BANGOR TRANSFER ABROAD PROGRAMME EMPLOYMENT RELATIONS

BANGOR TRANSFER ABROAD BANGOR TRANSFER ABROAD PROGRAMMEPROGRAMME

EMPLOYMENT RELATIONSEMPLOYMENT RELATIONS

Copyright © 2011 Pearson Education, Inc. publishing as Prentice Hall 15–2

Why Do Workers Organize?Why Do Workers Organize?

• SolidaritySolidarity To get their fair shareTo get their fair share

Improved wages, hours, working conditions, and Improved wages, hours, working conditions, and benefitsbenefits

To protect themselves from management whimsTo protect themselves from management whims

• Conditions Favoring Employee OrganizationConditions Favoring Employee Organization Low moraleLow morale Fear of job lossFear of job loss Arbitrary management actionsArbitrary management actions


What Do Unions Want?What Do Unions Want?

Increased workplace security for the union

Improved wages, hours, working conditions, job

security, and benefits

Union Bargaining Aims


Union SecurityUnion Security

Closed shop

Open shop

Union shop

Types of Union Security

Agency shop

Membership

maintenance


Unfair Employer Labor PracticesUnfair Employer Labor Practices• To “interface with, restrain, or coerce employees” To “interface with, restrain, or coerce employees”

in exercising their right of self-organizationin exercising their right of self-organization

• To dominate or interfere with either the formation To dominate or interfere with either the formation or the administration of labor unionsor the administration of labor unions

• To discriminate against employees for legal union To discriminate against employees for legal union activitiesactivities

• To discharge or discriminate against employees who To discharge or discriminate against employees who file unfair practice charges against the companyfile unfair practice charges against the company

• To refuse to bargain collectively with their employees’ To refuse to bargain collectively with their employees’ representativesrepresentatives


Unfair Union Labor PracticesUnfair Union Labor Practices• To restrain or coerce employees from exercising To restrain or coerce employees from exercising

their guaranteed bargaining rights.their guaranteed bargaining rights.

• To cause an employer to discriminate against To cause an employer to discriminate against employees in order to encourage or discourage employees in order to encourage or discourage their membership in a union.their membership in a union.

• To refuse to bargain in good faith with the employer To refuse to bargain in good faith with the employer about wages, hours, and other employment conditions. about wages, hours, and other employment conditions. Certain strikes and boycotts are also unfair practices.Certain strikes and boycotts are also unfair practices.

• To engage in “featherbedding” (requiring an employer To engage in “featherbedding” (requiring an employer to pay an employee for services not performed).to pay an employee for services not performed).


FIGURE 15–4 Union Avoidance: What Not to Do

• Watch what you say. Angry feelings of the moment may get you in trouble.

• Never threaten workers with what you will do or what will happen if a union comes in. Do not say, for example, that the business will close or move, that wages will go down or overtime will be eliminated, that there will be layoffs, etc.

• Don’t tell union sympathizers that they will suffer in any way for their support. Don’t terminate or discipline workers for engaging in union activities.

• Don’t interrogate workers about union sympathizers or organizers.

• Don’t ask workers to remove union screensavers or campaign buttons if you allow these things for other organizations.

• Don’t treat pro-union or anti-union workers any differently.

• Don’t transfer workers on the basis of union affiliation or sympathies.

• Don’t ask workers how they are going to vote or how others may vote.

• Don’t ask employees about union meetings or any matters related to unions. You can listen, but don’t ask for details.

• Don’t promise workers benefits, promotions, or anything else if they vote against the union.

• Avoid becoming involved—in any way—in the details of the union’s election or campaign, and don’t participate in any petition movement against the union.

• Don’t give financial aid or any support to any unions.

Any one of these practices may result in a finding of “unfair labor practices,” which may in turn result in recognition of a union without an election, as well as fines for your firm.

Human resources professionals must be very careful to do the following during union activities at their firms:


Violations of Good Faith BargainingViolations of Good Faith Bargaining

1.1. Surface bargainingSurface bargaining

2.2. Inadequate concessionsInadequate concessions

3.3. Inadequate proposals and demandsInadequate proposals and demands

4.4. Dilatory tacticsDilatory tactics

5.5. Imposing conditionsImposing conditions

6.6. Making unilateral changes in conditionsMaking unilateral changes in conditions

7.7. Bypassing the representativeBypassing the representative

8.8. Committing unfair labor practices during negotiationsCommitting unfair labor practices during negotiations

9.9. Withholding informationWithholding information

10.10. Ignoring bargaining itemsIgnoring bargaining items


Preparing for NegotiationsPreparing for Negotiations• Sources of Negotiating InformationSources of Negotiating Information

