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57 Cards in this Set
- Front
- Back
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secondary boycott |
-industrial action by a union against a company on the grounds that does business with another company engaged in a labor dispute. Index |
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business unionism |
Professional organizations working to influence the work place ex. organization of Radiologists |
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exclusive jurisdiction |
When a union is given complete control of a company's employees, they have a contract for 1 year when they can be voted out only after the contract expires. |
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craft v. industrial unions |
-Industrial unionism-all workers belonging to single union (previously CIO); reputed for militarism bc uprisings in depression and had socialist organizations; -Craft unionism-only difficult to replace workers or employees with a skill such as teachers and construction workers -Government workers are a mix of both but mostly industrial |
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concessionary bargaining
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-started in 1980s -offered evidence that unions and workers do consider the employment effects of higher wages, particularly when they might lead to a plant closing. -the compromises that each side must make but mostly on union side |
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work rules |
a set of rules, usually established by one or more unions in an agreement with management, specifying the tasks to be done by each employee. |
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Railway Labor Act |
1926- Pro labor Legislation; extend to air transport in 1936. The first federal law to endorse the process of collective bargaining OK n the private sector. The act provides railway employees with the rights to organize and bargain collectively. |
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National Mediation Board |
Resultant of the National War Labor Board created by both Wilson and FDR during the world wars, which spread collective bargaining by facilitating negotiations between employers and employees in critical defense industries. -Federal Mediation and consultation service sent mediators to accomplish negotiations and contracts |
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Norris-LaGuardia Act |
1932- Pro Labor legislation limiting labor injunctions -Allows private-sectors employees "full freedom of association, self organizing, and designation of representative of their own choosing to negotiate in terms of employment" -Reduced interference from the courts, did not grant any new legal rights even with it being passed during the great depression |
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supervisor (as defined under NLRA) |
Are not covered by US labor Laws because they can "fire, hire, reward, and punish," which is not protected by law. This extends to really low level supervisors. |
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professional (as defined under NLRA) |
any employee engaged in work (i) predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work; (ii) involving the consistent exercise of discretion and judgment in its performance; (iii) of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; (iv) requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual, or physical processes; or (b) any employee, who (i) has completed the courses of specialized intellectual instruction and study described in clause (iv) of paragraph (a), and (ii) is performing related work under the supervision of a professional person to qualify himself to become a professional employee as defined in paragraph (a). |
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NLRB |
Established under the Wagner Act of 1935 -approves union as exclusive rep. when members express a majority wish for a certain union -Initially made with the idea of encouraging collective bargaining -Commons (father of labor relations) always had his students on the board under FDR -Conducts trial when there is employer unfair labor practices; discriminating against union supporters, establishing compensation, unions failure to bargain in good faith. - |
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lock out |
-allowed between contracts but not during the life of a contract -the initiative an employer takes to close operations (and layoff employees) after an impasse is reached in contract negotiations |
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subject of bargaining (mandatory, permissive, illegal) |
-Permissive subjects of bargaining- any business decisions that have direct impact on employees must negotiate with union; opening plant is permissive, expansion of business is permissive, closing plant is not permissive. -Illegal subjects of bargaining; anything that breaks the law; hot cargo clause, exceptions to affirmative action laws, etc. -mandatory subjects of bargaining; wages, benefits, term of employment, must be willing to negotiate |
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recognition strike (organizing strike) |
industrial strike implemented in order to force a particular employer or industry to recognize a trade union as the legitimate collective bargaining agent for a company's workers. |
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Hot Cargo Clause |
-Addressed in the LMRDA outlawing unions from sympathetically helping others by not handling products that had been produced by a company that was on strike. -Mostly used by teamsters in shipping hot cargo. -teamsters said they could not be required to handle items produced by unions on strike |
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Taft-Hartley Act (LMRA) |
-Major strike wave in 1946 lead to creation of LMRA in 1947 -It attempted to get rid of NLRA but couldn't due to rate of 35% unionization -placed more emphasis on union unfair labor practices (ie strikes, boycotts, failure to bargain in good faith) -workers striking to support outside company workers was made illegal -limited union security provisions; states could vote to prohibit union shops labor-management contracts enforceable in federal courts -required people to sign contract saying they were not communist in order to hold office (red scare reaction) -Members still filed grievances and striked but no more wild cat strikes -Graduate students are not recognized as a union |
