Solution Manual for Labor Relations Process 11th

Edition Holley Ross Wolters 1305576209

9781305576209
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CHAPTER 5

Why and How Unions Are Organized

Outline
I. Why Unions Are Formed
a. Work and job conditions
i. Alienation Theory: Employees seek collective action to relieve their feelings of
alienation caused by division of labor and mechanized manufacturing under
capitalist ownership
ii. Scarcity Consciousness Theory (Selig Perlman): employees unionize to protect
jobs in a job-scarce labor market through work rules, apprenticeship programs,
seniority layoff programs, and legislation to protect employees' job rights
iii. Wheeler Model of Union Formation: A two-stage process that involves (1)
worker’s readiness to take some form of aggressive action and (2) that worker
coming together with other workers to take some form of collective action
b. Employees' background and needs
i. Previous membership
ii. Parental attitudes and family experiences
iii. Needs for affiliation, status, and belonging
iv. Race—positively associated with pro-union attitudes
c. Influences on Employees’ Votes for and against Unions (Exhibit 5.1)
i. Employee confidence that union will improve their personal situations
ii. Employee must be convinced of "union instrumentality" Factors include: social
pressure, job satisfaction/dissatisfaction, and attitudes and beliefs about unions
d. Union challenge of organizing the diverse work force
i. Attraction of minorities, contingent, skilled, and part-time employees
ii. Part-time employees
e. Organizing professional employees
i. Compatibility of unionism with professionalism
ii. Pro: collective bargaining can achieve and maintain professional values
iii. Con: unionization is a rejection of key professional values

II. Activities of the Union in Organizing Employees

i. Initial interests in unionization—employees dissatisfied with some work-related
situation
ii. Employees begin process of unionization
iii. Roles of union organizers

© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
 iv. Changing workforce
v. Training of union organizers; AFL-CIO Organizing Institute (Exhibit 5.2)
vi. Union organizers identify problems and show employees how the union can
assist in solving problems (see Exhibit 5.3)
vii. Rank and file intensive strategy yields higher win rates (see Exhibit 5.4)

III. Activities of the Company in Union Organizing

 Must convince employees it deserves their support, or at least a second chance
 Employer enters campaign with three distinct advantages
 Favorable position during pre-election campaign
 Use and effectiveness of employer tactics and practices: hiring lawyers, rumors, delays
i. Second chance strategy
ii. Use of consultants and attorneys
iii. Surface bargaining
iv. Illegal discharge is used by some employers when financial gains of keeping
union out are greater than legal costs of law violation and reinstatement
v. Worker misclassification; employee vs independent contractor
vi. Employee rights under the NLRA
a. Unintended Consequences of Anti-Union Behavior
i. Employees’ fear of reprisals
ii. Stress effects to employees

IV. Methods of Organizing Unions (Exhibit 5.5)

i. Voluntary recognition; Card Check Procedure; neutrality agreement (Exhibit 5.6)
ii. NLRB directives (Gissel case)
a. NLRB Secret ballot elections (Exhibit 5.7 and 5.8)
i. Pre–NLRB-Election Union Campaigns
ii. Filing a Petition for the Election
iii. Election Investigation and Hearing; directed elections
iv. Appropriate Bargaining Unit; community of interests
v. Evaluation for appropriate bargaining unit
b. After the election
i. Unions fail to secure first contract 25 to 30 percent of the time
ii. Employers refuse or fail to bargain 13 percent of the time
iii. Increase in unfair labor practice charges
c. Duties of the Exclusive Bargaining Agent and Employer
d. After election loss by union (Exhibit 5.9)
e. Mandatory Secret Ballot Elections vs Employee Free Choice Act (EFCA)
i. Secret Ballot Protection Act
ii. Employee Free Choice Act
iii. Card check procedure (Exhibit 5.10)

V. Conduct of the representation election campaign (Exhibit 5.10)

a. Campaign Doctrines and NLRB Policies
i. Conduct doctrine: isolated incidents must be considered in light of entire
campaign
ii. Analysis of data and conclusions
b. Captive audience–24-hour rule: speeches cannot be presented to employees during
working hours within 24 hours of election
c. Polling or Questioning Employees

© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
 d. Distribution of union literature and Solicitation by Employees on Company Property
i. Banned in work areas at all times
ii. May not be disruptive to business (limited to nonworking time and areas), nor
may literature include confidential company data
e. Showing films during Election Campaigns
i. Showing of films does not alone constitute an unfair labor practice
f. Use of E-Mail, Internet, and Social Media
i. NLRB upheld employer policy banning use of company e-mail system to support
union organizing
g. New Union Strategies
i. Instituting cyberspace organization with the Internet
i. Union salts
ii. Corporate campaigns
iii. Strategic Organization Fund (Exhibit 5.11)

VI. Decertification Procedures

i. Fair treatment of employees by employers
ii. Poor job by unions (especially smaller unions) of providing services to members
iii. Inability of unions to negotiate an effective first contract after winning
bargaining rights
iv. Striking employees having skills that can be readily replaced so that when a
strike occurs, the employer hires replacements
v. Good Faith Doubt; Objective evidence (Exhibit 5.12)
vi. Raid elections

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Discussion Questions
1. Refer to the reasons employees become members of unions to assess the means used by
union organizers to meet these needs.

The reasons that employees become union members are alienation over work conditions; job
scarcity consciousness (or concern over job security); dissatisfaction with job factors (low
wages and unfair work rules); peer pressure; social or family backgrounds; lack of job
opportunities; denial of involvement in decision-making processes (mostly white collar); and
union membership resulting from contractual obligation (such as union shop agreement).
Union organizers will appeal to employees to join the union and call to their attention job
related concerns, interests and problems that could be resolved or alleviated through union
membership. Exhibit 5-3 displays examples of work-related problems and employee
concerns and shows what the union could negotiate in a labor agreement to address these
problems and concerns.

2. Select an organization with which you are familiar, and determine the number of bargaining
units that would be appropriate.

The students may select the college or university, a business or any organization for which
they work or have worked. Since there will be a multitude of student answers, the main
purpose is that each bargaining unit determination considers the following relevant factors:
 interests of employees and employer
 community of interest
 history of collective bargaining
 transfers of employees
 geography and physical proximity of work places
 employer's administrative and territorial divisions
 degree of separation of work or integration of work

3. Explain the contract bar doctrine. How would it influence the negotiation of the first labor
agreement?

The contract bar doctrine specifies that a valid, signed agreement for a fixed period of one
to three years will bar any representation election for the life of the agreement (a longer
contract is still limited to three years).

The union will probably attempt to negotiate a three-year agreement in order to provide
security for the union and to prevent any election during the three-year period. The
company may resist any proposal for a three-year agreement, especially if it believes the
union could be decertified after 12 months or it does not want to provide security to the
union. On the other hand, the company may accept the three-year proposal in the interest of
developing a more stable, mature labor relations climate.

4. Appraise the shifting positions of the NLRB on representation election campaigning.

Over the years, the NLRB has developed the totality of conduct doctrine, which considers
specific incidents within the general circumstances of the campaign.

© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
 Earlier, the NLRB had established specific guidelines for employer and union speeches that
interfere with employee rights to a fair election. Subjects considered include
misrepresentation of fact, sources of the speaker, time of presentation, effect on the election,
and employees' qualifications to evaluate statements. In 1982, the NLRB indicated that it
would not probe into the truth or falsity of the union's or management's campaign
statements. The Board would intervene in cases where one of the parties used forged
documents. But, the Board concluded that today's employees are more educated and
sophisticated than their historical counterparts.

5. Prescribe a "do" and "don't" list for supervisors involved in unionization campaigns so that
they will not commit any unfair labor practices.

Students should be expected to develop their lists primarily from the content of the chapter;
however, additional suggestions are permissible. Examples:

Do not
 make threatening statements to any workers.
 assign union advocates to less desirable jobs.
 call employees together for a "captive audience" speech within 24 hours of the
election.
 interview employees about how they will vote in the election.
Do
 assure that employees continue to perform the work for which they were employed.
 practice good supervision at all times.
 treat all employees fairly and equitably regardless of their interest in the union.
 follow management's directives about what to tell employees during the campaign.