Local and industry pay and benefits comparisons Local and industry pay and benefits comparisons

Distribution of demographics of the workforceDistribution of demographics of the workforce

Benefit costs, overall earnings levels, and the amount and Benefit costs, overall earnings levels, and the amount and cost of overtimecost of overtime

Cost of the current labor contract and the increased cost—total, Cost of the current labor contract and the increased cost—total, per employee, and per hour—of the union’s demandsper employee, and per hour—of the union’s demands

Grievances and feedback from supervisorsGrievances and feedback from supervisors

Attitude surveys of employeesAttitude surveys of employees

Informal conferences with local union leadersInformal conferences with local union leaders


Classes of Bargaining ItemsClasses of Bargaining Items

Mandatory items

Illegal items

Bargaining Item Categories

Voluntary items


TABLE 15–1 Bargaining Items

Mandatory Permissible Illegal

Rates of pay

Wages

Hours of employment

Overtime pay

Shift differentials

Holidays

Vacations

Severance pay

Pensions

Insurance benefits

Profit-sharing plans

Christmas bonuses

Company housing, meals, and discounts

Employee security

Job performance

Union security

Management–union relationship

Drug testing of employees

Indemnity bonds

Management rights as to union affairs

Pension benefits of retired employees

Scope of the bargaining unit

Including supervisors in the contract

Additional parties to the contract such as the international union

Use of union label

Settlement of unfair labor charges

Prices in cafeteria

Continuance of past contract

Membership of bargaining team

Employment of strike breaker

Closed shop

Separation of employees based on race

Discriminatory treatment


Bargaining StagesBargaining Stages

1.1. Presentation of initial demandsPresentation of initial demands Both parties are usually quite far apart on some issues.Both parties are usually quite far apart on some issues.

2.2. Reduction of demandsReduction of demands Each side trades off some of its demands to gain others.Each side trades off some of its demands to gain others.

3.3. Subcommittee studiesSubcommittee studies The parties form joint subcommittees to try to work out The parties form joint subcommittees to try to work out

reasonable alternatives.reasonable alternatives.

4.4. An informal settlementAn informal settlement Each group goes back to its sponsor.Each group goes back to its sponsor. Union members vote to ratify the agreement.Union members vote to ratify the agreement.

5.5. Signing the formal agreementSigning the formal agreement


Bargaining HintsBargaining Hints

1.1. Be sure to set clear objectives for every bargaining Be sure to set clear objectives for every bargaining item, and be sure you understand the reason for each.item, and be sure you understand the reason for each.

2.2. Do not hurry.Do not hurry.

3.3. When in doubt, caucus with your associates.When in doubt, caucus with your associates.

4.4. Be well prepared with data supporting your position.Be well prepared with data supporting your position.

5.5. Strive to keep some flexibility in your position.Strive to keep some flexibility in your position.

6.6. Don’t concern yourself just with what the other party Don’t concern yourself just with what the other party says and does; find out why.says and does; find out why.

7.7. Respect importance of face saving for the other party.Respect importance of face saving for the other party.

8.8. Be alert to the real intentions of the other party—not Be alert to the real intentions of the other party—not only for goals, but also for priorities.only for goals, but also for priorities.


Bargaining Hints (cont’d)Bargaining Hints (cont’d)

9.9. Be a good listener.Be a good listener.

10.10. Build a reputation for being fair but firm.Build a reputation for being fair but firm.

11.11. Learn to control your emotions and use them Learn to control your emotions and use them as a tool.as a tool.

12.12. As you make each bargaining move, be sure you As you make each bargaining move, be sure you know its relationship to all other moves.know its relationship to all other moves.

13.13. Measure each move against your objectives.Measure each move against your objectives.

14.14. Remember that collective bargaining is a compromise Remember that collective bargaining is a compromise process. There is no such thing as having all the pie.process. There is no such thing as having all the pie.

15.15. Try to understand the people and their personalities.Try to understand the people and their personalities.


When Bargaining StopsWhen Bargaining Stops• An Impasse An Impasse

Usually occurs because one party is demanding Usually occurs because one party is demanding more than the other will offer. more than the other will offer.

Sometimes an impasse can be resolved through Sometimes an impasse can be resolved through a third party—a disinterested person such as a a third party—a disinterested person such as a mediator or arbitrator. mediator or arbitrator.