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Landrum-Griffin Act (LMRDA) |
Labor Management Reporting and Disclosure Act of 1959 was made when the MOB took over hotel union on National level in order to launder money, teamster union was corrupt with their connection to transportation. -made rules on internal affairs and conducting; contracts dictated regularly elected officials to weed out monopoly of corruption -union member bill of rights and financial reporting requirements for unions -Prohibited "hot cargo" contract clauses |
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bargaining power |
Total power- concerns the total profits that are available to labor and arrangement usually because of strength of economy and competition within industry; both sides like this because it means more money for everyone Relative power-relative strength of labor and management; ability to either side to gain a larger share of a given amount of profit. This is what brings the two sides up against each other. Unions utilize strikes, "blue flue," and "working to rule." Management's power is rooted in their ability to withstand a strike -construction workers can temporarily halt costly projects and therefore have a lot of bargaining power
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strike leverage |
-measured by knowing what costs a strike would impose on each party and what alternative income sources there are available to each party to offset any income losses induced by a strike. -2015 unions have far less than in the 1970s when union members were the majority of working populations |
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Marshall's four conditions |
-When labor cannot be easily replaced in the production -when the demand for the final product is price inelastic (demand is not sensitive to changes in the price of the product) -when the supply of nonlabor factors of production is price inelastic -when the ratio of labor costs to total costs is small **wage increases will lead to large reductions in employment. Unions are most powerful when the demand for labor is highly inelastic** |
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management industrial relations patterns; nonunion (paternalistic, bureaucratic, HRM), union (conflict, new deal, participatory), union suppression, union substitution |
Paternalistic-typically used in small companies; discretion left to operating managers, es. granting leaves of sickness on cases by case; informal, personal hierarchical, management discretion Bureaucratic-larger firms that find diversity in personnel practices of paternalistic firms too costly. Variation in policies can spur unionization and want to avoid that; formal, rules/written policies, scientific management, hierarchical, HRM-Increase flexibility and cost competitiveness beginning in 1970s, mixes the two together; nurturing strong corporate cultures, publishing company newsleters in order to have employees indentify their interests with the long-term interests of the firm; Flexible, teams, career development, individual Conflict-High costs on firm through lost output or low productivity with workers losing earnings; bad work environment bc 2 sides are always fighting (Post) New Deal- Mostly what the text covers; both sides work things out @ negotiation table dominating until the 80s; Formal, adversarial, rules based/seniority, grievance/arbitration system Participatory-mostly used in Europe, and contemporary firms and unions; flexible involvement, problem solving teams, employment security. ex. SW Airlines. |
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right-to-work laws (union shop, closed shop) |
union shops-must join the union closed shops-unions are not allowed; only a handful of places, mostly in New England areas where there are not law monitoring open/closed shops Management's Right Clause- contract allowing right to change something in contract at any time in trade for having union shop states with r2w = Alabama, Arizona, Arkansas, Kansas, FL (first), Ga, Idaho, Indiana, Iowa, Louisiana, Michigan, Mississippi, Nebraska, Nevada, NC, ND, Ok, SC, SD, TE, TX,UT, VA, Wisconsin (most recent), WY |
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AFL-CIO |
-Merged after WWI in 1955 when jurisdiction overlapped and CIO became less militant with the purge of their socialists. -a federation of national labor unions formed through the merger of the American Federation of Labor and the Congress of of Industrial Organizations with the goal of promoting the political objectives of the labor movement and assisting the member unions in their collective bargaining activities |
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national union |
-First=Federal Society of Journeymen Cordwainers, the union of Philadelphia shoemakers organized in 1794 was first modern trade union Labor Federation-represent unions to federal govt and intl labor groups, coordinate relations between unions, maintain ethical standards of unions, provide services, such as education programs, organizing assistance National union- take wages out of competition, organize, provide expertise in negotiations, grievances, provide strike support, represent members' interests Local Union- ensure collective agreement is followed, represent workers in collective bargaining, participate in labor-management meetings, plan local social/political activities |
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servicing model |
-good relationship with management is most important -Attitude to newbies; little turnover in leadership, suspicious of newcomers -Settle grievances at highest level with company or through arbitration -stewards are appointed by union leadership -bargaining is done through a small committee with negotiations often kept secret until a settlement is reached -reluctant to involve members in bringing pressure on employer -members view the union as an insurance policy or a "third party" to call on when they have a problem. -health benefits and bonuses for independent contractors such as in Working Today firm in NYC -caucuses or network groups formed to support African Americans, women, LBGTQA and others within a workplace. |
