Labor Relations & Collective Bargaining

question

Three contexts of collective bargaining

answer

Per John Dunlop:
1) the market
2) technology
- handicraft, mass production, automation
3) power
- political power, etc.

**Ideology: a common body of ideas that defines the role and place of each actor and that defines the ideas which each actor holds toward the place and functions of the others in the system.

question

Three things that parties bargain over in a labor negotiation

answer

1) wages
2) hours
3) other terms and conditions of employment

question

Three actors in collective bargaining

answer

Per John Dunlop:
1) employees
2) employers
3) regulators

question

Four elements of a labor contract

answer

1) wages / effort and/or productivity
2) union security/management rights
3) individual security
- just cause
- grievance arbitration
- seniority
4) administration of the contract

question

Two important elements that employees demand in a contract

answer

1) seniority
2) due process

question

Union vs. unit

answer

1) Union: bargaining agent that represents organized employees and negotiates with management

2) Unit: group of employees who share common skills, interests, etc.

**Union and unit can merge together in the private sector

question

Supervisor

answer

hires, fires, promotes, disciplines, directs, or addresses the grievances of employees
- In the public sector, supervisors may collectively bargain. That is not the case in the private sector.

question

How many people are needed to launch a strike?

answer

a strike has to have at least two people acting in concert

question

Unfair Labor Practice (ULP)

answer

Violation of section 8 of NLRA (as amended per Taft-Hartely Act '1947)

question

Civil Rights Act of 1964

answer

The Civil Rights Act of 1964 (Title VII) prohibits discrimination on the basis of race, color, religion, sex or national origin. Provisions of this civil rights act forbade discrimination on the basis of sex, as well as, race in hiring, promoting, and firing. The Act prohibited discrimination in public accommodations and federally funded programs.

question

Two types of discrimination

answer

Both disparate impact and disparate treatment refer to discriminatory practices. Disparate impact is often referred to as unintentional discrimination, whereas disparate treatment is intentional.

question

Fair Labor Standards Act (1938)

answer

1) Overtime: For all hours worked in excess of 40 during each work week, employees receive 1.5 the regular rate.
2) Child labor: banned all labor for children under 14
3) Minimum Wage: established minimum wage

- Limits compensatory leave

- Compensatory leave: Compensatory leave is designed to reward employees with time off after they put in extra effort, such as overtime hours or working during a holiday (only public employees are eligible); exchanging pay for overtime for paid leave

- Some employee categories are exempt from time-and-a-half overtime

- overtime for police and fire is on a monthly basis

question

Unemployment Insurance (1935)

answer

Unemployment Insurance (UI) helps people who have lost their jobs by temporarily replacing part of their wages while they look for work. States set eligibility criteria and benefit levels for UI, while the federal government pays for the programs' administrative costs. Employer payroll contributions largely cover the costs of the programs. UI applies to public and private employees.

**Employees are not eligible for UI if they were terminated for misconduct or deliberate violations of policy (after being warned).

Unemployment Insurance in MA:
- 50% of your average weekly wage (during base period) each week with a limit of $1015 per week.
- Maximum of 30 weeks (26 weeks when there are federal extended benefits programs in place or low unemployment)

question

Social Security (1935)

answer

Social Security (SS) pays benefits to those who are currently retired, persons with disabilities, and the surviving spouses and children of workers who have died. SS is funded by workers paying SS taxes. 62 is the earliest age that persons may receive SS benefits (receive greatest amount at 70).

**Public employees in MA are not subject to SS taxes, except for the related Medicare taxes.

question

Workers' Compensation Insurance

answer

Worker's Compensation Insurance (WCI) protects employees if they are injured on the job or contract a work-related illness. They also limit employer exposure to liability for such incidents (except in cases of willful negligence). This insurance pays for any reasonable and necessary medical treatment related to the injury or illness and also pays partial compensation for lost wages after the first 5 calendar days of total or partial disability.

**Even negligent employees are eligible for medical coverage and compensation

WCI in MA:
- Department of Industrial Accidents administers MA WCI laws
- All employers in Massachusetts are required to carry workers' compensation insurance covering their employees.
- Compensation begins on sixth day of disability.
- Length of benefits: up to 156 weeks (three years)
- Value of benefits: 60% of your gross average weekly wage of the 52 weeks prior to your injury date
- The maximum you can receive per week is the state's average weekly wage (SAWW) at the time of your injury

question

Occupational Safety and Health Administration (1970)

answer

OSHA sets and enforces workplace safety standards to ensure that workers operate in safe and healthy working conditions. The agency may fine employers that do not comply with OSHA regulations. In some states, OSHA directly enforces federal regulations. In others, state agencies enforce OSHA-approved plans. These plans may cover 1) state, local, & private workplaces or 2) only state & local workplaces.

**MA OSHA-approved plan only applies to state and local government. Private workplaces in MA are under the purview of federal OSHA.

question

Immigration Reform and Control Act (1986)

answer

IRCA made it illegal to hire illegal immigrants knowingly and established financial and/or other penalties for companies that employed illegal immigrants. Regulations promulgated under the act introduced the I-9 form to ensure all employees presented proof of their legal eligibility to accept employment in the US.

question

Civil Service System

answer

Model of bureaucratic management whereby individuals are selected for employment and promotion on the basis of merit and special qualifications. Considerations may include: experience, education, written exams, and assessment centers.

question

MA Sick Leave Law

answer

Workers in Massachusetts have the right to earn and use up to 40 hours of job-protected sick time per year. Workers must earn at least one hour of earned sick leave for every 30 hours worked. Employers with 11 or more employees must provide paid sick time. Employers with fewer than 11 employees must provide earned sick time, but it does not need to be paid.

