Toolkit

Happy999

Dessler_HRM12e_PPT_15.ppt

Home >Business & Finance homework help >Management homework help >Toolkit

PowerPoint Presentation by Charlie Cook The University of West Alabama

Chapter 15 Labor Relations and Collective Bargaining

Part Five | Employee Relations

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

WHERE WE ARE NOW…

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

The main purpose of this chapter is to help you deal effectively with unions and grievances. After briefly discussing the history of the American labor movement, we describe the basic labor law, including unfair labor practices. We explain labor negotiations, including the union actions you can expect during the union campaign and election. And we explain what you can expect during the actual bargaining sessions, and how to handle grievances.

15–*

Give a brief history of the American labor movement.
Discuss the main features of at least three major pieces of labor legislation.
Present examples of what to expect during the union drive and election.
Describe five ways to lose an NLRB election.
Illustrate with examples bargaining that is not in good faith.
Develop a grievance procedure.

LEARNING OUTCOMES

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

The Labor Movement

1790 Skilled craftsmen organize into trade unions.

1869 The Knights of Labor seek social and political reform.

1886 American Federation of Labor pursues bread-and-butter issues and improved working conditions.

1935 National Labor Relations Act fosters organizing
and the rapid growth of labor unions.

1947 Taft-Hartley Act regulates union activities.

1955 AFL and CIO merge.

1970s Union membership peaks and begins to steadily decline.

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

To understand what unions want, it is useful to understand “where they’ve been.” The history of the U.S. union movement has been one of alternate expansion and contraction that mirrors economic, social, and political changes.

15–*

Why Do Workers Organize?

Solidarity

To get their fair share

Improved wages, hours, working conditions, and benefits

To protect themselves from management whims

Conditions Favoring Employee Organization

Low morale

Fear of job loss

Arbitrary management actions

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

There is no simple answer to this question, partly because each worker probably joins for his or her own reasons.

15–*

What Do Unions Want?

Increased workplace security for the union

Improved wages, hours, working conditions, job security, and benefits

Union Bargaining Aims

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

We can generalize by saying that unions have two sets of aims, one for union security and one for improved wages, hours, working conditions, and benefits for their members.

15–*

Union Security

Closed
shop

Open
shop

Union
shop

Types of Union Security

Agency
shop

Membership maintenance

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

Five types of union security are possible.

15–*

Union Security (cont’d)

Right to Work Laws

Section 14(b) of the Taft-Hartley Act

Permits states to ban the requirement of union membership as a condition of employment and to forbid the negotiation of compulsory union membership provisions.

Twenty-three “right to work” states ban all forms
of union security which greatly inhibits union formation in those states.

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

Not all states give unions the right to require union membership as a condition of employment. Right to work is a term used to describe “state statutory or constitutional provisions banning the requirement of union membership as a condition of employment.”

Right-to-work laws don’t outlaw unions. They do outlaw (within those states) any form of union security which inhibits union formation in those states.

15–*

The AFL-CIO

The American Federation of Labor and Congress of Industrial Organizations (AFL-CIO)

A voluntary federation of about 56 national and international labor unions in the United States

Structure of the AFL-CIO

Local unions

National unions

National federation

Change to Win Coalition

Six large unions that split from the AFL-CIO

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

The separate AFL and CIO merged in 1955. There are three layers in the structure of the AFL-CIO (and most other U.S. unions). Union federation membership is in flux.

Several years ago, six big unions—the Service Employees’ International Union (SEIU), the International Brotherhood of Teamsters, the United Food and Commercial Workers, the United Farm Workers, the Laborers International Union, and UNITE HERE left the AFL-CIO and established their own federation, called the Change to Win Coalition.

UNITE HERE has since rejoined the AFL-CIO.