6. Why do you believe employers are becoming more interested in decertification elections?

The following reasons are some reasons that may interest employers in decertification
elections:
 fairer treatment of employees by employers.
 unions doing a poor job of providing services to their members (especially in
smaller unions).
 inability of union to negotiate an effective first contract.
 striking employees who are union members replaced by nonunion employees

7. Explain the following statement: "It is not the union that organizes the employees; it is
management."

This statement indicates that management frequently creates the climate or conditions that
allow unions to convince workers they need union representation. In other words, it is often
more difficult to organize workers who are employed in well-managed organizations. This
does not mean that companies with unions representing employees are poorly managed. In
fact, some companies become better managed after the workers join unions or when the
workers show an interest in a union.

Please note that the unionization process is not a simple matter. However, the issue of
whether poor management causes unionization should cause fruitful discussion.

© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
8. What would be a good response from a union organizer for each statement in the Labor
Relations in Action feature on page 239?
Objection
"Why should I join the union
when I get exactly the same
wages and benefits without
joining?"
"I can't afford to join. I've got a
family to support, and my check
just isn't big enough [to cover
union dues]."
"I don't believe in unions. They
are too strong and powerful
now to suit me."
"I don't need a union. My
employer is fair and will take
care of me. Without a union I
get along fine. What could the
union get for me that I wouldn't
have gotten anyway?"
"My husband (or other relative)
doesn't like unions.”
"The union does not do
anything for you [grievances
are not settled satisfactorily]. I
don't like the people who are
running things in the union.”
"I can handle my own affairs. I
can take care of myself. I'll
make my own decisions. I do
not intend to stay on this job
forever; I'm looking for a
promotion."
"My religion doesn't permit me
to belong to any outside
organizations."
"My boss doesn't believe in
unions. I've seen what happens
to union members."
© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Answer
You may get the same wages and benefits without
joining, but without a strong majority, the union
will be weak and all employees, including you, will
be paid less. Together, we will be strong. The data
show that union members earn more.
You can't afford not to join. Sure, you may save a
little each month; but we all suffer for
nonmembership in the long run.
Do you believe in democracy? Do you believe in
employee rights? Do you believe in checks and
balances between companies and union? If the
answer is yes, then you believe in unions. They're
not too strong and powerful. They may be
examples of misuse of power, but by and large,
union members are just like you and me. We form
a common bond to achieve and protect our
interests.
Your employer may be fair now. Will he always be
fair? Why is he fair? Is the distribution of
resources equitable? Do you know? What are the
facts? Do you need representation?
Why does your husband not like unions? Did he
have a bad experience? Let me tell you about the
good experiences. Higher wages, grievances
subject to arbitration, better working conditions,
improved pension, etc.”
If you don't like the people, vote them out. That's
your right. If you are not a member of the union,
you don't vote, but they still represent you—that's
the union's legal obligation
That's an admirable position. However, when it's
you against a large employer, you are the
lightweight, the employer is the heavyweight.
You ought to check your religious principles
closely, but most religious beliefs are consistent
with union principles.
Your boss may not believe in unions, but the law
provides you the right to form unions and to join a

"I don't want anything to do
with unions. They are all
corrupt."
"I don't know enough about the
local or the union movement."
"I'm not interested. I just don't
want to join."
“I'll think about it. Maybe I'll
join someday."
union if you wish. Furthermore, these rights are
protected through our legal system.
Some unions are corrupt, but laws exist to protect
against corruption. Only a very, very small
number of unions are corrupt. In fact, the unions
compare very favorably with other sectors, bank
executives, business leaders, government officials,
etc.
Let me give you this pamphlet about the beginning
of unions, why they started, what they believe, and
why they remain an intricate part of our system.
Come attend a meeting with me. Meet the
members. They're just like us. They have families;
they want their company to succeed; they want
their children to be better off than they are; they
want better results from their job
We meet next Tuesday at 7:00; I'll pick you up at
your place. See you then.

9. Review the arguments for and against the Employee Free Choice Act and the Mandatory
Secret Ballot Protection Act. How would you vote? Give your reasons.

The Employee Free Choice Act would have required card-check recognition which favors
unions in the representation process but provides no safeguards for undue organizing
pressure on employees. It also would have required arbitration of the initial collective
bargaining contract which could remove the impetus for unions and employers to bargain
for an agreement and simply wait for a third-party to decide.

