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The Labor Relations Process 11Th Edition Ebook PDF All Chapter Scribd Ebook PDF
The Labor Relations Process 11Th Edition Ebook PDF All Chapter Scribd Ebook PDF
Chapter 4 Unions and Management: Key Participants in the Labor Relations Process 134
Goals and Strategies: Management and Unions 135
Company Strategic Planning 136 n Nonunion Companies’ Strategies 137
Labor Relations in Action: Post-Electromation: Tests to Determine Whether Teams
and their Activities Are in Violation of 8(a)(2) of NLRA 142
Unionized Companies’ Strategies 142 n Union Strategic Planning 145
Company Organization for Labor Relations Activities 149
Union Governance and Structure 151
The Local Union 154 n Differences between Local Craft and Industrial
Unions 155 n Government and Operation of the Local Union 157 n The National
or International Union 159 n Leadership and Democracy 161
Labor Relations in Action: Rules Governing Union Officer Elections (U.S.
Department of Labor) 162
Profile of Union Leaders 162 n Administration 163 n Professional Staff
Members 163 n Services to and Control of Locals 164 n Dues, Fees, and
Distribution of Funds 165 n Mergers of National Unions 166 n Intermediate
Organizational Units 167 n Independent Unions 167 n Employee
Associations 168 n The American Federation of Labor and Congress of Industrial
Organizations (AFL-CIO) 168 n Organizational Structure 169
Union Corruption and the Landrum–Griffin Act 175
Union Security 177
Union Security Provisions 178 n Closed Shop 178 n Union Shop 178 n Agency
Shop 179 n Contingency Union Shop 181 n Union Hiring Hall 181 n Preferential
Treatment Clause 182 n Dues Checkoff 182 n Right-to-Work Laws: Controversy
and Effects 182 n Arguments for Right to Work Laws 185 n Arguments for
Abolishing Right-to-Work Laws 186 n Recent U.S. Supreme Court Decision 187
Case Study 4-1: Employee Rights under the Landrum–Griffin Act 194
Case Study 4-2: Financial Core Membership Rights under the Beck Decision 195
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Contents vii
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viii Contents
Labor Relations in Action: Contract Ratification Process Affecting East and Gulf
Coast Ports 307
Reasons for Rejection of Tentative Contract Agreements 308
Case Study 6-1: The Funeral Leave Policy Proposal 317
Case Study 6-2: Classification of a Bargaining Subject 318
Case Study 6-3: The Influenza Work Rule 319
Case Study 6-4: Refusal to Furnish Requested Information 322
Case Study 6-5: The Mileage Reimbursement Policy 323
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Contents ix
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x Contents
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Contents xi
Part 4 Applying the Labor Relations Process to Different Labor Relations Systems
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xii Contents
in the Federal Sector 661 n Grievance Procedures and Arbitration in the Federal
Sector 662 n Labor–Management Forums in the Federal Government 662
Labor Relations in Action: Arbitration under the Federal Service Labor–management
Relations Statute 663
Homeland Security Act 663
Labor Relations in the U.S. Postal Service 665
Similarities between Private- and Public-Sector Bargaining 666
Differences between Private-Sector and Public-Sector Bargaining 668
The Market Economy Does Not Operate in the Public Sector 668 n The Relationship
between the Budget and Public-Sector Bargaining Processes 669 n Employee Rights
and Obligations 669
Collective Bargaining Structures and Decision-Making Processes 671
Negotiable Issues and Bargaining Tactics 672 n Grievance
Administration 675 n The Right-to-Strike Controversy 675 n Discipline of Public-
Sector Employees 676
Labor Relations in Action: Douglas Factors in Deciding Disciplinary Punishment of
Federal Employees 677
Interest Dispute Impasse-Resolution Procedures in the Public
Sector 677 n Mediation 678 n Fact-Finding and Arbitration of Interest
Disputes 678 n Effectiveness of Fact-Finding and Arbitration of Interest
Disputes 680 n Referendum 681 n Conclusions on Public-Sector Labor
Relations 682 n Challenges and Opportunities for Public-Sector Unions 684
Case Study 13-1: Unions Representing Public Employees 694
Case Study 13-2: Discharge for Off-Duty Conduct 695
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Preface
This textbook is a culmination of more than 100 years of classroom teaching to more
than 10,000 undergraduate and graduate college students. The eleventh edition of The
Labor Relations Process reflects our original objective in writing the book: to provide stu-
dents with a textbook that will generate an understanding of and appreciation for core
elements of union–management relationships. We have attempted to involve the student
with the subject matter and to create an interest in related issues that will continue after
the student completes the course. A model of the labor relations process (Exhibit 1.2) is
presented in the first chapter and expanded in subsequent chapters through extensive
references to academics and practitioners that focus on real-world situations and con-
cerns. This provides a balance between concepts and applications for the reader.
The eleventh edition of The Labor Relations Process continues our long-standing tra-
dition of being the most comprehensive text on the market.
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xiii
xiv Preface
Supplementary Materials
Instructor’s Manual with Test Bank
This supplement includes chapter outlines, answers to end-of-chapter discussion ques-
tions, case notes, suggested student readings and term projects, and both instructors’
and students’ instructions for the Collective Bargaining Negotiations Exercise (available
on our product support Web site). The Test Bank has been fully revised, updated, and
expanded.
