Collective Bargaining

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Chpt.5.ppt

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Chapter 5

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Why Unions Are Formed

Work and Job Conditions Explanation

Alienation Theory—the influence of machinery

Loss of personal contact with labor and products produced

Loss of personal involvement in the work

Pace of work estranging workers from each other

Scarcity Consciousness Theory—jobs are difficult to obtain and retain

Employees believe unions protect jobs by:

Negotiating work rules and apprenticeship programs.

Bargaining seniority and layoff provisions.

Agreeing to grievance procedures.

Lobbying for legislation to protect worker rights and jobs.

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Why Unions Are Formed (cont’d)

Work and Job Conditions Explanation (cont’d)

Wheeler Model of Union Formation

First stage: individual worker’s readiness to take aggressive action to express anger at the employer that results from:

Fear of deprivation of current work benefits.

Frustration with not being heard as an individual.

Rational calculation that the benefits of unionization outweigh its costs.

Second stage: individual workers form a group and decide to take collective action.

Saliency: the workers’ belief that the union can facilitate resolution of their problems.

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Wheeler Model of Union Formation

First Stage:
Readiness to
take action

Fear of deprivation

Frustration of not being heard

Rational calculation

Second Stage:
Decision to take collective action

Decision not
to unionize

Fear of punishment

Lack of belief in unions

Withdrawal and/or revenge

Love
(Group cohesion)

Hope
(Belief in unions)

Saliency
(Resolution)

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Why Unions Are Formed (cont’d)

Employee Backgrounds and Needs

Previous experience as a union member generally results in a favorable attitude toward unions.

Union member parents’ attitudes and family experiences strongly influence positive union attitudes.

Unions help satisfy the interrelated social needs of members for identity, self-esteem, and affiliation.

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Exhibit 5.1 Influences on Employees on Whether to Vote For
or Against a Union

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The Union’s Challenge of Organizing
the Diverse Workforce

The Changed Workforce

Temporary (contingent) employees

Permanent part-time employees

Independent contractors

Leased workers

Minorities (racial and ethnic)

Higher-skilled workers

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Organizing Professional Employees

Arguments

Against the organization of professionals:

Unionization represents a rejection of professional values.

For the organization of professionals:

Unionization helps achieve and maintain professional values.

Issues in Collective Bargaining:

Professional standards

Participation in policy making

Regulation of professional work

Training and professional development

Commitment of organizational resources to professional goals

Criteria for personnel decisions regarding professionals

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Exhibit 5.2 AFL-CIO Organizing Institute Informational Flier

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Activities of the Union in Organizing Employees

Union Actions

Don’t initiate organizing; rather it responds to employees’ request for assistance in organizing.

Emphasize the benefits of collective bargaining and grievance procedures to relieve employee dissatisfaction and fears.

Roles of Union Organizers

Educator: union benefits/protections, labor traditions

Persuader: encourage voting for unionization

Supporter: support workers’ collective actions

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Exhibit 5.3 Union Strategy and Courses of Action to Achieve Employee Goals and Resolve Job-Related Concerns

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Exhibit 5.4 Components of ‘‘Rank-and-File Intensive Strategy’’
That Are Associated with Higher Union Win Rates

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Activities of the Company in Union Organizing

Advantages of the Company:

Has full access to its employees.

Can offer possibility of improvement without additional cost of unionization for employees.

Can benefit from employees’ fear of change.

Lengthy time between successful organization and issuance of the bargaining order.

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Activities of the Company in Union Organizing (cont’d)

Effective Campaign Tactics

Hiring labor lawyers and management consultants

Spreading rumors about potential job losses, plant or store closings

Asking for a “second chance”

Ineffective Campaign Tactics

Intentionally delaying the representation election

Shifting work and jobs to other facilities

Testing applicants to identify union sympathizers

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Activities of the Company in Union Organizing (cont’d)

Employer Effects on Elections

Influencing the composition of the bargaining unit

Setting the date for the election

Illegal Campaign Tactics (Unfair Labor Practices)

Making captive audience speeches after hours

Illegally discharging union supporters and activists

Threatening employees about the consequences of unionization

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Methods for Organizing Unions

Voluntary Recognition

The employer pledges to remain neutral and not to oppose or interfere with the organization campaign.

The employer agrees to a “card check” for union majority status, allowing the union to forego the NLRB representation election process.

