HRCS#7

MHR 6451, Human Resource Management Methods 1

Course Learning Outcomes for Unit VII Upon completion of this unit, students should be able to:

4. Develop a human resource plan to address employee conflict. 4.1 Compare and contrast different conflict management strategies. 4.2 Evaluate conflict resolution strategies.

8. Analyze the impact of different collective bargaining strategies on employee morale.

8.1 Assess the current state of unions and why employees decide to unionize. 8.2 Explain collective bargaining strategies used in a negotiation.

Course/Unit Learning Outcomes

Learning Activity

4.1, 4.2

Unit Lesson Video: Conflict Resolution Techniques Video: Unions and Collective Bargaining: Cutting Edge Communication

Comedy Series Article: “Confronting Conflict” Unit VII Case Study

8.1

Unit Lesson Video: Collective Bargaining Video: Union Contract Negotiation Video: Collective Bargaining Issues Video: Unions and Collective Bargaining: Cutting Edge Communication

Comedy Series Document: “Chapter 4: The Collective Bargaining Framework” Web page: “What We Do”

8.2

Unit Lesson Video: Collective Bargaining Video: Union Contract Negotiation Video: Collective Bargaining Issues Video: Conflict Resolution Techniques Video: Unions and Collective Bargaining: Cutting Edge Communication

Comedy Series Document: “Chapter 4: The Collective Bargaining Framework” Article: “Confronting Conflict” Web page: “What We Do”

Required Unit Resources In order to access the following resources, click the links below. The transcripts for the videos following can be found by clicking on “Transcript” in the gray bar to the right of the videos in the Films on Demand database. View the video and read the article below. They offer valuable information on conflict management strategies. These resources will assist you in the completion of this unit’s assignment.

UNIT VII STUDY GUIDE

Conflict Management, Unions, and Collective Bargaining

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Doctoroff Media Group (Producer). (2009). Collective bargaining (Segment 4 of 13) [Video]. In Bill Moyers journal: United Steelworkers’ Leo Gerard/Earmark abuse. Films on Demand. https://libraryresources.columbiasouthern.edu/login?auth=CAS&url=https://fod.infobase.com/PortalPl aylists.aspx?wID=273866&xtid=40177&loid=65264

Seven Dimensions (Producer). (2016). Unions and collective bargaining: Cutting edge communication

comedy series [Video]. Films on Demand. https://libraryresources.columbiasouthern.edu/login?auth=CAS&url=https://fod.infobase.com/PortalPl aylists.aspx?wID=273866&xtid=111699

In the following videos, transcripts and closed captioning are available once you access the videos. The videos, article, and webpage below offer insight into unionization and collective bargaining. These resources will assist you in the completion of this unit’s assignment. Gregg Learning. (2018, October 12). Union contract negotiation [Video]. Cielo24.

https://c24.page/w55qhasws9qyeqvjtx82r6u5ye Gregg Learning. (2018, October 13). Collective bargaining issues [Video]. Cielo24.

https://c24.page/b2525873gt57sa63c9vteucz8a Richards, L. (2016, October 29). Conflict resolution techniques [Video]. Cielo24.

https://c24.page/bkwsgv8eshksdpmebhvw88pbp7 Read the following article and webpage. International Labour Office. (2015). Chapter 4: The collective bargaining framework. In Collective bargaining:

A policy guide (pp. 27–38). https://libraryresources.columbiasouthern.edu/login?url=https://search.ebscohost.com/login.aspx?dire ct=true&db=e000xna&AN=1130776&site=ehost-live&scope=site&ebv=EB&ppid=pp_27

Lytle, T. (2015). Confronting conflict. HRMagazine, 60(6), 26–31. https://bi-gale-

com.libraryresources.columbiasouthern.edu/global/article/GALE|A424990216/7c6d899947a63acedd0 8b89490b2ef2a?u=oran95108

National Labor Relations Board. (n.d.). What we do. https://www.nlrb.gov/about-nlrb/what-we-do

Unit Lesson

The chief executive officer (CEO) is aware of this and contacts you, the director of HR, to discuss next steps. You do remember that you learned something about unions and collective bargaining while you were taking professional development courses, but you also know you need to do research to learn more and make sure you are up-to-date on current laws and issues.

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Conflict Management In the past 6 months, several employees have come to you because they were concerned about the supervisors and how the supervisors managed conflict. Conflict is inevitable. Lytle (2015) identified different areas where there may be conflict. There may be conflicting priorities when you ask an employee to work overtime to get the job done, but the employee needs to leave to watch a child’s soccer game. There may be conflicting perspectives when one employee believes deadlines should be adhered to while another believes that deadlines are arbitrary standards. There may be conflicting assumptions when a supervisor orders a new chair for an employee because the supervisor thought the employee would want a more comfortable chair; however, the supervisor failed to ask before acting, only to find out that the employee loved the other chair. Some employees may thrive on conflict and have a higher tolerance. Lytle (2015) also discusses the importance of trust. Once trust is broken, it may be hard to earn it back, so the importance of managing conflict is of the utmost importance. To manage conflict, Gamlem (2018) found that it is important to understand one’s own distinct style. The five styles of conflict management are depicted in the image below.

