W13 Presentation UnionOrganizingCampaignsandCollectiveBargaining

CHAPTER 19
UNION
ORGANIZING
CAMPAIGNS AND
COLLECTIVE
BARGAINING
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LEARNING OBJECTIVES
• Define collective bargaining

• Explain the captive-audience doctrine
• Define bargaining unit
• Explain certification, recognition, and contract
bars
• Describe good-faith bargaining
2
LEARNING OBJECTIVES
• Discuss boulwarism
• Explain mediation
• Define checkoff
• Explain seniority
• Define lockout and strike
3
COLLECTIVE BARGAINING
• Involves negotiation, drafting, administration,

and interpretation of a written agreement
between an employer and a union for a specific
period of time
4
COMPONENTS OF COLLECTIVE
BARGAINING PROCESS
• Negotiation of relevant issues in good faith by
management and union
• Incorporation of parties’ understandings into a
written contract
• Administration of daily working relationships
according to terms and conditions of
employment specified in contract
• Resolution of disputes in interpretation of terms
of contract through established procedures
5
PRIMARY FACTORS THAT INFLUENCE
EMPLOYEE DECISION TO JOIN UNION
Wages Benefits
Working
Job security
conditions
6
OTHER FACTORS THAT INFLUENCE
EMPLOYEE DECISION TO JOIN UNION
• Better communication with management
• Higher quality of management and supervision
• Increased democracy in the workplace
• Opportunity to belong to a group where they can
share experiences and comradeship
7
REASONS FOR NOT JOINING A
UNION
• Satisfactory wages, benefits, working conditions
and job security
• Negative image
• Abuse of power
8
ORGANIZATIONAL PRACTICES TO
AVOID UNIONIZATION
• Creating a procedure for handling employee
complaints
• Eliminating arbitrary and heavy-handed
management practices
• Establishing a meaningful system of two-way
communication
• Eliminating threats to employees’ job security
• Making employees feel that they are part of the
organization
9
UNION ORGANIZING CAMPAIGN
• Begin when one or more employees request that

the union begin an organizing campaign
• National Labor Relations Board (NLRB) -
Requested to supervise an election
• Rarely approves exceptions to the general rules
for oral solicitation and distribution of union
literature
10
UNION ORGANIZING CAMPAIGN
• Captive-audience doctrine: Management’s

right to speak against a union to employees on
company time and to require employees to
attend the meeting
11
BARGAINING UNIT
• Group of employees in a plant, firm, or industry

that is considered suitable for collective
bargaining
• Should be recognized by the employer, agreed
on by the parties to a case, or approved by the
NLRB
12
DETERMINING THE BARGAINING
UNIT
• NLRB is responsible for establishing an
appropriate bargaining unit
• Consent elections: Union elections in which the
parties have agreed on the appropriate
bargaining unit
• Community of interest: Concept by which the
NLRB makes a bargaining unit decision based
on areas of employee commonality
13
UNFAIR LABOR PRACTICES
• Physical interference, threats, or violent

behavior by employer toward union
organizers
• Employer interference with employees
involved in organizing drive
• Discipline or discharge of employees for pro-
union activities
• Threatening or coercing of employees by
union organizers
14
INFORMATIONAL PICKETING
• Patrolling at or near an employer’s facility by

individuals carrying signs to publicize the fact
that the union is requesting an election
• To become the bargaining agent for the
employees of the organization
15
GISSEL BARGAINING ORDERS
• Situations in which the NLRB orders

management to bargain with the union
• Named after a landmark supreme court
decision, NLRB v. Gissel Packing Company
16
ELECTION, CERTIFICATION, AND
DECERTIFICATION
• 12-month rule: Provides that no election can be
held in any bargaining unit within which a valid
election has been held within the preceding 12-
month period
17
ELECTION, CERTIFICATION, AND
DECERTIFICATION
Certification bar
• Condition occurring when the NLRB will not permit another
election in the bargaining unit within 12 months of a union’s
certification
Recognition bar
• Condition occurring when the NLRB prohibits an election for up
to 12 months after an employer voluntarily recognizes a union
Contract bar doctrine

