Chapter 14

Collective Bargaining and Labor

Relations

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14-2

Reasons for Decline in Union Membership

14-3

Unfair Labor Practices (ULPs)

NLRA prohibits certain activities by both employers and
labor unions.

Employers cannot:
interfere with, restrain, or coerce employees in

exercising their Section 7 rights.

dominate or interfere with a union.
discriminate against an individual for exercising his
or her right to join or assist a union.
discriminate against employees for providing
testimony relevant to enforcement of the NLRA.
refuse to bargain collectively with a certified union.

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Unfair Labor Practices of Unions

Wagner Act of 1935 (NLRA) enshrined

collective bargaining as the preferred
mechanism for settling labor-management
disputes.

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Why Do Employees Join Unions?

14-6

To Stay Union-Free Supervisors Should

Report union activity to a core
management group.
State and coordinate companys
response to pro-union arguments to
maintain consistency and avoid threats
or promises.
Follow effective management practices:
Deliver recognition and appreciation.
Solve employee problems.
Protect employees from harassment or humiliation.
Provide business-related information.
Be consistent in treatment of different employees.
Accommodate special circumstances where
appropriate.
Ensure due process in performance management.
Treat all employees with dignity and respect.

14-7

7 Steps to Prepare
Managers for Negotiations
1. Establish interdepartmental
contract objectives.
2. Review old contract
3. Prepare and analyze data.
4. Anticipate union demands.
5. Establish costs of contract provisions.
6. Make preparations for a strike.
7. Determine strategy and logistics.
14-8

Managements Willingness to Strike

Most negotiations do not result in a strike since it is

often
not in the best interest of either party.

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Grievance Procedure
Arbitration is final and binding. 7 criteria arbitrators used to

reach decisions:
1. Did the employee know the rule & consequences of violating
it?
2. Was the rule applied in a consistent & predictable way?
3. Were facts collected in a fair & systematic way?
4. Did the employee have the right to question facts & present a
defense?
5. Does the employee have the right of appeal?
6. Is there progressive discipline?
7. Are there mitigating circumstances?

Effectiveness of grievance procedures three criteria:

1. How well are day-to-day problems resolved?
2. How well does the process adjust to changing circumstances?
3. In multi-unit contracts, how well does the process handle local
contract issues?

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Summary
Labor unions represent their members interests in the
workplace.

May witness diminished ability to compete effectively in global

economy.

Management in nonunion companies feel compelled to resist

unionization.

Union has lost membership and bargaining power in the

private sector.

Management and unions are seeking more effective ways of

working together to enhance competitiveness while giving
employees a voice in workplace decisions.

Three alternatives to strike include mediation, arbitration and

fact finder.

14-11