Industrial Relations
Terms
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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
- 1954-1978
- 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
- 1990's
- 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
- High-Technology
- 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
- NLRA
- 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
- Check-off
- 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
- FORE (Do)
- Facts, Opinion, Rules, Experience
- Bulwarism
- 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
- Win/Lose
- Interest Based Bargaining
- Win/Win
- 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
- Roll-up
- Benefits that increase as hours worked increases