**Cities & towns have to opt-in
**Applies to private sector & state government

question

Ways to establish a bargaining relationship

answer

National Level:
1) Voluntary recognition by employer
2) Certification by NLRB

**Card check (only in MA for public sector)

question

Who are excluded from bargaining units (private sector)?

answer

1) supervisors
2) independent contractors
3) agricultural workers
4) public employees

**guards have to bargain separately from other occupations

question

Card Check System (MA only)

answer

In order to secure union recognition, employees may sign union authorization cards and submit them to the Department of Labor Relations (DLR), MA's equivalent of the NLRB. DLR validates the signatures on the cards for authenticity. The union secures recognition if 50%+1 of the employees authorize the union.

**Only applicable when there is a single union competing to be the bargaining agent
**Only applicable to public sector

question

Community of Interest

answer

Criteria used by the NLRB to evaluate the appropriateness of a bargaining unit. It includes considerations such as:
- similarity of jobs, wages, & benefits
- degree of contact & proximity
- common supervisor

**The NLRB is only required to select an appropriate bargaining unit; not the "most appropriate" one.

question

Free riders

answer

Employees in the bargaining unit but not in the union. They receive the negotiated benefits that the Union secures without paying compensation.

**Public employees have 1st Amendment right to freedom of association; cannot be compelled to join labor union.

question

Cheap riders

answer

Employees in the bargaining unit but not in the union. Instead of membership dues, they pay a fee for union costs associated with negotiations, contract admin., and grievance arbitration (usually 80-85% of dues): the agency service fee (aka, "fair share").

question

Civil Service Reform Act of 1978, Title VII

answer

Gave federal employees the right to join or not join unions and to engage in collective bargaining. It also placed central authority in a three-member panel, the Federal Labor Relations Authority, who are appointed by the president of the United States.

The FLRA:
- oversees creation of bargaining units
- conducts elections
- decides representation cases
- determines unfair labor practices
-

question

Craft unit

answer

Bargaining unit of workers with a specific or recognized skill (e.g., plumbers). Divided by skill.

question

Industrial unit

answer

Unit with membership of semi-skilled and unskilled workers. Unit usually encompasses entire plant.

question

Steward

answer

On-the-job union representative that carries out the responsibilities of the union at the worksite

question

Unfair labor practices in an organizing campaign (for management):

answer

TIPS:
- Threaten
- Interrogate
- Promise
- Spy

question

Acceptable labor practices in an organizing campaign (for management):

answer

FORE:
- Facts
- Opinions
- Rules
- Experience

question

Distributive Bargaining

answer

Negotiation method in which both parties strive to divide a fixed pool of resources
- zero sum: what one party gains, the other party loses
- "win-lose"
- goals in direct conflict
- Principles:
1) parties each view each other as adversaries
2) parties seek to maximize their self-gain / interest
3) mostly concerned about current negotiations; no concern for future or past relationship

question

BATNA

answer

Best alternative to a negotiated agreement

question

WATNA

answer

Worst alternative to a negotiated agreement

question

Integrative Bargaining

answer

- cooperative approach
- "win-win," "mutual gains"
- mutually profitable options and logical trade-offs
- "expanded pie approach:" negotiations search for better proposals than the obvious ones that might only meet one side's best interest
- sacrifice realizing best outcome to compromise
- integrate interests
- Values:
1) create as much value as possible for both sides
2) to claim as much value as possible for their own interests

question

Interest-Based Bargaining

answer

1) Identify the issues
2) Identify each party's interests on the issues
3) Develop options
4) Evaluate options based on three standards:
- feasible, beneficial, acceptable
5) Reach consensus

**Not to be confused with interest arbitration!

question

Mandatory bargaining items

answer

Items that must be bargained in good faith if either party requests it.
- wages, hours, and other terms & conditions of employment
- established in Borg-Wagner Supreme Court case

question

Permissive bargaining items

answer

Items not related to wages, benefits, and other terms & conditions of employment.
- A party must withdraw permissive items from bargaining if the other party does not voluntarily agree to their inclusion
- A party cannot claim bad faith bargaining or declare an impasse based on the other side's refusal to discuss these issues

question

Illegal bargaining items

answer

Items that may not be proposed for discussion in bargaining negotiations.
- not enforceable in court
- violate statutes
- ex) closed shop

question

Primary Strike

answer

Strike by a union against its direct employer when a labor dispute occurs

question

Economic Strike

answer

Strike over failure to negotiate economic issues: wages, benefits
- employer can permanently replace strikers
- only needs to reinstate those for whom it has vacant positions

question

Unfair labor practice strike

answer

Strike over employer's action determined by law to be an ULP
- employer cannot hire permanent workers

question

Mackay Doctrine

answer

- Employers can replace striking workers with permanent workers unless it is an unfair labor strike.
- Employees who request reinstatement are placed on waiting lists and re-hired as jobs become available.

question

Terms and conditions of employment

answer

- employment security
- job performance
- Union security (including union shop)
- dues check off

question

Core management rights

answer

Normally mandatory items that are excluded in the public sector
- police chiefs: right to deploy police officers; inherent powers of assignment
- staffing levels; bargaining over staffing levels would strip the legislative body of their power over the budget
- school boards: tenure

question

Lock out

answer

Employer withholds employment to resist union demands or to force concessions from the union.

