Labor Relations 4

profilenamondua
LB2a.pdf

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Chapter 5Chapter 5

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Why Unions Are FormedWhy Unions Are Formed

• Work and Job Conditions ExplanationWork and Job Conditions Explanation  Alienation Theory—the influence of machineryAlienation Theory—the influence of machinery

 Loss of personal contact with labor and products producedLoss of personal contact with labor and products produced  Loss of personal involvement in the workLoss of personal involvement in the work  Pace of work estranging workers from each otherPace of work estranging workers from each other

 Scarcity Consciousness Theory—jobs are difficult to Scarcity Consciousness Theory—jobs are difficult to obtain and retainobtain and retain  Employees believe unions protect jobs by:Employees believe unions protect jobs by:

– Negotiating work rules and apprenticeship programs.Negotiating work rules and apprenticeship programs.

– Bargaining seniority and layoff provisions.Bargaining seniority and layoff provisions.

– Agreeing to grievance procedures.Agreeing to grievance procedures.

– Lobbying for legislation to protect worker rights and jobs.Lobbying for legislation to protect worker rights and jobs.

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Why Unions Are Formed (cont’d)Why Unions Are Formed (cont’d)

• Work and Job Conditions Explanation (cont’d)Work and Job Conditions Explanation (cont’d)  Wheeler Model of Union FormationWheeler Model of Union Formation

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

– Fear of deprivation of current work benefits.Fear of deprivation of current work benefits.

– Frustration with not being heard as an individual.Frustration with not being heard as an individual.

– Rational calculation that the benefits of unionization outweigh its Rational calculation that the benefits of unionization outweigh its costs.costs.

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

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

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Wheeler Model of Union FormationWheeler Model of Union Formation

First Stage: Readiness to

take action

First Stage: Readiness to

take action

Fear of deprivation

Fear of deprivation

Frustration of not being heard

Frustration of not being heard

Rational calculation

Rational calculation

Second Stage: Decision to take collective action

Second Stage: Decision to take collective action

Decision not to unionize

Decision not to unionize

Fear of punishment

Fear of punishment

Lack of belief in unions

Lack of belief in unions

Withdrawal and/or revenge

Withdrawal and/or revenge

Love (Group cohesion)

Love (Group cohesion)

Hope (Belief in unions)

Hope (Belief in unions)

Saliency (Resolution)

Saliency (Resolution)

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Why Unions Are Formed (cont’d)Why Unions Are Formed (cont’d)

• Employee Backgrounds and NeedsEmployee Backgrounds and Needs

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

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

 Unions help satisfy the interrelated social needs of Unions help satisfy the interrelated social needs of members for identity, self-esteem, and affiliation.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 Union’s Challenge of Organizing the Diverse Workforcethe Diverse Workforce

• The Changed WorkforceThe Changed Workforce  Temporary (contingent) employeesTemporary (contingent) employees  Permanent part-time employeesPermanent part-time employees  Independent contractorsIndependent contractors  Leased workersLeased workers  Minorities (racial and ethnic)Minorities (racial and ethnic)  Higher-skilled workersHigher-skilled workers

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Organizing Professional EmployeesOrganizing Professional Employees

• ArgumentsArguments  Against the organization of professionals:Against the organization of professionals:

 Unionization represents a rejection of professional values.Unionization represents a rejection of professional values.

 For the organization of professionals:For the organization of professionals:  Unionization helps achieve and maintain professional values.Unionization helps achieve and maintain professional values.

• Issues in Collective Bargaining:Issues in Collective Bargaining:  Professional standardsProfessional standards

 Participation in policy makingParticipation in policy making

 Regulation of professional workRegulation of professional work

 Training and professional developmentTraining and professional development

 Commitment of organizational resources to professional goalsCommitment of organizational resources to professional goals

 Criteria for personnel decisions regarding professionalsCriteria 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 Activities of the Union in Organizing EmployeesEmployees

• Union ActionsUnion Actions  Don’t initiate organizing; rather it responds to Don’t initiate organizing; rather it responds to

employees’ request for assistance in organizing.employees’ request for assistance in organizing.

