Labor Relations

© Nancy Brown Johnson, 2000

http://www.americanrightsatwork.org/workersrights/colbert_kyriver.cfm

Learning OutcomesStudents will be able to explain the

underlying premise of the US labor movement.

Students will be able to provide an overview of US labor laws.

Students will be able to explain the reasons for the decline in the US labor movement

History: Early Union AttemptsUtopian SchemesLegislation: Populist

MovementsRadical Movements:

Syndicalists

Knights of LaborAbolish wage system using

educationDid not believe in strikesOrganized workers by

geographyStrikes gained them members

American Federation of Labor (AFL)No reformist goals-accepted

capitalismCollective bargaining StrikesCraft union autonomyNo legislative attemptsBusiness Unionism

Early Legal EnvironmentCommon LawCriminal Conspiracy Doctrine- 1794Ends/Means Test- 1842

ends to raise wages means was the strike

InjunctionYellow-dog contract

Norris-LaGuardia

1932Restricted use of the

InjunctionMade yellow-dog contracts

unenforceableNeutral

Congress for Industrial Organization (CIO)

Industrial v. craftKicked out of AFLSuccessfully organized

auto, steel, rubber

National Labor Relations Act NLRA (1935)Also Wagner ActPro-laborProvided for union electionCreated Employer Unfair Labor

PracticesCreate National Labor Relations

Board (NLRB) to enforce

Employer Unfair Labor PracticesCannot threaten, restrain, or

coerce employees in attempting to unionize

Must bargain in good faithEmployer must not discriminate

based upon union activityNo company unions

Taft-Hartley (1947)“Slave labor bill”Established union unfair labor

practicesFederal Mediation & Conciliation

Service (FMCS)Precluded secondary activityRight-to-work laws

Landrum-Griffin (1959)Labor Management Reporting and

Disclosure ActUnion Financial ReportingEmployee Bill of RightsUnion Representative Elections

Public Sector LawsFederal - Civil Service Reform Act

1978 federal workers could join unions cannot negotiate wages cannot strike

State and Local enacted on state by state basis usually precludes right to strike

Union MembershipPeaked in 1955 at 35%Today approximately 12.4%Public sector workers 37.4

percentEducation, training, and library

occupations 38.1 percent

Reasons for the DeclineGlobal EconomyDeregulationMove from Manufacturing to

ServicesLaws Providing Employment

ProtectionMore Aggressive Management

Tactics

Why People Vote for Unions

Dissatisfied with wages & working conditions

Believe union can improve (instrumentality)

No other choice

Union Effects

Exit/Voice Hypothesis

Voice - complain

Exit - leave

Union EffectsVoice

unions encourage voice decreases turnover increases productivity

Monopoly unions raise wages cause labor market inefficiencies

Contract Negotiation Process

Distributive bargaining (win-lose)

Integrative bargaining (win-win)

Attitudinal StructuringIntra-organizational bargaining

Union Bargaining Power

Product Demand is strong Product Perishability is high Capital intensive Replacement workers not available Single production sites or Facilities are not very integrated Lack of product substitutes

Impasse-Resolution Procedures:Strike Alternatives

MediationArbitrationGrievance Procedures

Grievance Procedures1 Oral: supervisor.2 Written: higher level manager-

steward and management representative meet.

3 Written Appeal: top level / labor relations staff.

4 Arbitration: final & binding decision.

Measuring Labor Relations EffectivenessStrikesWages and BenefitsProductivityProfits