Unit 8 Collective Bargaining ATTN: Mathguy18

BHR 4350, Collective Bargaining 1

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

7. Interpret arbitration of statutory rights in union and non-union cases.

Reading Assignment Chapter 10: Unfair Labor Practices and Contract Enforcement Chapter 12: The Arbitration Process Chapter 13: Comparative Global Industrial Relations

Unit Lesson Working in either union or nonunion environments, employees have made statements about the way the company operates in regards to how employees are treated and the overall organization employment practices. Some of the things that occur within many organizations make employees disgruntled and can lead to low company morale. When this occurs, many employees either seek other employment opportunities or look to file complaints about the organization. Chapter 10 in your textbook provides a great overview of unfair labor practices and contract enforcement in union environments. The National Labor Relations Act (NLRA), as with any law, requires effective enforcement of the collective bargaining agreement. Certain actions taken by employers or unions that violate the NLRA are known as unfair labor practices. Such acts may be investigated by the NLRB and may also lead to grievances being filed, mediation, and arbitration (Carrell & Heavrin, 2013). Unfair labor practices can include, but is not limited to:

1. companies interfering with organizing a bargaining unit, 2. organizing campaign, 3. discrimination against union members, and 4. refusal to bargain (Carrell & Heavrin, 2013).

There are many guidelines set in place that employers and unions should follow; however, unfair labor practices have been noted on both sides. Tips From the Expert, on the bottom of page 378 and top of page 379 in the textbook, spark interest. This section discusses the most common unfair labor practices unions and management should avoid and how they can do so. Please be certain to read this section as it provides a great overview of unfair labor practices from both sides. With unfair labor practices, companies try to avoid employee walkouts and strikes. This is always a major concern. As discussed in the previous unit, many organizations have grievance procedures that employees should adhere to. However, it was noted that the grievance process is not always successful and can lead to mediation and arbitration. Some contracts have a choice of mediations in addition to arbitration. There is a noted difference with mediation. Mediation is a process where an arbitrator acts like a mediator. He or she knows the issues from both sides and attempts to work through the issues via problem solving techniques hoping to come to a resolution.

UNIT VIII STUDY GUIDE

Unfair Labor Practices and Arbitration

BHR 4350, Collective Bargaining 2

UNIT x STUDY GUIDE

Title

Arbitration uses a third party to listen to both sides of the issue, then decides the best course of action for both parties to follow. It is normally agreed that a decision by the arbitrator is final and binding by both sides. There are no set cases that are arbitrated. A great variety of important and complex issues are referred to arbitration. Some cases as pointed out in the textbook that present some difficulty include:

 issue of just cause for employee discipline or discharge—(Read Tips from the Experts at the top of page 457), and

 drug testing for substance abuse. However, seniority and absenteeism is generally simple to resolve. Disagreements over incompetence, holiday pay, and management rights are also common arbitration subjects (Carrell & Heavrin, 2013). For those employees working in nonunion environments, if they cannot meet with company supervisors, HR, and department heads, they will generally seek guidance through the Equal Employment Opportunity Commission (EEOC). Because there has been a rise in litigation costs and jury awards in cases of wrongful terminations, race, sex, discrimination and disability discrimination, even nonunion environments are starting to develop arbitration processes in efforts to handle employment disputes (Carrell & Heavrin, 2013). Profile 12-1, on page 441 of your textbook provides a look into the Anheuser Bush Program for nonunion employment disputes. Since the case decisions are left to the decision of the arbitrator, the arbitrator should be open-minded and not have any alliance to either side. The arbitrator should able to make an unbiased decision. The decision should be clear, concise, and leave no room for questions. Both sides should be well aware of what needs to be done and additional consequences if violated. If the case involves an employee who had been terminated but the decision has been made that the employee will receive his or her job back, then specific instructions must be addressed (i.e., date of return, work hours, if seniority will be reinstated, if employee will receive back pay, if employee return to same position and department). Everything should be stated clearly to leave no room for misunderstanding on either side. Although most of this course focused on labor practices in the United States, globalization is of interest because the United States does conduct business in foreign countries. One of the main issues that arise focuses on how global operations can lead to outsourcing, subcontracting, contract labor, and various other forms of nontraditional employment. This ultimately can impact the labor agreement and lead to layoffs. As you can see, labor relations can be a very complex subject. Companies should make certain they abide by all regulatory guidelines that relate to employment rather union or nonunion. When employees feel as though their rights have been violated, they will seek measures to be heard. By having well-defined processes in place, all involved will have a better understanding of what must be done. Keep in mind, there will always be some issues; however, if the organization is fair and consistent when handling employees concerns, many issues can be resolved in-house.

Reference

Carrell, M. R. & Heavrin, C. (2013). Labor relations and bargaining: Private and public sectors (10th ed.). Upper Saddle River, NJ: Pearson.