Labor Relations week 2
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IPPT_Ch06_Budd6e.pptxChapter 6
Union Organizing
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Learning Objectives
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.
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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Introduction 1
Suppose a group of workers join together to influence the nature of their employment (for example, change a vacation policy)
As long as these activities do not interfere with their work, United States labor law protects the members of this group from reprisals so they cannot be fired, demoted, or disciplined.
But they can be ignored; management has no legal obligation to deal with nonunion groups of workers.
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Introduction 2
If the group is ignored, they can:
Look for work elsewhere.
Put up with things the way they are.
Be disruptive to pressure the employer to reconsider (and maybe get fired).
Try to form a labor union.
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Introduction 3
Ways in which a union can be formed
Employees could initiate a 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.
Most United States unions are formed through secret ballot representation elections (equals election to determine whether a union will represent the workers).
The most significant type of representation election is a certification election (equals election to determine if a union will become certified as the employees’ representative).
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The Organizing Time Line 1
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The Organizing Time Line 2
Employees might initiate an organizing drive
Low pay.
Excessive overtime.
Harsh supervision.
Lack of respect and voice.
Unions can also 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.
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The Organizing Time Line 3
Building and documenting support
This involves meeting of interested employees outside the workplace and distributing information.
Organizing also involves raising expectations – what someone should expect form their job, their employer, a potential union and ultimately, themselves and their co-workers.
The most important method in United States 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.
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An Authorization Card
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Authorization Cards
Collecting signed authorization cards is a crucial part of the union organizing process
The cards demonstrate the interest in unionization to three important parties:
Union organizers.
The employer.
The N L R B.
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Card Check Recognition
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.
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The Union Organizing Process via the N L R B
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The Organizing Time Line 4
Alternatives to voluntary recognition
Employees can launch a recognition strike.
Increase the pressure on the company to force it to change its stance and recognize the union.
The N L R A does not ban recognition strikes but tries to make them obsolete.
Certification election.
Secret ballot election to determine the wishes of the majority of employees.
Conducted by the N L R B (or a separate federal or state agency in the public sector).
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N L R B Representation Elections 1
Certification election: Used in a nonunion location to ascertain if a majority of employees want to become unionized
If union wins, it is certified as the bargaining agent.
Most certification elections have one union on the ballot.
Decertification election: Determines whether a majority of unionized employees no longer wish to be represented by their union
Most decertification elections result in a workplace going from union to nonunion.
Raid election - A small number of decertification elections decertify the existing union and certify a new union.
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N L R B Representation Elections 2
Getting the N L R B to conduct an election
A group of employees or a union must file a petition form with the N L R B.
Petition must be supported by 30 percent of the employees for such an election.
The typical way to demonstrate sufficient interest is to provide signed authorization cards from at least 30 percent of the employees.
Many unions wait until they have cards from more than 50 percent, but 30 percent is the legal minimum.
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N L R B Representation Elections 3
N L R B deals with several other details before scheduling elections
Unless in an unusual circumstance, the N L R B 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.
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N L R B Representation Elections 4
Determining the appropriate bargaining unit
Appropriate bargaining unit: Group of occupations and locations relevant to the certification election.
Individuals who are not defined as employees by the N L R A are excluded.
Ultimately determining the appropriate bargaining unit must be done case by case because the details can vary from one workplace to another.
This can be a significant source of delay.
Each side wants the unit defined to its own advantage.
If unit is widened, unions might no longer have 30 percent signed cards.
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N L R B Representation Elections 5
The supervisor controversy
After much anticipation by unions and employers, in 2006 the Bush-appointed N L R B issued the Kentucky River decisions that created new definitions for assign, responsibility direct and independent judgement.
These new definitions have been criticized by labor and its supporters for making it easier to exclude supervisory and professional employees from N L R B-defined bargaining units and from the N L R A’s protections.
Remember: Being excluded from N L R A protection does not mean it is illegal to form a union, but it is much more difficult.
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N L R B Representation Elections 6
Scheduling the election
Elections are supervised and monitored by N L R B officials.
They usually take place at the employees’ worksite.
Each eligible worker can vote using a secret ballot.
Half of all elections are held within 23 days of a petition being filed (but this might increase with 2020 election rules revision).
Between filing the petition and conducting an election, campaigning by unions and employers takes place.
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N L R B Representation Elections 7
Tension over the speed of the process
In 2015 the (Obama) N L R B implemented new election rules to streamline the process and reduce delays.
Included postponing hearings on some issues until after election.
