be done case by case because the details can vary from one workplace to another.
NLRB Representation Elections
The appropriate unit is determined in the following ways:
Individuals who are not defined as employees by the NLRA, such as supervisors and managers, are excluded from NLRB-defined bargaining units; can be critical if enough employees are excluded.
Jobs that share a community of interest are grouped together.
Ultimately determining the appropriate bargaining unit must be done case by case because the details can vary from one workplace to another.
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The supervisor controversy
After much anticipation by unions and employers, the NLRB issued three key decisions in 2006 called the Kentucky River cases
It prompted the NLRB to rethink its approach to determining supervisory status
Increased supervisory exclusions from the NLRA show the continued erosion of employee rights to form labor unions
NLRB Representation Elections
The Supervisor Controversy
The exclusion of supervisors from NLRB-determined bargaining units, and more generally from the NLRA protections, has become particularly important as the skill requirements for many jobs have increased.
Unions fear that companies are intentionally giving employees just enough responsibility to make them legally seen as supervisors with the express intent of removing them from the NLRA protections and thus making it harder for employees to unionize.
Each time this issue is brought before the NLRB, it must determine who is and is not a supervisor by applying the statutory definition contained in the NLRA. Section 2(11) of NLRA defines “supervisor” as any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
The key legal difficulties are how to interpret these functions and how to weight them.
After much anticipation by unions and employers, the NLRB simultaneously issued three key decisions in 2006. These are called the Kentucky River cases after the name of the Supreme Court ruling that prompted the NLRB to rethink its approach to determining supervisory status. In these cases the NLRB crafted new definitions for assign, responsibly direct, and independent judgment; and in three specific settings it found that permanent charge nurses who frequently assign employees to specific patients are supervisors, rotating charge nurses who occasionally assign employees to patients are not supervisors, other charge nurses who are not accountable for the performance of other nurses are not supervisors, and lead employees in a manufacturing facility whose direction of other employees is largely routine are not supervisors.
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Collective Bargaining Agreement: What employee categories are excluded from the bargaining unit?
Now, let’s discuss this important question. What employee categories are excluded from the bargaining unit?
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Employees excluded from coverage under the National Labor Relations Act (NLRA) include supervisors, managers, confidential employees, and others. Under the NLRA,
A supervisor is defined as someone who uses independent judgment to make personnel decisions or to recommend personnel decisions.
Personnel decisions include hiring, promoting, transferring, rewarding, and terminating employees.
Exclusions
Employees excluded from coverage under the National Labor Relations Act (NLRA) include supervisors, managers, confidential employees, and others. Under the NLRA,
A supervisor is defined as someone who uses independent judgment to make personnel decisions or to recommend personnel decisions.
Personnel decisions include hiring, promoting, transferring, rewarding, and terminating employees.
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A managerial employee is defined as someone who makes, executes, and exercises independent judgment about management policies. Managerial employees normally do not manage people.
A confidential employee is defined as someone who assists and acts in a confidential capacity to the management personnel who make and implement labor relations policies, or as someone who has regular access to confidential information about future bargaining strategy or changes that the employer anticipates may result from collective bargaining.
Exclusions
A managerial employee is defined as someone who makes, executes, and exercises independent judgment about management policies. Managerial employees normally do not manage people.
A confidential employee is defined as someone who assists and acts in a confidential capacity to the management personnel who make and implement labor relations policies, or as someone who has regular access to confidential information about future bargaining strategy or changes that the employer anticipates may result from collective bargaining.
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Other employees who are excluded from the bargaining unit include
independent contractors,
agricultural workers,
domestic workers,
people employed by a parent or a spouse,
and public employees.
Exclusions
Other employees who are excluded from the bargaining unit include
independent contractors,
agricultural workers,
domestic workers,
people employed by a parent or a spouse,
and public employees.
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Scheduling the election
Elections are supervised and monitored by NLRB officials
They usually take place at the employees’ worksite
Each eligible worker can vote using a secret ballot
NLRB Representation Elections
Once all the details are ironed out—sufficient interest, timeliness, and unit definition—the NLRB will schedule an election
Elections are supervised and monitored by NLRB officials
and usually take place at the employees’ worksite. In special circumstances mail ballots are allowed.
Each eligible worker can vote using a secret ballot
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Half of all elections are held within 39 days of a petition being filed
Between filing petition and conducting election, campaigning by unions and employers takes place
Challenges to a unit definition can drastically lengthen the election timetable, and a few elections might not occur until a year or more after a petition is filed.
NLRB Representation Elections
Half of all elections are held within 39 days of a petition being filed
Between filing petition and conducting election, campaigning by unions and employers takes place
Challenges to a unit definition can drastically lengthen the election timetable, and a few elections might not occur until a year or more after a petition is filed.
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We have come to the end of our lecture today. If you have any questions, please feel free to email me.
See you next class!
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