question

Mediation

answer

Introduction of a neutral third party to facilitate compromise; acts a conciliator
- try to cajole both sides to compromise
- concerns collective bargaining agreement

question

Fact-finding

answer

Mediator recommends how impasse may be resolved; offers recommended solution/compromise.
- concerns collective bargaining agreement

question

Union security

answer

Union's ability to perform its exclusive collective bargaining role without interference from management or other unions
- exclusive bargaining agent (recognition)
- dues check off
- duration clause
- forms of union shop

question

Union security clause

answer

Requires that all employees within the bargaining unit become & remain "members in good standing" as a condition of employment
- may choose full or limited membership

question

Check-off

answer

contract provision requiring that the employer deduct union dues directly from union employee paycheck
- employee must authorize it

question

Closed union shop

answer

Allowed employer to only hire union members; prospective employees had to join the union first and pay union dues.
- outlawed by Taft-Hartely Act

question

Open union shop

answer

no employee requirements as a condition of employment

question

Union shop

answer

Within a specific period of time, an employee must join the union (full or limited membership) to continue the job
- period varies from 30, to 60, to 90 days

question

Agency union shop

answer

Requires employees to contribute a sum equal to membership dues to the union (or less; depends on where you read), but they do not have to join the union
- provides financial support to the union for collective bargaining, contract administration, and grievance adjustment.
- outlawed for public sector in 2018

question

Right-to-work legislation (Taft-Hartley)

answer

Permits states to prohibit agreements requiring membership in a labor organization as a condition of employment. States can prohibit union or agency shop forms of union security.

question

Contract bar

answer

A current & valid contract can prevent another union from petitioning for an election and being certified as representative.
- 3 yr contract = 3 yr contract bar

question

Open period

answer

Period in which employees can change union representation.

Private Sector: first 30 day period in the 90 days before termination of the contract

Public Sector: first 30 day period in the 180 days before termination of the contract

question

Insulated period

answer

Period before contract termination in which employees may not change union representation.

Private Sector: the 60 days after the open period (takes place within the 90 days before contract termination)

Public Sector: the 150 days after the open period (takes place within 180 days before contract termination)

question

Cost-of-Living Adjustment (COLA)

answer

compensation increase based on the % by which the cost of living has increased
- measured by changes in CPI

question

Defined benefit pension plan

answer

Provides a stipulated, fixed amount of income, usually paid monthly.
- amount determined by benefit formula based on years of service and base pay
- guarantees a specific benefit or payout upon retirement.
- the employer funds the plan by contributing a regular amount, usually a percentage of the employee's pay, into a tax-deferred account.
- employer is responsible for making investment decisions and managing the plan's investments; the employer assumes all the investment and planning risks.
- professionally managed

question

Defined contribution plan

answer

- retirement benefit depends on the investment gains or loses of the fund
- employees contribute a fixed amount or a percentage of their paychecks to an account that is intended to fund their retirements.
- take pre-tax dollars and allow them to grow in capital market investments on a tax-deferred basis
- Employer-sponsored DC plans may receive matching contributions.
- require employees to invest and manage their own money in order to save up enough for retirement income later in life.

question

Pension Benefit Guarantee Corporation

answer

Provides portability, the right of an employee to transfer tax-free pension benefits from one employer to another
- run by Department of Labor
- assumes pension plans from employers with under-funded plans in financial difficulties

question

Employee Retirement Income Security Act (ERISA) (1974)

answer

1) Employers are required to count toward vesting all service from age 18 and to count toward earned benefits all earnings from age 21.
2) Employers must choose from three minimum vesting standards
3) Each year employers must file reports of their pension plans with the U.S. secretary of labor for approval.
4) Creates Pension Benefit Guarantee Corporation
5) Pension plan members are permitted to leave the workforce for up to five consecutive years without losing service credit and allowed up to one year maternity or paternity leave without losing service credit.

question

Impasse

answer

Condition where the two parties have exhausted the negotiating process and have no flexibility
- need to demonstrate that you have engaged in good faith bargaining (i.e., be open to hearing the other side)

question

Essentials of due process

answer

1) notice
2) opportunity to contest & respond

question

Evergreen clause

answer

An evergreen clause provides that the term of an agreement will automatically renew for some period of time unless one party provides the other party with notice before the end of the current term that it does not wish to renew the term of the agreement.

question

Recognition clause

answer

Employer recognizes the union as the sole representative of the bargaining unit.
- Also prevents the work of the bargaining unit from being transferred during the duration of the contract

question

Management rights

answer

Mandatory subjects that the union has agreed to waive, thereby making them unilateral decisions on the part of management.

**Waivers of rights have to be specific

question

Vesting

answer

Process by which an employee accrues rights over employer contributions to employee's qualified retirement account

question

Qualified (Pension) Plan

answer

- Meets standards set by IRS
- employers can deduct contributions as business expenses for tax purposes
- employees also do not have to pay taxes on any dollars invested in the plan from income

question

Supplemental Unemployment Benefits

answer

Provides additional income to supplement state unemployment benefits to laid off employees (paid directly by employer, not the state)

question

Severance pay

answer

a lump-sum or a dispersal of payments given to employees who are terminated through no fault of their own
- no hope of returning to work for company

question

Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA)

answer

Provides for continuance of medical and dental insurance for employees, spouses, and dependents in the event of an employee's death, termination, divorce or other loss of healthcare eligibility

question

Pyramiding of overtime

answer

Overlapping of daily and weekly overtime pay

question

Job security

answer

- right to remain employed during times of layoffs
- fair hearings for discipline
- protection against sub-contracting or automating work

question

Seniority

answer

A set of rules and procedures within an agreement that determine the allocation of economic benefits, opportunities, and privileges
- used to compare employees for promotion and lay-offs
- measured in days (continuous service)

question

NLRA Section 7 rights

answer

1) to self-organize
2) to form, join, or assist labor organizations or to refrain from such union activities
3) to bargain collectively through representatives of their own choosing
4) to engage in other concerted activities for the purpose of collective bargaining or other mutual aid and protection
5) to refrain from any or all of the preceding rights

question

Concerted activity

answer

Any action by employees to further their common but not individual interests (wages, hours, working conditions)
- most common form is the strike
- union lobbying of legislation / policy

question

Scabs

answer

Workers who cross picket lines to work when union employees are on strike.

