Smart-Solutions

Labor Relations Development, Structure, Process Eleventh Edition

John A. Fossum Center for Human Resources and Labor Studies

Carlson School of Management

University of Minnesota

Table of Contents

About the Author iii

Preface v

Chapter 1 Introduction 1

Contemporary Labor Relations 4 What Unions Do 5 Collective Behavior 7

Group Cohesiveness 7 Class Consciousness 7 External Threat 8

Why Workers Unionize 9 Catalyst for Organization 9 Individuals and Union Organizing 10

Beliefs about Unions 13 Willingness to Vote for Union Representation 14 The Local Community 16 Union Member Beliefs 16

Unions, Their Members, and Decision Making 1.6

Labor Unions in the "New Normal" 17 Why Has the Labor Movement Been in

Decline? 18 Transformation in Industrial Relations Systems 20 What Should Unions Do? 22

Summary and Preview 23 Plan of the Book 24

Key Terms 26 Selected Web Sites 26

Chapter 2 The Evolution of American Labor 27

Union Philosophies and Types in the United States 28

Early Unions and the Conspiracy Doctrine 29

Philadelphia Cordwainers 29 Commonwealth v. Hunt 29 Pre-Civil War Unions 30

The Birth of National Unions 31 . The National Labor Union 31 The Knights of Labor 32 The American Federation of Labor 33

Labor Unrest 34 The Industrial Workers of the World and the Western Federation of Miners 36 The Boycott Cases 39 Early Legislation 40

Trade Union Success and Apathy 40 World War I 40 The American Plan 41 The End of an Era 42

Industrial Unions 42 The Industrial Union Leadership 42 Organizing the Industrial Workforce 43

Legislation 44 Norris-LaGuardia Act (1932) 45 National Industrial Recovery Act (1933) 45 Wagner Act (National Labor Relations Act, 1935) 45

Employer Intransigence 46 Constitutionality of the Wagner Act 47

Labor Power 48 World War II 50 Reconversion 51

Changing the Balance 51 Taft-Hartley Act 52 The Nezv Production Paradigm 53

Retrenchment and Merger 53 Merger 53 Corruption 54 Landrum-Griffin Act 55

Public Sector Union Growth 55 Federal Executive Orders 55 Civil Service Reform Act 56

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Labor in Crisis and Transition 56 Rising Employer Militancy 56 Striker Replacements 57 Neiv Union Leadership 58

Summary 59 Discussion Questions 60 Key Terms 61 Selected Web Sites 61

Chapter 3 Employment Law and Federal Agencies 62

Overview 62 Railway Labor Act (1926) 64 Norris-Laguardia Act (1932) 66 Wagner and Taft-Hartley Acts (as

Amended) 68 Definitions 68 National Labor Relations Board 70 Unfair Labor Practices 70 Representation Elections 73 Unfair Labor Practice Charges and NLRB Procedures 73 Right-to-Work Laws 73 Religious Objections to Union Membership in Health Care Organizations 73 Federal Mediation and Conciliation Service 74 National Emergency Disputes 74 Suits, Political Action, and Financial Relationships 74 Summary and Overview 74

Landrum-Griffin Act (1959) 75 Bill of Rights for Union Members 75 Reports Required of Unions and Employers 75 Trusteeships 76

Other Federal Laws and Regulations 76 Byrnes Act (1936) 76 Copeland Anti-Kickback Act (1934) 76 Racketeer Influenced and Corrupt Organizations Act (1970) 76

Other Major Employment Laws 77 Effects of Implementation of Laws 82

Federal Departments and Agencies 82 Department of Labor 82 Federal Mediation and Conciliation Service 86 National Mediation Board 86 National Labor Relations Board 87 Pension Benefit Guaranty Corporation 90

Labor Law Reform: A Continuing Controversy 90

Trade Treaties 92 Summary 92 Discussion Questions 93 Key Terms 93 Selected Web Sites 93

Chapter 4 Union Structure and Government 94 The Local Union 94

Local Union Democracy 96 Functional Democracy 98 Independent Local Unions 101

National Unions 101 National Union Goals 103 National Union Jurisdictions 104 National Structure 105 National-Local Union Relationship 113 National Union Headquarters Operations 114 National Union Governance and Politics 116 National Unions and Public Policy 117

TheAFL-CIO 117 The Change to Win Coalition 118 State and Local Central Bodies 119

Overview of the Union Hierarchy 120 National Union Mergers 120 Union Finances 121

