Chapter 10 Labor Unions November 14

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November 14, 2011

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What is Union? – A union is a formalassociation of employees that promotes theinterests of its membership through collectiveaction.

The Knights of Labor in 1869 – unskilledworkforce and attempts were unsuccessful

Samuel Gompers established the American

Federation of Labor (AFL) in 1886 – “breadand butter” unionism.




Sherman Anti-Trust (1890) – “every contractcombination, or conspiracy in restrain of trade or commerce”

Clayton Act (1914) – designed to withdrawthe power of federal courts to enjoin laboractivities through the antitrust laws.

Norris-LaGuardia Act – the issuance of

federal court injunctions against “labordisputes.”





The benefits of membership are greater than

the costs.

1. Lack of fairness

2. Perception of substandard conditions

3. Responsiveness





Growth of foreign competition Emergence of a global economy

Demographic changes to the labor supply

Decline in manufacturing jobs - layoffs Increasing costs of government regulation

Explosive growth in employment litigation





U. S. Department of Labor’s Bureau of LaborStatistics

Union members 2009 – 12.4%

2010 – 12.3% Among Government employees – 37.4% are

unionized

Private sector union membership dropped

from 7.6% to 7.2%





Change to Win (CTW) devotes 75% of itsbudget $750 million annually to organizingefforts. (Aggressive organizing strategies,new forms of union membership, recruiting

of nontraditional members)

Real wages have remained constant since1987, but in that time the cost of a collegeeducation has doubled and the number of people without health insurance hasincreased by 50%





Apply to union and non union members:1. To organize themselves

2. To form, join, or assist labor organizations

3. To bargain collectively throughrepresentatives of their own choosing

4. To engage in concerted activity for thepurpose of mutual aid and protection





Right to free speech Right to file unfair labor practice charges

against unions Union has to represent entire bargaining unit

regardless of membership Employee have the right to refrain from union

activity (Closed shop) Prohibits Union Security clauses (union shops) Establishment of the Federal Mediation and

Conciliation Service (FMCS) Provisions for the national emergency strikes





A bill of rights for union members, includingthe right to secret ballots for internal unionelections, protection from arbitrary orexcessive dues assessment, freedom of

speech in union matters, and the right to sue.

Closed shop exception (construction trades)

A reporting requirement that obligates union

officers to report certain financialinformation.





Federal Labor Relations Authority

Established unfair labor practice guidelinesfor government employees and unions

representing government employees

Established binding arbitration

Prohibited strikes by government

employees





Recognition – an employer recognizes theunion. Management has a statutory duty tobargain with the union holding such exclusiverecognition.





Craft – employee have the same skills orperform the same task

Industrial – autoworkers, steelworkers, or

hotel and restaurant employees.





Employer voluntarily acknowledges union

NLRB cites election results

NLRB certifies a union without a ballot





Union Organizing campaign (salting,meetings, home visits, telephone, internetorganizing, picketing)

Authorization Cards (30% must sign

authorization cars, more than one half for asuccessful vote)

Petition for certification (Page 357) Election campaign (NLRB generally within 42

days of the date the petition was filed) Election (50% + one person) Election Results- Elected or not elected





30 percent not interested in unionrepresentation can force a vote

12-month waiting period after originalcertification

Petition filed with NLRB


Chapter 10 Labor Unions November 14

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