Labor Law and Collective Bargaining Chapter 11 Objectives

Labor Law and Collective Bargaining Chapter 11

Objectives • Define – Collective bargaining – Bargaining in good faith – Past practice – Strike – Union shop – Closed shop Copyright © 2007 Thomson Delmar Learning

Objectives • Define – Open shop – Dues check-off – Agency shop – Fair-share agreement – Maintenance of membership – Right-to-work Copyright © 2007 Thomson Delmar Learning

Objectives • Explain the primary differences between private sector labor relations and public sector labor relations. • Identify and explain three categories of subjects for collective bargaining: – Mandatory, prohibited, and permissive Copyright © 2007 Thomson Delmar Learning

Objectives • Explain dispute resolution mechanisms used for three types of impasse disputes: – Representational, interest, and grievance • Explain the duty of fair representation. • Explain how Weingarten and Garrity rights serve to protect employees. Copyright © 2007 Thomson Delmar Learning

Collective Bargaining • Process – Employer and duly appointed representatives of the employees negotiate an agreement – Pertaining to wages, hours, and other terms and conditions of employment Copyright © 2007 Thomson Delmar Learning

Labor Relations Acts • Groundwork for collective bargaining – Private sector • National Labor Relations Act (NLRA) – Public sector • State law • Vast differences between states Copyright © 2007 Thomson Delmar Learning

Good-Faith Bargaining • • Active participation in deliberations Intention to find a basis for agreement Sincere effort to reach common ground Does not require either party to make a concession Copyright © 2007 Thomson Delmar Learning

Unfair Labor Practice • Defined in Labor Relations Act • Authorizes labor board to impose sanctions and orders for violations Copyright © 2007 Thomson Delmar Learning

Impasse Disputes • Representation • Interest • Grievance Copyright © 2007 Thomson Delmar Learning

Representational Impasse Disputes • Who can join a union • Which union may represent certain employees • Appropriate bargaining units Copyright © 2007 Thomson Delmar Learning

Interest Impasse Disputes • Impasse related to negotiation of a collective bargaining agreement • Public sector – Mediation – Fact-finding – Arbitration Copyright © 2007 Thomson Delmar Learning

Interest Arbitration • Voluntary • Compulsory binding • Final offer Copyright © 2007 Thomson Delmar Learning

Interest Arbitration • Single arbitrator or arbitration panel • Authority of arbitrator(s) • Appeals of arbitration awards Copyright © 2007 Thomson Delmar Learning

Grievance Impasse Disputes • Allegation of violation of collective bargaining agreement • Grievance arbitration • Judicial enforcement Copyright © 2007 Thomson Delmar Learning

Arbitration • Steelworker Trilogy – Substantive – Procedural • Grievance belongs to the union, not the member Copyright © 2007 Thomson Delmar Learning

Scope of Collective Bargaining • Wages, hours, and other terms and conditions of employment • Three subjects 1. Mandatory 2. Permissive 3. Prohibited Copyright © 2007 Thomson Delmar Learning

Collective Bargaining • Impact bargaining • Unilateral changes to workplace • Past practices Copyright © 2007 Thomson Delmar Learning

Union Security Provisions • • Dues check-off Closed shop Union shop Maintenance of membership Agency shop Fair share Right-to-work state Copyright © 2007 Thomson Delmar Learning

Duty of Fair Representation • Exclusive bargaining representative • Fair representation – Cannot be arbitrary, discriminatory, or act in bad faith • Liability Copyright © 2007 Thomson Delmar Learning

Strikes • Any concerted stoppage, slowdown, or interruption of work • Includes sick-outs and organized refusals to work • Common law prohibited strikes by public employees – States differ Copyright © 2007 Thomson Delmar Learning

Weingarten Rights • Right to have union representation at any investigatory or disciplinary meeting or hearing • Employee must request Copyright © 2007 Thomson Delmar Learning

Garrity Rights • Right of a public employee – When ordered to answer questions about a jobrelated matter under threat of discipline • If matter may tend to incriminate the employee • Employee must invoke • Employer has to choose Copyright © 2007 Thomson Delmar Learning

Polygraphs • Polygraph examinations are of limited usefulness • Not admissible as evidence in many jurisdictions • Many states have laws prohibiting employers from requiring employees to submit to polygraphs Copyright © 2007 Thomson Delmar Learning

Summary • • • Collective bargaining Labor relations acts Bargaining in good faith Unfair labor practice Impasse disputes Scope of bargaining Copyright © 2007 Thomson Delmar Learning

Summary • • • Duty of fair representation Union security Strikes Weingarten rights Garrity rights Copyright © 2007 Thomson Delmar Learning