15–*

Unions and the Law:
Period of Strong Encouragement

The Norris-LaGuardia Act of 1932

Guaranteed to each employee the right to bargain collectively “free from interference, restraint, or coercion”

Declared yellow dog contracts unenforceable

Limited the courts’ abilities to issue injunctions
(stop orders) for organizing activities

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

The Norris-LaGuardia Act of 1932 set the stage for a new era in which union activity was encouraged. Yet this act did little to restrain employers from fighting labor organizations by whatever means they could find.

15–*

Unions and the Law:
Period of Strong Encouragement (cont’d)

National Labor Relations or Wagner Act of 1935

Banned certain unfair labor practices of employers

Provided for secret-ballot elections and majority rule for determining whether a firm’s employees would unionize

Created the National Labor Relations Board (NLRB) to enforce the act’s provisions

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

in 1935, Congress passed the National Labor Relations (or Wagner) Act to add teeth to the Norris-LaGuardia Act.

15–*

Unfair Employer Labor Practices

To “interface with, restrain, or coerce employees”
in exercising their right of self-organization
To dominate or interfere with either the formation
or the administration of labor unions
To discriminate against employees for legal union activities
To discharge or discriminate against employees who file unfair practice charges against the company
To refuse to bargain collectively with their employees’ representatives

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

The Wagner Act deemed as “statutory wrongs” (but not crimes) five unfair labor practices used by employers.

15–*

FIGURE 15–1
NLRB Form 501:
Filing an Unfair
Labor Practice

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

Unions file an unfair labor practice charge (shown in Figure 15-1) with the National Labor Relations Board. The board then investigates the charge and decides if it should take action. Possible actions include dismissal of the complaint, a request for an injunction against the employer, or an order that the employer cease and desist.

15–*

Unions and the Law:
Encouragement and Regulation

Taft-Hartley (Labor Management Relations) Act of 1947

Prohibited unfair union labor practices

Enumerated the rights of employees as union members

Enumerated the rights of employers

Allowed the United States President to seek an injunction to temporarily bar a national emergency strike for 60 days

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

Passage of the Taft-Hartley (or Labor Management Relations) Act of 1947 reflected the public’s less enthusiastic attitude toward unions and labor strife.

15–*

Unfair Union Labor Practices

To restrain or coerce employees from exercising
their guaranteed bargaining rights.
To cause an employer to discriminate against employees in order to encourage or discourage
their membership in a union.
To refuse to bargain in good faith with the employer about wages, hours, and other employment conditions. Certain strikes and boycotts are also unfair practices.
To engage in “featherbedding” (requiring an employer to pay an employee for services not performed).

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

The Taft-Hartley Act enumerated several labor practices that unions were prohibited from engaging in. The Taft-Hartley Act protected the rights of employees against their unions in other ways.

Many people felt that compulsory unionism violated the basic right of freedom of association. Legitimized by Taft-Hartley, new right-to-work laws quickly sprung up in 19 (now 23) states (mainly in the South and Southwest).

15–*

Taft-Hartley and Employers’ Rights

Employer Rights

To express views concerning union organization

To set forth the union’s record

Employer Restraints

Must avoid threats, promises, coercion, and direct interference with workers’ organizing decision

Cannot meet with employees on company time within 24 hours of an election

Cannot suggest employees vote against the union (in private, while they are out of their work area)

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

The Taft-Hartley Act also explicitly gave employers certain rights and imposed certain restraints on their actions toward employees seeking to unionize.

15–*

Unions and the Law:
Detailed Regulation of Union Internal Affairs

Landrum-Griffin Act (the Labor Management Reporting and Disclosure Act) of 1959

Contains a bill of rights for union members

Nomination of candidates for union office

Protects a member’s right to sue his or her union

Ensures no member can be fined or suspended
without due process

Laid out rules regarding union elections

Regulated union election cycles and who can
serve as union officers

Expanded list of corrupt union and employer practices

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

In the 1950s, Senate investigations revealed unsavory practices on the part of some unions, and the result was the Landrum-Griffin Act (officially, the Labor Management Reporting and Disclosure Act) of 1959. The aim of this act was to protect union members from possible wrongdoing on the part of their unions.