If the impasse is not resolved:If the impasse is not resolved:

The union may call a work stoppage, or strike, The union may call a work stoppage, or strike, to put pressure on management.to put pressure on management.

Management may lock out employees.Management may lock out employees.


Resolution of an ImpasseResolution of an Impasse

Mediation Arbitration

Third Party Involvement

Fact finding


Third-Party InvolvementThird-Party Involvement• MediationMediation

A neutral third party (mediator) tries to assist A neutral third party (mediator) tries to assist the principals in reaching an agreement by the principals in reaching an agreement by holding meetings with each party to find holding meetings with each party to find common ground for further bargaining.common ground for further bargaining.

The mediator is a go-between and has no The mediator is a go-between and has no authority to dictate terms or make concessions.authority to dictate terms or make concessions.

The mediator communicates assessments The mediator communicates assessments of the likelihood of a strike, the possible of the likelihood of a strike, the possible settlement packages available, and the like.settlement packages available, and the like.


Third-Party Involvement (cont’d)Third-Party Involvement (cont’d)• Fact FinderFact Finder

A neutral party who studies the issues in a A neutral party who studies the issues in a dispute and makes a public recommendation dispute and makes a public recommendation for a reasonable settlement.for a reasonable settlement.

• ArbitrationArbitration An arbitrator often has the power to determine An arbitrator often has the power to determine

and dictate the settlement terms. and dictate the settlement terms. Binding arbitration can guarantee a solution Binding arbitration can guarantee a solution

to an impasse.to an impasse. Interest arbitration for labor agreementsInterest arbitration for labor agreements Rights arbitration defines the terms of Rights arbitration defines the terms of

existing contractsexisting contracts


Resolving an Impasse: Union Resolving an Impasse: Union StrikesStrikes

Economic strike

Unfair labor practice strike

Wildcat strike

Sympathy strike

Types of Strikes


Pressure Tactic AlternativesPressure Tactic Alternatives• UnionsUnions

PicketingPicketing Corporate campaignCorporate campaign BoycottBoycott Inside gamesInside games InjunctionsInjunctions

• EmployersEmployers Replacement workersReplacement workers LockoutsLockouts InjunctionsInjunctions


Main Sections of a Contract Main Sections of a Contract AgreementAgreement• Management rightsManagement rights

• Union security and automatic payroll dues deductionUnion security and automatic payroll dues deduction

• Grievance proceduresGrievance procedures

• Arbitration of grievancesArbitration of grievances

• Disciplinary proceduresDisciplinary procedures

• Compensation ratesCompensation rates

• Hours of work and overtimeHours of work and overtime

• Benefits: vacations, holidays, insurance, pensionsBenefits: vacations, holidays, insurance, pensions

• Health and safety provisionsHealth and safety provisions

• Employee security seniority provisionsEmployee security seniority provisions

• Contract expiration dateContract expiration date


GrievancesGrievances• GrievanceGrievance

Any factor involving wages, Any factor involving wages, hours, or conditions of hours, or conditions of employment that is used employment that is used as a complaint against the as a complaint against the employeremployer

• Sources of GrievancesSources of Grievances DisciplineDiscipline SenioritySeniority Job evaluationsJob evaluations Work assignmentsWork assignments OvertimeOvertime VacationsVacations Incentive plansIncentive plans Holiday payHoliday pay Problem employeesProblem employees AbsenteeismAbsenteeism InsubordinationInsubordination Plant rulesPlant rules


Grievance ProcedureGrievance Procedure• Grievant and shop steward meet with supervisor.Grievant and shop steward meet with supervisor.

If not resolved, employee files formal grievanceIf not resolved, employee files formal grievance

• Grievant and shop steward meet with supervisor’s boss. Grievant and shop steward meet with supervisor’s boss.

If grievance is not resolved, meeting with higher-level managers.If grievance is not resolved, meeting with higher-level managers.

• If not resolved, matter goes to arbitration.If not resolved, matter goes to arbitration.


Handling Grievances: DoHandling Grievances: Do1.1. Investigate and handle each case as though it may eventually Investigate and handle each case as though it may eventually

result in arbitration.result in arbitration.

2.2. Talk with the employee about his or her grievance; give the Talk with the employee about his or her grievance; give the person a full hearing.person a full hearing.

3.3. Require the union to identify specific contractual provisions Require the union to identify specific contractual provisions allegedly violated.allegedly violated.

4.4. Comply with the contractual time limits for handling the grievance.Comply with the contractual time limits for handling the grievance.