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

• Roles of Union OrganizersRoles of Union Organizers  Educator: union benefits/protections, labor traditionsEducator: union benefits/protections, labor traditions

 Persuader: encourage voting for unionizationPersuader: encourage voting for unionization

 Supporter: support workers’ collective actionsSupporter: 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 Activities of the Company in Union OrganizingOrganizing

• Advantages of the Company:Advantages of the Company:

 Has full access to its employees.Has full access to its employees.

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

 Can benefit from employees’ fear of change.Can benefit from employees’ fear of change.

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

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

• Effective Campaign TacticsEffective Campaign Tactics  Hiring labor lawyers and management consultantsHiring labor lawyers and management consultants  Spreading rumors about potential job losses, plant or Spreading rumors about potential job losses, plant or

store closingsstore closings  Asking for a “second chance”Asking for a “second chance”

• Ineffective Campaign TacticsIneffective Campaign Tactics  Intentionally delaying the representation electionIntentionally delaying the representation election  Shifting work and jobs to other facilitiesShifting work and jobs to other facilities  Testing applicants to identify union sympathizersTesting applicants to identify union sympathizers

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

• Employer Effects on ElectionsEmployer Effects on Elections  Influencing the composition of the bargaining unitInfluencing the composition of the bargaining unit  Setting the date for the electionSetting the date for the election

• Illegal Campaign Tactics (Unfair Labor Practices)Illegal Campaign Tactics (Unfair Labor Practices)  Making captive audience speeches after hoursMaking captive audience speeches after hours  Illegally discharging union supporters and activistsIllegally discharging union supporters and activists  Threatening employees about the consequences of Threatening employees about the consequences of

unionizationunionization

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Methods for Organizing UnionsMethods for Organizing Unions

• Voluntary RecognitionVoluntary Recognition  The employer pledges to remain neutral and not to The employer pledges to remain neutral and not to

oppose or interfere with the organization campaign.oppose or interfere with the organization campaign.  The employer agrees to a “card check” for union The employer agrees to a “card check” for union

majority status, allowing the union to forego the NLRB majority status, allowing the union to forego the NLRB representation election process.representation election process.

• Increasing the Success of Organizing DrivesIncreasing the Success of Organizing Drives  Signing neutrality agreementsSigning neutrality agreements  Providing lists of employees to the unionProviding lists of employees to the union  Agreeing to place time limits on the organizing Agreeing to place time limits on the organizing

campaignscampaigns

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Exhibit 5.5 Basic Union Representation Procedures

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Methods for Organizing Unions Methods for Organizing Unions (cont’d)(cont’d)• NLRB DirectiveNLRB Directive

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

• Bases for Issuing Gissel Bargaining OrdersBases for Issuing Gissel Bargaining Orders  A fair, impartial election is not possible due to the A fair, impartial election is not possible due to the

employer’s ULPs.employer’s ULPs.  Authorization card wording is clear and unambiguous.Authorization card wording is clear and unambiguous.  Employees’ signatures were voluntarily obtained.Employees’ signatures were voluntarily obtained.  A majority of bargaining unit employees signed A majority of bargaining unit employees signed

authorization cards.authorization cards.

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Exhibit 5.6 Example of a Union Authorization Card

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NLRB Secret Ballot Election ProcessNLRB Secret Ballot Election Process

• Pre-NLRB-Election Union Campaign ActivitiesPre-NLRB-Election Union Campaign Activities  Contacting employeesContacting employees

 Determining interestDetermining interest

 Setting up and organizing committeeSetting up and organizing committee

 Building interest by soliciting authorization cardsBuilding interest by soliciting authorization cards

• Costs versus Returns for OrganizingCosts versus Returns for Organizing  Extra compensation gained by bargainingExtra compensation gained by bargaining

 Additional dues and fees paid by new membersAdditional dues and fees paid by new members

 Enhanced political influenceEnhanced political influence

 Social benefits and satisfaction of membershipSocial benefits and satisfaction of membership

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NLRB Secret Ballot Election Process NLRB Secret Ballot Election Process (cont’d)(cont’d)• Filing a Petition for ElectionFiling a Petition for Election

 Employer refuses union’s recognition request.Employer refuses union’s recognition request.  Employer can petition for an election once the union seeks Employer can petition for an election once the union seeks

recognition.recognition.