15–*

The Union Drive and Election

Step 1. Initial Contact

The union determines employees’ interest in organizing, and sets up an organizing committee.

Labor relations consultants

Union salting

Step 2. Obtaining Authorization Cards

30% of eligible employees in an appropriate bargaining unit must sign cards authorizing
the union to petition the NLRB for an election.

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

During the initial contact stage, the union determines the employees’ interest in organizing, and establishes an organizing committee.

For the union to petition the NLRB for the right to hold an election, it must show that a sizable number of employees may be interested in organizing. The next step is thus for union organizers to try to get the employees to sign authorization cards.

Both management and unions typically use “labor relations consultants,” and these are increasingly influencing the unionization process. Unions engage in “union salting” in placing of union members on nonunion job sites for the purpose of organizing.

15–*

The Organizing Drive

Obtaining Authorization Cards

Let the union seek a representation election.

Designate the union as a bargaining representative in all employment matters.

State that the employee has applied
for membership in the union and will
be subject to union rules and bylaws.

Can be collected and distributed by unions through the Internet.

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

These cards authorize the union to seek a representation election and state that the employee has applied to join the union.

Thirty percent of the eligible employees in an appropriate bargaining unit must sign before the union can petition the NLRB for an election.

15–*

The Organizing Drive (cont’d)

Employer Responses to Organizing

Can attack the union on ethical and moral grounds and cite the cost of union membership

Cannot make promises of benefits

Cannot make unilateral changes in terms and conditions of employment that were not planned
to be implemented prior to the onset of union organizing activity

Can inform employees of their right to revoke
their authorization cards

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

Management can take several steps with respect to the authorization cards themselves.

15–*

The Organizing Drive (cont’d)

Union Activities During Organizing

Unions can picket the firm, subject to three constraints:

It must file a petition for an election within 30 days after the start of picketing.

The firm cannot already be lawfully recognizing another union.

There cannot have been a valid NLRB election during the past 12 months.

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

During the organizing stage, unions can picket the company, subject to three constraints.

15–*

The Union Drive and Election (cont’d)

Step 3. Hold a Hearing

Consent election

Employer chooses not to contest union recognition at all.

Stipulated election

The employer chooses not to contest:

The union’s right to an election

Scope of the bargaining unit

Which employees are eligible to vote in the election

Contesting the union’s right to an election

An employer can insist on an NLRB hearing to determine if employees wish to elect a union to represent them.

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

Once the union collects the authorization cards, one of three things listed on the slide can occur.

15–*

FIGURE 15–2
NLRB Form 852: Notice of Representation
Hearing

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

Figure 15-2 depicts NLRB Form 852 which the examiner sends to both management and the union to notify them of the time and place of the representation hearing.

15–*

NLRB Hearing Officer’s Duties

Determining if the record indicates there is enough evidence to hold an election

Did 30% of the employees in an appropriate bargaining unit sign the authorization cards?

Deciding what the bargaining unit will be

The bargaining unit is the group of employees that the union will be authorized to represent and bargain for collectively.

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

The hearing officer must address several issues. If your firm disagrees with the examiner’s bargaining unit decision, it can challenge the decision and request a separate NLRB ruling.

15–*

The Union Drive and Election (cont’d)

Step 4. The Campaign

Both sides present their platforms.

Step 5. The Election

Held within 30 to 60 days after the NLRB issues
its Decision and Direction of Election.

The election is by secret ballot; the NLRB provides and counts the ballots.

The union becomes the employees’ representative
by getting a majority of the votes cast in the election.

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

During the campaign that precedes the election, union and employer appeal to employees for their votes. The union will emphasize that it will prevent unfairness, set up grievance and seniority systems, and improve wages. Management will stress that improvements like those don’t require unions and that wages are equal to or better than they would be with a union.