Increasing the Success of Organizing Drives

Signing neutrality agreements

Providing lists of employees to the union

Agreeing to place time limits on the organizing campaigns

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Exhibit 5.5 Basic Union
Representation
Procedures

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Methods for Organizing Unions (cont’d)

NLRB Directive

NLRB directs the employer to recognize the union because the employer’s unfair labor practices tainted the organizing campaign and/or election processes.

Bases for Issuing Gissel Bargaining Orders

A fair, impartial election is not possible due to the employer’s ULPs.

Authorization card wording is clear and unambiguous.

Employees’ signatures were voluntarily obtained.

A majority of bargaining unit employees signed authorization cards.

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Exhibit 5.6 Example of a Union Authorization Card

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NLRB Secret Ballot Election Process

Pre-NLRB-Election Union Campaign Activities

Contacting employees

Determining interest

Setting up and organizing committee

Building interest by soliciting authorization cards

Costs versus Returns for Organizing

Extra compensation gained by bargaining

Additional dues and fees paid by new members

Enhanced political influence

Social benefits and satisfaction of membership

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NLRB Secret Ballot Election Process (cont’d)

Filing a Petition for Election

Employer refuses union’s recognition request.

Employer can petition for an election once the union seeks recognition.

Union files an election petition with the NLRB

Union holds signed authorization cards to show substantial employee support (at least 30%) for the union.

NLRB determines its jurisdiction and the union petition’s validity.

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NLRB Secret Ballot Election Process (cont’d)

Filing a Petition for Election (cont’d)

NLRB, employer, and union discuss appropriate bargaining unit composition, voter eligibility, ballot, and the date, time, and place for election.

Consent election: both sides agree on all election issues.

Contested election: the NLRB holds a hearing to resolve election issue differences between the two parties.

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NLRB Secret Ballot Election Process (cont’d)

Determining the Appropriate Bargaining Unit

Basis for NLRB decision is “community of interest”

Interest of the employees

Commonality of wages, working conditions, training, and skills

Prior history of collective bargaining

Transfers of employees among facilities

Geography and physical proximity of the workplaces

Employer’s administrative or territorial divisions

Degree of separation (distinctiveness) or integration (interrelatedness) of the employees’ work

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NLRB Secret Ballot Election Process (cont’d)

Determining the Appropriate Bargaining Unit

Restrictions on “community of interest”

Nonprofessional and professional employees must be in placed in separate bargaining units.

Craft units can elect to be placed in a separate bargaining unit (Globe election).

Plant guards must be in a separate bargaining unit.

Supervisors and members of management are excluded.

Agricultural workers, most public employees, and independent contractors (not covered by the LMRA) are excluded from the bargaining unit.

Confidential employees and family members of owners are excluded.

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NLRB Secret Ballot Election Process (cont’d)

Bargaining Units in the Health Industry

Registered nurses

Physicians

Other professional employees

Technical employees

Skilled maintenance employees

Business office clericals

Guards

Other nonprofessional employees

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NLRB Secret Ballot Election Process (cont’d)

Eligibility to Vote in the Election Requires:

Employment in a bargaining unit job

Employment during the eligibility period

Employment on the date of the election

If on strike, striking employee must be within 12 months of the beginning of an economic strike

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NLRB Secret Ballot Election Process (cont’d)

Untimely Petitions Are Void If:

A representation election was held within the previous 12 months.

Employees are already in a certified union and covered by a contract.

Contract Bar Doctrine

A valid multi-year contract protects the union by barring representation elections for up to three years.

Excelsior Rule

An employer must provide the NLRB regional director with the names and addresses of eligible voters within 7 days of a consent or directed election order.

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NLRB Secret Ballot Election Process (cont’d)

Factors Affecting Election Outcomes:

High (90%) voter turnout

Length of time before election occurs

Longer times worsen the union’s chances of winning.

Size of the election unit

The union wins more in smaller units.

The union supporting the organizing effort

Negative “big labor” image hurts union’s chance of winning.

Whether the supporting union is independent or affiliated with the AFL-CIO

Independents do better.

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Exhibit 5.7 Comparison of Pre-2015 and New Procedures

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Exhibit 5.7 Comparison of Pre-2015 and New Procedures (cont’d)

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NLRB Secret Ballot Election Process (cont’d)

The Election

Secret ballots with union or no union choice are used.

If two unions are on the ballot, there are three choices:

Union A, Union B, or Neither.