• Doctrine under which the NLRB will not permit an election in
the bargaining unit covered by a contract until the contract
expires, up to a maximum of three years
18
STEPS INVOLVED IN A UNION
ORGANIZING CAMPAIGN
• Contact with employees of organization
• Campaign for signatures on authorization cards
• Union obtains signed authorization cards from at
least 30 percent of employees it is trying to
represent
• Union or employer requests representation
election from NLRB
19
ORGANIZING CAMPAIGN
• NLRB examiner determines that 30 percent of
employees have signed authorization cards and
determines appropriate bargaining unit
• Election Campaign
• Secret ballot election
20
ORGANIZING CAMPAIGN
• Union that receives more than than 50 percent
of the votes is certified by NLRB as exclusive
bargaining agent
• Employer remains nonunion when the union did
not receive 50 percent of the votes
21
GOOD-FAITH BARGAINING
• Sincere intention of both parties to negotiate

differences and reach a mutually acceptable
agreement
• Boulwarism: Occurs when management makes
its best offer at the outset of bargaining and
firmly adheres to the offer throughout the
bargaining sessions
• Named after a General Electric vice president
• NLRB does not consider it as not good-faith
bargaining and is therefore illegal
22
EMPLOYER’S ROLE IN
NEGOTIATIONS
• Representatives of a single company meet with
representatives of the union and negotiate a
contract
• Certain industries may opt for multiemployer
agreements
• In large organizations, master agreements on
wage and benefit issue are negotiated between
corporate officials and officials of the national or
international union
23
UNION’S ROLE IN NEGOTIATIONS
• Coordinated bargaining: Form of bargaining in

which several unions bargain jointly with a single
employer
• Unions in smaller companies work closely with a
field representative of the union
• In large companies top officials conduct
negotiations
24
ROLE OF THIRD PARTIES IN
NEGOTIATIONS
• National Labor Relations Act - Requires both
unions and management to bargain in good faith
• Federal Labor Relations Authority (FLRA)
• Investigates unfair labor practice charges
• Conducts hearings on unfair labor practices
• Issues orders to cease from unfair labor practices
25
ROLE OF THIRD PARTIES IN
NEGOTIATIONS
• Federal Services Impasses Panel (FSIP)
• Authority to recommend solutions to resolve an
impasse and take action to resolve the dispute
26
FEDERAL MEDIATION AND
CONCILIATION SERVICE (FMCS)
• Independent agency within the federal
government that provides mediators to assist in
resolving contract negotiation impasses
• Mediation: Process whereby both parties invite
a neutral third party (called a mediator) to help
resolve contract impasses
• Mediator has no authority to impose a solution on
the parties
27
ARBITRATION
• Process whereby the parties agree to settle a

dispute through the use of an independent third
party, called an arbitrator
• Is binding on both parties
28
ARBITRATION
• Conventional interest arbitration: Arbitrator

listens to arguments from both parties and
makes a binding decision
• The decision can be identical or different from the
positions of the parties
• Final-offer interest arbitration: Arbitrator is
restricted to selecting the final offer of one of the
parties
29
COLLECTIVE BARGAINING
AGREEMENTS
• Results from the bargaining process and
governs the relations between employer and
employees for a specific period of time
• Specifies in writing the mutual agreements
reached by the parties during the negotiations
30
SPECIFIC ISSUES IN COLLECTIVE
BARGAINING AGREEMENTS
Management
Union security
rights
Wages and Seniority

benefits rights
Dispute
resolution
31
MANAGEMENT RIGHTS
• Management retains the right to direct all

