Human Resource Management Textbook PDF

Human Resource Management Sixteenth Edition Chapter 15 Labor Relations and Collective Bargaining Copyright © 2020, 20...

Human Resource Management Sixteenth Edition Chapter 15 Labor Relations and Collective Bargaining Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Learning Objectives (1 of 2) 15.1 Present a brief history of the American labor movement. 15.2 Give five examples of unfair union practices and of unfair employer practices in labor law. 15.3 Present three examples of what a supervisor should or should not do during the union drive and election. Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Learning Objectives (2 of 2) 15.4 Illustrate with five examples of bargaining that is not in good faith. 15.5 Develop a grievance procedure. 15.6 Give an example of cooperative labor relations. Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Learning Objective 15.1: Present a Brief History of the American Labor Movement Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved The Labor Movement Union membership is down, about 14 million U.S. workers belong to unions. Workers still belong to unions—around 11% of the total number of men and women working in America. Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Why Do Workers Organize? Pay Their fair share of the “pie” Protection from arbitrary whims of management Poor employee relations – low morale – fear of job loss – poor communication Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Employee Engagement and Unionization Modern Survey study: – “paying attention to employee engagement levels within your organization helps to foster positive relationships between employees and management and decreases the likelihood of a workforce seeking union representation.” Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved What Do Unions Want? Union Security – Right to work ▪ Banning requirement of union membership as a condition of employment Improved wages, hours, and benefits Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved The AFL-CIO and the SEIU The American Federation of Labor and Congress of Industrial Organizations (AFLCIO) – Three layers The Service Employees International Union (SEIU) Change to Win Coalition Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Learning Objective 15.2: Give Five Examples of Unfair Union Practices and of Unfair Employer Practices in Labor Law Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Unions and the Law Until about 1930, no special labor laws – in response to changing public attitudes and economic conditions, labor law has gone through three clear periods: ▪ “strong encouragement” ▪ “modified encouragement coupled with regulation” ▪ “detailed regulation of internal union affairs” Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Period of Strong Encouragement The Norris-LaGuardia (1932) – Right to collective bargain – Yellow dog contract unenforceable – Limited courts abilities on stop orders National Labor Relations (or Wagner Act) 1935 – Unfair labor practices – Secret ballot elections – National Labor Relations Board (NLRB) Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Unfair Employer Labor Practices The Wagner Act prohibits five employer practices: – Interfere with right of self-organization – Dominate formation/administration of unions – Discriminate against employees for union activities – Discriminate against employees for filing unfair practice charges – Refuse to bargain collectively Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Period of Modified Encouragement (Coupled with Regulation) Taft-Hartley Act of 1947 (or Labor Management Relations Act) – Prohibit unfair union labor practices – Enumerating the rights of the employee as a union member – Enumerating the rights of employers – Allowing the President of the United States to bar temporarily national emergency strikes Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Unfair Union Labor Practices The Taft-Hartley Act listed prohibited union practices: – Restraining or coercing employees from exercising bargaining rights – Cause an employer to discriminate – Refuse to bargain in good faith – Engage in featherbedding Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Rights of Employees and Employers Rights of Employees – Unions may not restrain or coerce employees Rights of Employers – must avoid threats, promises, coercion, and direct interference with workers – no threat of reprisal or promise of benefit National Emergency Strikes Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Period of Detailed Regulations of Internal Union Affairs The Landrum-Griffin Act (1959) (Labor Management Reporting and Disclosure) – Bill of Rights for union members – Right in the nomination of candidates for union office – Due Process – Rules regarding union elections Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Learning Objective 15.3: Present Three Examples of What a Supervisor Should or Should Not Do During the Union Drive and Election Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved The Union Drive and Election (1 of 5) Step 1: Initial contact Labor relations consultants Union salting Public pressure Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved The Union Drive and Election (2 of 5) Step 2: Obtaining authorization cards Figure 15-2 Sample Authorization Card Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved The Union Drive and Election (3 of 5) Step 3: Hold a hearing Enough evidence Determine the Bargaining Unit Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved The Union Drive and Election (4 of 5) Step 4: The Campaign Union efforts to will votes Management efforts to win votes Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved The Union Drive and Election (5 of 5) Step 5: The Election Figure 15-3 Sample NLRB Ballot Occurs within 30 to 60 days Secret Ballot Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved How to Lose an NLRB Election 1. Asleep at the switch 2. Appointing a committee 3. Concentrating on money and benefits 4. Delegating too much to divisions Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved What to Expect the Union to Do to Win the Election Data analyzed from 261 NLRB elections to boost unions’ chances they’ll win an election: – reliance on a slow, underground, person-to-person campaign – building active rank-and-file participation – press for a first contract early – use “inside and outside pressure tactics to build worker commitment – emphasis on issues such as respect and fairness Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved The Supervisor’s Role TI PS – Do not Threaten, Interrogate, make Promises to, or Spy on employees FO RE – You may give employees Facts, express your Opinion about unions, explain factually correct Rules, and share your Experiences about unions. Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Know Your Employment Law Rules Regarding Literature and Solicitation Let’s take a look… Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Decertification Elections: Ousting the Union Decertification – the legal process for employees to terminate a union’s right to represent them The law grants employees the right to terminate (decertify) their union’s right to represent them. Decertification campaigns are similar to certification campaigns. Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Improving Performance: HR Practices Around the Globe France Comes to the Worker’s Aid Let’s talk about it… Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Learning Objective 15.4: Illustrate with Five Examples of Bargaining That Is Not in Good Faith Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved The Collective Bargaining Process (1 of 2) What is collective bargaining? – both management and labor are required by law to negotiate wages, hours, terms and conditions of employment “in good faith” What is good faith? – Reasonable effort to arrive at an agreement The negotiating team Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved The Collective Bargaining Process (2 of 2) Costing the Contract – Cost union’s demands carefully Bargaining items – Mandatory items – Voluntary items – Illegal items Bargaining guidelines Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Impasses, Mediation, and Strikes Impasse (Stalemate) Third-party involvement – Mediation – Fact-finder – Arbitration Sources of third party assistance Strikes Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Trends Shaping HR: Digital and Social Media Unions Go Digital Let’s take a look… Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved The Contract Agreement Contract agreement may be a 20- or 30-page document, or longer May contain just general declarations of policy, or detailed rules and procedures Tendency today is toward the longer contract Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Learning Objective 15.5: Develop a Grievance Procedure Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Dealing with Disputes and Grievances Grievance Process Sources of Grievances The Grievance Procedure Guidelines for Handling Grievances – The best way for a supervisor to handle a grievance is to develop a work environment in which grievances don’t arise in the first place. Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Improving Performance: HR Tools For Line Managers and Small Businesses How to Handle a Grievance Situation Let’s talk about it… Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Learning Objective 15.6: Give an Example of Cooperative Labor Relations Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved The Union Movement Today and Tomorrow Why union membership is down What Are Unions Doing About It? – Aggressively Organizing – Pushing Congress – Class Action suits Cooperative Labor-Management Relations – Cooperative partnership Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Chapter 15 Review What you should now know…. Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved Copyright This work is protected by United States copyright laws and is provided solely for the use of instructors in teaching their courses and assessing student learning. Dissemination or sale of any part of this work (including on the World Wide Web) will destroy the integrity of the work and is not permitted. The work and materials from it should never be made available to students except by instructors using the accompanying text in their classes. All recipients of this work are expected to abide by these restrictions and to honor the intended pedagogical purposes and the needs of other instructors who rely on these materials. Copyright © 2020, 2017, 2015 Pearson Education, Inc. All Rights Reserved