question

24 hour rule

answer

Prohibits employers and unions from making campaign speeches on company time to assemblies of employees within 24 hours of an election

question

Sit-down strike

answer

Takeover of the employer's property; violation of owners property rights

question

Wildcat strike

answer

Economic strike conducted by a minority of the workers without the approval of the union and in violation of a no-strike clause in an existing contract

question

Partial strike

answer

Various types of job actions, such as work slowdowns or refusals to work overtime
- violation of the owner's property rights

question

Sickout

answer

An illegal partial strike in which employees call in sick to protest a working condition.
- common tactic of teacher's unions. Schools are mandated to be in session for a specific number of days, so a sick out places pressure on the administration.

question

Weingarten rule

answer

Supreme Court determination that a union employee has the right to request the presence of a union official during a meeting with management if the meeting may involve a discipline issue.

**Applies to public and private sector.
**Does not extend to employees in non-union work places.

question

Bargain in good faith

answer

Reasonable efforts demonstrated by both management and labor during contract negotiations. Generally, it requires both sides to meet, confer, and make written offers.

question

Arbitrator considerations for grievance arbitration (per Moschos)

answer

1) bargaining history
2) past practice (if language is ambiguous)
3) the contract language itself
4) other arbitration decisions (arbitrator does not need to adhere to precedent)

question

When can employees solicit support for a union from their fellow employees?

answer

During non-working times.
- Includes lunchtime, break time, rest periods, and before and after the regular workday.

question

No-solicitation policy

answer

Employer policy that bars on-site solicitation of employees for a specific purpose. Generally unfair if only applied to union activity.

**An employer may implement a no-solicitation policy for employees during both work and non-work hours if that policy extends to all types of solicitation.

question

Typical unfair labor practices (during organizing campaign):

answer

1) campaign propaganda and misrepresentation
2) Threats and loss of benefits
3) Promise or grant of benefit
4) Interrogation and polling of employees
5) Surveillance
6) Electioneering near polls
7) campaign speeches within 24 hours of elections

**Unions are prohibited from the use of violence or threats against employees

question

Secondary boycott

answer

Union pressure exerted on a neutral party indirectly related to the primary employer. The neutral party then exerts pressure against the primary employer.

- Outlawed by Taft-Hartely Act

question

Primary boycott

answer

A legally permissible action against the employer directly involved in collective bargaining that involves pressure on others to withhold purchases of the employer's goods or services.

question

Hot cargo agreement

answer

A negotiated contract provision stating that union members of one employer have the right to refuse to handle nonunion or struck goods of other employers.

- Outlawed by Landrum-Griffin Act, garment and construction industries exempted

question

Unfair labor practices by employers (per NLRA Section 8[a])

answer

1) Interference with, restraint, or coercion of employees in rights guaranteed under Section 7
2) Domination or interference with the formation or administration of a labor union
3) Discrimination against union members for their union membership
4) Discrimination against an employee for pursuing the rights under the act
5) Refusal to bargain collectively with representatives of its employees

question

Unfair labor practices by unions (per NLRA Section 8[b])

answer

1) Restraint or coercion of employees in rights guaranteed under Section 7
2) Discrimination against an employee for not engaging in union activities
3) Refusal to bargain in good faith with the employer
4) Conducting secondary strikes or boycotts, or strikes to dislodge another union
5) Requiring a closed shop
6) Demanding "make work" jobs (work of little value assigned only to keep some employed/busy)
- aka, featherbedding
7. Certain picketing activities

question

Grievance

answer

Any formal complaint filed by an employee or union concerning any aspect of the employment relationship. A grievance is generally a perceived violation of a contract provision.

question

Interest arbitration

answer

Interest arbitration resolves conflicts of interest over the establishment of the terms and conditions of employment that are negotiated through collective bargaining and formalized in union contracts.

In other words: A neutral party renders a binding decision on the unresolved components of a collective bargaining agreement.

- Interest arbitration in the private sector is voluntary.
- In the public sector, interest arbitration is often compulsory.

question

Arbitration

answer

A process in which the parties involved agree to submit an unresolved dispute to a neutral third party, whose decision is final and binding.

**Arbitrator's decisions, as long as they are based on interpretation of the contract, should be final and binding and not questioned by the courts.
- one cannot appeal an arbitrator's findings on the merits. You may only appeal based on the process.

question

Grievance arbitration

answer

Involves interpretation of a party's "rights" or the application of a particular provision under an existing contract.
- the burden is on the union to demonstrate a violation of the contract by management

question

Decision criteria in arbitration (according to textbook)

answer

1) contract language
2) past practice
3) fairness
4) industry practice
5) other arbitration rulings
6) future labor relations
7) state and federal law
8) social mores and customs

question

Just cause

answer

Sufficient or proper reasons for which management has the right to discipline or discharge employees.