The election occurs within 30 to 60 days after the NLRB issues its Decision and Direction of Election. The election is by secret ballot; the NLRB provides the ballots (Figure 15-3), voting booth, and ballot box, and counts the votes and certifies the results.

15–*

FIGURE 15–3 Sample NLRB Ballot

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

Figure 15-3 is a sample NLRB Ballot.

15–*

How to Lose a NLRB Election

Reason 1. Asleep at the Switch
Reason 2. Appointing a Committee
Reason 3. Concentrating on Money and Benefits
Reason 4. Industry Blind Spots
Reason 5. Delegating Too Much to Divisions

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

Over the years, unions typically won about 55% of elections held each year. According to expert Matthew Goodfellow, there is no sure way employers can win elections. However, there are five ways to lose one.

15–*

The Union Drive and Election (cont’d)

The Supervisor’s Role

Unfair labor practices by supervisors:

Could cause the NLRB to hold a new election after the company has won a previous election.

Could cause the company to forfeit the second election and go directly to contract negotiation.

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

Supervisors are an employer’s first line of defense when it comes to the unionizing effort. They are often in the best position to sense evolving employee attitude problems, for instance, and to discover the first signs of union activity. Unfortunately, there’s another side to that coin: They can also inadvertently take actions that hurt their employer’s union-related efforts.

15–*

FIGURE 15–4 Union Avoidance: What Not to Do

Watch what you say. Angry feelings of the moment may get you in trouble.
Never threaten workers with what you will do or what will happen if a union comes in. Do not say, for example, that
the business will close or move, that wages will go down or overtime will be eliminated, that there will be layoffs, etc.
Don’t tell union sympathizers that they will suffer in any way for their support. Don’t terminate or discipline workers
for engaging in union activities.
Don’t interrogate workers about union sympathizers or organizers.
Don’t ask workers to remove union screensavers or campaign buttons if you allow these things for other organizations.
Don’t treat pro-union or anti-union workers any differently.
Don’t transfer workers on the basis of union affiliation or sympathies.
Don’t ask workers how they are going to vote or how others may vote.
Don’t ask employees about union meetings or any matters related to unions. You can listen, but don’t ask for details.
Don’t promise workers benefits, promotions, or anything else if they vote against the union.
Avoid becoming involved—in any way—in the details of the union’s election or campaign, and don’t participate
in any petition movement against the union.
Don’t give financial aid or any support to any unions.

Any one of these practices may result in a finding of “unfair labor practices,” which may in turn result in recognition of a union without an election, as well as fines for your firm.

Human resources professionals must be very careful to do the following during union activities at their firms:

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

Figure 15-4 summarizes things supervisors should keep in mind during the union organizing drive.

15–*

Rules Regarding Literature and Solicitation

Nonemployees can be barred from soliciting employees during their work time.
Employees can be stopped from soliciting other employees if one or both employees are on paid-duty time and not on a break.
Employers can bar nonemployees from the building’s interiors and work areas as a right of private property owners.
On- or off-duty employees can be denied access to interior or exterior areas for reasons of production, safety, or discipline.

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

The employer can legally take steps to restrict union-organizing activities on its premises.

15–*

The Collective Bargaining Process

What Is Collective Bargaining?

Both management and labor are required by law to negotiate wages, hours, and terms and conditions of employment “in good faith.”

What Is Good Faith Bargaining?

Both parties communicate and negotiate.

They match proposals with counterproposals
in a reasonable effort to arrive at an agreement.

Neither party can compel the other to agree to
a proposal or to make any specific concessions.

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

When and if the union becomes your employees’ representative, a day is set for management and labor to meet and negotiate a labor agreement. This agreement will contain specific provisions covering wages, hours, and working conditions.

Both management and labor are required by law to negotiate wages, hours, and terms and conditions of employment “in good faith.”