 Union files an election petition with the NLRBUnion files an election petition with the NLRB  Union holds signed authorization cards to show substantial Union holds signed authorization cards to show substantial

employee support (at least 30%) for the union.employee support (at least 30%) for the union.

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

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NLRB Secret Ballot Election Process NLRB Secret Ballot Election Process (cont’d)(cont’d)• Filing a Petition for Election (cont’d)Filing a Petition for Election (cont’d)

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

 Consent election:Consent election: both sides agree on all election both sides agree on all election issues.issues.

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

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NLRB Secret Ballot Election Process NLRB Secret Ballot Election Process (cont’d)(cont’d)• Determining the Appropriate Bargaining UnitDetermining the Appropriate Bargaining Unit

 Basis for NLRB decision is “community of interest”Basis for NLRB decision is “community of interest”  Interest of the employeesInterest of the employees

 Commonality of wages, working conditions, training, and Commonality of wages, working conditions, training, and skillsskills

 Prior history of collective bargainingPrior history of collective bargaining

 Transfers of employees among facilitiesTransfers of employees among facilities

 Geography and physical proximity of the workplacesGeography and physical proximity of the workplaces

 Employer’s administrative or territorial divisionsEmployer’s administrative or territorial divisions

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

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NLRB Secret Ballot Election Process NLRB Secret Ballot Election Process (cont’d)(cont’d)• Determining the Appropriate Bargaining UnitDetermining the Appropriate Bargaining Unit

 Restrictions on “community of interest”Restrictions on “community of interest”  Nonprofessional and professional employees must be in Nonprofessional and professional employees must be in

placed in separate bargaining units.placed in separate bargaining units.

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

 Plant guards must be in a separate bargaining unit.Plant guards must be in a separate bargaining unit.

 Supervisors and members of management are excluded.Supervisors and members of management are excluded.

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

 Confidential employees and family members of owners are Confidential employees and family members of owners are excluded.excluded.

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NLRB Secret Ballot Election Process NLRB Secret Ballot Election Process (cont’d)(cont’d)• Bargaining Units in the Health IndustryBargaining Units in the Health Industry

 Registered nursesRegistered nurses  PhysiciansPhysicians  Other professional employeesOther professional employees  Technical employeesTechnical employees  Skilled maintenance employeesSkilled maintenance employees  Business office clericalsBusiness office clericals  GuardsGuards  Other nonprofessional employeesOther nonprofessional employees

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NLRB Secret Ballot Election Process NLRB Secret Ballot Election Process (cont’d)(cont’d)• Eligibility to Vote in the Election Requires:Eligibility to Vote in the Election Requires:

 Employment in a bargaining unit jobEmployment in a bargaining unit job

 Employment during the eligibility periodEmployment during the eligibility period

 Employment on the date of the electionEmployment on the date of the election

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

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NLRB Secret Ballot Election Process NLRB Secret Ballot Election Process (cont’d)(cont’d)• Untimely Petitions Are Void If:Untimely Petitions Are Void If:

 A representation election was held within the previous A representation election was held within the previous 12 months.12 months.

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

• Contract Bar DoctrineContract Bar Doctrine  A valid multi-year contract protects the union by A valid multi-year contract protects the union by

barring representation elections for up to three years.barring representation elections for up to three years.

• Excelsior RuleExcelsior Rule  An employer must provide the NLRB regional director An employer must provide the NLRB regional director

with the names and addresses of eligible voters within with the names and addresses of eligible voters within 7 days of a consent or directed election order.7 days of a consent or directed election order.

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NLRB Secret Ballot Election Process NLRB Secret Ballot Election Process (cont’d)(cont’d)• Factors Affecting Election Outcomes:Factors Affecting Election Outcomes:

 High (90%) voter turnoutHigh (90%) voter turnout

 Length of time before election occursLength of time before election occurs  Longer times worsen the union’s chances of winning.Longer times worsen the union’s chances of winning.

 Size of the election unitSize of the election unit  The union wins more in smaller units.The union wins more in smaller units.

 The union supporting the organizing effortThe union supporting the organizing effort  Negative “big labor” image hurts union’s chance of winning. Negative “big labor” image hurts union’s chance of winning.