Due to the shortened timeframe for conducting an election, S H R M and other business groups labeled this the “ambush election” rule.
In 2020, the (Trump) N L R B revised the election rules undoing these changes.
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Individual Voting Decisions 1
When an election occurs, an individual worker needs to decide whether to vote in favor of union representation
An important question in labor relations is what influences individual workers to vote yes to form a union or no to remain nonunion.
The voting decision is typically a practical one.
Based on the perceived costs and benefits of unionization for that individual worker.
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Individual Voting Decisions 2
Union instrumentality: Degree to which an individual thinks a union will be instrumental in improving the workplace
Influence of campaign tactics is controversial
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Influences on the Individual Voting Decision
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N L R B Election Standards 1
The key legal standard for N L R B is employee free choice
N L R A authorizes elections to determine whether the workers want union representation.
Campaigning by employers and unions is permitted.
N L R B evaluates election conduct using its laboratory conditions doctrine (the General Shoe doctrine)
“In election proceedings, it is the Board’s function to provide a laboratory in which an experiment may be conducted, under conditions as nearly ideal as possible, to determine the uninhibited desires of the employees.”
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N L R B Election Standards 2
“When, in the rare extreme case, the standard drops too low, because of our fault or that of others, the requisite laboratory conditions are not present and the experiment must be conducted over again.”
When the N L R B feels that election campaigning causes employees to vote differently, a new election is conducted
Clearest violations of laboratory conditions are the N L R A’s employer and union unfair labor practices.
For example, firing union supporters is illegal interference.
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N L R B Election Standards 3
For example, improving wages, benefits, and working conditions before an election in order to defeat a union is illegal interference.
Election conduct need not rise to the severity of a clear unfair labor practice in order to violate laboratory conditions.
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Employer Campaigning 1
Employer campaign tactics try to influence the four key determinants of individual voting
Job dissatisfaction, union instrumentality, general union attitudes, and collective social identity.
These tactics usually include providing pro-company and antiunion information and opinions to the employees
Supervisors might meet with employees individually or in small groups.
Letters or e-mail messages might be sent to workers.
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Employer Campaigning 2
Strikes and paying dues are frequent themes.
Captive audience meeting: Meetings at workplace in working hours in which employees are forced to listen management’s antiunion and pro-company presentations.
No solicitation rules for union organizers
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Employer Campaigning 3
Two helpful acronyms for managers and supervisors
“F O E”: Providing workers with facts, opinions, and personal experiences.
This is legal.
“T I P S”: Threaten, intimidate, make a promise to, or to spy on workers.
This is illegal.
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Employer Campaigning 4
Until 2014, employee e-mail systems were treated the same way such that employees did not have a right to use employer e-mail systems for Section 7 activity
In a controversial 2014 decision, Obama-era N L R B ruled that e-mail is such “a natural place” for employees to discuss terms and conditions of employment that employees who already have access to a company e-mail system are allowed to use it for non-business purposes, including Section 7 activity, during non-work time.
In 2019, Trump-era N L R B reversed this decision and returned to pre-2014 doctrine.
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Employer Campaigning 5
Union avoidance consultants
Consultants can help managers take advantage of tactics and train supervisors in union avoidance.
Union avoidance consultants aggressively seek to break unions by resorting to any means necessary.
With the help of attorneys and consultants, an employer can slow down the election time line and delay the election date.
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Employer Campaigning 6
The controversies over employer campaign tactics
Some argue that union representation is solely for workers, and employers should not be granted rights as formal participants in the process.
Some campaign tactics are hard to observe or measure and most are undertaken quietly.
Employer antiunion campaign tactics potential reduce the likelihood that employees will vote for unions.
So is illegal employer opposition responsible for the decline in union density?
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Union Campaigning 1
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Union Campaigning 2
Unions can campaign to influence voting decisions in N L R B representation elections
Communicating with employees
Unions are allowed to promise that they will try to win gains for the employees.
But how to reach employees when employers can use no-solicitation rules while restricting employees from talking about unions in non-work areas during non-work time?
Excelsior list: employer must give employee contact information to the union after an election is scheduled.
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Union Campaigning 3
Unions can contact employees or visit them at home.
Unions also use websites and social media to provide campaign information.
Passive campaign tactics like mailings and handbilling are consistent with the servicing model of union representation
E-mail and social media can be similar.
Recent emphasis on getting workers more involved.
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Union Campaigning 4
Strategies to create worker activism
Developing personal relationships with workers such as house calls and small group meetings.
Rallies and solidarity days.
Using workers as volunteer organizers.