- for public sector employees, just cause protection is a property right (per 5th Amendment; cannot deprive someone of their property without due process)
- must be given notice of demotions, terminations, and suspensions and an opportunity to respond

question

Seven tests of just cause for discipline

answer

1) Adequate warning. Is the employee given adequate, oral or printed, warning as to the consequences of his conduct?

2) Prior investigation. Did management investigate the case before administering the discipline?

3) Evidence. Did the investigation produce substantial evidence or proof of guilt?

4) Equal treatment. Were all employees judged by the same standards, with rules applied equally?

5) Reasonable penalty. Was the penalty reasonably related to the seriousness of the offense and the past record of the employee?

6) Rule of reason. Was the rule or order reasonably related to efficient and safe operations?

7) Internal consistency. Was management enforcement of the rule or procedure consistent?

question

NLRB Representation Election Procedures

answer

1) Representation Petition
- file with NLRB regional director
- Signatures (on authorization cards, petitions, or union application cards) required from at least 30% of the bargaining unit employees

2) Investigation
- NLRB regional director conducts investigation to determine whether to proceed with an election
- employer's business must sufficiently affect commerce
- actual representation questions must exist
- sufficient employee interest must be demonstrated
- NLRB determines appropriate bargaining unit if employer and union cannot agree

3) Secret-Ballot Election

4) Certification of Election Results
- "laboratory conditions" must exist during pre-election period

question

"Laboratory conditions"

answer

NLRB standard for representation elections. Refers to conditions that provide employees with an atmosphere in which they have a "free choice" of being represented by a bargaining representative or not.

question

Seven social goals of labor relations legislation (per chapter handouts)

answer

1) Preserving property rights
2) Advancing the civil rights of working people
3) Keeping the government out of economic affairs
4) Lessening public inconvenience
5) Controlling monopoly power
6) Controlling the business cycle
7) Equalizing bargaining power

question

Federal Mediation and Conciliation Service (FMCS)

answer

- Independent agency established by the Taft-Hartley Act of 1947.
- Assists in collective bargaining negotiations by providing conciliation and mediation services.
- Depends upon the voluntary cooperation of businesses and unions.

question

1926 Railway Labor Act

answer

- set procedures for determining union recognition by vote of the workers
- forbade discrimination against union membership
- outlawed company unions
- required management to meet with representatives of employees to hear grievances
- set up appeals procedures for arbitration of disputes
- expanded to include airlines in 1936
- model for NLRA passed nine years later

question

Norris-La Guardia Act (1932)

answer

1) "Yellow dog" contract made unenforceable at law
- contract where employees affirm that they are not union members and will not join a union as long as they are employed by the company.

2) Severely restricts the use of injunctions in labor disputes
- representation is a private matter of workers; not subject to intervention by the courts

question

National Labor Relations Act (Wagner-Connery Act) (1935)

answer

The cornerstone of U.S. Federal labor law. The act was the first in history to give most private sector employees the right to organize into unions, to bargain collectively with employers, to define unfair labor practices by employers, and to create the NLRB.

- requires management to bargain with the union
- outlaws "Yellow dog" contracts

question

National Labor Relations Board

answer

An independent agency of the federal government that serves to investigate unfair labor practices, determine appropriate bargaining units, certify unions that legally represent a majority of employees, and administer the provisions of the National Labor Relations Act.

question

Taft-Hartley Act (1947)

answer

- Confirms the right to refrain from union organization and collective bargaining

- Mandated only one election per year for a group of employees

- created decertification process for unrepresentative unions

- Free speech amendment increased the influence of employers on NLRB elections

- Extended the concept of unfair labor practices to unions

- Required a party intending to terminate an agreement to provide the other party with 60 days' written notice

- Outlawed closed shop & secondary boycott
- Re: closed shop: before, unions could discriminate based on race and sex

- Created FMCS

- Requires union to bargain

- Authorizes "right-to-work" laws

- special treatment for Foreman, guards, and professional employees

- president empowered to obtain injunctions in the event of a national emergency

- unions are subject to suits in federal court

- separated General Counsel functions from Board functions

question

Employee at will

answer

Each employee has an individual contract with the employer. Both the employee or company can terminate the employment of an employee at any time for a reason or no reason.
- typical status in non-union private sector entities

question

Landrum-Griffin Act of 1959

answer

Sets minimum standards for democratic procedure, responsibility, and honesty in the internal affairs of unions:

**Unions heretofore were private organizations

- Rights of union members
- right to vote & engage in political activity
- prescribed procedure to raise union dues
- union election frequency

- Responsibilities of union officers
- communists and felons cannot hold union office
- union officers must exclude such persons from union office

- safeguards on the use of union funds
- must be no conflicting interests
- bond requirements

Other:

- Outlaws hot cargo agreements, except in garment and construction industries.
- unions cannot picket companies that are selling struck goods / performing operations on struck work

- economic strikers can vote in NLRB elections

- Picketing for recognition is outlawed under three circumstances
1) other union already recognized
2) within 12 months of lost election
3) no petition has been filed within 30 days

question

Occupational Safety and Health Act (1970)

answer

- Created Occupational Safety and Health Administration
- Requires employers to inform employees of workplace hazards and to remove hazards likely to contribute to health problems or accidents.
- Workplace standards are established; enforced by inspectors.

question

MA equivalent of NLRA

answer

MGL Chapter 150E

question

Exemptions to "At will employment"

answer

1) discrimination (laws)
2) public policy
- cannot fire employees for:
- reporting an employer to a regulator
- testifying against the employer
- filing a rebuttal (to a discipline charge)
- contesting information in personnel file

question

MA equivalent of NLRB

answer

Department of Labor Relations

question

Loudermill Rights

answer

Non-probationary public employees, who are facing discipline, are entitled to certain due process rights:
1) notice of charges (in letter)
2) summary of evidence
3) opportunity to respond (hearing or written explanation)
4) notice of form of punishment

Discipline threshold for Loudermill to apply:
- suspension of greater than five days without pay
- demotion
- termination

question

Family and Medical Leave Act of 1993

answer

The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage.