 Whether the supporting union is independent or Whether the supporting union is independent or affiliated with the AFL-CIO affiliated with the AFL-CIO  Independents do better.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 NLRB Secret Ballot Election Process (cont’d)(cont’d)• The ElectionThe Election

 Secret ballots with union or no union choice are used.Secret ballots with union or no union choice are used.  If two unions are on the ballot, there are three choices:If two unions are on the ballot, there are three choices:

– Union A, Union B, or Neither.Union A, Union B, or Neither.

 Election held at workplace during working hours on a payday.Election held at workplace during working hours on a payday.

 Election outcomeElection outcome  Simple majority decision: those who vote decide for everyone Simple majority decision: those who vote decide for everyone

in the bargaining unit.in the bargaining unit.

 Runoffs are held if necessary.Runoffs are held if necessary.

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

 Election conduct and votes can be challenged for 7 days.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 NLRB Secret Ballot Election Process (cont’d)(cont’d)• After the ElectionAfter the Election

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

 Factors favoring securing a first contract:Factors favoring securing a first contract:  Preexisting high wages in the firmPreexisting high wages in the firm

 The presence of other bargaining units in the firmThe presence of other bargaining units in the firm

 Large election victoriesLarge election victories

 Active participation by international union representativesActive participation by international union representatives

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NLRB Secret Ballot Election Process NLRB Secret Ballot Election Process (cont’d)(cont’d)• Duties of the Exclusive Bargaining AgentDuties of the Exclusive Bargaining Agent

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

 To bargain in good faith with the employer.To bargain in good faith with the employer.

• Duties of the EmployerDuties of the Employer

 To bargain in good faith with the elected union.To bargain in good faith with the elected union.

 To refuse to bargain with any other union or To refuse to bargain with any other union or employee.employee.

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Mandatory Secret Ballot Elections Mandatory Secret Ballot Elections VersusVersus Employee Free Choice ActEmployee Free Choice Act • Employee Free Choice Act ProvisionsEmployee Free Choice Act Provisions

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

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

 Increased penalties for employer unfair labor Increased penalties for employer unfair labor practices committed during the union organizing practices committed during the union organizing campaign or the negotiation of the first contract.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 Conduct of the Representation Election Campaigns and NLRB PoliciesElection Campaigns and NLRB Policies

• Totality of Conduct DoctrineTotality of Conduct Doctrine  NLRB considers isolated incidents within the entire NLRB considers isolated incidents within the entire

context of conduct during a campaign in determining context of conduct during a campaign in determining unfair labor practices.unfair labor practices.

 Campaigning parties cannot use forged documents.Campaigning parties cannot use forged documents.

• Captive AudienceCaptive Audience—24 hour rule—24 hour rule  Employers cannot make speeches to workers on Employers cannot make speeches to workers on

company time within 24 hours of an election.company time within 24 hours of an election.  Employers may not threaten reprisal or promise Employers may not threaten reprisal or promise

benefits during a campaign speech.benefits during a campaign speech.

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Conduct of Campaigns and NLRB Conduct of Campaigns and NLRB PoliciesPolicies• Polling or Questioning EmployeesPolling or Questioning Employees

 Employers cannot ask employees about their union Employers cannot ask employees about their union sentiments.sentiments.

• Distribution of Union Literature and Solicitation Distribution of Union Literature and Solicitation by Employees on Company Propertyby Employees on Company Property  Literature distribution is permitted during nonworking Literature distribution is permitted during nonworking

times and in nonworking (non-customer) areas.times and in nonworking (non-customer) areas.  Company confidential material cannot be distributed.Company confidential material cannot be distributed.  LechmereLechmere decision allows employers to ban non- decision allows employers to ban non-

employee organizers if there are other reasonable employee organizers if there are other reasonable means of access to employees.means of access to employees.

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Conduct of Campaigns and NLRB Conduct of Campaigns and NLRB Policies (cont’d)Policies (cont’d)

• Showing Films during Election CampaignsShowing Films during Election Campaigns  Films may be used during campaigns.Films may be used during campaigns.

• Use of E-MailUse of E-Mail  An employer’s e-mail usage policy can ban all An employer’s e-mail usage policy can ban all

non-business use of e-mail but not solely union-non-business use of e-mail but not solely union- related e-mail.related e-mail.