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organizing model |
-defending members is most important -inclusive to all, tries to reflect workforce in composition of union leadership -tries to involve all members in all departments with grievance handling -Make immediate supervisor settle grievances by showing solidarity of workers -stewards are elected by co-workers -large bargaining commitee, constant flow of information to members -Strategy and tactics encourage initiative and creativity of members to bring pressure on mgmt -union represents all workers organized and unorganized -members take personal responsibility for success or failure of the union -Has been used in the past to further social issues by mobilizing their people such as MLK unionizing sanitation workers bc mostly black |
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Change to Win |
-Federation created in 2005 bc of large split in unions: grassroots & organization techniques v. putting money into politics to win sympathetic office holders -SEIU, UNITE HERE, IBT teamsters and the ILIU issued joint proposal for reforms of AFL-CIO - 1. greater resources were needed to be devoted to organizing activity -2. Many existing unions were too small to devote adequate efforts to organizing, encouraged development and mergers -3. Aflcio was devoting too much of its political activities toward getting democrats elected -when these reforms were rejected the four plus united food and commercial workers created the CTW coalition |
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authorization card |
-union organizer's first step toward establishing a union as the exclusive bargaining unit; at least 30% of the election unit must sign indicating they would like an election to be held prior to the NLRB scheduling an election of union representation |
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election unit |
The group of employees the NLRB determines is eligible to vote in a union representation election. |
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campaign For exclusive jurisdiction |
-union comes in gets cards signed, petitions for an NLRB certification election, NLRB orders an election and then the campaigning begins prior to the conducting of the secret ballot election. -management campaigns against unions by offering competitive wages and fringe benefits, high rate of training and career development, extensive efforts to stabilize employment, participation in decision making, promotion systems, recognition of seniority, a nonunion grievance procedure, -if all of these fail, management may call meetings (group or individual) to explain its case for wanting a closed group. -unions will have government regulatory bodies neutralized employer opposition or will build community coalitions to support organizing efforts (SEIU "Justice for Janitors" campaign) |
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voluntary recognition |
-Company can decide to exclusively recgonize a union as the worker representatives if they demonstrate having enough interest with card signing -parties can create a more positive working relationship by avoiding campaign election hostility -UAW and GM; workers had not been hired yet when GM made UAW the union. NLRB decided that this was acceptable on the grounds that many of the workers would be carried over from previously being employed by GM at other plants. |
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employer election neutrality |
-many contracts define neutrality as "neither helping nor hindering" the union's organizing effort but may communicate "facts" to workers, other agreements make it clear that the employer will not communicate opposition to union representation |
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types of bargaining units (multiemployer, single employer-multiplant, single employer-single plant) |
Multiemployer- craft=construction, interstate trucking, longshoring, hospital assoc. Industrial=coal mining, hotel assoc. Single employer with multiple locations- craft=airlines, railroads, janitors, building security. Industrial=auto manufacturing, groceries, steel, clothing/textiles Single employer with single plant- craft=individual hospital, craft union in univ. Industrial=individual factories and individual hotels. |
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bargaining leverage |
Index. |
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whipsawing |
- playing the other side off against each other ex. republican party with the tea party & moderates |
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coalition bargaining |
-may be informal, or may involve multi-union bargaining or multi-employee bargaining -occurs when the unions that represent different groups of employees in a company coordinate their bargaining against that company |
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pattern bargaining |
-informal means for spreading terms and conditions of employment negotiated in one formal bargaining structure to another in order to keep wages out of competition. -In order to attract workers, provide competitive wages, or model what their benefits should look like firms and unions will look in geographic areas, national industry standards and sometimes similar industries (ex. many people fluctuate between nursing home nurses and hotel housekeepers so these firms will look to each other for fair pay) Intraindustry Pattern Bargaining- typically founded auto aerospace and airline industries where maintenance of patterns in the labor agreements are negotiated across industry-can reduce the number of strikes bc it serves as a standard for the acceptability of a proposed wage settlement and helps establish norms of equity among workers. Patterns within a firm- workers know when they are being paid differently. |
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sub-processes of bargaining (distributive, integrative, intra-organizational, attitudinal structuring) |
