HRM 4570 ILR Homework 1

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HRM 4570 ILR Homework 1 (Chapter 1, 2, 4, 5, 6)

Fall 2020

Name:______________________________

Student Number: ____________________

HOMEWORK 1 (3%)

1. Please download Homework 1 (3%) from Blackboard.

2. Rename Homework 1 as “HRM 4570 ILR Homework 1 First Name Last Name” Please type your name.

3. Complete Homework 1 while studying the online lectures. Fill in the blanks / type the correct answers. You should be able to find all answers from the lecture slides.

4. Upload / attach your completed Homework 1 on Blackboard Homework 1.

5. Late submission of homework (by email) will result in a penalty of 1% (out of 3%) per day. Late work submitted more than three days after the due date will not be accepted and will receive a grade of zero.

6. Submit your paper on BlackBoard “Homework 1”. Homework 1 is due on Oct 5 by 11:59pm.

HRM 4570 ILR Lecture Notes

Chapter 1 Contemporary Labor Relations: Objectives, Practices, and Challenges

Labor union: _______ of workers who join together to influence the _______________

Union density: The percentage of workers who are ______________________

In __________, the overall union density in the United States is __________.

Public-sector union density in the United States is __________.

Private-sector union density in the United States is__________.

Objectives of labor relations:

· _____________: Productive use of scarce resources for _______________________

· Examples: profitability, productivity, competitiveness, economic prosperity.

· _____________: Standard of ____________________________for employees

· Examples: living wages, workplace safety, nondiscrimination, health and retirement security

· _____________: The ability of employees to have meaningful input into _____________________________.

· Examples: consultation, unions, self-determination, employee free speech.

Union contract: The provisions of a bargain that are written down and bound into a

____________________________________

Reasons for Union Decline

· Decline in traditionally unionized industries such as ______________

· Regional and _______________ shifts

· Faster employment growth in ____________ states

· Increased numbers of _________in the workforce

· Increased education and _______ levels

· Demand for union __________ has declined

· Increased protective legislation has provided a _______________ for unions

· Employer resistance or __________________

· Other reasons: Union corruption; Rigid work rule; HRM as substitutes for unions; Loss of political influence. Inadequate union lobbying efforts; Individualist culture; Dominance of business unionism. U.S. labor movement was not perceived as a social movement

What is the "representation gap" in the United States? _________ %

Labor Relations Application

Take the Employment-at-Will Quiz

For each of the following scenarios, indicate whether you believe a court of law would find the discharge to be lawful or unlawful, NOT what you would like the result to be. In each case, the employee is not represented by a union and was not discharged because of his or her race, sex, national origin, religion, age, or disability.

1. Company discharges Employee in order to hire another person to do the same job at a lower wage. Employee's job performance has been satisfactory. The discharge is:

Lawful ____________ Unlawful _____________

2. Company discharges Employee because of unsatisfactory job performance.

The discharge is:

Lawful ____________ Unlawful _____________

3. Employee is discharged because Company mistakenly believes Employee has stolen money. Employee is able to prove in court that Company is mistaken. Employee's job performance has been satisfactory.

The discharge is:

Lawful ____________ Unlawful _____________

4. Company discharges Employee because there is no longer enough work. The discharge is:

Lawful ____________ Unlawful _____________

5. Employee is accused of dishonesty. Supervisor knows that Employee is not dishonest, but discharges him anyway, because he dislikes Employee personally. Employee's job performance has been satisfactory. The discharge is:

Lawful ____________ Unlawful _____________

6. An employee discovers that Company has been violating the law by charging customers for services which were not actually provided. Employee is discharged because he refuses to participate in Company's illegal billing practices. The discharge is: Lawful ____________ Unlawful _____________

HRM 4570 ILR Lecture Notes

Chapter 2 Labor Unions: Good or Bad?

Four Schools of Thought about Labor Unions

In Each School of Thought

Labor Unions are …

The Mainstream Economics School

Underlying cause of the labor problem: market failures

Bad

· Unions are___________ because they are ____________ that impair economic efficiency

· Threatening to strike for raise of wages above their competitive levels.

· Unions are seen as interfering with the discipline of the market by protecting lazy workers.

· Market competition results in wages equal to workers' marginal productivity (i.e., the value of their work).

Figure 2

The Human Resource Management School

Underlying cause of the labor problem: poor management

Unnecessary

· Believes that the labor problem stems from ______________

· Effective management policies are best.

· Also, unions add unproductive conflict.

The Industrial Relations School

Underlying cause of the labor problem: unequal bargaining power

Important

· The labor problem stems from _______________

__________________ between corporations and individual workers

· Necessary to counter corporate bargaining power and to balance efficiency, equity and voice in democratic, capitalist societies.

The Critical Industrial Relations School

Underlying cause of the labor problem: the domination of labor by the capitalist class

Important but inadequate

· One key vehicle for aiding labor’s struggle against capitalists and for protecting workers; but because of capitalism’s ____________________ greater sociopolitical changes are needed for reform.