- FMLA applies to:
- public agencies, including local, State, and Federal employers, and local education agencies
- private sector employers who employ 50 or more employees for at least 20 workweeks in a year.

- FMLA eligibility:
- one year of prior employment
- have worked 1,250 hours during the 12 months prior to the start of leave
- one week waiting period

- FMLA Benefits:
- Twelve workweeks of leave in a 12-month period

- Employers can request info on the nature of the employee's illness/injury

question

Massachusetts Family Leave Act

answer

Duration:
- Medical leave: 20 weeks (paid)
- Family leave: 12 weeks (paid)
Pay:
- paid from state trust fund (based on assessment from employee and employer)
- paid up to $1,084 per week
Eligibility:
- have earned $5,700 for the past four calendar quarters
Other:
- 6 month protection after return to work

**Covers all businesses

question

Decision bargaining

answer

Decisional bargaining refers to an employer's obligation to bargain over the actual decision at issue as opposed to the impact of that decision on bargaining-unit employees

question

Effects/Impact bargaining

answer

Effects bargaining refers to bargaining over the potential impact or effect of a particular decision on bargaining unit employees. Even if an employer has no duty to bargain over a decision (e.g. a decision to lay off employees), the employer does have a duty to bargain over the impact or effects of the decision.

question

Pattern bargaining

answer

A collective bargaining practice in which a national union strives to establish equal wages and benefits from several employers in the same industry. The union uses the negotiated contract of one company to serve as a model contract for the entire industry.

question

"Me too"

answer

Public sector union demands for equal treatment when one union receives something of value.

question

Management's priorities

answer

1) limit costs
2) maintain flexibility; clearly define their rights

question

Union priorities

answer

1) restrict management prerogatives
2) increase wages and benefits

question

Grievance procedure

answer

1) There is a statute of limitations to file a grievance (usually 30 days)

2) Grievance is typically filed with supervisor/unit head
- later appealed to department head and then town/city manager

3) Employee may go to arbitration
- Power to appeal vested in the union; protect itself against unwarranted/weak cases

**In MA, a union can charge non-union members for grievance assistance

question

Massachusetts Wage Act

answer

Supplements FLSA.
- 30 minute meal break required after 6 hours of work
- Discharged employees must be paid in full the day of discharge
- Violations:
- Triple damages
- Payment of attorneys fees of the employee
- no fault law?

question

Sexual Harrasment

answer

Two types of Sexual Harassment:
1) quid pro quo
- rewards in exchange for sexual favors
- threats for refusing to give in to sexual demands
2) hostile environment
- verbal or physical conduct creates a work environment offensive to a reasonable person
- abusive or offensive work environment
- pattern of practices and incidents

**Harassment can occur in other protected categories such as race, religion, age, and disability.

- Federal law enforced by Employment Economic Opportunity Commission

- As a supervisor, you must report and investigate incidents of sexual harassment that are brought to your attention

- In most states, sexual harassment has to be severe and pervasive to qualify under law

- physical contact will almost always qualify as sexual harassment

question

Wages & Effort

answer

One of the four elements of a labor contract. Consists of:
1) pay for time worked (wage levels)
2) the effort bargain
3) premium pay (overtime, etc.)
4) pay for time not worked (vacations)
5) contingent benefits (insurance and pensions)

question

Employees exempted from NLRA:

answer

1) agricultural workers
2) domestic servants
3) persons employed by a parent or spouse
4) persons subject to Railway Labor Act
5) Independent contractors
6) supervisors
7) Government employees

question

Industrial Relations System

answer

1) Inputs
- Environmental variables: the market, power, and technology
- Organizational variables: technology, etc.

2) Exchange processes that convert inputs to outputs
- Collective bargaining (organizational level)
- Legislative process (environmental level)

3) Outputs
- Collectively bargained rules (organizational level)
- Legislation (environmental level)

4) Feedback loop
- outputs impact the environmental and organizational variables and so on

question

Dunlop's three types of rules

answer

1) substantive rules that govern the workplace
- ex) state and federal laws governing health and safety (environmental)
- ex) pay for time worked (organizational)
2) rules for rule making
- ex) federal labor legislation on collective bargaining process (environmental)
- ex) union security and management rights (organizational level)
3) enforcement rules
- ex) unfair labor practices (environmental)
- ex) grievance and arbitration (organizational)

question

Collective bargaining

answer

- Consists of interactions between unions and managers.

- Takes place within the limits of formal rules, practices, laws, and conventions.

