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Industrial Relations


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Pre-Revolutionary America
Agricultural, little diversification in economy
First labor unions of craftspeople
1790's -- trade societies
Federal Society of Cordwainers
1792 -- CW's committedd to work only for a specific wage for any employer
1830's there was a growth in american factory systems
Influx of immigrants and Growth of large national corporations provided impetus to unionize
1830's (impetus to unionize)
factory system began to emerge, Businesses grew larger, mechanical power, workers separated from masters, competition from immigrants
National Labor Union (NLU)
1866 -- skilled and unskilled, advocated creation of local unions and reforms to help workers, Violence was common
Haymarekt Square Riot
1886 -- strike for 8 hour work day, Chicago police, deaths of 4 strikers, bomb at police, police opened fire
Knights of Labor
1869 -- skilled and unskilled, Terrence powderly president, Blamed for Haymarket Square, was turned to for a national union
American Federation of Labor (AFL)
1886 - autonomous national craft unions, Samuel Gompers (cigarmakers union)
Policies of AFL
emphasis on economic or industrial action instead of political, promote collective bargaining, support for political parties in support of labor
Pullman Strike
1894 -- American Railway Union, mailcars were added to trains --> brought in fed troops, Sherman Antitrust Act
Sherman Antitrust Act
Makes labor conspiracy an illegal restraint of trade
Eugene Debs
Founder of American Railway Union, recognized government support of employers, Socialist Party's candidate for pres 5 times
Industrial Workers of the World (IWW)
1905 -- Wobblies, Western Federation of Miners (become one large industrial union, overthrow capitalism), highly publicized strikes
Congress of Industrial Unions (CIO)
1935 -- unskilled workers, John L. Lewis 1 president, african-american, female and immigrant workers, compete with AFL, Merged with AFL in 1955
Early Judicial Regulation
combinatino of workers to raise wages was illegal, strikes deprived others of property, illegal to conspire to impoverish another, etc⬦
Calyton Act
1914 -- limited courts power over unions, labor was not a commodity, labor organizations were not illegal, LARGELY INNEFECTIVE
National War Labor Board
during WWI to prevent labor disputes during, substituted settlements based on mediation, Self organization and collective bargaining became public policy
Railway Labor Act
1926 -- collective bargaining on interstate railroads, peaceful settlement, constitutional, included airline industry in 1936⬦ "cooling off period"
Davis Bacon Act
1931 -- construction contractors on fedarl projects are required to pay prevailing wages
Walsh-Healey Act
1936 -- fed. Contractors are required to pay time and a half for more than 8 hours of work per day
Fair Labor Standards Act
1938 -- Minimum wage, 40 hour workweek, abolished child labor under 16
Norris-La Guardia Act
1932 -- first attempt at national labor policy, restricted fed. Judiciary intervention, no "yellow dog"
National Labor Relations Act (Wagner Act)
1935 -- private employees the right, defined employer unfair labor practices, Created NLRB, upheld in Jones vs. Laughlin Steel Corporation
employer unfair labor practices (NLRA)
interfering with employees rights, refusal to bargain, discrimination against union employees, dominate unions
National Labor Relations Board
Members appointed by the president, power to enforce the act
Labor Management Relations Act (Taft-Heartly)
1947 -- workers right not to organize, defined union unfair practices, restrictions on strike activities, right-to-work laws
Labor-Management Reporting and Disclosure (Landrum-Griffin Act)
1959 -- limited certain union actions, controls on union funds, requirements of constitutions and bylaws, right to bring suit against the union
Wagaoner Act (public employees)
Did not guarantee right to public employees
Pendleton Act
1873 -- 3-member civil service (promotion, contributions to political campaigns, congress control of wages, hours and working conditions of fed. Employees.
Hatch Act
1939 -- limited political activities of pub emp, deterred unions from fed emp,
Sovereignty Doctrine
Government must be able to exercise it's power, collective bargaining "incorrectly" seen as a threat to SD
John F. Kennedy (EE 10988)
framework for labor-management, right to strike denined, dispute resolution -->agency heads
Civil Service Reform Act
1978 -- Est. FLR Authority, provides assistance in resolving negotiations
Will Clinton (EE 12871)
1993 -- Est. N. Partnership Council to advise president, change way unions & mgrs reach decisions
State and Local Laws
2/3 of states to grand collective bargaining, usually wages, hours and terms of employment, limit to right to strike
Conditions in 1935
oppresive (terror)
Unions highest numbers in
Scientific Management
work environments to accommodate workers with limited industrial experience
Frederick Taylor and Henry Ford
Fractionalization of Work, "one best way", dividing workforce, protecting process from the worker
US industries rebounded in the
Japanese Competition
by 1970's J products exceeted US. --> team assembly plants, quality control, automation JIT
Foreign Owned Automobile plants & Unions
Foreign owned have remained non-union
Very hard to convince to join a union
New United Motor Manufacturing Inc.