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Acknowledgments
We are especially grateful to the following professors for their reviews and suggestions
on this revision:
Jeffrey Arthur, Virginia Tech
James Benson, Boise State University
Kristian F. Braekkan, Virginia Tech
Richard J. Campbell, University of Rio Grande
Kim Hester, Arkansas State University
Dr. Miguel R. Olivas-Lujan, Clarion University of Pennsylvania
Tony Vrba, Tarleton State University
We also extend our appreciation to those who made valuable suggestions for previ-
ous editions: Todd Baker, John C. Bird, Mollie Bowers, Gene Brady, James F. Byers,
Joseph M. Cambridge, Anthony Campagna, James Chambers, William Chase, Boyd
Childress, Milton Derber, Satish Desphande, Victor Devinatz, James B. Dworkin, Randyl
D. Elkin, Geraldine Ellerbrock, Art Finkle, Paul Gerhart, Dennis W. Gibson, Carol L.
Gilmore, Thomas P. Gilroy, David Gray, Charles R. Greer, Marvin Hill, Jr., Wayne
Hochwarter, Janis Holden, Denise Tanguay Hoyer, Thomas Hyclak, H. Roy Kaplan,
Zeinrab A. Karake, Katherine Karl, Philip Kienast, John Kilgour, Toni S. Knechtges,
Kenneth A. Kovach, Charles Krider, Thomas W. Lloyd, Eugene Lorge, Howard T.
Ludlow, Karl O. Magnusen, Douglas M. Mahoney, Marick Masters, William Maloney,
Pamela Marett, Douglas McCabe, Patrick McHugh, Frank Milman, Jonathan Monat,
Roy Moore, William L. Moore, Thomas Noble, Carol Nowicki, Lou Parrotta, Dane M.
Partridge, Robert Penfield, Alex Pomnichowski, Roy R. Reynolds, Robert Rodgers,
Richard L. Rowan, Sue Schaefer, Machelle K. Schroeder, Peter Sherer, David Shulenber-
ger, Donna M. Testa, Herman A. Theeke, Peter A. Veglahn, Suzanne M. Vest, Jeffrey L.
Walls, William Werther, Elizabeth Wesman, and Carolyn Wiley.
We also wish to thank Sarah M. Philips, Cathy Wright, and Charlie T. Cook for
their aid in the preparation of this book.
Finally, we would like to thank Cengage Learning for its fine work on this book. We
are especially grateful to Erin Joyner, Vice President and General Manager; Michael
Roche, Senior Product Manager; Brian Pierce, Content Developer; Jennifer Ziegler,
Senior Content Project Manager; Kristina Mose-Libon, Art Director; Emily Horowitz,
Marketing Manager; and Casey Binder, Marketing Coordinator.
William H. Holley, Jr.
Auburn University
William H. Ross
University of Wisconsin—La Crosse
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About the Authors
William H. Holley, Jr., has had research published in a variety of journals including Labor
Law Journal, Arbitration Journal, Employee Responsibilities and Rights Journal, Journal of
Construction Engineering and Management, and Industrial Relations. He has engaged in
consulting with private and public organizations and served as an Administrative Hearing
Officer in the grievance procedure of the City of Auburn, Alabama. Dr. Wolters is a mem-
ber of the Labor and Employment Relations Association. Outside interests include golfing
and motorcycling.
William H. Ross has taught labor relations, collective bargaining, and human resource
management courses for 30 years. He teaches at the University of Wisconsin—La Crosse,
where he also serves as Chairperson of the Department of Management. He does research
on third-party dispute resolution procedures, including mediation and arbitration, as well
as the implications of technological innovations for human resource management. His
research has been published in Academy of Management Review, Journal of Applied Psychol-
ogy, Labor Law Journal, and Negotiation Journal. Dr. Ross is on the editorial board of The
International Journal of Conflict Management and Negotiation and Conflict Management
Research. He is a member of the Academy of Management, the Society for Industrial-
Organizational Psychology, and other professional organizations. Dr. Ross received his
B.A. from Auburn University and his M.A. and Ph.D. in Industrial-Organizational Psy-
chology, with a minor in Labor and Industrial Relations, from the University of Illinois.
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xvii
The Labor Relations Process
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PART
1
Recognizing Rights and
Responsibilities of Unions
and Management
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Part 1 introduces the labor relations process
that will be discussed throughout the book,
placing it in historical and legal perspec-
tives. It also examines the difference
between union and management organiza-
tions and their labor relations strategies.
Chapter 1
Union–Management Relationships in Perspective
Chapter 2
The History of Labor–Management Relationships
Chapter 3
Legal Influences
Chapter 4
Unions and Management: Key Participants in the Labor Relations
Process
Chapter 5
Why and How Unions Are Organized
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3
CHAPTER 1
Union–Management Relationships
in Perspective
BOB SAT IN his office staring out the window and thinking
about the future. As the human resources manager of the firm,
Bob had just finished preparing an announcement to be sent to
all employees informing them that the company had just been
sold to a larger competitor. After 20 years of service, Bob was
very proud of the employee relations that existed at his
company and wondered how things might change now that a
larger corporation would be in charge. Although Bob’s unit was
not unionized, he knew that the new owner had a number of
unionized facilities within its corporate structure. Bob had never
thought much about what it would be like to manage in a
unionized firm and whether the management strategies he had
relied upon throughout his career would be as effective or even
entirely legal. How might the labor relations process change if
he had to deal with employees as a group through their
selected union representative rather than as individuals? Would
there be an effort to equalize employment terms and policies
between union and nonunion facilities of the new owner?