Distributive Bargaining-one side wins and one loses based on experience in negotiating or the economic strength one side has to outlast the other. Integrative bargaining- joint employee-management committees; they want the same things (health, productivity); join together for government regulations that enhance the market power of a firm (ex. 2001 the USW joined with a number of steel companies to lobby the US to restrict and impose higher tariffs on the steel imports) Intra-organizational bargaining- getting on side all on one side (national and local can have different priorities) Attitudinal structuring- its the gamesmanship of the parties involved; "there needs to be trust that the other side will deliver what they promise but it is the dance in between; bluffing, not bluffing, figuring out the weak spot o the other side and going after it; its coming clean while keeping some info to yourself" |
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cycle of negotiations |
Easy; Opening Proposals and prep; what are we willing to ask for? Unions can make a laundry list, management can tell HR negotiators. Make market projections to back up reason for what they want. Middle; Spying is illegal but the sides will gather information from people not committed to the other side. Attitudinal bargaining takes place by combining two contracts that were created by each side, and where there is disagreements the point is done in red (Muscolina). Assess priorities of adversaries, consider possible options for agreement & send signals. Final Stages; Point by point each side goes through the contract and signs off on what was decided. Clarify positions, consider specific options. -Side bar discussions are usually the first thing to take place, before negotiations even start but can continue throughout the process. |
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interest based bargaining |
A form of integrative bargaining whereby labor and management jointly frame and solve issues in order to reach solutions that provide gains to both sides |
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striker replacements |
-companies can replace workers during strikes permanently but during lockouts its only temporary; strike breakers can't be permanently replaced if its an economic strike (WHAT IS THIS?) |
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Bargaining Objectives |
Employer: minimize costs and maximize efficiency (could want to weak union or improve relations with it to accomplish this, ex. Caesars) Union: improve (maintain) wages and benefits, protect work rules, job security -May "trade off" in their objectives (almost always) in favor for work rules |
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Worker Solidarity |
-attitude of union members and whether picket lines will be honored, and any pent-up frustrations will influence workers' willingness to stay out on strike; strikes are highly emotional undertakings -alternative sources of worker income can help; union strike benefits, temporary part time work |
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NLRA |
-grants unions the right to strike and obligates employers to bargain in good faith -US federal regulations cover overtime hours, unemployment insurance, pensions, etc. |
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Employee Retirement Income Security Act (ERISA) |
1974 -specifies minimum standards for vesting of pension contributions -requires all future liabilities to be fully funded on an annual basis and all past unfunded liabilities be amortized over a number of years -establishes an insurance protection program for workers affected by plan terminations -policy problem is in the potential liabilities to the government from the termination of major multiemployer plans |
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Deregulation |
-1978 spurred the growth of nonunion carriers and concessionary bargaining in the unionized airlines -telecommunications industry led to a growth in the share and the breakup of a national bargaining structure in the former Bell Telephone System. |
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Yellow-Dog Contract |
an oath saying a worker would never join a union, and stay loyal to the company. |
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Haymarket Affair |
-Chicago strikers fought with scabs outside of McCormick Harvester Works, fight broken up by police -4 killed -striker mourned those killed in Haymarket square -Police show up, bomb goes off, police open fire killing 10 and wounding 50 |
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Homestead Strike |
-Carnegie Steel Company in 1892 -Long standing wage agreement with Amalgamated Association of Iron, Steel and Tin Workers but when Henry Clay Frick took charge there was an impasse in negotiations over new contract -Strikers fought the hired Pinkertons (armed guards there to protect the strike breakers), there were deaths on both sides until Pinkertons ran off -Spread to mills everywhere with more violence until all the union leaders were killed off or jailed thus sufficiently ending the strike and wiping out steel unions |
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Pullman Strike |
-Debbs led sympathetic work stoppage in railroads across the country when the Pullman Palace Car co. cut workers' wages by .22 during the 1893 depression -Injunction issued followed by Cleveland sending in troops |
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Three Tiered Framework of HR |
Strategic tier- includes plan location, make v. buy, and other long term decisions Functional tier- includes traditional HR activities such as staffing, training, compensation, and labor relations Workplace tier-covers day-to-day interactions between individual managers and employees |
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Unionized Firms Collective Bargaining Relationships |
Adversarial (possibly combined with greenfield's strategy) Accommodation Partnership |
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Determinants of Bargaining Structures |
Bargaining Leverage Whipsawing Coalition Bargaining Industry Structure and Stability |
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Corporate campaign |
An aggressive tactic by unions designed to increase the probability of organizing new workers by bringing public, financial, and political pressures on management |
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Lloyd lafollette |
Notes |
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National industrial Recovery act |
Notes |