The Secret Ballot Protection Act requires secret ballot elections that uphold the privacy
rights of employees in the election process and guards against undue organizing and peer
pressure that may be present in a “request” to sign an authorization card. Card-check
recognition may be necessary when employers engage in egregious ULPS during the
organizing process.

Exploring the Web

1. AFL-CIO Organizing Institute
2. Union Organizing
3. Role of Supervisors in Unionization Campaign
4. Union Salts
5. Employer Positions of Labor Laws and Labor Relations

Students should use an internet search engine (e.g., Google) to locate the relevant web pages for
these exercises. Specific URL address links for the exercises are not listed because they are
rendered nonfunctional when link-associated web sites and pages are updated.

Suggested Readings and Term Paper Topics

1. How have "union-busting" techniques changed since the early 1900s?

© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Possible references:
Deshpande, S. P. (2003). Decertification Elections in Health Care: Some Recent Evidence. Health Care
Manager, 22, 2, 108-121.
Deshpande, S. P. (2003).Labor relations strategies and tactics in hospital elections. Health Care Manager,
22, 1, 52-54.
Lawler, J. J. (1990). Unionization and deunionization: Strategy, Tactics, and outcomes. Columbia, S.C.:
University of South Carolina Press.
Rechtschafen, S. D. (June, 1998). The new strategy of union organizing. HR Focus, 75, (6), 3-4.
Spognardi, M. A. (Autumn, 1998). Conducting a successful union-free campaign: A primer. Employee
Relations Law Journal, 24, 35-51.

2. What do unions have to offer the worker today? Why do people vote for (or against)
unions? Compare and contrast the Summers, Betton, and DeCotiis and the Gettman,
Goldberg, and Herman models designed to explain why people do or don't want to be
represented by labor unions.

Possible references:
Bronfenbrenner, K. (1997). The role of union strategies in NLRB certification elections. Industrial &
Labor Relations Review, 50, 195-212.
Deshpande, S. P. (2003).Labor relations strategies and tactics in hospital elections. Health Care Manager,
22, 1, 52-54.
Davy, J. A., & Shipper, F. (Feb., 1993). Voter behavior in union certification elections: A longitudinal
study. Academy of Management Journal. 36, (1) 187-199.
Gettman, J. G., Goldberg, S. B., and Herman, J. B. (1976). Union representation elections: Law and
reality. N.Y.: Russell Sage Foundation.
Summers, T. P., Betton, J. H., & DeCotiis, T. A. (1985). Voting for and against unions: A decision model.
Academy of Management Review, 11, 643-655.
Sweeney, J. J., & Kusnet, D. (1996). America needs a raise. Boston: Houghton-Mifflin.

3. Why do unions lose NLRB representation elections? Support your arguments.

Possible references:
Bronfenbrenner, K. (1997). The role of union strategies in NLRB certification elections. Industrial &
Labor Relations Review, 50, 195-212.
Deshpande, S. P. (2003). Decertification Elections in Health Care: Some Recent Evidence. Health Care
Manager, 22, 2, 108-121.
Hatfield, D. E. (1999). Diversification and win rate in NLRB certification elections. Journal of Labor
Research, 20.
Kochan, T. A. (Ed.) (1985). Challenges and choices facing American labor. Cambridge, MA: MIT Press.
Sandver, M. H., & Ready, K. J. (1998). Trends in and determinants of outcomes in multi-union certification
elections. Journal of Labor Research, 19, 165-172.

4. It has been said that "a company that deserves a union gets one," suggesting that if
proper leadership and motivation techniques are employed and desirable policies
devised, the workers will not want to unionize. Either agree or disagree with this
philosophy. Support your position.

Possible references:
Foulkes, F. K. (1980). Effective personnel policies: A study of large, nonunion employers. Englewood
Cliffs, NJ: Prentice-Hall.
Jacoby, S. M. (2004). Employing bureaucracy : Managers, unions, and the transformation of work in the
20th century. Mahwah, N.J. : Lawrence Erlbaum.

© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Kaufman, B. E., & Stephan, P. E. (1995). The role of management attorneys in union organizing
campaigns. Journal of Labor Research, 16, 439-454.
Lagerfeld, S. (November, 1981). The pop psychologist as union buster. The AFL-CIO American
Federationist, 88, 6-12.
Fiorito, J., Lowman, C., & Nelson, F. D. (1987). The impact of human resource policies on union
organizing. Industrial Relations, 26, 113 -126.

5. What are the causes and consequences of employee commitment (also called
organizational commitment, company loyalty)? What effect do labor unions have on
this commitment?

Possible references:
Barling, J., Wade, B., & Fullagar, C. (March, 1990). Predicting employee commitment to company and
union: Divergent models. Journal of Occupational Psychology, 63, (1), 49-61.
Boyd, C. (1992). Individual commitment and organizational change. New York: Quorum Books.
Lucas, J. R. (1999). The passionate organization: Igniting the fire of employee commitment. NY:
AMACOM.
Romzek, B. S. (September, 1989). Personal consequences of employee commitment. Academy of
Management Journal, 32, (3), 649-661.

6. Should unions try to organize part-time workers? Why or why not? How are part-time
workers different from full-time workers? How can a union tailor its approach to meet
their unique needs?

Possible references:
Barker, K., Christensen, K. (1998). Contingent work: American employment relations in transition. Ithaca,
NY: ILR Press.
Bergsman, S. (Sept., 1989). Part-time professionals make the choice. Personnel Administrator, 34, (9), 49-
52.
Fogen, J. H. (Feb., 1989). Labor unions: Don't count them out yet! Academy of Management Executive, 3,
(1), 67-69.
Jacoby, S. M. (2004). Employing bureaucracy : Managers, unions, and the transformation of work in the
20th century. Mahwah, N.J. : Lawrence Erlbaum.
Zeytinoglu, I. U. (1990). Part time work in the education sector: A study of teachers in Ontario's elementary
schools. Journal of Collective Negotiations in the Public Sector, 19, 319-337.

7. Interview a union official who is responsible for organizing new "locals" in the union.
How do his experiences organizing locals correspond to and differ from the material
described in the text?

8. What is "Surface Bargaining”? Is it a problem, or a part of U.S. Industrial Relations

System that should remain unchanged? How is it related to decertification efforts by
employers? Support your positions. Should the present industrial relations system be
changed? If so, how? If not, why not?

Possible references:
Cooke, W. N. (1985). Union organizing and public policy: Failure to secure first contracts. Kalamazoo,
Michigan: Upjohn Institute.
Sanyal, R. N. & Neues, J. S. (1992). A study of union ability to secure the first contract in foreign-owned
firms in the USA. Journal of International Business Studies, 23, (4), 697713.
Schupp. R W. (June, 1991). When is a union not a union? Good-faith doubt by an employer Labor Law
Journal , 42, 357-365.
Silverman, T. (Aug/Sept., 1988). The effect of a petition for decertification on the bargaining process: The
reversal of Dresser Industries. San Diego Law Review, 25, (3), 581-608.

© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
9. Suppose that you are a Human Resource Manager in a nonunion manufacturing
facility. Recently, you have suspected that several job applicants are really union
"salts." ("Salting" is when union organizers apply for jobs with nonunion firms in
hopes of either getting hired and organizing a union or, if not hired, filing charges with
the NLRB accusing the firm of discriminating against them because they are pro-
union.) You aren't eager to hire professional union organizers to work for you, but you
don't want to run afoul of the law either. What, if anything, should you do? Write a
paper, analyzing the issue of "salting," and offering and justifying your
recommendations.

Possible references:
Castagnera, J. O. & Fine, C. R. (1999). Union salting since Town & Country: An analysis of new industry
strategies. Labor Law Journal , 50, 264-274.
Lucas, M. D. (Winter, 1997) Salting and other union tactics: A unionist's perspective. Journal of Labor
Research, 18, 55-64
McClenahen, J. S. (June 3, 1996). Watch the salt! Industry Week, 245, (11), 63-65.
Mello, J. A. (1998). Redefining the rights of union organizers and responsibilities of employers in union
organizing drives. SAM Advanced Management Journal, 63, (2), 4-9.

10. Analyze the labor movement in Puerto Rico, with particular attention to union
organizing there. How is union organizing different in Puerto Rico from the U.S.
mainland?