Financial Malfeasance 122 Pension Administration 123

Summary 123 Discussion Questions 124 Key Terms 125 Selected Web Sites 125

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Chapter 5 Unions: Member and Leader Attitudes, Behaviors, and Political Activities 126

The Individual and the Local Union 127 Joining, Socialization, and Leaving 127 Member Participation 130 Commitment to the Union 135 Local Union Effectiveness and Member Behavior 139

The Individual as a Union Officer 139 Stewards 139 Local Officers 141

National Unions and Their Environment 142 Employment Law and Administration 143 The Economy 143 Globalization and Organized Labor 144 Political Action 146 Lobbying 152 Use of Union Dues for Political Activity 154

Summary 154 Discussion Questions 155 Key Terms 155 Selected Web Sites 155

Chapter 6 Union Organizing Campaigns 156 Organizing and Union Effectiveness 157 How Organizing Begins 157

The Framework for Organizing 158 Representation Elections 160

Bargaining-Unit Determination 163 Legal Constraints 163 Jurisdiction of the Organizing Union 164 The Union's Desired Unit 164 The Employer's Desired Unit 165 NLRB Policy 166 Other Issues in Unit Determination 168 The Railway Labor Act and Airline Mergers 169

The Organizing Campaign 170 Employer Size and Elections 172

General Organizing Campaign Rules 173 Union Strategy and Tactics 175 Management Strategy and Tactics 182

The Role of the NLRB 184 Election Certifications 184 Setting Aside Elections 185 The Impact of Board Remedies 185 Election Outcomes 186 Other Types of Representation Changes 187 Contextual Characteristics Related to Election Results 187

First Contracts 189 Summary 191 Discussion Questions 191 Key Terms 192 Web Sites 192 Case: GMFC Custom Conveyer

Division 193

Chapter 7 Union Avoidance: Rationale, Strategies, and Practices 195 Historical Overview 196

Capitalistic and Trade Union Philosophies 196 Employer Resistance before World War II 196 The Corporatist Period 197 Union-Free Employment 198

The Economic Rationale 198 Inflexible Rules 199 Profitability 199 Shareholder Value 199 Company Investment Decisions 200 Industrial Structure 200

Union-Free Approaches 201 Environmental Factors Associated with Union Avoidance 201 Wage Policies 202 Nonwage Policies 203 Employment Security 204 Employee "Voice" Systems 205 Other Innovative Techniques 208 Developing Practices in Nonunion Employee Relations 209

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Preventive Programs 211 Management Campaign Tactics in

Representation Elections 212 Decertifications 214 Job Structuring 215 Summary 215 Discussion Questions 216 Key Terms 216 Case: Locating the New Recreational Vehicle

Plant 217

Chapter 8 The Environment for Bargaining 218 The Legal and Political Structure 219

Regulation of Employment 220 Waxing and Waning of Corporatist Approaches in U.S. Labor Relations 222

Public Policy and Industrial Organization 223

Competition and Concentration in Markets 224

Regulation and Deregulation 225 Global Competition 226 Labor Force Demographics and Employer

Growth 228 Changes in Consumer Demand 229 Employer Interests 230

Labor as a Derived Demand 230 Labor-Capital Substitution 233 Labor Markets 235

Employee Interests 236 Union Interests 237 Bargaining Power 237

Ability to Continue Operations (or Take a Strike) 238 Union Bargaining Power 240

Bargaining Structures 240 Multiemployer Bargaining 241 Industryivide Bargaining 243 National/Local Bargaining 244 Wide-Area and Multicraft Bargaining 244 Pattern Bargaining 245 Conglomerates and Multinationals 246 Coordinated Bargaining 247

Craft Units within an Employer 249 Centralization and Decentralization in Bargaining 249 Changes in Industrial Bargaining Structures and Outcomes 250 Public Policy and Court Decisions 251 Influence of Bargaining Power and Structure 252

Summary 253 Discussion Questions 254 Key Terms 254 Case: Material Handling Equipment

Association Bargaining Group 255

Chapter 9 Wage and Benefit Issues in Bargaining 256 Union and Employer Interests 257 Components of Wage Demands 257

Equity 257 Ability to Pay 258 Standard of Living 259

Pay Programs 259 Pay Level 261 Pay Structure 262 Pay Form 268 Pay System 278

Union Effects on Pay 286 Union Effects on Pay Levels 286 Union Effects on Pay Structures and Inequality 292 Union Effects on Pay Form 293 Union Effects on Pay Systems 294

