Chapter 32 Labor Law and Collective Bargaining The
Chapter 32 Labor Law and Collective Bargaining
The right of workers to form, join, and assist labor unions is a statutorily protected right in the United States. Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 32 -2 42 - 2
Learning Objectives § Describe how a union is organized § Explain the consequences of an employer’s illegal interference with a union election § Describe the process of collective bargaining § Describe employees’ rights to strike and picket § Explain labor’s bill of rights Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 32 -3 42 - 3
Federal Labor Union Statutes Norris-La. Guardia Act National Labor Relations Act Labor-Management Relations Act Railway Labor Act Labor-Management Reporting and Disclosure Act Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 32 -4 42 - 4
Organizing a Union § Employees have right to: § Form, join, and assist labor organizations § Bargain collectively through chosen representatives § Engage in concerted activity to promote these rights § Bargaining unit must be defined before union petitions for election Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 32 -5 42 - 5
Types of Union Elections § Contested election: contested by the employer § Consent election: not contested by the employer § Decertification election: employees may wish to dissolve union Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 32 -6 42 - 6
Union Solicitation on Company Property § Employer may restrict solicitation activities by employees to nonworking areas during employees’ free time § Nonemployees may be prohibited from soliciting on behalf of the union anywhere on company property § Inaccessibility exception: permits employees to engage in union solicitation on company property, if they are beyond reach of the union Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 32 -7 42 - 7
Case 32. 1: U. S. Supreme Court Organizing a Labor Union § Case § Lechmere, Inc. v. National Labor Relations Board § 502 U. S. 527, 112 S. Ct. 841, 117 L. Ed. 2 d 79, Web 1992 U. S. Lexis 555 § Supreme Court of the United States § Issue § May a storeowner prohibit nonemployee union organizers from distributing leaflets in a shopping mall parking lot owned by the store? Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 32 -8 42 - 8
Illegal Interference with an Election § Unfair labor practice for employer to interfere with, coerce, or restrain employees from exercising their statutory right to form and join unions § Unions prohibited from engaging in unfair labor practices that interfere with a union election Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 32 -9 42 - 9
Collective Bargaining § Act of negotiating contract terms between an employer and the members of a union § Subjects of collective bargaining: § Compulsory subjects: wage, hours, and other terms and conditions of employment § Permissive subjects: not compulsory or illegal § Illegal subjects: cannot be negotiated or agreed upon Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 32 -10 42 - 10
Union Security Agreements § Closed shop: employer agrees to hire only employees who are already members of a union § Union shop: employer may hire anyone whether he belongs to a union or not, but the employee must join the union within a certain time period § Agency shop: employer may hire anyone whether she belongs to a union or not, but the employee must pay an agency fee to the union Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 32 -11 42 - 11
Strikes § A union call a strike: § If a collective bargaining agreement cannot be reached § To obtain economic benefits § To correct an unfair labor practice § Union members refuse to work during a strike Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 32 -12 42 - 12
Cooling-Off Period § A mandatory sixty days’ notice before a strike can commence § Gives the employer and union enough time to negotiate a settlement § Illegal for a strike to commence during the sixty- day period Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 32 -13 42 - 13
Illegal Strikes § § § Violent strikes Sit-down strikes Partial or intermittent strikes Wildcat strikes Strike in violation of no-strike clause Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 32 -14 42 - 14
Crossover and Replacement Workers § Crossover workers: employees who choose not to strike or return to work after joining the strikes § Replacement workers: hired on temporary or permanent basis to take the place of the striking employees Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 32 -15 42 - 15
Employer Lockout Act of the employer to prevent employees from entering the work premises when the employer reasonably anticipates a strike. Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 32 -16 42 - 16
Picketing § Strikers walking in front of the employer’s premises, carrying signs announcing their strike § Picketing is lawful unless it: § Is accompanied by violence § Obstructs customers from entering employer’s place of business § Prevents entry of nonstriking employees § Prevents pickups and deliveries at employers place of business Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 32 -17 42 - 17
Secondary Boycott Picketing § Unions try to bring pressure against an employer by picketing the employer’s suppliers or customers § Lawful only if it is product picketing, that is, picketing against the employer’s product § Illegal, if directed against the neutral employer Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 32 -18 42 - 18
Internal Union Affairs § Unions may adopt internal union rules to regulate the operation of the union, acquire and maintain union membership, and the like § Subject to Landrum-Griffin Act’s labor bill of rights. Each union member has equal rights and privileges to: § Nominate candidates for union office § Vote in elections § Participate in membership meetings Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 32 -19 42 - 19
Internal Union Affairs § A union may discipline members for: § Walking off the job in a nonsanctioned strike § Working for wages below union scale § Spying for an employer § Any other unauthorized activity that has an adverse economic impact on the union Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 32 -20 42 - 20
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