You are on page 1of 12

1

LABOR MANAGEMENT RELATIONS

Human Resource Management


College of Public and Community Service
University of Massachusetts at Boston
2008 William Holmes

LABOR MANAGEMENT RELATIONS


OVERVIEW

Labor Rights
Management Rights
Labor Obligations
Management Obligations
Creating Good Labor
Relations

LABOR RIGHTS

Wagner ActRight to Organize


Landrum-Griffin ActRight of
Construction to Closed Shop
Taft-Hartley ActRight to Decertify

LABOR OBLIGATIONS

Taft Hartley Actno closed shop


National Labor Relations ActNo
Secondary Strikes
State Right to Work Acts
Free Speech for All Employees

EXAMPLES OF UNFAIR
LABOR PRACTICE
Obstruct Management of Nonunion Employees
Obstruct Alternative Union Organizing
Punish Union Members from Complaining
About Union
Refuse to Consult or Negotiate in Good Faith
Engaging in Secondary Boycotts
Engaging in Featherbedding

MANAGEMENT RIGHTS
Taft Hartley ActSpeak Against
Unions
No Closed Ship
National Labor Relations Act
Requires Elections for Certification
Use of Right to Work Laws

MANAGEMENT OBLIGATIONS
Wagner Act
National Labor Relations
Act
State Closed Shop or
Union Shop Acts
Other Acts

UNFAIR MANAGEMENT PRACTICE


Obstruct Labor Rights
Obstruct or Promote Union Membership
Sponsor or Favor One Union Over
Another
Discipline or Impair Employees that File
Grievances, Complaints, or Testimony
Refuse to Consult or Negotiate in Good
Faith
Enforce Rules Conflicting with
Agreements if Agreements Precede Rules

EXAMPLES OF UNFAIR
MANAGEMENT PRACTICE

Punishing employee filing grievance


Firing employee organizing a union
Threatening prohibited punishments
Changing working conditions without
bargaining
Refusing mediation or arbitration when required
by contract
Excluding union reps from formal discussions

10

LEGAL LIMITATIONS

Employees at Will
Implied Contracts
Explicit Contracts
Statutory Exceptions
Constitutional Exceptions

11

INDICATIONS OF GOOD LABOR


RELATIONS: 1
Impact of union on mission is neutral
or positive
Employees dont project us/them
image
Changes are not made as last resort
Direct and indirect costs required by
contract are kept small

12

INDICATIONS OF GOOD LABOR


RELATIONS: 2
Management looks for
suggestions from union
Negotiated management
rules are not cumbersome
Grievance to Arbitration
ratio is high
Amount of litigation is low