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The Certification Election Process 1
Possible criticisms of the N L R A certification process
Unequal access to employees gives employers an unfair advantage.
Lack of penalties for violators.
Rare exception: Gissel bargaining order.
When the N L R B believes that the union had majority support but employer misconduct eroded election, the N L R B can order the employer to recognize and bargain with the union even though the usual election results are lacking.
Delays that create a length election process in which it’s hard to main worker support for unionization.
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The Certification Election Process 2
Organizing outside the N L R B certification process
Because of the perceived problems with the N L R B process, some unions are explicitly trying to organize new workers outside the N L R B certification process.
Unions organize by negotiating neutrality and card check agreements with employers
Concentrate on building organizations within workplaces
Focus on recruiting union members rather than on winning elections
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The Employee Free Choice Act 1
Is the Employee Free Choice Act the answer?
Note: This Act was proposed under the Obama administration but not voted on.
Highly unlikely to be considered under the Trump administration.
But still useful to think about its pros and cons.
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The Employee Free Choice Act 2
The Employee Free Choice Act would amend the N L R A in four significant ways:
Provide for card check recognition.
After certification, If labor and management are unable to reach agreement an arbitration panel would impose a two-year contract upon the parties.
Penalties for violating the N L R A during an organizing drive would be strengthened by providing for treble damages.
N L R B would be required to seek injunctive relief in the courts when employers commit unfair labor practices.
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The Employee Free Choice Act 3
Criticisms of the Employee Free Choice Act
Antidemocratic (deprives workers of the secret ballot vote).
There is a risk that workers will sign cards simply to stop harassment from pro-union workers.
By removing the election process, informed employee decision making is undermined because workers might not get as much campaign information.
This a microcosm of broader debates and divides
Polarized views for and against labor unions.
Rooted in alternative schools of thought.
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An Authorization Card - Text Alternative
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The text on the top reads a declaration, followed by fields to be filled for name, home address, phone, email, employer, location, department, manager, job title, and shift, with date and signature.
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The Union Organizing Process via the N L R B - Text Alternative
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The steps in the union organizing process are given below.
Step 1. Workers contact a union organizer, or a union organizer contacts workers.
Step 2. They build support or collect authorization card signatures. If 30 to 50 percent of the cards are signed, then go to step 3 a. But if more than 50 percent of the cards are signed, then go to step 3 b.
Step 3 a. The workers file an election petition with the N L R B. Go to step 4a.
Step 3 b. If more than 50 percent of the cards are signed, then the workers request voluntary recognition from their employer. Go to step 4 b or 4 c.
Step 4 a. The N L R B determines the appropriateness of the unit. If the percentage of cards signed is less than 30 percent, then go to step 2. If the percentage of cards signed is at least 30 percent, then go to step 5.
Step 4 b. The employer denies to voluntarily recognize the workers’ union. Go to step 3 a.
Step 4 c. The employer accepts the workers’ union. Go to step 6 b.
Step 5. The N L R B election is organized. If the percent of votes in favor of a union is less than 50 percent, then go to step 6 a. But if the percent of votes in favor of a union is more than 50 percent, then go to step 6 b.
Step 6 a. The union is not recognized, or no bargaining is involved (legal challenges pending).
Step 6 b. The union is recognized or employer bargaining is involved (legal challenges pending).
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Influences on the Individual Voting Decision - Text Alternative
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An individual decision-making process on their vote in the N L R B representation elections begins at two points: utility maximization and job dissatisfaction. Rational workers would vote in favor of N L R B representation elections if it increases their well-being and the benefits outweigh the costs. Other workers might vote in favor of N L R B representation elections if they are dissatisfied or frustrated by their perceived workplace injustice. The employer and union campaigning affects the voting in the job dissatisfaction. Other factors that affect the voting are as follows: perceived union instrumentality, general beliefs about unions, and workplace social pressure or identity. These factors in turn are governed by the employer and union campaigning.
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Union Campaigning 1 - Text Alternative
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An individual decision-making process on their vote in the N L R B representation elections begins at two points: utility maximization and job dissatisfaction. Rational workers would vote in favor of N L R B representation elections if it increases their well-being and the benefits outweigh the costs. Other workers might vote in favor of N L R B representation elections if they are dissatisfied or frustrated by their perceived workplace injustice. The employer and union campaigning affects the voting in the job dissatisfaction. Other factors that affect the voting are as follows: perceived union instrumentality, general beliefs about unions, and workplace social pressure or identity. These factors in turn are governed by the employer and union campaigning.
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