Would unions already representing employees at other similar
facilities of the owner now seek to organize employees at
Bob’s unit? While Bob had more questions than answers about
the immediate future, he did resolve to be proactive by
attempting to expand his current level of knowledge about the
labor relations process.
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Questions
1. In your opinion, what is the biggest difference between managing
employees in a unionized versus nonunion firm?
2. In your opinion, does having other unionized facilities within a corpora-
tion’s operating units alter management’s approach to labor relations at
its nonunion facilities and, if so, give an example to illustrate what you
mean.
oday’s global economy presents many challenges and opportunities for both employers
T and employees. As organizations seek to use resources both efficiently and effectively,
there will be inevitable tension over how best to manage those assets to benefit both
ownership and employees. The effective management of human resources is critical to
maintaining an organization’s competitiveness. Recognition of and respect for the legitimate
interests of both labor and management are an important step in building and maintaining
work relationships capable of adapting to change in the competitive environment most
organizations face. Stable work relationships are built upon trust between ownership and
employees, which is reflected in both the actions and words of the parties.
Chapter 1 seeks to build a basic frame of reference for understanding the labor relations
process by first defining the three phases of the labor relations process and then placing this
process into an analytical perspective. Chapter 1 introduces the activities, focal point,
participants, and influences of the labor relations process, which are discussed in detail in
subsequent chapters. The chapter ends with a discussion of the current status of union
membership and the relevance of labor organizations in today’s economy.
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5
6 PART 1 • Recognizing Rights and Responsibilities of Unions and Management
representatives jointly determining work rules (policies) governing the parties’ rights
and responsibilities affecting wages, hours, or other terms and conditions of employ-
ment (discussed in Chapters 6, 7, and 8). The outcomes of such negotiations have an
important impact on a firm’s labor costs, management’s rights, and covered employees’
standard of living. Most interest disputes (i.e., a dispute over what the terms or condi-
tions of employment or work rules will be) are resolved voluntarily by union and man-
agement negotiators during the bargaining process. Strikes, lockouts, mediation, and
interest arbitration are examples of impasse resolution techniques (discussed in
Chapter 9) that can be used to resolve an interest dispute. Phase 2 of the labor relations
process generally receives the most media attention even though phases 1 and 3 are
equally essential.
3. Administration of the negotiated labor agreement—the interpretation and applica-
tion of labor contract terms on a daily basis. Once contract terms have been settled
in phase 2, there is a need to apply those terms every day during the stated term or dura-
tion of the labor agreement. The contract enforcement phase of the labor relations pro-
cess is generally accomplished through daily union and management interactions and,
when necessary, the use of a grievance-arbitration procedure to resolve rights disputes
(i.e., disputes over the interpretation or application of a contract’s terms, discussed in
Chapters 10, 11, and 12). Resolving rights disputes accounts for the most time and
energy spent by union and management officials in the labor relations process and
usually involves a larger number of these officials than the preceding phases.
Of course, not all labor–management relationships progress smoothly through these
three phases. Indeed, employees and their chosen union representative at some public-
and private-sector organizations have a difficult time moving from the recognition of
an employee bargaining representative (phase 1) through the remaining two phases of
the process.1
The phases of the labor relations process are subject to qualitative variation as well.
In the first phase, for example, organizations vary in the amount of mutual trust and
respect union and management officials have for each other’s goals. In the second
phase, negotiations are carried out with different levels of intelligence, preparation, and
sincere desire to achieve results. The third phase may vary as to how well the negotiated
labor agreement is understood and effectively administered in good faith by both parties.
There are probably as many different relationships as there are union and management
officials negotiating labor agreements.
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CHAPTER 1 • Union–Management Relationships in Perspective 7
Exhibit 1.1
Elements in the Labor nology
Tech
Relations Process
La
bo
rM
ar
k
Employees
et
my
no
Eco
the
s
itor Sup
pli
ed
of
State Cr Owners er
s
agement Work Rules Membersh
an Of on
M ni ip
fic
U
Loc
Subc
er
Existence and
Product Market
ials
Oth
Management Union
C u s t o m e rs
z a tio n s
a l, S t a t e, a n
Particular
Negotiators Negotiators
o ntr a ct o rs
Content
and and
gani
Administrators Negotiation Administrators
and
Or
d
Administration at
nd
N
on
io
na er sa
C
Stoc l Lab
k h o l d e r s tit or or O f fi c
s
su
Fina
lta pe
nts
Com
nci
Third-Party Neutral
al M
ark
et
Government:
Executive, Legislative, Judicial
es
rc
Federal State Local Fo
al
tion
a
ern
Pub Int
lic O
pinion
broad topic including many academic concerns. For example, sociologists have examined
employee alienation; psychologists have investigated causes of job satisfaction and work
motivation; economists have studied wage determination; and political scientists have
assessed the impact of union and management as interest groups attempting to influence
government policy and legislative outcomes.