- Purpose: regulating relations between an organization (under management) and its workers

- Effect: redistributes power, reallocates resources, rationalizes authority

1 of 135

question

Three contexts of collective bargaining

answer

question

Three things that parties bargain over in a labor negotiation

answer

1) wages
2) hours
3) other terms and conditions of employment

question

Three actors in collective bargaining

answer

Per John Dunlop:
1) employees
2) employers
3) regulators

question

Four elements of a labor contract

answer

1) wages / effort and/or productivity
2) union security/management rights
3) individual security
- just cause
- grievance arbitration
- seniority
4) administration of the contract

question

Two important elements that employees demand in a contract

answer

1) seniority
2) due process

question

Union vs. unit

answer

question

Supervisor

answer

hires, fires, promotes, disciplines, directs, or addresses the grievances of employees
- In the public sector, supervisors may collectively bargain. That is not the case in the private sector.

question

How many people are needed to launch a strike?

answer

a strike has to have at least two people acting in concert

question

Unfair Labor Practice (ULP)

answer

Violation of section 8 of NLRA (as amended per Taft-Hartely Act '1947)

question

Civil Rights Act of 1964

answer

question

Two types of discrimination

answer

Both disparate impact and disparate treatment refer to discriminatory practices. Disparate impact is often referred to as unintentional discrimination, whereas disparate treatment is intentional.

question

Fair Labor Standards Act (1938)

answer

question

Unemployment Insurance (1935)

answer

question

Social Security (1935)

answer

question

Workers' Compensation Insurance

answer

question

Occupational Safety and Health Administration (1970)

answer

question

Immigration Reform and Control Act (1986)

answer

question

Civil Service System

answer

question

MA Sick Leave Law

answer

question

Ways to establish a bargaining relationship

answer

National Level:
1) Voluntary recognition by employer
2) Certification by NLRB

**Card check (only in MA for public sector)

question

Who are excluded from bargaining units (private sector)?

answer

1) supervisors
2) independent contractors
3) agricultural workers
4) public employees

**guards have to bargain separately from other occupations

question

Card Check System (MA only)

answer

question

Community of Interest

answer

question

Free riders

answer

question

Cheap riders

answer

question

Civil Service Reform Act of 1978, Title VII

answer

question

Craft unit

answer

Bargaining unit of workers with a specific or recognized skill (e.g., plumbers). Divided by skill.

question

Industrial unit

answer

Unit with membership of semi-skilled and unskilled workers. Unit usually encompasses entire plant.

question

Steward

answer

On-the-job union representative that carries out the responsibilities of the union at the worksite

question

Unfair labor practices in an organizing campaign (for management):

answer

TIPS:
- Threaten
- Interrogate
- Promise
- Spy

question

Acceptable labor practices in an organizing campaign (for management):

answer

FORE:
- Facts
- Opinions
- Rules
- Experience

question

Distributive Bargaining

answer

question

BATNA

answer

Best alternative to a negotiated agreement

question

WATNA

answer

Worst alternative to a negotiated agreement

question

Integrative Bargaining

answer

question

Interest-Based Bargaining

answer

question

Mandatory bargaining items

answer

Items that must be bargained in good faith if either party requests it.
- wages, hours, and other terms & conditions of employment
- established in Borg-Wagner Supreme Court case

question

Permissive bargaining items

answer

question

Illegal bargaining items

answer

Items that may not be proposed for discussion in bargaining negotiations.
- not enforceable in court
- violate statutes
- ex) closed shop

question

Primary Strike

answer

Strike by a union against its direct employer when a labor dispute occurs

question

Economic Strike

answer

Strike over failure to negotiate economic issues: wages, benefits
- employer can permanently replace strikers
- only needs to reinstate those for whom it has vacant positions

question

Unfair labor practice strike

answer

Strike over employer's action determined by law to be an ULP
- employer cannot hire permanent workers

question

Mackay Doctrine

answer

question

Terms and conditions of employment

answer

- employment security
- job performance
- Union security (including union shop)
- dues check off

question

Core management rights

answer

question

Lock out

answer

Employer withholds employment to resist union demands or to force concessions from the union.

question

Mediation

answer

Introduction of a neutral third party to facilitate compromise; acts a conciliator
- try to cajole both sides to compromise
- concerns collective bargaining agreement

question

Fact-finding

answer

Mediator recommends how impasse may be resolved; offers recommended solution/compromise.
- concerns collective bargaining agreement

question

Union security

answer

question

Union security clause

answer

Requires that all employees within the bargaining unit become & remain "members in good standing" as a condition of employment
- may choose full or limited membership

question

Check-off

answer

contract provision requiring that the employer deduct union dues directly from union employee paycheck
- employee must authorize it

question

Closed union shop

answer

Allowed employer to only hire union members; prospective employees had to join the union first and pay union dues.
- outlawed by Taft-Hartely Act

question

Open union shop

answer

no employee requirements as a condition of employment

question

Union shop

answer

Within a specific period of time, an employee must join the union (full or limited membership) to continue the job
- period varies from 30, to 60, to 90 days

question

Agency union shop

answer

question

Right-to-work legislation (Taft-Hartley)

answer

Permits states to prohibit agreements requiring membership in a labor organization as a condition of employment. States can prohibit union or agency shop forms of union security.

question

Contract bar

answer

A current & valid contract can prevent another union from petitioning for an election and being certified as representative.
- 3 yr contract = 3 yr contract bar

question

Open period

answer

question

Insulated period

answer

question

Cost-of-Living Adjustment (COLA)

answer

compensation increase based on the % by which the cost of living has increased
- measured by changes in CPI

question

Defined benefit pension plan

answer

question

Defined contribution plan

answer

question

Pension Benefit Guarantee Corporation

answer

question

Employee Retirement Income Security Act (ERISA) (1974)

answer

question

Impasse

answer

question

Essentials of due process

answer

1) notice
2) opportunity to contest & respond

question

Evergreen clause

answer

question

Recognition clause

answer

Employer recognizes the union as the sole representative of the bargaining unit.
- Also prevents the work of the bargaining unit from being transferred during the duration of the contract

question

Management rights

answer

Mandatory subjects that the union has agreed to waive, thereby making them unilateral decisions on the part of management.