Union Effects on Firm Performance 295 Productivity 295 Organizational Investment and Growth Decisions 296 Profitability and Returns to Shareholders 297

Wage Clauses Found in Contracts 299 Summary 299 Discussion Questions 300 Key Terms 300 Web Sites 300 Case: Health Care Bargaining and the

PPACA 301

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Chapter 10

Nonwage Issues in Bargaining 302

Nonwage Provisions of Current Contracts 303 Union and Management Goals For Nonwage

Issues 304 Design of Work 304

Work Design History 305 Hours of Work 310

Federal Wage and Hour Laws 310 Collective Bargaining and Work Schedules 311 Entitlements to and Restrictions on Overtime 311 Shift Assignments and Differentials 311 Alternative Work Schedules 311 Paid Time Off 312

Length of Contracts 313 Union and Management Rights 313 Discipline and Discharge 314 Grievance and Arbitration 315 Strikes and Lockouts 316 Union Security 316 Working Conditions and Safety 318 Seniority and Job Security 319

Layoff Procedures 319 Promotions and Transfers 320 Time Away from Work 320

Effects of Unions on Nonwage Outcomes 320 Union Influences on Hiring 321 Promotions, Transfers, and Turnover 322 Retirement Programs 324 Job Satisfaction 324

Summary 326 Discussion Questions 327 Key Terms 327 Case: GMFC Attitude Survey 327

Chapter 11

Contract Negotiations 328

Management Preparation 330 Negotiation Objectives and the Bargaining Team 330 Reviewing the Expiring Contract 330 Preparing Data for Negotiations 331 Identification of Probable Union Demands 331

Costing the Contract 332 Bargaining Books 335 Strike Preparation 338 Strategy and Logistics 338

Union Preparation 339 National-Level Activities 339 Local-Level Preparations 340

Negotiation Requests 341 What Is Bargaining? 341 Behavioral Theories of Labor

Negotiations 343 Distributive Bargaining 343 Integrative Bargaining 344 Attitudinal Structuring 344 Intraorganizational Bargaining 347

Bargainers and the Bargaining Environment 348 Attributes of the Parties 348 The Process of Negotiation 350 Perceptions of Bargainers 352 The Roles of the Actors in Negotiations 353

Contract Negotiations 354 Initial Presentations 354 Bargaining on Specific Issues 355 Tactics in Distributive Bargaining 355 Committing to a Position 356 Deadlines 356 Settlements and Ratifications 357 Nonagreement 358

The Bargaining Environment and Outcomes 358

Summary 360 Discussion Questions 361 Key Terms 361 Mock Negotiating Exercise 362

A. Contract Costing 362 B. Approach 368 C. Demands 368 D. Organization for Negotiations 370 E. Negotiations 371

F. Additional Information 371

Agreement between General Manufacturing & Fabrication Company, Central City, Indiana, and Local 384, United Steelworkers of America AFL-CIO 376

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Chapter 12 Impasses and Their Resolution 399 Impasse Definition 399 Third-Party Involvement 400 Mediation 400

Mediator Behavior and Outcomes 401 Mediator Backgrounds and Training 404 Mediator Activity 404

Fact-Finding 406 Fact-Finding and the Issues 406

Interest Arbitration 407 Review of Third-Party Involvements 407 Strikes 409

Strike Votes and Going Out 409 Picketing 411 Slowdowns 413 Corporate Campaigns 414 Coordinated Campaigns 415 Employer Responses to Strikes 415 Rights of Economic Strikers 419 Evidence on the Incidence, Duration, and Effects of Strikes 420

Boycotts 426 Lockouts 427

Perishable Goods 427 Multiemployer Lockouts 429 Single-Employer Lockouts 429

Bankruptcies 430 Summary 432 Discussion Questions 433 Key Terms 433 Selected Web Sites 433 Case: GMFC Impasse 434

Chapter 13 Union-Management Cooperation 435

Labor and Management Roles and the Changing Environment 435 Organizing and the Evolving Bargaining Relationship 436 Preferences of Management and Labor 437 Levels of Cooperation and Control 437

Integrative Bargaining 438 Mutual-Gains Bargaining 439 FMCS Innovations 440 The Use and Effects of Interest-Based Bargaining 442