John Dunlop’s book Industrial Relations Systems provides a useful focal point for
these diverse academic approaches. Dunlop suggested that the center of attention in
labor relations should be the work rules negotiated between management and union offi-
cials. Work rules facilitate the implementation of operational plans designed to accom-
plish an organization’s strategic goals. Work rules determine employees’ standard of
living and the work environment within which employees will spend a substantial por-
tion of their time. Today external factors (e.g., state of the economy, technology, interna-
tional forces) play an increased role in determining the substance and type of work rules
created by union and management representatives.
It is important to understand the influences determining the creation and particular
content of work rules.2 Work rules can be placed in two general categories: (1) rules
governing compensation in all its forms (e.g., wages, overtime payments, vacations, holi-
days, shift premiums) and (2) rules specifying the employees’ and employers’ job rights
and obligations, such as no employee strike or employer lockout during the term of the
labor agreement. This second category of rules may specify performance standards,
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8 PART 1 • Recognizing Rights and Responsibilities of Unions and Management
promotion qualifications and procedures, job specifications, and layoff procedures. Addi-
tional examples of work rules are furnished in Exhibit 1.2.
Compensation work rules, such as a negotiated wage rate, often capture the attention of
employees and the media because they are negotiation outcomes that are easier for most
people to understand and compare. Union and management officials, however, may attach
equal or greater importance to work rules regarding the second work rule category, job
rights, and obligations. Managers are often adamant about retaining control over key oper-
ating decisions such as determining the number and types of employees, equipment and
technology decisions, geographic location of company operations, and operating hours. In
order to appreciate the importance of these rules, consider the following three examples:
Managers at Company “A” are interested in obtaining a work rule that permits production
employees to perform “minor repairs,” instead of requiring higher paid maintenance
employees to do the tasks. At Company “B” the union wants to reduce forced overtime;
they want workers to have the final decision about whether and when they will work over-
time. About 39 percent of union contracts contain limitations on the right of management
to require employees to work overtime. At Company “C” union leaders are seeking work
rules that would change the standard work week to less than 40 hours required to earn
full-time pay and benefits.3 Why would the union at Company “C” seek a shorter work
week? Assuming the number of employee work hours required to meet a firm’s workload
is relatively stable, reducing the number of hours considered to be an employee’s full work
week would theoretically require additional employee positions (and potentially more due-
paying union members) or create more overtime work opportunities for employees.
Work rules can vary depending upon whether they are common or unique in the sub-
ject matter addressed and vague or specific in the wording used to express the rule. Because
work rules are the outcome of joint negotiation between union and management represen-
tatives, neither party typically gets the exact contract language it originally preferred. Com-
promise language is often worded more generally, which allows room for interpretation.
However, vague wording can lead to subsequent grievance disputes during the contract’s
term as management implements its interpretation of contract terms through job decisions
and that interpretation is challenged by employees or their union representative through the
grievance dispute process. The wording or interpretation of work rules can also change over
time in response to changes in operating environments and the need for greater flexibility.
For example, the work rules for airline flight attendants today would most certainly dif-
fer from the following three work rules formulated in the 1930s: (1) swat flies in the cabin
after takeoff, (2) prevent passengers from throwing lighted cigar butts out the windows, and
(3) carry a railroad timetable in case of plane trouble. Today, the flight attendants’ union is
concerned with issues such as too much luggage stuffed into overhead compartments, which
may fall and hit a passenger, and passenger use of cell phones during flights, which could
pose a security risk by making it easier for terrorists to communicate with each other.4
An analysis of work rules helps to explain the complex output of the labor relations
process. The formal labor agreement in this sense represents a compilation of jointly
negotiated work rules. However, as discussed in Chapter 10, labor relations activities
are not limited to the negotiation of work rules. The labor relations process also
includes the everyday interpretation and application of work rules and the resolution of
any disputes arising over such decisions.
Concern over health care workers’ exposure to H1N1 flu, the Ebola virus, and
acquired immune deficiency syndrome (AIDS) represents working conditions that create
a need for appropriate work rules to limit patients’ and health care workers’ exposure.