15–*

Violations of Good Faith Bargaining

Surface bargaining

Inadequate concessions

Inadequate proposals and demands

Dilatory tactics

Imposing conditions

Making unilateral changes in conditions

Bypassing the representative

Committing unfair labor practices during negotiations

Withholding information

Ignoring bargaining items

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

Managers and unions must be careful to avoid bargaining practices that can result in violations of good faith bargaining.

15–*

Preparing for Negotiations

Sources of Negotiating Information

Local and industry pay and benefits comparisons

Distribution of demographics of the workforce

Benefit costs, overall earnings levels, and the amount and
cost of overtime

Cost of the current labor contract and the increased cost—total, per employee, and per hour—of the union’s demands

Grievances and feedback from supervisors

Attitude surveys of employees

Informal conferences with local union leaders

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

Preparing for bargaining begins with becoming familiar with the factors affecting the important items over which bargaining will occur.

15–*

Classes of Bargaining Items

Mandatory
items

Illegal
items

Bargaining Item Categories

Voluntary
items

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

In practice, saying one must bargain over “wages, hours, and working conditions” is too broad. Labor law sets out categories of specific items that are subject (or not) to bargaining: These are mandatory, voluntary, and illegal items.

15–*

TABLE 15–1 Bargaining Items

Mandatory	Permissible	Illegal
Rates of pay Wages Hours of employment Overtime pay Shift differentials Holidays Vacations Severance pay Pensions Insurance benefits Profit-sharing plans Christmas bonuses Company housing, meals, and discounts Employee security Job performance Union security Management–union relationship Drug testing of employees	Indemnity bonds Management rights as to union affairs Pension benefits of retired employees Scope of the bargaining unit Including supervisors in the contract Additional parties to the contract such as the international union Use of union label Settlement of unfair labor charges Prices in cafeteria Continuance of past contract Membership of bargaining team Employment of strike breaker	Closed shop Separation of employees based on race Discriminatory treatment

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

Table 15-1 presents the three categories of bargaining items.

15–*

Bargaining Stages

Presentation of initial demands

Both parties are usually quite far apart on some issues.

Reduction of demands

Each side trades off some of its demands to gain others.

Subcommittee studies

The parties form joint subcommittees to try to work out reasonable alternatives.

An informal settlement

Each group goes back to its sponsor.

Union members vote to ratify the agreement.

Signing the formal agreement

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

Bargaining typically goes through several stages.

15–*

Bargaining Hints

Be sure to set clear objectives for every bargaining item, and be sure you understand the reason for each.

Do not hurry.

When in doubt, caucus with your associates.

Be well prepared with data supporting your position.

Strive to keep some flexibility in your position.

Don’t concern yourself just with what the other party says and does; find out why.

Respect importance of face saving for the other party.

Be alert to the real intentions of the other party—not only for goals, but also for priorities.

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

Bargaining Hints (cont’d)

Be a good listener.

Build a reputation for being fair but firm.

Learn to control your emotions and use them
as a tool.

As you make each bargaining move, be sure you know its relationship to all other moves.

Measure each move against your objectives.

Remember that collective bargaining is a compromise process. There is no such thing as having all the pie.

Try to understand the people and their personalities.

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

When Bargaining Stops

An Impasse

Usually occurs because one party is demanding more than the other will offer.

Sometimes an impasse can be resolved through a third party—a disinterested person such as a mediator or arbitrator.

If the impasse is not resolved:

The union may call a work stoppage, or strike, to put pressure on management.

Management may lock out employees.

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

In collective bargaining, an impasse occurs when the parties are not able to move further toward settlement.

15–*

Resolution of an Impasse

Mediation

Arbitration

Third Party Involvement

Fact finding

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

Negotiators use three types of third-party interventions to overcome an impasse: mediation, fact finding, and arbitration.

15–*

Third-Party Involvement

Mediation

A neutral third party (mediator) tries to assist the principals in reaching an agreement by holding meetings with each party to find common ground for further bargaining.