Creating and Sustaining Cooperation 444 Methods of Cooperation 446

Areawide Labor-Management Committees 446 Joint Labor-Management Committees 447 Workplace Interventions 448 Alternative Governance Forms 455 Union Political Processes and the Diffusion of Change 455 Management Strategy 457 Research on the Effects of Cooperation across Organizations 457 Research on the Long-Term Effects of Cooperation 460

High-Performance Work Organizations 462 Workplace Restructuring 462

The Legality of Cooperation Plans 463 Employee Stock Ownership Plans 464 The Diffusion and Institutionalization of

Change 465 Maintaining Union-Management Cooperation in the Face of External Change 466

Summary 466 Discussion Questions 467 Key Terms 467 Selected Web Sites 467 Case: Continuing or Abandoning

the Special-Order Fabrication Business 468

Chapter 14 Contract Administration 469 The Duty To Bargain 469

Conventional Contract Administration 470 Empowered Work Environments 470

Issues in Contract Administration 470 Discipline 471 Incentives 471 Work Assignments 472

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Individual Personnel Assignments 472 Hours of Work 472 Supervisors Doing Production Work 473 Production Standards 473 Working Conditions 473 Subcontracting 473 Outsourcing 474 Past Practice 474 Rules 474 Discrimination 474 Prevalence of Issues 475

Grievance Procedures 475 Steps in the Grievance Procedure 475 Time Involved 479

Methods of Dispute Resolution 481 Project Labor Agreements 481 Grievance Mediation 481 Wildcat Strikes 482 Discipline for Wildcat Strikes 483

Employee and Union Rights in Grievance Processing 484 To What Is the Employee Entitled? 484 Fair Representation 485

Grievances and Bargaining 487 Union Responses to Management Action 487 Fractional Bargaining 488 Union Initiatives in Grievances 489 Individual Union Members and Grievances 490

Effects of Grievances on Employers and Employees 493

Summary 495 Discussion Questions 496 Key Terms 496 Case: New Production Equipment:

Greater Efficiency with Less Effort or a Speedup? 496

Chapter 15 Grievance Arbitration 498

What Is Arbitration? 498 Development of Arbitration 499

Lincoln Mills 499 Steehuorkers' Trilogy 499

Boys Markets Relaxes Norris-LaGuardia 501 14 Perm Plaza and Deferral of Statutory Grievances to Arbitration 501 Additional Supreme Court Decisions on Arbitration in Unionized Firms 502 NLRB Deferral to Arbitration 504

Arbitration Procedures 505 Prearbitration Matters 505 Selection of an Arbitrator 505 Sources and Qualifications of Arbitrators 507 Prehearing 510 Hearing Processes 511 Representatives of the Parties 512 Presentation of the Case 512 Posthearing 512 Evidentiary Rules 512 Arbitral Remedies 514 Preparation of the Award 514

Procedural Difficulties and Their Resolutions 515 Expedited Arbitration 517 Inadequate Representation 518

Arbitration of Discipline Cases 518 Role of Discipline 518 Evidence 519 Uses of Punishment 519 Substance Abuse Cases 521 Sexual Harassment Violations 521 Fighting 522 Work-Family Conflicts 522 E-Mail Abuse 522

Arbitration of Past-Practice Disputes 523

Arbitral Decisions and the Role of

Arbitration 525 Summary 525 Discussion Questions 526 Key Terms 526 Selected Web Sites 526 Cases 526

Case 1 526 Case 2 527 Case 3 528 Case 4 529

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Chapter 16 Public Sector Labor Relations 530 Public Sector Labor Law 530

Federal Labor Relations Law 531 State Labor Laws 532

Public Employee Unions 536 Bargaining Rights and Organizing 543 Public Sector Bargaining

Processes 544 Bargaining Structures 544 Management Organization for Bargaining 544 Multilateral Bargaining 544 Bargaining Outcomes 546 Union-Management Cooperation 550

Impasse Procedures 552 Fact-Finding 552 Arbitration 553 Strikes 559

Summary 561 Discussion Questions 562 Key Terms 562 Case: Teacher Bargaining at Pleasant

Ridge 562

Chapter 17 A Survey of Labor Relations in Market Economies 565 The Development of Labor Movements 566 The Structure of Labor Movements 568

Works Councils 569 Globalization 571

Organizing and Representation 575 Bargaining Issues 578 Bargaining Structures 580 Impasses 583 Union-Management Cooperation 584 Contract Administration 587 Public Sector Unionization 587 Comparative Effects of Unionization 587 Summary 592 Discussion Questions 592 Key Terms 592

Glossary 593

Author Index 605

Subject Index 611