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LABOR MANAGEMENT RELATIONS

Human Resource Management

College of Public and Community Service
University of Massachusetts at Boston
©2008 William Holmes
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LABOR MANAGEMENT RELATIONS

OVERVIEW
• Labor Rights
• Management Rights
• Labor Obligations
• Management Obligations
• Creating Good Labor
Relations
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LABOR RIGHTS

• Wagner Act—Right to Organize

• Landrum-Griffin Act—Right of
Construction to Closed Shop
• Taft-Hartley Act—Right to Decertify
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LABOR OBLIGATIONS

• Taft Hartley Act—no closed shop

• National Labor Relations Act—No
Secondary Strikes
• State “Right to Work” Acts
• Free Speech for All Employees
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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
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MANAGEMENT RIGHTS

• Taft Hartley Act—Speak Against

Unions
• No Closed Ship
• National Labor Relations Act—
Requires Elections for Certification
• Use of Right to Work Laws
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MANAGEMENT OBLIGATIONS

• Wagner Act
• National Labor Relations
Act
• State “Closed Shop” or
“Union Shop” Acts
• Other Acts
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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
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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”
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LEGAL LIMITATIONS

• Employees at Will
• Implied Contracts
• Explicit Contracts
• Statutory Exceptions
• Constitutional Exceptions
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INDICATIONS OF GOOD LABOR

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