Assertiveness places high value on the importance of achieving a goal, while cooperativeness values the importance of the relationship. Competing is characterized by high assertiveness and low cooperativeness. Avoiding is low assertiveness and low cooperativeness. Compromising is right in the middle with moderate assertiveness and moderate cooperativeness. Collaborating is high in both assertiveness and cooperativeness, while accommodating is characterized by low assertiveness and high cooperativeness. The ultimate goal of leadership and the HR manager is to effectively manage conflict. When not managed correctly, your employees may feel the need to unionize. If they do decide to unionize, they would not be the first group of workers to do so, as there is a long and often storied history of workers doing so.

Conflict management styles (Lumen, n.d.)

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History of Labor Unions Labor unions have been around for more than 200 years (American Federation of Labor and Congress of Industrial Organizations [AFL-CIO], 2017b). The first strike was over wages in 1768, while the first trade union formed in 1794. Shoemakers formed the first union, and they formed the Federal Society of Journeymen Cordwainers. The labor movement has impacted many things, including women’s rights, immigration rights, workplace safety, workplace rights, and labor law. Following World War II, the labor movement increased, but since then, union membership has continued to decrease.

Why Unionize? Unions give employees a voice where they may be dissatisfied with some aspect of their jobs. Workers believe that unions will improve their current situation. Dissatisfaction may result from low wages, unsafe working conditions, and unreasonable work hours. Employees may be concerned with job security. Labor unions also protect the rights of children by preventing unfair labor practices.

Forming a Union You just went onto the AFL-CIO website and found that the employees have taken the steps to form a union (AFL-CIO, 2017a). According to the AFL-CIO (2017b), the steps are as shown below.

• Talk to coworkers who express an interest in forming a union.

• Talk to a union organizer to develop a strategy and understand the next steps.

• Talk to other coworkers to gain support for unionization.

• Once there is a majority, workers will sign a union authorization card. A card check is an authorization form indicating someone wants to be represented by a union.

The National Labor Relations Board (NLRB, n.d.) reports that at least 30% of the workers must sign the cards or a petition stating that they want a union before there is an election. Once a majority approves the joining of a union, the NLRB will certify the union. It is interesting to note that the employer may also choose to recognize a union. Once the union has been certified, there is a requirement that they bargain over terms and conditions of employment with the representative of the union. It is an unfair legal practice when employers refuse to bargain with employees, and it is also an unfair legal practice when employees refuse to bargain with employers. You are probably wondering about what the NLRB is and how it fits into all of this. The NLRB is a five- member board who is nominated by the U.S. president. The nominations are confirmed by the Senate, and the members serve a 5-year term. Administrative law judges preside over hearings at the NLRB. The NLRB is responsible for two types of legal questions. The first is unfair labor practice charges, and the second is representation elections. The NLRB was created by the National Labor Relations Act.

The Labor Agreement and the Importance of Labor Laws Wachter (2014) indicates that the National Industrial Recovery Act (NIRA) set up a system where major industries would operate under codes of fair competition. There was no provision requiring employers to bargain with unions. Ultimately, the NIRA was declared unconstitutional, and the Wagner Act, also known as the National Labor Relations Act (NLRA), was enacted. The NLRA protects the rights of both employers and employees, ensuring the general welfare of employees, businesses, and the U.S. economy. Collective bargaining and provisions to protect the rights of private sector employees are included in the act. Public sector employees, agricultural workers, domestic workers, airline employees, railway employees, independent contractors, and workers employed by a parent or a spouse are not covered by the NLRA (The Lunt Group, n.d.). The Taft-Hartley Act was enacted to counterbalance the provisions of the NLRA. The act protected the rights of employees who did not want to unionize and provided a guarantee of a vibrant nonunion sector, especially in the right-to-work states that required an open shop (Wachter, 2014). An open shop is where workers can decide if they want to join a union. Those who do not want to are not required to pay union dues or fees. A right-to-work state is one where workers do not need to join a union as a condition of employment. To see if your organization is located in a right-to-work state or to see if your state has any laws against union

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membership as a condition of employment, visit the Right to Work States webpage where you can see a map and find links to each state’s laws. Now that you know if your state is a right-to-work state, you are going to finish your research about collective bargaining.

