Labor Law and Collective Bargaining Chapter 11. Copyright © 2007 Thomson Delmar Learning Objectives...
Transcript of Labor Law and Collective Bargaining Chapter 11. Copyright © 2007 Thomson Delmar Learning Objectives...
Labor Law and Collective Bargaining
Chapter 11
Copyright © 2007 Thomson Delmar Learning
Objectives
• Define– Collective bargaining– Bargaining in good faith– Past practice– Strike– Union shop– Closed shop
Copyright © 2007 Thomson Delmar Learning
• Define– Open shop– Dues check-off– Agency shop– Fair-share agreement– Maintenance of membership– Right-to-work
Objectives
Copyright © 2007 Thomson Delmar Learning
• Explain the primary differences between private sector labor relations and public sector labor relations.
• Identify and explain three categories of subjects for collective bargaining:– Mandatory, prohibited, and permissive
Objectives
Copyright © 2007 Thomson Delmar Learning
• Explain dispute resolution mechanisms used for three types of impasse disputes:
– Representational, interest, and grievance
• Explain the duty of fair representation.
• Explain how Weingarten and Garrity rights serve to protect employees.
Objectives
Copyright © 2007 Thomson Delmar Learning
Collective Bargaining
• Process– Employer and duly appointed representatives of the
employees negotiate an agreement– Pertaining to wages, hours, and other terms and
conditions of employment
Copyright © 2007 Thomson Delmar Learning
Labor Relations Acts
• Groundwork for collective bargaining– Private sector
• National Labor Relations Act (NLRA)
– Public sector• State law• Vast differences between states
Copyright © 2007 Thomson Delmar Learning
Good-Faith Bargaining
• Active participation in deliberations
• Intention to find a basis for agreement
• Sincere effort to reach common ground
• Does not require either party to make a concession
Copyright © 2007 Thomson Delmar Learning
Unfair Labor Practice
• Defined in Labor Relations Act
• Authorizes labor board to impose sanctions and orders for violations
Copyright © 2007 Thomson Delmar Learning
Impasse Disputes
• Representation
• Interest
• Grievance
Copyright © 2007 Thomson Delmar Learning
Representational Impasse Disputes
• Who can join a union
• Which union may represent certain employees
• Appropriate bargaining units
Copyright © 2007 Thomson Delmar Learning
Interest Impasse Disputes
• Impasse related to negotiation of a collective bargaining agreement
• Public sector – Mediation– Fact-finding– Arbitration
Copyright © 2007 Thomson Delmar Learning
Interest Arbitration
• Voluntary
• Compulsory binding
• Final offer
Copyright © 2007 Thomson Delmar Learning
• Single arbitrator or arbitration panel
• Authority of arbitrator(s)
• Appeals of arbitration awards
Interest Arbitration
Copyright © 2007 Thomson Delmar Learning
Grievance Impasse Disputes
• Allegation of violation of collective bargaining agreement
• Grievance arbitration
• Judicial enforcement
Copyright © 2007 Thomson Delmar Learning
Arbitration
• Steelworker Trilogy– Substantive– Procedural
• Grievance belongs to the union, not the member
Copyright © 2007 Thomson Delmar Learning
Scope of Collective Bargaining
• Wages, hours, and other terms and conditions of employment
• Three subjects
1. Mandatory
2. Permissive
3. Prohibited
Copyright © 2007 Thomson Delmar Learning
Collective Bargaining
• Impact bargaining
• Unilateral changes to workplace
• Past practices
Copyright © 2007 Thomson Delmar Learning
Union Security Provisions
• Dues check-off• Closed shop• Union shop• Maintenance of membership• Agency shop• Fair share • Right-to-work state
Copyright © 2007 Thomson Delmar Learning
Duty of Fair Representation
• Exclusive bargaining representative
• Fair representation– Cannot be arbitrary, discriminatory, or act in bad
faith
• Liability
Copyright © 2007 Thomson Delmar Learning
Strikes
• Any concerted stoppage, slowdown, or interruption of work
• Includes sick-outs and organized refusals to work
• Common law prohibited strikes by public employees– States differ
Copyright © 2007 Thomson Delmar Learning
Weingarten Rights
• Right to have union representation at any investigatory or disciplinary meeting or hearing
• Employee must request
Copyright © 2007 Thomson Delmar Learning
Garrity Rights
• Right of a public employee – When ordered to answer questions about a job-
related matter under threat of discipline• If matter may tend to incriminate the employee
• Employee must invoke
• Employer has to choose
Copyright © 2007 Thomson Delmar Learning
Polygraphs
• Polygraph examinations are of limited usefulness
• Not admissible as evidence in many jurisdictions
• Many states have laws prohibiting employers from requiring employees to submit to polygraphs
Copyright © 2007 Thomson Delmar Learning
Summary
• Collective bargaining
• Labor relations acts
• Bargaining in good faith
• Unfair labor practice
• Impasse disputes
• Scope of bargaining
Copyright © 2007 Thomson Delmar Learning
• Duty of fair representation
• Union security
• Strikes
• Weingarten rights
• Garrity rights
Summary