1962 GM sucked, closed 1982, Reopened w/ toyota 1983 prospered, 85% of workers same union workers
NUMMI (Training)
Cont. Improvement, superior quality, JIT, Teamwork, Union-management relations
NUMMI (Factors)
Fewer Job Classifications, Fewer Supervisors, Work Teams
Beirsdorf, INC Sewing Plant 1996
almost overseas, had to save 6 million, saved 10 by staying
Quality of Working Life
programs increase employees satisfaction, channels for workers and mgmt. reduce conflict
Quality Circles
working on solutions to present to management
Groups are used to enhance synergy
decision making, problem solving creativity
Self-managed teams
rotate among jobs including supervisory positions
Special Project Teams
Combines people from different functinoal areas
Problem Solving Teams
Analyze recommend and implement solutinos
NLRB response to teams
Generally seen as illegal must be a "labor organization" if employer dominates
What makes a labor organization?
"deals with" grievances, labor disputes, wages, work rules, hours of employment
Electromation Case
illegally dominated by employer, Teamsters, workers and employers pay, absenteeism, and bonus programs
Du Pont Case
NLRB du Pont dismantle committees on safety and recreation "brainstorming" if workers -- majority managers--minority
Teamwork for Employees and Managers Act 1996
Vetoed by Clinton, would have allowed for workplace teams as long as not exclusive bargaining organizations
Public Sector (Now)
National Education Union was largest
Professional Workers (Now)
resistance to unions my be weakening (heath care)
Immigrant Workers (Now)
fastest growing working class
Sherman Antitrust Act and sports
exception to Sherman Antitrust act
Baseball and Unions
Major League Baseball Players Association
Football and Unions
National Football League Players Association, less turbulent then baseball, free agency in 1993
Basketball and Unions
NBPA, free agency in 1981
Hockey And Unions
arbitrated, NHLPA. Free agency
Terms of employment
Individual Jobs rights, price of labor, Work Rules
individual job rights
seniority, disciplinary procedures, promotion and layoff procedures
the price of labor
wages and benefits
work rules
hours of work, job classifications, work practices
minimize industrial strife, 5-member board
NLRA covered rights
self-organization, bargain collectively, etc..
Workers not covered by the NLRA
agrigultural, domestic servants, employed by spouse or parent, independent contractors, supervisors, those by Railway Labor Act, US gov. employees Reserve bank, states or subdevisions
Appropriate bargaining unit
Community of interest, history of bargaining, desire of employees, prior union organization, relationship in organizational structure
Public Sector bargaining unit
must be determined by the Federal Labor Relations Authority
Public Sector Supervisors
often included in bargaining unit
Independet unions
right to organize
Election Procedure
Representation petition, investigation, Secret Ballot Election, Certification of Election Results
Election Bar Rule
board will not entertain petitions from rivals seeking certification for that union within a year
Contract Bar Rule
board will not entertain petitions from rivals within the first three years if a contract is in effect.
Voluntary recognition
employer can voluntarily recognize a union
NLRB directed recognition
NLRB can appoint a union
Decertification elections
only employees, employer cannot aid, 20% of recent elections unions have lost 75% of the time
Union Security
ability to perform without interference from management or other sources
Closed Shop
required to hire only union members
Open Shop
No employee is required to join or contribute money to a labor organization as a requirement
Union Shop
Employee must join the union to continue the job
Union Hiring Hall
Employer is required to hire employees referred by the union, must not require membership before 7th day of employment
Agency Shop
Employee is required to contribute a sum equal to membership dues to the union, but is not required to join the union
Maintenance of Membership
Requires union members at contract time to remain members for duration
Employer agrees to withold dues
Right to work
2002 Oklahoma became right to work
Duty of fair representation
to all, without hostility or arbitrary descrimination
Lechmere case
employer cannot bar union access to employees
E-mail solicitation
Much similar to oral solicitation in the workplace
TIPS (don'ts)
Threaten, Interrogate, Promise, Spy
Facts, Opinion, Rules, Experience
employer anticipates demands, says it's final offer
Unfair Labor Practices in Public sector
Federal Labor Relations Authority is same as NLRB in public sector
Mandatory Subjects
Wages, hours, benefits, employee security, union security, drug testing, subcontracting
Permissive Subjects
preferential hiring, retiree issues, scope of bargaining unit, Additional parties to the contract, settlement, prices in cafeteria, plant closings
Illegal Subjects
Featherbedding, Whistleblowing, Unlawful descrimination, Interfering with union affairs or officials, Closed Shop, Hot Cargo clauses.
Distributive Bargaining
Interest Based Bargaining
Collective Bargaining by Objectives
adaptation of management by objectives
Pressure Bargaining
If it costs more to disagree than agree, the party will agree
Interest Arbitration
Arbitrator makes a final and binding decision
Final Offer Arbitration
Both parties submit their final offer and arbitrator selects one
Rolling Striek
have one plant close at a time
Illegal Strikes
Sit down strikes, Wildcat Strikes, Partial Strike, Sickout
Deferred Wage Increases
fixed rate increases per year in a contract
Two Teir
Higher for current employees, lower for future
Lump Sum Payments
Instead of increase in pay
Productivity Theory
Employees should share in increased profits
Ability to pay
Wage rates are made in present, not known for the future
Job Evaluation
Does not include performance appraisal, relative worth
Benefits that increase as hours worked increases

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