What Do Unions Do? (Union Effects)

Dimension

Estimated Effects of U.S. Unions

Efficiency

Job Satisfaction

Union Workers are _______ satisfied on average

Turnover

___________ turnover.

Productivity

Mixed evidence.

Profitability

___________ profitability.

Equity

Wage levels

Union wage premium

_________wages (15 percent higher on average).

Wage distribution

______________ (less unequal) wage structure.

Employee benefits

_____________ likelihood of benefits being offered

(e.g. health insurance).

Just cause discipline

and discharge

Nearly ________________ in union contracts;

__________ elsewhere.

Public policies

____________________with exercising rights (e.g., workers’ compensation).

Seniority

___________________ importance of seniority provision in personal changes.

Voice

Collective negotiations

Management is ____________ to bargain with a certified union.

Grievance procedures

Nearly ________________ presence of formal grievance procedures with same level of due process and representation.

HRM 4570 ILR Lecture Notes

Chapter 4 Labor Law

Labor law focuses on workers’ _____________ actions.

Employment law pertains to _____________employment rights.

The core of the Wagner Act (Section 7)

1. Employees shall have the right to self-organization / _________ unions

2. They may bargain ___________through representatives of their own choosing

3. They may engage in other ____________ activities for the purpose of ___________________________________________________.

The Wagner Act builds from earlier legislative failures and shortcomings in 3 ways

1. Specifying a _______________procedure for establishing whether a _______ of workers want union representation

2. Defining illegal ______________actions

3. Creating an independent agency, the _________________________________ (NLRB), to enforce the act

The Taft–Hartley Act was also known as the _____________________________ Act

The Taft–Hartley Act amends and adds to the Wagner Act

1. _______________ on union actions

2. _______________rights of individuals and employers

3. New _________________________ procedures

___________ shop agreement:

· Workers must ___________________________ within a certain amount of time

___________shop agreement:

· Rather than joining the union, workers must____________________________

The Landrum–Griffin Act, 1959 (Labor-Management Reporting and Disclosing Act)

· focuses on unethical and illegal behaviors of _________ .

· Ensure democratic standards for unions and increase transparency of union financial activities

Public Sector Labor Law

· This act protects most federal sector workers, though supervisors

· Postal employees are covered under the NLRA

· There is no right to strike against the _______________by anybody, anywhere, any time

· Most public sector bargaining laws ________________ strikes for all public sector employees

Chapter 4 Labor Law

Labor Relations Application

Take the Section 7 Quiz

Section 7 of the National Labor Relations Act (the Wagner Act) guarantees employees "the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection," as well as the right "to refrain from any or all such activities."

Indicate whether each scenario is protected activity under Section 7:

Protected or not?

1. Trying to form a union to negotiate wages and working conditions.

Protected

Unprotected

2. Going on strike and peacefully picketing for improved benefits

Protected

Unprotected

3. Destroying company property while striking for improved benefits

Protected

Unprotected

4. Discussing wages with coworkers

Protected

Unprotected

5. Individually meeting with your supervisor to request improved lighting for you and two coworkers.

Protected

Unprotected

6. Circulating a flyer among coworkers to build support for a plan for employees to buy the company.

Protected

Unprotected

7. In a nonunion workplace, joining with several coworkers and refusing to work until the company provides a paid lunch break.

Protected

Unprotected

8. Insisting that a coworker be present when you think you will be disciplined.

Protected

Unprotected

9. Sending an e-mail message to coworkers pointing out the disadvantages of your employer’s new vacation plan.

Protected

Unprotected

10. Form a home computer after work, posting commenting on Facebook about a coworker’s job performance and asking other coworkers to add their comments.

Protected

Unprotected

11. Distributing obscene or malicious cartoons to protest a supervisor’s actions.

Protected

Unprotected

12. Refusing to work under conditions that you and others reasonably believe pose a high risk of death or serious injury.

Protected

Unprotected

Chapter 4 Labor Law

Examples of Employer Unfair Labor Practices (Read)

Section 8(a)(1): Interference, Restraint, or Coercion That Undermines Section 7

· Circulating and antiunion petition.

· Surveillance of union activities beyond what’s necessary for security of company property.

· Threatening employees with job loss or demotion or physical harm if they support a union.

· Interrogating employees about their union sympathies.

· Preventing employees from talking about a union or wearing union buttons when it doesn’t interfere with their work duties or customers.

· Note: All of the examples provided below for Sections 8(a)(2)-(5) also violate section 8(a)(1).

Section 8(a)(2): Domination of a Labor Organization (Company Union Ban)

· Initiating the formation of a union.

· Creating a nonunion employee representation plan

· Creating a labor-management committee that discusses wages and working conditions with some give-and-take with management, but in which managers retain decision-making power and control the committee’s agenda, structure, and continued existence.

