Fundamentals of Human Resource Management: Labor Relations and Collective Bargaining

Fundamentals of Human Resource
Management
Fifth Edition
Chapter 13
Labor Relations
and Collective
Bargaining
Copyright © 2019, 2016, 2014 Pearson Education, Inc. All Rights Reserved
Learning Objectives (1 of 2)
1. Briefly describe the U.S. labor movement.
2. Explain how employee engagement may affect
unionization.
3. Discuss the nature of the major federal labor
relations laws.
Learning Objectives (2 of 2)
4. Describe the process of a union drive and
election.
5. Discuss the main steps in the collective
bargaining process.
6. Explain why union membership dropped and
what the prospects are for the union movement.
The U.S. Labor Movement
Employee engagement may affect
unionization
The Labor Movement
What do Unions Want?
• Union Security
– Closed Shop
– Union Shop
– Agency Shop
– Preferential Shop
– Maintenance of Membership
• Improved Wages, Hours, Working Conditions,
Benefits
• AFL-CIO and the SEIU
The nature of the major federal labor
relation laws
Unions and the Law
Period of Strong Encouragement
• The Norris-LaGuardia Act, 1932

• The National Labor Relations (Wagner) Act, 1935
– Banned unfair labor practices
– Provided for secret-ballot elections
– Created the National Labor Relations Board
(NLRB)
Unions and the Law
Period of Modified Encouragement
• The Taft-Hartley Act, 1947

– Rights of Employees
– Rights of Employers
– National Emergency Strikes
Unions and the Law
Period of Detailed Regulation
• The Landrum-Griffin Act, 1959

– Bill of rights
– Labor law today
Social Media and the NLRB
• Postings on Social Media
• NLRB stance
Process of a union drive and election
The Union Drive and Election (1 of 4)
Step 1: Initial Contact
• Labor Relations
Consultants
• Union Salting
• Performance through
HRIS
Step 2: Authorization
Cards
• 30% of eligible
employees
• Propaganda use
• No coercive practices
Step 3: The Hearing
• Bargaining unit
Step 4: The Campaign
• Supervisor’s role
• Rules on literature and solicitation
Step 5: The Election
• 30 to 60 days
• Decertification
• How to lose an NLRB
election
NLRA Union Campaign Violations (1 of 2)
Examples of Employer Conduct That Violates the NLRA:
• Threatening employees with loss of jobs or benefits if they join or vote for a union or
engage in protected concerted activity (such as two or more employees together asking
their employer to improve working conditions and pay)
• Threatening to close the plant if employees unionize
• Promising benefits to employees to discourage their union support
• Transferring, laying off, terminating, assigning employees more difficult work tasks, or
otherwise punishing employees because they engaged in union or protected concerted
activity
• Transferring, laying off, terminating, assigning employees more difficult work tasks, or
otherwise punishing employees because they filed unfair labor practice charges or
participated in an investigation by NLRB
NLRA Union Campaign Violations (2 of 2)
Examples of Labor Organization Conduct That Violates the NLRA:
• Threatening employees with loss of jobs unless they support the union
• Seeking the suspension, discharge, or other punishment of an employee for not being a
union member even if the employee has paid or offered to pay a lawful initiation fee and
periodic fees thereafter
• Refusing to process a grievance because an employee has criticized union officials or

because an employee is not a member of the union in states where union security clauses
are not permitted
• Fining employees who have validly resigned from the union for engaging in protected
concerted activities following their resignation or for crossing an unlawful picket line
• Engaging in picket line misconduct, such as threatening, assaulting, or barring nonstrikers

from the employer’s premises
• Striking over issues unrelated to employment terms and conditions or coercively

enmeshing neutrals into a labor dispute
The main steps in the collective
bargaining process
The Collective Bargaining Process (1 of 2)
• What is collective bargaining?
• What is good faith bargaining?
• The negotiating team
• Bargaining items
• Bargaining stages
Bargaining Items
MANDATORY PERMISSIBLE ILLEGAL
Rates of pay Indemnity bonds Closed shop
Wages Management rights as to union Separation of employees based
Hours of employment affairs on race
Overtime pay Pension benefits of retired Discriminatory treatment
Shift differentials employees
Holidays Scope of the bargaining unit
Vacations Including supervisors in the
Severance pay contract
Pensions Additional parties to the
Insurance benefits contract such as the
Profit-sharing plans international union
Christmas bonuses Use of union label
Company housing, meals, and Settlement of unfair labor
discounts charges
Employee security Prices in cafeteria
Job performance Continuance of past contract
Union security Membership of bargaining team
Management–union Employment of strikebreakers
relationship
Drug testing of employees
The Collective Bargaining Process (2 of 2)
• Impasses, mediation, and strikes
• The contract agreement
• Dealing with grievances
Why union membership dropped, and
what the prospects are for the union
movement
Summary
1. The labor movement in the United States and
the various arrangements
2. Engaged employees are less likely to support
unionization efforts
3. Labor laws influenced by the various federal
legislation acts
4. The five steps to union drives and elections
5. Bargaining collectively in good faith
6. Unions strategize to encourage ways in which to
stay visible and relevant
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Fundamentals of Human Resource

• The Norris-LaGuardia Act, 1932

• The Taft-Hartley Act, 1947

• The Landrum-Griffin Act, 1959

• Threatening to close the plant if employees unionize

• Promising benefits to employees to discourage their union support

• Refusing to process a grievance because an employee has criticized union officials or

• Engaging in picket line misconduct, such as threatening, assaulting, or barring nonstrikers

• Striking over issues unrelated to employment terms and conditions or coercively

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