BASIC FEATURES OF THE U.S. LABOR RELATIONS POLICY/SYSTEM1. LEGAL RECOGNITION - Federal Law covers private sector labor relations1. National Labor Relations Act (1935)2. Taft Hartley Amendment (1947)3. Landrum Griffin Amendment (1959)- Federal or State Law covers public sector labor relations1. Civil Service Reform Act (1978) – federal employees2. State Laws cover state public sector labor relations- State Right to Work Laws- Brief History of American Labor Movement2. UNIONIZATION- Legal Right to Form & Join Unions- Exclusive Representation- Unionization Process1. Organizing Effort by Employees and/or Union2. NLRB conducts Election if 30% support Union3. Definition of Bargaining Unit (jobs)4. Election Campaign by Employer and Union (30-45days)5. Representation Election by secret ballot6. If Union prevails, then 12 mos. to bargain contract7. If Employer prevails, then must wait 12 mos. before new effort8. Decertification – if employees do longer want union rep.- Unfair Labor Practices – TIPS (Parameters for “Free Speech”)3. COLLECTIVE BARGAINING (legislative process)- Statutory vs. Contact Law – A Private System of Employment Law- Decentralized by Industry or Sector- Mandatory Subjects for Bargaining – Wages, Hours & Working Conditions- “Good Faith” Bargaining Standard- Negotiation Process1. Two Types incorporated in same process: (1) Economic Distributive (2) Non – Economic Integrative2. Proposals by both Parties & Search for Common Ground3. Incremental Agreements during process4. Each party has a set of desired outcomes, expectations, and tolerance limits – overlap results in “bargaining zone”5. Final Offers resulting in Settlement or Impasse6. Contract Ratification by Union (Employees Vote to Accept or Reject)- Fact Finding and/or Mediation – FMCS- Interest Arbitration- Strikes & Lockouts – Hot Cargo & Secondary Boycotts - Government Role is Passive except in national crisis situations- Subcontracting issues & restrictions4. LABOR CONTRACT ADMINISTRATION (admin. & judicial process)- Employer has burden to implement terms of new labor contract- Union Oversight during term of contract to insure compliance- Dispute Resolution via Grievance Procedure1. Contract Interpretation – Burden of Proof rests with Union2. Disciplinary (“For Cause”) – Burden of Proof w/Employer3. Multi-Step Process – Appeal to higher levels of Authority4. Grievances vs. Bargaining during term of contract- Arbitration as final step in Grievance Procedure (Exceptions)1. Quid Pro Quo for No Strike/No Lockout clause2. Joint Selection of Arbitrator – FMCS, AAA, other sources3. Arbitrator’s Decision is Final and Binding on parties- “Just Cause” Standard for employment-related actions toward employees- Past Practice is controlling if Contract is silent on issue, provided it is long standing, well known, and consistently applied- Joint Employer – Union Health Insurance Trusts & Pension Trusts- Compliance Audits (no Government oversight)5. RECENT HISTORY OF U.S. LABOR CONFLICT- Perceptions vs. Reality – Impact of the Media- Ugly Mixes: Responsible & “Less” Responsible Employers….and Responsible & “Less” Responsible Unions- Less than1% of labor contract negotiations result in a Strike or Lockout- Union – Management Cooperation Efforts: What works when & how & why?6. LOBBYING EFFORTS BY BOTH PARTIES- Current Issues- Extent of Political Impact7. FUTURE OF U.S. UNIONISM- Factors influencing unionism in future: (1) shifts in socio-economic status (2) health of economy (3) globalization (4) free trade (5) politics- Factors influencing employees to join unions- Union-Free Workplace Strategies by Employers (Employee Handbooks vs. Labor Contract; Procedural Justice)- Union Organizing Strategies- International
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