business activities
• Direct the workforce
• Determine the size of the workforce
• Includes the number and class of employees to be
hired or laid off
• Set working hours, and assign work
32
UNION SECURITY
• Clause that deals with the status of employee

membership in the union
• Ensures that the union has continuous strength
• Union shop: Provision in a contract that
requires all employees in a bargaining unit to
join the union and retain membership as a
condition of employment
• Most right-to-work laws outlaw the union shop
33
UNION SECURITY
• Agency shop: Contract provision that does not

require employees to join the union but requires
them to pay the equivalent of union dues as a
condition of employment
34
UNION SECURITY
• Maintenance of membership: Contract

provision that:
• Does not require an employee to join the union
• Requires employees who join the union to remain
members for a stipulated time period
35
UNION SECURITY
• Checkoff: Arrangement between an employer

and a union under which the employer agrees to
withhold and submit following to the union
• Union dues
• Initiation fees
• Assessments from the employees’ paychecks
36
WAGES AND EMPLOYEE BENEFITS
• Cost-of-living adjustments (COLA): Contract

provision that ties wage increases to rises in the
Bureau of Labor Statistics consumer price index
37
TABLE 19.2 - DEFINITIONS OF TYPICAL
SUPPLEMENTARY PAY ITEMS
38
INDIVIDUAL SECURITY
(SENIORITY) RIGHTS
• Seniority: Employee’s relative length of service
with an employer
• Seniority systems are designed to benefit
employees with greater length of service
39
DISPUTE RESOLUTION
• No-strike clause pledges the union to cooperate

in preventing work stoppages
• Unconditional pledges ban any interference with
production during the life of the contract
• Conditional pledges permit strikes under certain
circumstances
• Union seeks assurance from company not to
engage in lockouts
• Lockout: Refusal of an employer to let its
employees work
40
IMPASSES IN COLLECTIVE
BARGAINING
• After the end of contract period, if a new
agreement has not been reached either of the
following happens
• Employees can continue working under the terms
of the old contract until a new agreement is
reached
• A strike is called
• Strike: Collective refusal of employees to work
41
TRENDS IN COLLECTIVE
BARGAINING
• Technological change and increased use of
automation
• Changing government regulations
• Rising foreign competition
• Decline in the percentage of blue-collar
employees
• High rates of unemployment
42
NEW FORM OF COLLECTIVE
BARGAINING
• Establishment of joint labor–management
committees that meet regularly
• Discussions examine external events and potential
problem areas
• Outside experts play a major role in making the
final decision on some issues
• Participants in the meetings are encouraged to
take a problem-solving, rather than an adversarial,
approach
43
PRODUCTIVITY BARGAINING
• Developing a contract whereby the union agrees

to exchange old work procedures for new and
more effective ones in return for gains in pay
and working conditions
• Creates atmosphere of ongoing cooperation in
which the changes called for in the agreement
can be implemented
44
TAKE-BACK-BARGAINING
• Involves asking unions to make concessions on

wages and benefits
• Has been incorporated in industries that have
suffered due to foreign competition
45

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CHAPTER 19

• Define collective bargaining

• Involves negotiation, drafting, administration,

• Begin when one or more employees request that

• Captive-audience doctrine: Management’s

• Group of employees in a plant, firm, or industry

• Physical interference, threats, or violent

• Patrolling at or near an employer’s facility by

• Situations in which the NLRB orders

Contract bar doctrine

• Sincere intention of both parties to negotiate

• Coordinated bargaining: Form of bargaining in

• Process whereby the parties agree to settle a

• Conventional interest arbitration: Arbitrator

Wages and Seniority

• Management retains the right to direct all

• Clause that deals with the status of employee

• Agency shop: Contract provision that does not

• Maintenance of membership: Contract

• Checkoff: Arrangement between an employer

• Cost-of-living adjustments (COLA): Contract

• No-strike clause pledges the union to cooperate

• Developing a contract whereby the union agrees

• Involves asking unions to make concessions on

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