**Waivers of rights have to be specific

question

Vesting

answer

Process by which an employee accrues rights over employer contributions to employee's qualified retirement account

question

Qualified (Pension) Plan

answer

- Meets standards set by IRS
- employers can deduct contributions as business expenses for tax purposes
- employees also do not have to pay taxes on any dollars invested in the plan from income

question

Supplemental Unemployment Benefits

answer

Provides additional income to supplement state unemployment benefits to laid off employees (paid directly by employer, not the state)

question

Severance pay

answer

a lump-sum or a dispersal of payments given to employees who are terminated through no fault of their own
- no hope of returning to work for company

question

Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA)

answer

Provides for continuance of medical and dental insurance for employees, spouses, and dependents in the event of an employee's death, termination, divorce or other loss of healthcare eligibility

question

Pyramiding of overtime

answer

Overlapping of daily and weekly overtime pay

question

Job security

answer

- right to remain employed during times of layoffs
- fair hearings for discipline
- protection against sub-contracting or automating work

question

Seniority

answer

question

NLRA Section 7 rights

answer

question

Concerted activity

answer

Any action by employees to further their common but not individual interests (wages, hours, working conditions)
- most common form is the strike
- union lobbying of legislation / policy

question

Scabs

answer

Workers who cross picket lines to work when union employees are on strike.

question

24 hour rule

answer

Prohibits employers and unions from making campaign speeches on company time to assemblies of employees within 24 hours of an election

question

Sit-down strike

answer

Takeover of the employer's property; violation of owners property rights

question

Wildcat strike

answer

Economic strike conducted by a minority of the workers without the approval of the union and in violation of a no-strike clause in an existing contract

question

Partial strike

answer

Various types of job actions, such as work slowdowns or refusals to work overtime
- violation of the owner's property rights

question

Sickout

answer

question

Weingarten rule

answer

question

Bargain in good faith

answer

Reasonable efforts demonstrated by both management and labor during contract negotiations. Generally, it requires both sides to meet, confer, and make written offers.

question

Arbitrator considerations for grievance arbitration (per Moschos)

answer

1) bargaining history
2) past practice (if language is ambiguous)
3) the contract language itself
4) other arbitration decisions (arbitrator does not need to adhere to precedent)

question

When can employees solicit support for a union from their fellow employees?

answer

During non-working times.
- Includes lunchtime, break time, rest periods, and before and after the regular workday.

question

No-solicitation policy

answer

question

Typical unfair labor practices (during organizing campaign):

answer

question

Secondary boycott

answer

Union pressure exerted on a neutral party indirectly related to the primary employer. The neutral party then exerts pressure against the primary employer.

- Outlawed by Taft-Hartely Act

question

Primary boycott

answer

A legally permissible action against the employer directly involved in collective bargaining that involves pressure on others to withhold purchases of the employer's goods or services.

question

Hot cargo agreement

answer

question

Unfair labor practices by employers (per NLRA Section 8[a])

answer

question

Unfair labor practices by unions (per NLRA Section 8[b])

answer

question

Grievance

answer

Any formal complaint filed by an employee or union concerning any aspect of the employment relationship. A grievance is generally a perceived violation of a contract provision.

question

Interest arbitration

answer

question

Arbitration

answer

question

Grievance arbitration

answer

question

Decision criteria in arbitration (according to textbook)

answer

1) contract language
2) past practice
3) fairness
4) industry practice
5) other arbitration rulings
6) future labor relations
7) state and federal law
8) social mores and customs

question

Just cause

answer

question

Seven tests of just cause for discipline

answer

question

NLRB Representation Election Procedures

answer

question

"Laboratory conditions"

answer

question

Seven social goals of labor relations legislation (per chapter handouts)

answer

question

Federal Mediation and Conciliation Service (FMCS)

answer

question

1926 Railway Labor Act

answer

question

Norris-La Guardia Act (1932)

answer

question

National Labor Relations Act (Wagner-Connery Act) (1935)

answer

question

National Labor Relations Board

answer

question

Taft-Hartley Act (1947)

answer

question

Employee at will

answer

question

Landrum-Griffin Act of 1959

answer

question

Occupational Safety and Health Act (1970)

answer

question

MA equivalent of NLRA

answer

MGL Chapter 150E

question

Exemptions to "At will employment"

answer

question

MA equivalent of NLRB

answer

Department of Labor Relations

question

Loudermill Rights

answer

question

Family and Medical Leave Act of 1993

answer

question

Massachusetts Family Leave Act

answer

question

Decision bargaining

answer

Decisional bargaining refers to an employer's obligation to bargain over the actual decision at issue as opposed to the impact of that decision on bargaining-unit employees

question

Effects/Impact bargaining

answer

question

Pattern bargaining

answer

question

"Me too"

answer

Public sector union demands for equal treatment when one union receives something of value.

question

Management's priorities

answer

1) limit costs
2) maintain flexibility; clearly define their rights

question

Union priorities

answer

1) restrict management prerogatives
2) increase wages and benefits

question

Grievance procedure

answer

question

Massachusetts Wage Act

answer

question

Sexual Harrasment

answer

question

Wages & Effort

answer

question

Employees exempted from NLRA:

answer

1) agricultural workers
2) domestic servants
3) persons employed by a parent or spouse
4) persons subject to Railway Labor Act
5) Independent contractors
6) supervisors
7) Government employees

question

Industrial Relations System

answer

question

Dunlop's three types of rules

answer

question

Collective bargaining

answer

Order an Essay Now & Get These Features For Free:

Turnitin Report

Formatting

Title Page

Citation

Outline

Place an Order