The mediator is a go-between and has no authority to dictate terms or make concessions.

The mediator communicates assessments
of the likelihood of a strike, the possible settlement packages available, and the like.

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

Negotiators use three types of third-party interventions to overcome an impasse: mediation, fact finding, and arbitration.

15–*

FIGURE 15–5
FCMS Form F-53: Online Request Form for Federal Mediation

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

Various public and professional agencies make arbitrators and mediators available. For example, the American Arbitration Association (AAA) represents and provides the services of thousands of arbitrators and mediators to employers and unions.

Figure 15-5 shows the online request form for the U.S. government’s Federal Mediation and Conciliation Service which provides both arbitrators and mediators.

15–*

Third-Party Involvement (cont’d)

Fact Finder

A neutral party who studies the issues in a dispute and makes a public recommendation for a reasonable settlement.

Arbitration

An arbitrator often has the power to determine and dictate the settlement terms.

Binding arbitration can guarantee a solution
to an impasse.

Interest arbitration for labor agreements

Rights arbitration defines the terms of existing contracts

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

Negotiators use various interventions to overcome an impasse, such as fact finding and differing forms of arbitration.

15–*

Resolving an Impasse: Union Strikes

Economic strike

Unfair labor practice strike

Wildcat strike

Sympathy strike

Types of Strikes

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

A strike is a withdrawal of labor, and there are four main types of strikes.

15–*

Pressure Tactic Alternatives

Unions

Picketing

Corporate campaign

Boycott

Inside games

Injunctions

Employers

Replacement workers

Lockouts

Injunctions

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

Picketing, or having employees carry signs announcing their concerns near the employer’s place of business, is one of the first activities to occur during a strike. Employers can make several responses when they become the object of a strike.

15–*

Main Sections of a Contract Agreement

Management rights
Union security and automatic payroll dues deduction
Grievance procedures
Arbitration of grievances
Disciplinary procedures
Compensation rates
Hours of work and overtime
Benefits: vacations, holidays, insurance, pensions
Health and safety provisions
Employee security seniority provisions
Contract expiration date

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

An actual contract agreement may be a 20- or 30-page document; it may be even longer. It may contain just general declarations of policy, or detailed rules and procedures. The tendency today is toward the longer, more detailed contract. This is largely a result of the increased number of items the agreements have been covering.

15–*

Grievances

Grievance

Any factor involving wages, hours, or conditions of employment that is used
as a complaint against the employer

Sources of Grievances

Discipline

Seniority

Job evaluations

Work assignments

Overtime

Vacations

Incentive plans

Holiday pay

Problem employees

Absenteeism

Insubordination

Plant rules

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

No labor contract can cover all contingencies and answer all questions. The labor contract’s grievance procedure usually handles problems like these. The grievance procedure provides an orderly system whereby both employer and union determine whether some action violated the contract.

15–*

FIGURE 15–6
Sample Online
Grievance Form

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

Figure 15-6 shows an online grievance record form.

15–*

Grievance Procedure

Grievant and shop steward meet with supervisor.

If not resolved, employee files formal grievance

Grievant and shop steward meet with supervisor’s boss.

If grievance is not resolved, meeting with higher-level managers.

If not resolved, matter goes to arbitration.

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

Most collective bargaining contracts contain a specific grievance procedure. It lists the steps in the procedure, time limits associated with each step, and specific rules such as “all charges of contract violation must be reduced to writing.” Virtually every labor agreement signed today contains a grievance procedure clause.

15–*

Handling Grievances: Do

Investigate and handle each case as though it may eventually result in arbitration.

Talk with the employee about his or her grievance; give the person a full hearing.

Require the union to identify specific contractual provisions allegedly violated.

Comply with the contractual time limits for handling the grievance.

Visit the work area of the grievance.

Determine whether there were any witnesses.

Examine the grievant’s personnel record.

Fully examine prior grievance records.

Treat the union representative as your equal.

Hold your grievance discussions privately.