A nurses’ union could seek to negotiate health and safety work rules aimed at protecting
members from unnecessary occupational exposure or ensure the availability of appropri-
ate treatment when exposure does occur.5
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CHAPTER 1 • Union–Management Relationships in Perspective 9
Exhibit 1.2
Examples of Work Rules Job or Industry
Classification Work Rule
Companies and unions are also negotiating “no-smoking” rules in the workplace both
as a health benefit and a means of reducing health care costs associated with smoking-
related insurance claims. In 1908, a Columbia University professor insisted that “the dele-
terious effects of tobacco are greatly exaggerated,” a belief that prevailed for the next
70 years. Now, union and management officials and possibly arbitrators at thousands of
facilities jointly determine whether the issuance of a no-smoking policy is reasonable and
whether an employee was properly disciplined or discharged for violating the rule. For
example, in Kansas City, an arbitrator ruled that a collective bargaining agreement between
the fire department and the firefighters union that allowed smoking in designated areas of
fire stations prevailed over a newer law banning smoking inside work facilities.6
A majority of employers engage in one or more forms of electronic monitoring of
employee work performance. Computer monitoring software, bar code scanners, video
cameras, and pressure-sensitive plates have enabled management to monitor employee
performance in various ways, such as counting the number of key strokes made on com-
puter keyboards, listening to employees’ telephone conversations with customers, following
truck drivers via Global Positioning Satellite (GPS) signals, or viewing computer files,
e-mail messages, and Internet connections on company computers. Employers have several
legitimate interests for monitoring. These include evaluating employees’ work performance,
seeking to eliminate illegal employee misconduct, protecting their company’s trade secrets,
and defending the firm’s business reputation. Employees have a legitimate interest in
ensuring that their union representatives negotiate appropriate work rules to govern the
time, place, and method of such electronic monitoring as well as the use of such informa-
tion to reward or penalize employees’ work performance. Employees also have a legitimate
interest in discussing wages, hours, and working conditions among themselves electroni-
cally (e.g., on social media Web sites) without fear that managers are electronically moni-
toring their discussions in order to punish those who criticize the company.7
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CHAPTER 1 • Union–Management Relationships in Perspective 11
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12 PART 1 • Recognizing Rights and Responsibilities of Unions and Management
Employees are treated here as a separate category because they may demonstrate
dual loyalty to both their employer and union organization.11 Most employees want
their organization to be successful but also value the ability of their union to voice
employee concerns to managers or demand that employees be treated fairly both in com-
pensation and work activities. For example, public employees such as firefighters, police,
and teachers may feel torn between the critical or professional nature of their jobs and
the strategic advantages of a strike. Auto workers may agree that operating costs, includ-
ing labor costs, must be reduced for their employer to remain competitive. Yet they
expect their union representative to ensure that when profitability improves employees
will fairly share in that improvement. Employees’ varied interests help shape the exis-
tence and content of particular work rules and thus employees are considered a third
key participant in the labor relations process.
The government acting through its different branches—executive, legislative, and
judicial—at the federal, state, and local levels represents another key participant in the
labor relations process. As discussed in Chapters 2 and 3, the government’s role in
regulating labor relations has gradually increased over time as the importance of labor
relations to the effective functioning of the economy has become more apparent. In the
public sector, government officials also serve as managers in the labor relations process,
representing both taxpayers and the general public’s interests (discussed in Chapter 13).
In the private sector, the federal government has traditionally played an indirect role
in determining the outcomes of work rule negotiations, preferring to allow union and
management representatives to determine such work rules through the bargaining pro-
cess. Governments in many other industrialized countries (see Chapter 14) take a much
more active role in both regulating and determining the outcomes of specific work rules
(e.g., amount of paid vacation time). The federal government’s hands-off approach in
most private-sector bargaining situations is based on the belief that most management
and union officials are better equipped than their government counterparts to assess
their needs and limitations and reach a mutually acceptable labor agreement.
Although the federal government does not dictate the terms of a negotiated labor
agreement, laws, judicial decisions, and administrative agencies, such as the NLRB, can
influence work rules and the ability to exercise legally granted rights. The following three
examples illustrate this: First, legislation to deregulate the trucking and airline industries
has contributed to reduced union membership and economic gains for employees.12 Sec-
ond, the Age Discrimination in Employment Act prohibits union and management offi-
cials from negotiating a mandatory retirement age of 60 years. Third, although some coal
miners have long believed that females working in mines would be bad luck, union and
management officials would be violating sexual discrimination aspects of the Civil Rights
Act if they negotiated a provision prohibiting female employees from working in mines.
Third-party neutrals (i.e., mediators and arbitrators) represent a final key partici-
pant in the labor relations process. Differences between union and management officials
that arise in negotiating the terms of a labor agreement (interest disputes) or administer-
ing its provisions (rights disputes) are often resolved with the aid of a third-party neu-
tral. Mediators (discussed in Chapters 9 and 13), often supplied by the Federal
Mediation and Conciliation Service (FMCS) or a state or private mediation agency, may
be used to help resolve interest disputes during contract negotiations. The mediator
assists the union and management officials to clarify and resolve their differences, thus
promoting a voluntary settlement. The mediator does not possess any binding legal
authority to require the parties to settle an interest dispute, but he or she will offer
advice to help each party assess its own priorities and the costs or risks associated with
failing to reach a voluntary agreement.
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CHAPTER 1 • Union–Management Relationships in Perspective 13
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14 PART 1 • Recognizing Rights and Responsibilities of Unions and Management
A third underlying assumption of the U.S. labor relations system is that collective bar-
gaining provides a process for meaningful employee participation through independently
chosen representatives in the determination of work rules. Employees in the U.S. labor
relations system are not required to form or join a labor organization for the purpose of
engaging in collective bargaining, but they are permitted to do so when a majority of the
employee group expresses such a preference. In the absence of collective bargaining, indi-
vidual bargaining may occur between an employer and his or her employee. Labor history
suggests that most employees are at a relative bargaining power disadvantage in individual
bargaining when confronted with the greater resources of their employer, but each
employee is free to determine the degree of satisfaction that his or her own individual bar-
gaining experience provides. Many unrepresented employees, for a variety of reasons, do
not attempt to engage in individual or collective bargaining, thereby permitting the
employer to unilaterally (without bargaining) establish work rules, setting the terms and
conditions of employment. In limited cases, employment terms may be mandated by gov-
ernment action (e.g., minimum wage law, safety, and health standards).
Exhibit 1.3 presents a list of some basic characteristics of the private-sector U.S. labor rela-
tions system. These characteristics will be discussed in further detail throughout the text.