Possible references:
Figueroa, H. (Nov., 1996). Puerto Rican workers: A profile. NACLA Report on the Americas, 30, 29-30.
Luxner, L. (Oct., 2000). Puerto Rico: Life after Section 936. Global Finance, 14, 111-112.
Maust, J. (April 25, 1994). Teachers file suit over school-choice program. Christianity Today, 38, 42.
Ness, I. (Jan., 2000). Organizing in Puerto Rico: Interview with Jose La Luz. Working USA, 3, (5), 135-
148.
Reyes, H. R. (Sept., 1998). Puerto Rican workers strike back. NACLA Report on the Americas, 32, 6-9.

11. Assume that you are a Human Resource Manager in a firm where the union has just
filed a petition to schedule an NLRB-supervised union certification election. You are
now writing a report to first-line supervisors ("foremen") on things they should do and
say (and avoid doing and saying) as part of your firm's efforts to avoid becoming
unionized. You especially want to avoid any unfair practice charges.

Possible references:
Deshpande, S. P. (2003). Labor relations strategies and tactics in hospital elections. Health Care Manager,
22, 1, 52-54.
Kaufman, B. E. & Stephan, P. E. (1995). The role of management attorneys in union organizing campaigns.
Journal of Labor Research, 16, 439-454.
Peterson, R. B., Lee, T. W., & Finnegan, B. (1992). Strategies and tactics in union organizing. Industrial
Relations, 31, 370-381.
Segal, J. A. (June, 1998). Unshackle your supervisors to stay union free. HR Magazine, 43, (7), 177-184.

12. In Canada, it is possible to have either union representation or "nonunion

representation." How does the latter work? How does it differ from the former? Is this
a system the U.S. should copy? Why or why not?

Possible references:

© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Kaufman, B. E. (Ed.) (2000). Nonunion employee representation: History, contemporary practice, and
policy. Armonk, NY: M.E. Sharpe.
Taras, D. G. (Winter, 1999). Evolution of nonunion employee representation in Canada. Journal of Labor
Research, 20, (1), 31-51. This entire issue of this journal may be relevant to this topic.
Taras, D. G., & Copping, J. (1998). The transition from formal nonunion representation to unionization: A
contemporary case. Industrial and Labor Relations Review, 52, (1), 2244.
Troy, L. (1999). Beyond Unions and Collective Bargaining. Armonk, N.Y.: M. E. Sharpe.

13. Agree or disagree: Unions show the most growth in both members and wages during
periods of economic growth and the most declines in members during economic
recessions. Justify your position.

Possible references:
Ashley, T., & Jones, E. B. (1996). Unemployment, union density, and wages. Journal of Labor Research,
17, (1),173-183.
Bronars, S. G., Deere, D. R. (1993). Union organizing activity, farm growth, and the business cycle.
American Economic Review, 83, 203-220.
Fiorito, J., Jarley, P., & Delaney, J. T. (1995). National union effectiveness in organizing: Measures and
influences. Industrial & Labor Relations Review, 48, 613-635.
Haus, L. (2002). Unions, Immigration, and Internationalization: New Challenges and Changing Coalitions
in the United States and France. New York: Palgrave Macmillan.
Juin-Jen, C., Ching-Chong, L., & Wen-Ya, C. (1998). A dynamic model of union membership and
employment: A comment. Economica, 65, 145-151.

14. What are some innovative union organizing tactics that have been developed during
the last 10 years? Do they work?

Possible references:
Fiorito, J., Jarley, P., & Delaney, J. T. (1995). National union effectiveness in organizing: Measures and
influences. Industrial & Labor Relations Review, 48, 613-635.
Lloyd, J. (Aug. 16, 1996). A new generation, fit for the fight. New Statesman, 9, 30-31.
Milton, L. (2003). An Identity Perspective on the Propensity of High-Tech Talent to Unionize, Journal of
Labor Research, 24, 1, 31-53.
Rechtschaffen, S. D. (June, 1998). The new strategy of union organizing, HR Focus, 75, (6).
Shostak, A. B. (1991). Robust unionism: Innovations in the labor movement. Ithaca, NY: ILR Press.

15. Secure, via inter-library loan, a copy of one of the following videos dealing with union
organizing. Does your chosen video agree with or contradict what you have learned
about union organizing in this course? What was in the video that you had not covered
in this course?