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

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Conduct of Campaigns and NLRB Conduct of Campaigns and NLRB Policies (cont’d)Policies (cont’d) • New Union StrategiesNew Union Strategies

 Using the Internet to distribute organizing information.Using the Internet to distribute organizing information.

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

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

 Creating videos explaining the union’s position.Creating videos explaining the union’s position.

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

 Funding more organizing efforts.Funding more organizing efforts.

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Exhibit 5.11 Examples of Handbills Distributed During Representation Election Campaigns

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Decertifcation ProcedureDecertifcation Procedure

• DecertificationDecertification  When a majority of the bargaining unit vote to remove When a majority of the bargaining unit vote to remove

the union’s certification as the unit’s exclusive the union’s certification as the unit’s exclusive representative.representative.

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

• Reasons for DecertificationReasons for Decertification  Fair treatment of employees by employersFair treatment of employees by employers  Poor job by unions of providing services to membersPoor job by unions of providing services to members  Inability to gain an initial labor contractInability to gain an initial labor contract  Hiring of replacement workersHiring 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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Decertifcation CampaignsDecertifcation Campaigns

• Unlawful Activities by EmployersUnlawful Activities by Employers  Obtaining NLRB forms for employees interested in Obtaining NLRB forms for employees interested in

union decertificationunion decertification  Providing services to employees who are interested in Providing services to employees who are interested in

launching a decertification campaignlaunching a decertification campaign  Initiating discussions on how or whether to decertify Initiating discussions on how or whether to decertify

the unionthe union

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Key TermsKey Terms

• Alienation theoryAlienation theory

• Scarcity consciousness theoryScarcity consciousness theory

• Union instrumentalityUnion instrumentality

• Consent electionConsent election

• Directed electionsDirected elections

• Contract bar doctrineContract bar doctrine

• Totality of conduct doctrineTotality of conduct doctrine

  • PowerPoint Presentation
  • Why Unions Are Formed
  • Why Unions Are Formed (cont’d)
  • Wheeler Model of Union Formation
  • Slide 5
  • Exhibit 5.1 Influences on Employees on Whether to Vote For or Against a Union
  • The Union’s Challenge of Organizing the Diverse Workforce
  • Organizing Professional Employees
  • Exhibit 5.2 AFL-CIO Organizing Institute Informational Flier
  • Activities of the Union in Organizing Employees
  • Exhibit 5.3 Union Strategy and Courses of Action to Achieve Employee Goals and Resolve Job-Related Concerns
  • Exhibit 5.4 Components of ‘‘Rank-and-File Intensive Strategy’’ That Are Associated with Higher Union Win Rates
  • Activities of the Company in Union Organizing
  • Activities of the Company in Union Organizing (cont’d)
  • Slide 15
  • Methods for Organizing Unions
  • Exhibit 5.5 Basic Union Representation Procedures
  • Methods for Organizing Unions (cont’d)
  • Exhibit 5.6 Example of a Union Authorization Card
  • NLRB Secret Ballot Election Process
  • NLRB Secret Ballot Election Process (cont’d)
  • Slide 22
  • Slide 23
  • Slide 24
  • Slide 25
  • Slide 26
  • Slide 27
  • Slide 28
  • Exhibit 5.7 Comparison of Pre-2015 and New Procedures
  • Exhibit 5.7 Comparison of Pre-2015 and New Procedures (cont’d)
  • Slide 31
  • Exhibit 5.8 Examples of Secret Ballots for Union Representation Election
  • Slide 33
  • Slide 34
  • Mandatory Secret Ballot Elections Versus Employee Free Choice Act
  • Exhibit 5.9 Possible Activities for Unions after Losing a Representation Election
  • Exhibit 5.10 Most Common Arguments Made by Proponents of Union Recognition via Card Check and Proponents of Mandatory Secret Ballot Elections
  • Conduct of the Representation Election Campaigns and NLRB Policies
  • Conduct of Campaigns and NLRB Policies
  • Conduct of Campaigns and NLRB Policies (cont’d)
  • Slide 41
  • Exhibit 5.11 Examples of Handbills Distributed During Representation Election Campaigns
  • Decertification Procedure
  • Exhibit 5.12 Examples of Objective Evidence* of Union’s Lack of Majority Status
  • Decertification Campaigns
  • Key Terms