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CHAPTER 1 • Union–Management Relationships in Perspective 15
Exhibit 1.3
Basic Characteristics of the
• Primarily a bilateral process (union and management) governed by a framework
U.S. Private-Sector Labor
Relations System of labor laws. For example, LMRA, Labor Management Reporting and Disclo-
sure Act (LMRDA), Railway Labor Act (RLA), OSHA, Family Medical Leave Act
(FMLA), ERISA, ADA, Norris-LaGuardia Act, and anti-discrimination laws.
• A highly decentralized bargaining structure that results in a large number of
labor contracts negotiated most often between a single employer and a spe-
cific union to cover a defined group of employees (bargaining unit) at a specific
geographic location.
• Recognition of the key legal principles of majority rule and exclusive bargaining
representation. No union can gain the right to represent a group of employees
for purposes of collective bargaining without first demonstrating the majority
support (50 percent + 1) of the employees in that group. Once recognized, the
union is the only legal representative authorized to negotiate work rules with
the employer to establish the work group’s terms and conditions of
employment.
• Permits the use of economic pressure (e.g., strike, lockout, picketing, and boy-
cott) to aid the parties (union and management) in reaching a voluntary negoti-
ated settlement of interest disputes over what the terms and conditions of
employment will be.
• Encourages the use of final and binding arbitration, if voluntary grievance nego-
tiation efforts fail, to resolve rights disputes that arise during the term of a con-
tract over the interpretation or application of the labor agreement’s terms.
• Characterized by significant employer opposition to employee efforts to orga-
nize and bargain collectively through representation by an independent labor
union chosen by the employees themselves.
inflation, employees will pay more for consumer debt (e.g., credit cards, auto, or home
loans). A union might respond to such a rising interest/inflation rate environment by
seeking to negotiate pay improvements that exceed the rate of inflation as well as by
offering group discount rates to members on benefits such as credit cards or various
types of consumer loans. In a low interest/inflation rate environment, a union might
focus more on job security issues knowing members are more likely to be satisfied with
moderate wage and benefit improvements that match the low inflation rate.
The unemployment rate affects work rules that provide job protection. Chapter 6
discusses ways in which the unemployment rate can affect the bargaining power of union
and management officials. If this and other economic measures pertaining to the gross
national product, productivity, cost of living, compensation at all employee levels, and
exports and imports are unfavorable, unions will be more likely to accept bargaining
concessions. By the same token, strong product sales, economic growth, and low
unemployment tend to strengthen union bargaining power as employers have more reason
to compromise to avoid any disruption in the production of current products or services.
The National Bureau of Economic Research has determined that the most recent
recession affecting the U.S. economy began in December 2007 when the national unem-
ployment rate was 4.9 percent. By October 2009, the national unemployment rate had
risen to 10.2 percent, representing 15.7 million individuals—the highest rate since the
recession in the early 1980s. By September 2014, the unemployment rate had declined to
5.9 percent, representing 9.3 million individuals. An additional 698,000 individuals were
classified as discouraged workers who had given up searching for a job because they
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16 PART 1 • Recognizing Rights and Responsibilities of Unions and Management
believed no jobs were available for them.15 While unemployment rates are expected to
continue to decline as economic recovery occurs, the decline is expected to be gradual,
extending over several years, as employers are typically reluctant to add new jobs or fill
existing vacancies until the recovery in product and service demand is well established.16
The skills, wage levels, and availability of employees in a relevant labor market can
affect negotiated work rules. Management is often concerned with ensuring that an ade-
quate supply of labor of the skill levels required to operate is available in a particular com-
munity. For example, a firm needing skilled employees from a relatively low-skilled labor
market supply would probably wish to negotiate work rules regarding apprenticeship pro-
grams or other forms of job training. Management would also consider negotiating a rea-
sonable employee probationary period (e.g., 60–120 days) within which it could terminate
a union-represented employee who cannot learn the job and perform adequately, with no
union right to protest the action through the labor contract’s grievance procedure.
One example of a labor–management cooperative effort to assist employees in adjust-
ing to changes in labor market forces is the Alliance for Employee Growth and Develop-
ment, Inc., created in 1986 as a joint enterprise by American Telephone & Telegraph
(AT&T), the Communication Workers of America (CWA), and the International Brother-
hood of Electrical Workers (IBEW) to help displaced workers. Today, the Alliance also
includes employers Alcatel-Lucent, OFS Optical Fiber, and Avaya.17 The Alliance has pro-
vided training and development services to more than 175,000 individuals, helping to pre-
pare them to handle new technologies, job skills training (e.g., technical, customer service,
teamwork), and career transition training. Other outstanding examples include the United
Auto Workers (UAW)/General Motors Skills Centers and the joint training programs of
Ford Motor Company and the UAW. The Service Employees International Union (SEIU)
has partnered with Kaiser-Permanente in California to provide training to upgrade the
skills of workers in entry-level jobs, such as housekeeping. Trainees can then move into
health care–related jobs such as medical assistant and acute care nursing assistant that
offer higher pay and more career potential. The vacancies created in entry-level jobs are
filled with those transferring from part-time positions and from newly hired unemployed
and economically impoverished workers who have also received training. In the building
trades, unions have played a major role in training skilled workers. Because workers
move from employer to employer on a regular basis, single construction companies have
less financial incentive to train employees who may end up working for a competitor.