5.5. Visit the work area of the grievance.Visit the work area of the grievance.

6.6. Determine whether there were any witnesses.Determine whether there were any witnesses.

7.7. Examine the grievant’s personnel record.Examine the grievant’s personnel record.

8.8. Fully examine prior grievance records.Fully examine prior grievance records.

9.9. Treat the union representative as your equal.Treat the union representative as your equal.

10.10. Hold your grievance discussions privately.Hold your grievance discussions privately.

11.11. Fully inform your own supervisor of grievance matters.Fully inform your own supervisor of grievance matters.


Handling Grievances: Don’tHandling Grievances: Don’t1.1. Discuss the case with the union steward alone—the grievant should be Discuss the case with the union steward alone—the grievant should be

there.there.

2.2. Make arrangements with individual employees that are inconsistent with Make arrangements with individual employees that are inconsistent with the labor agreement.the labor agreement.

3.3. Hold back the remedy if the company is wrong.Hold back the remedy if the company is wrong.

4.4. Admit to the binding effect of a past practice.Admit to the binding effect of a past practice.

5.5. Relinquish to the union your rights as a manager.Relinquish to the union your rights as a manager.

6.6. Settle grievances on what is “fair.” Stick to the labor agreement.Settle grievances on what is “fair.” Stick to the labor agreement.

7.7. Bargain over items not covered by the contract.Bargain over items not covered by the contract.

8.8. Treat as subject to arbitration claims demanding discipline or discharge Treat as subject to arbitration claims demanding discipline or discharge of managers.of managers.

9.9. Give long written grievance answers.Give long written grievance answers.

10.10. Trade a grievance settlement for a grievance withdrawal.Trade a grievance settlement for a grievance withdrawal.

11.11. Deny grievances because “your hands are tied by management.”Deny grievances because “your hands are tied by management.”

12.12. Agree to informal amendments in the contract.Agree to informal amendments in the contract.


The Union Movement Today The Union Movement Today and Tomorrowand Tomorrow

• Reasons for the Decline in Union MembershipReasons for the Decline in Union Membership Laws have taken over much of the union’s role Laws have taken over much of the union’s role

as the workers’ protector.as the workers’ protector.

Automation, globalization, and technology have Automation, globalization, and technology have reduced jobs in unionized manufacturing sectors.reduced jobs in unionized manufacturing sectors.

Unions have failed to organize new plants.Unions have failed to organize new plants.

Management has become better at resisting Management has become better at resisting union-organizing efforts.union-organizing efforts.

• Upswing Coming?Upswing Coming? Unions have been more aggressive lately in organizing Unions have been more aggressive lately in organizing

public sector workers and white-collar workers.public sector workers and white-collar workers.


Public Employees and UnionsPublic Employees and Unions• Size of Public UnionsSize of Public Unions

The National Education Association; the American The National Education Association; the American Federation of State, County, and Municipal Employees; and Federation of State, County, and Municipal Employees; and the American Federation of Teachers—are among the the American Federation of Teachers—are among the largest U.S. unions.largest U.S. unions.

• Laws Supporting Public Sector OrganizingLaws Supporting Public Sector Organizing Executive Order 10988Executive Order 10988

Recognized organizing rights of public sector employeesRecognized organizing rights of public sector employees

Title VII of the Civil Service Reform Act of 1978 Title VII of the Civil Service Reform Act of 1978 (known as the Federal Labor Relations Act)(known as the Federal Labor Relations Act)

Established the Federal Labor Relations AuthorityEstablished the Federal Labor Relations Authority


Organizing professionals and white-collar

employees

Pushing “card check” for union recognition

Filing class action lawsuits to support

workers

Forming alliances with overseas unions

New Union Tactics


High-Performance Work Systems, High-Performance Work Systems, Employee Participation, and Employee Participation, and UnionsUnions• To avoid having participation programs viewed To avoid having participation programs viewed

as sham unions:as sham unions: Involve employees in the formation of programs.Involve employees in the formation of programs. Emphasize that programs exist only to address Emphasize that programs exist only to address

issues such as quality and productivity.issues such as quality and productivity. Don’t establish programs when union organizing Don’t establish programs when union organizing

activities are beginning.activities are beginning. Use volunteers and rotate membership.Use volunteers and rotate membership. Minimize management participation in programs to Minimize management participation in programs to

avoid interference or the perception of domination.avoid interference or the perception of domination.

Documents

BANGOR TRANSFER ABROAD PROGRAMME EMPLOYMENT RELATIONS