Fully inform your own supervisor of grievance matters.

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

Handling Grievances: Don’t

Discuss the case with the union steward alone—the grievant should be there.

Make arrangements with individual employees that are inconsistent with the labor agreement.

Hold back the remedy if the company is wrong.

Admit to the binding effect of a past practice.

Relinquish to the union your rights as a manager.

Settle grievances on what is “fair.” Stick to the labor agreement.

Bargain over items not covered by the contract.

Treat as subject to arbitration claims demanding discipline or discharge of managers.

Give long written grievance answers.

Trade a grievance settlement for a grievance withdrawal.

Deny grievances because “your hands are tied by management.”

Agree to informal amendments in the contract.

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

The Union Movement Today
and Tomorrow

Reasons for the Decline in Union Membership

Laws have taken over much of the union’s role
as the workers’ protector.

Automation, globalization, and technology have
reduced jobs in unionized manufacturing sectors.

Unions have failed to organize new plants.

Management has become better at resisting
union-organizing efforts.

Upswing Coming?

Unions have been more aggressive lately in organizing public sector workers and white-collar workers.

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

About 35% of the non-farm U.S. workforce belonged to unions in the 1960s. Recently, that figure dropped to about 12.4%.

15–*

Public Employees and Unions

Size of Public Unions

The National Education Association; the American Federation of State, County, and Municipal Employees; and the American Federation of Teachers—are among the largest U.S. unions.

Laws Supporting Public Sector Organizing

Executive Order 10988

Recognized organizing rights of public sector employees

Title VII of the Civil Service Reform Act of 1978
(known as the Federal Labor Relations Act)

Established the Federal Labor Relations Authority

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

One bright spot for the union movement is their success in organizing federal, state, and municipal workers. The unions’ success here reflects, in part, years of changes in public-sector collective-bargaining and labor relations legislation.

15–*

Organizing professionals and white-collar employees

Pushing “card check” for union recognition

Filing class action lawsuits to support workers

Forming alliances with overseas unions

New Union Tactics

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

Unions are making inroads with professionals and white-collar workers. Unions are pushing Congress to pass the Employee Free Choice Act that would make it easier to organize employees through “card checks.”

Unions recently used class action lawsuits to support workers’ claims under the Fair Labor Standards Act and the Equal Pay Act.

Unions are strengthening alliances with unions in other nations, with the goal of uniting workers in specific multinational companies and industries around the globe.

15–*

High-Performance Work Systems, Employee Participation, and Unions

To avoid having participation programs viewed as sham unions:

Involve employees in the formation of programs.

Emphasize that programs exist only to address issues such as quality and productivity.

Don’t establish programs when union organizing activities are beginning.

Use volunteers and rotate membership.

Minimize management participation in programs to avoid interference or the perception of domination.

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

For some unions, employee participation is too much of a good thing. Many employers encourage employees to work together in quality circles and similar worker participation teams. The aim is to help solve work-related problems and create high-performance work systems.

Many unions believe that the result, if not the motive, of such programs is to usurp unions’ traditional duties.

15–*

K E Y T E R M S

closed shop

union shop

agency shop

preferential shop

right to work

Norris-LaGuardia Act (1932)

National Labor Relations (or Wagner) Act

National Labor Relations Board (NLRB)

Taft-Hartley Act (1947)

national emergency strikes

Landrum-Griffin Act (1959)

union salting

authorization cards

bargaining unit

decertification

collective bargaining

good faith bargaining

voluntary (or permissible) bargaining items

illegal bargaining items

mandatory bargaining items

impasse

mediation

fact finder

arbitration

strike

economic strike

unfair labor practice strike

wildcat strike

sympathy strike

picketing

corporate campaign

boycott

inside games

lockout

injunction

grievance procedure

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publisher. Printed in the United States of America.

Human Resources Management 12e Gary Dessler

Human Resources Management 12e
Gary Dessler

15–*