Collective Bargaining When reading the NLRA, you learned that employers and unions are required to bargain in good faith about mandatory bargaining subjects. Employers cannot bargain with individual employees or other unions. There should be reasonable efforts made to reach an agreement. However, bargaining in good faith does not mean that either side needs to agree or concede; rather, each side should be able to show that they intend to reach an agreement. The collective bargaining process is one where employees, through union representation, negotiate with their employers about wages, hours, and terms and conditions of employment. The collective bargaining process begins with preparation, and this is when the representatives are selected. You also realized that there are mandatory, non-mandatory, and illegal bargaining subjects. Mandatory bargaining subjects include anything related to wages, hours, and terms and conditions of employment. The employer must discuss the impact of the bargaining subjects on severance pay, transfer policies, retraining, and the procedures for layoffs. It is important to note that it is legal to strike over a mandatory subject of bargaining but not over a non-mandatory bargaining subject. Non-mandatory subjects are neither mandatory nor illegal. They can include but are not limited to vacation policies, work schedules, and time off for holidays. There are illegal subjects that include any type of discrimination and closed shop provisions. Once the preparation is complete, both parties meet and share their proposals. There may not be agreement on the proposals. This is when the bargaining process begins, and there is a goal of reaching agreement. If there is an agreement, it is drafted, revised, and ultimately signed by both parties. Now it is a binding contract. Once there is a signed contract, union membership votes to accept or reject the contract.

Collective Bargaining Strategies In collective bargaining, the goal is to avoid conflict and negotiate in a way in which an agreement can be reached. You think back to a negotiation that broke down and led to a strike. As you do not want this, you knew you needed to think about collective bargaining strategies. You do not want the bargaining to continue for a long time, as this can increase uncertainty and impact both the employee and the employer’s morale. The financial impact for the employers, the employees, and the union can be significant with a lengthy strike. If you want to have a win-win solution, then you are using an integrative bargaining strategy. If there is a request for better healthcare coverage, and you approve this request (you know this can happen if employees contribute X amount of dollars per month), then this is a win for both sides. If you believe that it is more important for management to get what they want, you are using a distributive bargaining strategy. For example, if you indicated that you are going to increase the wages, they will have to pay 50% more for health care, and their profit sharing will be eliminated. With any bargaining strategy, the intent is to bargain in good faith so that an agreement can be made. Dimitriu (2017) reports that globalization has had an impact on collective bargaining. You might want to keep that in mind because you are going to focus on globalization, culture, and organizational culture in the next unit.

References American Federation of Labor and Congress of Industrial Organizations. (2017a, March 28). 4 steps to form a

union. https://aflcio.org/formaunion/4-steps-form-union American Federation of Labor and Congress of Industrial Organizations. (2017b, March 6). Our labor history

timeline. https://aflcio.org/about-us/history

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Dimitriu, R. (2017). Unsettling trends in collective bargaining today. Accounting Management Information Systems, 16(3), 389–405. https://libraryresources.columbiasouthern.edu/login?url=https://search.ebscohost.com/login.aspx?dire ct=true&db=bsu&AN=125345470&site=ehost-live&scope=site

Gamlem, C. (2018). I respectfully disagree. Learn to manage conflict through understanding and practical

application. Talent Development, 72(8), 78–79. http://bi.gale.com.libraryresources.columbiasouthern.edu/global/article/GALE%7CA549486286/27256 beb295418cf8f4c5b87c7300c22?u=oran95108

Lumen. (n.d.). Five primary styles of conflict management [Graphic]. https://courses.lumenlearning.com/wm-

organizationalbehavior/chapter/conflict-management-styles/ The Lunt Group. (n.d.). The National Labor Relations Act (NRLA). Employment Law Handbook.

https://www.employmentlawhandbook.com/federal-employment-and-labor-laws/nlra/ Lytle, T. (2015). Confronting conflict. HR Magazine, 60(6), 26–31.

http://bi.gale.com.libraryresources.columbiasouthern.edu/global/article/GALE%7CA428752268/bfac0 d0854655d7988105768496c2531?u=oran95108

National Labor Relations Board. (n.d.). Your right to form a union. https://www.nlrb.gov/rights-we-

protect/whats-law/employees/i-am-not-represented-union/your-right-form-union Wachter, M. L. (2014). The striking success of the National Labor Relations Act: the NLRA has brought labor

peace and improved workers' negotiating power, which may explain why union membership is declining. Regulation, 37(1), 20–26. http://bi.gale.com.libraryresources.columbiasouthern.edu/global/article/GALE%7CA366236708/c37c5 038b9ba4b2cdd42ee4ae74145d6?u=oran95108

Suggested Unit Resources In order to access the following resources, click the links below. The following resource provides a framework for better understanding the National Labor Relations Board and its functions. National Labor Relations Board. (1997). Basic guide to the National Labor Relations Act. U.S. Government

Printing Office. https://www.nlrb.gov/sites/default/files/attachments/basic-page/node- 3024/basicguide.pdf

The following article gives additional insight on the effects of the National Labor Relations Act on unions and employees. Watcher, M. L. (2014). The striking success of the National Labor Relations Act: The NLRA has brought labor

peace and improved workers' negotiating power, which may explain why union membership is declining. Regulation, 37(1), 20–26. https://bi-gale- com.libraryresources.columbiasouthern.edu/global/article/GALE|A366236708/b602d3ea1e6c1fd7391 154520454f525?u=oran95108