Therefore, the unions, through their training and apprenticeship programs, provide an
obvious contribution to the general national welfare. In fact, unions and their contractors
outspend their nonunion counterparts by a ratio of 50 to 1 in training investments.18
Both management and union representatives should share an interest in establishing
competitive compensation rates for comparably skilled employees within a relevant
external labor market and internally within the firm itself. Externally, when wages are
increasing, both the firm and the union may want to pay comparable wage rates.
Employees generally see this as fair and owners see it as a way to attract and retain
good workers. In cases where the employer faces significant labor cost competition
from nonunion or foreign employers, a union may have to agree to compensation reduc-
tion that will permit a unionized employer to remain competitive in pricing goods or
services sold in the firm’s product or service markets. Internally, a job with higher skill
or responsibility requirements should earn a higher compensation rate than jobs with
less skill or job responsibility requirements.
The labor relations process can be affected by the product or service market where
the company either sells its product or purchases key elements required for production
of its products or services. Management would be more vulnerable if a strike occurred at
Copyright 2017 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203
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DANCE ON STILTS AT THE GIRLS’ UNYAGO, NIUCHI
I see increasing reason to believe that the view formed some time
back as to the origin of the Makonde bush is the correct one. I have
no doubt that it is not a natural product, but the result of human
occupation. Those parts of the high country where man—as a very
slight amount of practice enables the eye to perceive at once—has not
yet penetrated with axe and hoe, are still occupied by a splendid
timber forest quite able to sustain a comparison with our mixed
forests in Germany. But wherever man has once built his hut or tilled
his field, this horrible bush springs up. Every phase of this process
may be seen in the course of a couple of hours’ walk along the main
road. From the bush to right or left, one hears the sound of the axe—
not from one spot only, but from several directions at once. A few
steps further on, we can see what is taking place. The brush has been
cut down and piled up in heaps to the height of a yard or more,
between which the trunks of the large trees stand up like the last
pillars of a magnificent ruined building. These, too, present a
melancholy spectacle: the destructive Makonde have ringed them—
cut a broad strip of bark all round to ensure their dying off—and also
piled up pyramids of brush round them. Father and son, mother and
son-in-law, are chopping away perseveringly in the background—too
busy, almost, to look round at the white stranger, who usually excites
so much interest. If you pass by the same place a week later, the piles
of brushwood have disappeared and a thick layer of ashes has taken
the place of the green forest. The large trees stretch their
smouldering trunks and branches in dumb accusation to heaven—if
they have not already fallen and been more or less reduced to ashes,
perhaps only showing as a white stripe on the dark ground.
This work of destruction is carried out by the Makonde alike on the
virgin forest and on the bush which has sprung up on sites already
cultivated and deserted. In the second case they are saved the trouble
of burning the large trees, these being entirely absent in the
secondary bush.
After burning this piece of forest ground and loosening it with the
hoe, the native sows his corn and plants his vegetables. All over the
country, he goes in for bed-culture, which requires, and, in fact,
receives, the most careful attention. Weeds are nowhere tolerated in
the south of German East Africa. The crops may fail on the plains,
where droughts are frequent, but never on the plateau with its
abundant rains and heavy dews. Its fortunate inhabitants even have
the satisfaction of seeing the proud Wayao and Wamakua working
for them as labourers, driven by hunger to serve where they were
accustomed to rule.
But the light, sandy soil is soon exhausted, and would yield no
harvest the second year if cultivated twice running. This fact has
been familiar to the native for ages; consequently he provides in
time, and, while his crop is growing, prepares the next plot with axe
and firebrand. Next year he plants this with his various crops and
lets the first piece lie fallow. For a short time it remains waste and
desolate; then nature steps in to repair the destruction wrought by
man; a thousand new growths spring out of the exhausted soil, and
even the old stumps put forth fresh shoots. Next year the new growth
is up to one’s knees, and in a few years more it is that terrible,
impenetrable bush, which maintains its position till the black
occupier of the land has made the round of all the available sites and
come back to his starting point.
The Makonde are, body and soul, so to speak, one with this bush.
According to my Yao informants, indeed, their name means nothing
else but “bush people.” Their own tradition says that they have been
settled up here for a very long time, but to my surprise they laid great
stress on an original immigration. Their old homes were in the
south-east, near Mikindani and the mouth of the Rovuma, whence
their peaceful forefathers were driven by the continual raids of the
Sakalavas from Madagascar and the warlike Shirazis[47] of the coast,
to take refuge on the almost inaccessible plateau. I have studied
African ethnology for twenty years, but the fact that changes of
population in this apparently quiet and peaceable corner of the earth
could have been occasioned by outside enterprises taking place on
the high seas, was completely new to me. It is, no doubt, however,
correct.
The charming tribal legend of the Makonde—besides informing us
of other interesting matters—explains why they have to live in the
thickest of the bush and a long way from the edge of the plateau,
instead of making their permanent homes beside the purling brooks
and springs of the low country.
“The place where the tribe originated is Mahuta, on the southern
side of the plateau towards the Rovuma, where of old time there was
nothing but thick bush. Out of this bush came a man who never
washed himself or shaved his head, and who ate and drank but little.
