Download U.S. Labor Policy: Unionization, Bargaining, and Contract Administration and more Study notes Human Resource Management in PDF only on Docsity! BASIC FEATURES OF THE U.S. LABOR RELATIONS POLICY/SYSTEM 1. LEGAL RECOGNITION Federal Law covers private sector labor relations 1. National Labor Relations Act (1935) 2. Taft Hartley Amendment (1947) 3. Landrum Griffin Amendment (1959) Federal or State Law covers public sector labor relations 1. Civil Service Reform Act (1978) – federal employees 2. State Laws cover state public sector labor relations State Right to Work Laws Brief History of American Labor Movement 2. UNIONIZATION Legal Right to Form & Join Unions Exclusive Representation Unionization Process 1. Organizing Effort by Employees and/or Union 2. NLRB conducts Election if 30% support Union 3. Definition of Bargaining Unit (jobs) 4. Election Campaign by Employer and Union (30-45days) 5. Representation Election by secret ballot 6. If Union prevails, then 12 mos. to bargain contract 7. If Employer prevails, then must wait 12 mos. before new effort 8. Decertification – if employees do longer want union rep. Unfair Labor Practices – TIPS (Parameters for “Free Speech”) 3. COLLECTIVE BARGAINING (legislative process) Statutory vs. Contact Law – A Private System of Employment Law Decentralized by Industry or Sector Mandatory Subjects for Bargaining – Wages, Hours & Working Conditions “Good Faith” Bargaining Standard Negotiation Process 1. Two Types incorporated in same process: (1) Economic Distributive (2) Non – Economic Integrative 2. Proposals by both Parties & Search for Common Ground 3. Incremental Agreements during process 4. Each party has a set of desired outcomes, expectations, and tolerance limits – overlap results in “bargaining zone” 5. Final Offers resulting in Settlement or Impasse 6. Contract Ratification by Union (Employees Vote to Accept or Reject) Fact Finding and/or Mediation – FMCS Interest Arbitration Strikes & Lockouts – Hot Cargo & Secondary Boycotts Government Role is Passive except in national crisis situations Subcontracting issues & restrictions 4. LABOR CONTRACT ADMINISTRATION (admin. & judicial process) Employer has burden to implement terms of new labor contract Union Oversight during term of contract to insure compliance Dispute Resolution via Grievance Procedure 1. Contract Interpretation – Burden of Proof rests with Union 2. Disciplinary (“For Cause”) – Burden of Proof w/Employer 3. Multi-Step Process – Appeal to higher levels of Authority 4. Grievances vs. Bargaining during term of contract Arbitration as final step in Grievance Procedure (Exceptions) 1. Quid Pro Quo for No Strike/No Lockout clause 2. Joint Selection of Arbitrator – FMCS, AAA, other sources 3. Arbitrator’s Decision is Final and Binding on parties “Just Cause” Standard for employment-related actions toward employees Past Practice is controlling if Contract is silent on issue, provided it is long standing, well known, and consistently applied Joint Employer – Union Health Insurance Trusts & Pension Trusts Compliance Audits (no Government oversight) 5. RECENT HISTORY OF U.S. LABOR CONFLICT Perceptions vs. Reality – Impact of the Media Ugly Mixes: Responsible & “Less” Responsible Employers….and Responsible & “Less” Responsible Unions Less than1% of labor contract negotiations result in a Strike or Lockout Union – Management Cooperation Efforts: What works when & how & why? 6. LOBBYING EFFORTS BY BOTH PARTIES Current Issues Extent of Political Impact 7. FUTURE OF U.S. UNIONISM Factors influencing unionism in future: (1) shifts in socio-economic status (2) health of economy (3) globalization (4) free trade (5) politics
