1 LABOR MANAGEMENT RELATIONS Human Resource Management College

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

2 LABOR MANAGEMENT RELATIONS OVERVIEW • • • Labor Rights Management Rights Labor Obligations Management Obligations Creating Good Labor Relations

3 LABOR RIGHTS • Wagner Act—Right to Organize • Landrum-Griffin Act—Right of Construction to Closed Shop • Taft-Hartley Act—Right to Decertify

4 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

5 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

6 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

7 MANAGEMENT OBLIGATIONS • Wagner Act • National Labor Relations Act • State “Closed Shop” or “Union Shop” Acts • Other Acts

8 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

9 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”

10 LEGAL LIMITATIONS • • • Employees at Will Implied Contracts Explicit Contracts Statutory Exceptions Constitutional Exceptions

11 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

12 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