Section 8(a)(3): Discrimination to encourage or discourage union membership

· Firing a union supporter or someone trying to form a union

· Transferring a union supporter to a less desirable job or promoting a union opponent to a better job

· Refusing to hire someone because of past union sympathies or membership

· Closing part of a business for antiunion reasons.

Section 8(a)(4): Discrimination for filling charges or testifying under the NLRA

· Firing a worker who files an unfair labor practices charge

Section 8(a)(5): Refusal to bargain with a certified union

· Refusing to meet with a certified union

· Failing to bargain in good faith – that is without a sincere attempt to reach agreement.

· Never making counterproposals.

· Changing wages, benefits, or other terms of employment without negotiating first.

· Dealing directly with individual employees to circumvent the union.

· Refusing to provide relevant information.

· Refusing to bargain with certified union as the exclusive representative of all bargaining unit employees.

HRM 4570 ILR Lecture Notes

Chapter 5 Labor and Management: Strategies, Structures, and Constraints

Table 5.1 - Traditional Union Strategies and 21st Century Alternatives

Business Unionism

Social Unionism

Strong ____________unions

Strong ___________unions

__________________is key

Workplace, ______, and _______action

_____________of capitalist institutions

___________of status quo

Equity through ___________________

Equity through ___________________

Voice through ____________________

Voice through ____________________

Servicing Model

Organizing Model

Pay dues in return for protection through collective bargaining and grievance procedures

Mobilize workers for empowerment and actions

Workers consume union services.

Workers participate in union and workplace activities including organizing

Job Control Unionism

Employee Empowerment Unionism

Focus on specific job rights.

Focus on creating procedures for empowerment.

Seniority and job classification are important

Skills are important

Equity through standardization and equal treatment

Equity through fair process

Voice through union representation

Voice through empowerment

Industrial Unionism

Craft or Occupational Unionism

Represent all workers in a single ____________.

Represent workers in a single ________ in _____________workplaces.

Bargaining power from _____________

__________________entire workplace.

Responsiveness to a ________________

________________________

National union federations in the United States:

· _________________________–Congress of Industrial Organizations (AFL–CIO)

· _________________________ federation

Table 5.6 - Union Avoidance Tactics

#

Union Avoidance Tactics

Union Suppression vs. Union Substitution

1

Firing or harassing union supporters

Union Suppression vs. Union Substitution

2

Screening out pro-union applicants

Union Suppression vs. Union Substitution

3

Above-market pay and benefits

Union Suppression vs. Union Substitution

4

Opportunities for training and development

Union Suppression vs. Union Substitution

5

Plant closings or bankruptcy

Union Suppression vs. Union Substitution

6

Subcontracting or outsourcing

Union Suppression vs. Union Substitution

7

Respectful supervision

Union Suppression vs. Union Substitution

8

Complaint or grievance procedures

Union Suppression vs. Union Substitution

9

Investing in nonunion sites

Union Suppression vs. Union Substitution

10

Surface bargaining

Union Suppression vs. Union Substitution

11

Employment security

Union Suppression vs. Union Substitution

12

Attitude surveys

Union Suppression vs. Union Substitution

13

Using permanent strikes replacements

Union Suppression vs. Union Substitution

14

Facilitating decertification

Union Suppression vs. Union Substitution

15

Information sharing

Union Suppression vs. Union Substitution

16

Consultation/ participation mechanisms

Union Suppression vs. Union Substitution

HRM 4570 ILR Lecture Notes

Chapter 6 Union Organizing

________________campaigns

· Organize a workplace and enhance representation of existing employees

________________campaigns

· Increase a union’s membership by organizing dissatisfied workers

True / False Questions: Strategic vs. Opportunistic campaigns

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

campaign

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

campaign

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

campaign

_______________ recognition: Recognition based on authorization cards

· Gathering signed cards from more than _____% of employees, can recognize union as bargaining agent

· A neutral party examines the cards and determines if truly more than _____% of the employees signed cards

· The employer can recognize the union and is then __________to bargain with the union. This is called ___________ recognition

Recognition strike: Strike to compel employer to ___________ their union

Certification election: Used in a nonunion location to ascertain if a___________ of employees want to become unionized

Appropriate bargaining unit:

· Group of __________ and __________ relevant to the certification election

· Employees excluded from coverage under the National Labor Relations Act include _______________, managers, confidential employees, and others.

Individual Voting Decisions

1. _________________________________

2. _________________________________ (Degree to which an individual thinks a union will be instrumental in improving the workplace)

3. _________________________________, and

4. _________________________________

Employer Campaigning Tactics

1. _________________ with employees

2. Employer ________________ on employees and union organizers

3. Union _____________ consultants and lawyers

Union Campaigning Tactics

1. Distributing _________________ and letters through mailings and handballing

2. Developing ___________________ relationships with workers such as house calls and small group meeting

3. Carrying out _______________________ and using workers as __________________ organizers

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