He went out and made a human figure from the wood of a tree
growing in the open country, which he took home to his abode in the
bush and there set it upright. In the night this image came to life and
was a woman. The man and woman went down together to the
Rovuma to wash themselves. Here the woman gave birth to a still-
born child. They left that place and passed over the high land into the
valley of the Mbemkuru, where the woman had another child, which
was also born dead. Then they returned to the high bush country of
Mahuta, where the third child was born, which lived and grew up. In
course of time, the couple had many more children, and called
themselves Wamatanda. These were the ancestral stock of the
Makonde, also called Wamakonde,[48] i.e., aborigines. Their
forefather, the man from the bush, gave his children the command to
bury their dead upright, in memory of the mother of their race who
was cut out of wood and awoke to life when standing upright. He also
warned them against settling in the valleys and near large streams,
for sickness and death dwelt there. They were to make it a rule to
have their huts at least an hour’s walk from the nearest watering-
place; then their children would thrive and escape illness.”
The explanation of the name Makonde given by my informants is
somewhat different from that contained in the above legend, which I
extract from a little book (small, but packed with information), by
Pater Adams, entitled Lindi und sein Hinterland. Otherwise, my
results agree exactly with the statements of the legend. Washing?
Hapana—there is no such thing. Why should they do so? As it is, the
supply of water scarcely suffices for cooking and drinking; other
people do not wash, so why should the Makonde distinguish himself
by such needless eccentricity? As for shaving the head, the short,
woolly crop scarcely needs it,[49] so the second ancestral precept is
likewise easy enough to follow. Beyond this, however, there is
nothing ridiculous in the ancestor’s advice. I have obtained from
various local artists a fairly large number of figures carved in wood,
ranging from fifteen to twenty-three inches in height, and
representing women belonging to the great group of the Mavia,
Makonde, and Matambwe tribes. The carving is remarkably well
done and renders the female type with great accuracy, especially the
keloid ornamentation, to be described later on. As to the object and
meaning of their works the sculptors either could or (more probably)
would tell me nothing, and I was forced to content myself with the
scanty information vouchsafed by one man, who said that the figures
were merely intended to represent the nembo—the artificial
deformations of pelele, ear-discs, and keloids. The legend recorded
by Pater Adams places these figures in a new light. They must surely
be more than mere dolls; and we may even venture to assume that
they are—though the majority of present-day Makonde are probably
unaware of the fact—representations of the tribal ancestress.
The references in the legend to the descent from Mahuta to the
Rovuma, and to a journey across the highlands into the Mbekuru
valley, undoubtedly indicate the previous history of the tribe, the
travels of the ancestral pair typifying the migrations of their
descendants. The descent to the neighbouring Rovuma valley, with
its extraordinary fertility and great abundance of game, is intelligible
at a glance—but the crossing of the Lukuledi depression, the ascent
to the Rondo Plateau and the descent to the Mbemkuru, also lie
within the bounds of probability, for all these districts have exactly
the same character as the extreme south. Now, however, comes a
point of especial interest for our bacteriological age. The primitive
Makonde did not enjoy their lives in the marshy river-valleys.
Disease raged among them, and many died. It was only after they
had returned to their original home near Mahuta, that the health
conditions of these people improved. We are very apt to think of the
African as a stupid person whose ignorance of nature is only equalled
by his fear of it, and who looks on all mishaps as caused by evil
spirits and malignant natural powers. It is much more correct to
assume in this case that the people very early learnt to distinguish
districts infested with malaria from those where it is absent.
This knowledge is crystallized in the
ancestral warning against settling in the
valleys and near the great waters, the
dwelling-places of disease and death. At the
same time, for security against the hostile
Mavia south of the Rovuma, it was enacted
that every settlement must be not less than a
certain distance from the southern edge of the
plateau. Such in fact is their mode of life at the
present day. It is not such a bad one, and
certainly they are both safer and more
comfortable than the Makua, the recent
intruders from the south, who have made USUAL METHOD OF
good their footing on the western edge of the CLOSING HUT-DOOR
plateau, extending over a fairly wide belt of
country. Neither Makua nor Makonde show in their dwellings
anything of the size and comeliness of the Yao houses in the plain,
especially at Masasi, Chingulungulu and Zuza’s. Jumbe Chauro, a
Makonde hamlet not far from Newala, on the road to Mahuta, is the
most important settlement of the tribe I have yet seen, and has fairly
spacious huts. But how slovenly is their construction compared with
the palatial residences of the elephant-hunters living in the plain.
The roofs are still more untidy than in the general run of huts during
the dry season, the walls show here and there the scanty beginnings
or the lamentable remains of the mud plastering, and the interior is a
veritable dog-kennel; dirt, dust and disorder everywhere. A few huts
only show any attempt at division into rooms, and this consists
merely of very roughly-made bamboo partitions. In one point alone
have I noticed any indication of progress—in the method of fastening
the door. Houses all over the south are secured in a simple but
ingenious manner. The door consists of a set of stout pieces of wood
or bamboo, tied with bark-string to two cross-pieces, and moving in
two grooves round one of the door-posts, so as to open inwards. If
the owner wishes to leave home, he takes two logs as thick as a man’s
upper arm and about a yard long. One of these is placed obliquely
against the middle of the door from the inside, so as to form an angle
of from 60° to 75° with the ground. He then places the second piece
horizontally across the first, pressing it downward with all his might.
It is kept in place by two strong posts planted in the ground a few
inches inside the door. This fastening is absolutely safe, but of course
cannot be applied to both doors at once, otherwise how could the
owner leave or enter his house? I have not yet succeeded in finding
out how the back door is fastened.