Possible videos:
------- (1986). Who needs unions? McGraw-Hill Films.
Durst, W. (1995). Ties that bind. Oakland, CA: California Working Group.
Levitt, M., Gagala, K. L., & See, J. (1990). A dirty business. Labor Education Service, Industrial Relations
Center, University of Minnesota - Twin Cities.

16. Using NLRB cases found in your university library (available either in print form or
electronically, as with BNA's Labor and Employment Law Library (Weekly), analyze
70-100 cases involving allegations of employer threats during union organizing
campaigns. Are most allegations substantiated, or dismissed? What types of threats are
most common? Do such threats work? What are the NLRB penalties for making

© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
 threats? What factors seem to influence how the NLRB will decide the case? For
example, does it make a difference if the threat is true?

Possible references:
Bronfenbrenner, K. (March, 1997). We'll close! Plant closings, plant-closing threats, union organizing, and
NAFTA. Multinational Monitor, 18, (3), 8-13.
Segal, J. A. (June, 1999). Expose the union's underbelly. Fighting union organizing. HR Magazine, 44, (6),
166-167.
Truesdale, J.C. (2003). A Guide to Sources of Information on the National Labor Relations Board.
Industrial & Labor Relations Review, 57, 1, 154-155.

17. Analyze the use of professional consultants by organizations as they seek to avoid
unionization. What role do these consultants play? Is it legal? Is it ethical? How should
unions respond to the challenge such consultants pose?

Possible references:
Deshpande, S. P. (2003). Labor relations strategies and tactics in hospital elections. Health Care Manager,
22, 1, 52-54.
Hindman, H. D. (1998). Determinants of public sector certification election outcomes: Evidence from
Ohio. Journal of Collective Negotiations in the Public Sector, 27, 347-364.
Levine, M. J. (1990). Labor relations consultants, the bankruptcy loophole, concession bargaining, and
two-tier wages: Recent labor trends or aberrations? Business and Society, 29, 29-38.
Phillips-Fein, K. (Sept., 1998). A more perfect union buster. Mother Jones, 23, (5), 62-65.
Taylor, D. (Nov. 1, 2000). Who you gonna call? A secretive new army of consultants is about to arrive
from the U.S. Their mission: To help keep restless British workers in check. The Guardian, 2 & 10.

18. Analyze variations in union and employer campaign tactics in NLRB-supervised union
certification elections. Do some tactics seem to produce favorable outcomes for the side
that uses them? Support your position.

Possible references:
Bronfenbrenner, K. (1997). The role of union strategies in NLRB certification elections. Industrial &
LaborRelationsReview, 50, 195-212.
Clyde, S., Seers, A., & Culpepper, R. (1996). Determinants of union election outcomes in the non-hospital
health care industry. Journal of Labor Research, 17, (4), 701-716.
Deshpande, S. P. (2003). Labor relations strategies and tactics in hospital elections. Health Care Manager,
22, 1, 52-54.
Getman, J. G., Goldberg, S. B., & Herman, J. B. (1976). Union representation elections: Law and reality.
New York: Russell SageFoundation.
Shostak, A. B. (1991). Robust unionism: Innovations in the labor movement. Ithaca, NY: ILR Press.

19. Write a paper about union decertification elections. What causes attempted
decertification? What role does the employer play? Workers? What factors seem to
determine whether decertification efforts are successful?

Possible references:
Deshpande, S. P. (2003). Decertification Elections in Health Care: Some Recent Evidence. Health Care
Manager, 22, 2, 108-121.
Devinatz, V. G., & Rich, D. P. (1996). Information, disinformation, and union success in certification and
decertification elections. Journal of Labor Research, 17, 199-212.
Jelf, G. S. (1997). Union decertification research: Review and theoretical integration. International Journal
of Control Management, 8, 306-338.
Lawler, John J. 1990. Unionization and Deunionization: Strategy, Tactics, and Outcomes. Columbia, SC:
University of South Carolina Press.

© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Meyer, D., & Bain, T. (1994). Union decertification election outcomes: Bargaining unit characteristics and
union resources. Journal of Labor Research, 15, 117-127.

© 2017 Cengage Learning®. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.