Womack Report

We’re going to be covering collective bargaining and labor relations today, and then reviewing for the test.Texas is not a heavily unionized state, but unions are still present in every city and county. Many government employees are unionized, as well as oil company employees, and so forth.

In 1955, about 34% of the workforce belonged to unions. In 2004, that has dropped to 13.5% and continues to drop.

There are various reasons people choose to form or join unions. In general, people join unions for increased pay or other benefits, to protect their jobs, or otherwise to improve their conditions.

A “closed shop” is a business where only members of a union can be hired as employees. This is illegal in about 14 states, including Texas. The states which do not allow closed shops are known as “Right to Work” states. Most states allow unions to negotiate closed shops.

A related concept is a “Union Shop”, where employees must join the union after being hired, or be hired.

An “Agency Shop” is a situation where the employees do not have to join the union, per se, but must pay fees to the union for acting as their agent in negotiations. Employees may not opt out of this agent service.

“Maintenance of Membership” means that once an employee joins a union, he or she may not choose to leave the union.

An “Open Shop” is one in which employees may join a union or not as they choose.

Unions and the Law

1. 1932 Norris-LaGuardia Act — guaranteed the right of employees to unionize and collectively bargain free from interference, restraint, or coercion
2. 1935 National Labor Relations Act — Gave teeth to the Norris-LaGuardia Act. Created the National Labor Relations Board, barred several unfair labor practices, and providing for secret-ballot elections for determining whether a company would unionize. Unfair Labor practices include:
• Interfacing with, coercing, or restraining employees in exercising their right to self-organize
• Interfering with or dominating the formation or administration of labor unions
• Discriminating against employees on the basis of union status
• Discharging or discriminating against employees because they file unfair practices charges against the company
• Refusing to bargain collectively with their employees’ duly chosen representatives
3. 1947 Labor Management Relations Act (Taft-Hartley Act) — WW2 act to control union excesses; curbed unfair labor practices, provided for Right To Work laws, and set up procedures for ending strikes on the grounds of National Emergency
4. 1959 Labor Management Reporting and Disclosure Act (Landrum-Griffin Act) — Designed to protect union members from abuse by their unions. Set up rights for union members and controls for wrongdoing.

Union Drives and Election

1. Initial Contact – Union organizers or interested employees begin trying to determine or create interest in unionizing.
2. Authorization Cards – Union supporters try to get the employees to sign authorization cards. The cards typically authorize the union to seek a representation election and state that the employee has applied to join the union. If 30% or more of the employees sign the authorization cards, the petition for a secret ballot election goes through.
3. Hearing — The employer can contest the need for an election with the NLRB. This is usually a strategic decision. At this point, a bargaining unit is also designated, this being the group of people the union will be authorized to represent and bargain collectively for.
4. Campaign — Attempts by union supporters and employer to sway people towards or away from unionization.
5. Election — NLRB administrates and supervises the election. The union becomes the representative of the employees if it wins a majority of votes cast.

Test will include:

• Chapter 8, Training and Development, and Org Development.
• Chapter 9, Performance Appraisal — Spend time on the various techniques
• Chapter 11, Compensation — Direct and indirect compensation.  Equity.  Read this chapter; I think that was the day I missed.
• Chapter 15, Labor Relations