Election held at workplace during working hours on a payday.

Election outcome

Simple majority decision: those who vote decide for everyone in the bargaining unit.

Runoffs are held if necessary.

If a union wins, the NLRB certifies it as the exclusive bargaining agent.

Election conduct and votes can be challenged for 7 days.

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Exhibit 5.8 Examples of Secret Ballots for Union Representation Election

DO NOT SIGN THIS BALLOT. Fold and drop in ballot box.

If you spoil this ballot return it to the Board Agent for a new one.

DO NOT SIGN THIS BALLOT. Fold and drop in ballot box.

If you spoil this ballot return it to the Board Agent for a new one.

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NLRB Secret Ballot Election Process (cont’d)

After the Election

Newly elected unions fail to successfully secure an initial labor agreement 25 to 30 percent of the time.

Factors favoring securing a first contract:

Preexisting high wages in the firm

The presence of other bargaining units in the firm

Large election victories

Active participation by international union representatives

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NLRB Secret Ballot Election Process (cont’d)

Duties of the Exclusive Bargaining Agent

To represent equitably and fairly all members of the bargaining unit.

To bargain in good faith with the employer.

Duties of the Employer

To bargain in good faith with the elected union.

To refuse to bargain with any other union or employee.

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Mandatory Secret Ballot Elections Versus
Employee Free Choice Act

Employee Free Choice Act Provisions

Required NLRB to certify a union if a majority of employees signed union authorization cards.

Required, if collective bargaining fails, a first contract, subject to binding arbitration, to be in effect for a two-year period.

Increased penalties for employer unfair labor practices committed during the union organizing campaign or the negotiation of the first contract.

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Exhibit 5.9 Possible Activities for Unions after Losing a Representation Election

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Exhibit 5.10 Most Common Arguments Made by Proponents of Union Recognition via Card Check and Proponents of Mandatory Secret Ballot Elections

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Conduct of the Representation Election Campaigns and NLRB Policies

Totality of Conduct Doctrine

NLRB considers isolated incidents within the entire context of conduct during a campaign in determining unfair labor practices.

Campaigning parties cannot use forged documents.

Captive Audience—24 hour rule

Employers cannot make speeches to workers on company time within 24 hours of an election.

Employers may not threaten reprisal or promise benefits during a campaign speech.

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Conduct of Campaigns and NLRB Policies

Polling or Questioning Employees

Employers cannot ask employees about their union sentiments.

Distribution of Union Literature and Solicitation by Employees on Company Property

Literature distribution is permitted during nonworking times and in nonworking (non-customer) areas.

Company confidential material cannot be distributed.

Lechmere decision allows employers to ban non-employee organizers if there are other reasonable means of access to employees.

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Conduct of Campaigns and NLRB Policies (cont’d)

Showing Films during Election Campaigns

Films may be used during campaigns.

Use of E-Mail

An employer’s e-mail usage policy can ban all
non-business use of e-mail but not solely union-related e-mail.

The e-mail system was viewed as employer property that employees have no statutory right to use under Sec. 7, LMRA.

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Conduct of Campaigns and NLRB Policies (cont’d)

New Union Strategies

Using the Internet to distribute organizing information.

Salting: Employers hire organizers who then solicit for union membership as employees.

Organizing an employer’s suppliers to overcome the effects of outsourcing.

Creating videos explaining the union’s position.

Holding public rallies and marches to draw attention to union causes.

Funding more organizing efforts.

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Exhibit 5.11 Examples of Handbills Distributed During Representation Election Campaigns

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Decertification Procedure

Decertification

When a majority of the bargaining unit vote to remove the union’s certification as the unit’s exclusive representative.

The support of 30% of the unit is required to petition the NLRB for a decertification election.

Reasons for Decertification

Fair treatment of employees by employers

Poor job by unions of providing services to members

Inability to gain an initial labor contract

Hiring of replacement workers

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Exhibit 5.12 Examples of Objective Evidence* of Union’s Lack of Majority Status

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Decertification Campaigns

Unlawful Activities by Employers

Obtaining NLRB forms for employees interested in union decertification

Providing services to employees who are interested in launching a decertification campaign

Initiating discussions on how or whether to decertify the union

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Key Terms

Alienation theory
Scarcity consciousness theory
Union instrumentality
Consent election
Directed elections
Contract bar doctrine
Totality of conduct doctrine