11

THE EVOLUTION OF LABOR UNIONS

22

Chapter Objectives Describe the partnering of labor and

management that is evolving in some sectors.

Describe the labor movement prior to 1930.

Identify the major labor legislation that was passed after 1930.

Explain unionization in the public sector.

33

Chapter Objectives (Continued)

Describe the broad objectives characterizing the labor movement as a whole.

Describe union growth strategies. Explain the reasons why employees join

unions. Describe the basic structure of the union.

44

Chapter Objectives (Continued)

Identify the steps involved in establishing the collective bargaining relationship.

Explain union strategies in obtaining bargaining unit recognition.

Explain union decertification. Describe the state of unions today.

55

The Labor Movement Before 1930

Has been neither simple nor straightforward

Evolution of American society from agrarian to industrial economy

Trends favored management English common law basis Conspiracy – two or more people

banded together to prejudice rights of others or society How union activity was viewed at that time

66

The Labor Movement Before 1930 (Continued)

Injunction – legal procedures used by employers to prevent union activities, such as strikes and unionization activities

Yellow-dog contract – written agreement between employee and company prohibiting worker from joining a union or union activities

77

The Labor Movement Before 1930 (Continued)

Noble Order of the Knights of Labor – founded as a secret society in 1869; nucleus became American Federation of Labor (AFL) Samuel Gompers

Sherman Anti-Trust Act (1890) – entrance of federal government into statutory regulation of labor organizations; the first and foremost labor legislation in modern US history “Trust-busting”, aimed at preventing business

monopolies

88

The Labor Movement After 1930 Swing from management toward labor

Anti-Injunction Act (Norris-Laguardia Act) of 1932 – rendered “yellow dog” contracts unenforceable

National Labor Relations Act (Wagner Act or NLRA) of 1935 – ratified in Congress in 1937, still highly influential today

Labor Management Act (Taft-Hartley Act or LMRA) of 1947 - amended the Wagner Act and sought to rebalance power between labor and the employer; for the first time, created union unfair labor practices

Labor-Management Reporting and Disclosure Act (Landrum-Griffin Act) – 1959 – Precipitated by Congressional hearings on corruption in labor unions, and compelled strong self-policing and oversight of union activities

Homeland Security Act of 2002

99

Anti-Injunction Act (Norris-Laguardia Act) of 1932

Sanctions collective bargaining Approves formation and

operation of labor unions Severely restricted federal

courts’ authority regarding labor disputes

Made yellow-dog contracts unenforceable

1010

National Labor Relations Act (Wagner Act) of 1935

National Labor Relations Board (NLRB) created Establish procedures for and

monitoring of elections Gives employees the right to join and

form unions Delineated employer unfair labor

practices Gives properly certified labor

organizations exclusive representation of all employees in the bargaining unit

Investigate complaints and prevent unlawful acts involving unfair labor practices by management

1111

Labor Management Relations Act (Taft-Hartley Act) of 1947

Extended concept of unfair labor practices to unions – created six specific union ULP’s

Outlawed the “closed shop” which required membership in the representing union to be hired

Permitted states to enact right-to-work laws

Government intervention in national emergency strikes Air traffic controllers during the Reagan

administration

1212

Labor-Management Reporting and Disclosure Act (Landrum-

Griffin Act) -- 1959

Bill of rights for union members, including secret ballots, guaranteed due process in internal union discipline matters, and allowed members to sue unions

Requires unions to adopt constitutions, bylaws, and to file annual financial reports

Requires periodic union election of officers using secret ballots

Requires extensive reporting on internal union activities Severe penalties for violations

1313

Homeland Security Act of 2002

• New cabinet-level agency responsible for border security, emergency preparedness, biological warfare, intelligence analysis, and protection of the President

• President can waive Civil Service collective bargaining rights if direct negotiations with the union fail and the federal mediation service is unable to resolve

• Cabinet-level leadership

1414

The Public Sector

Executive Order 10988 in 1962

Established collective bargaining in federal government

1515

Employee Associations

Many employee Many employee associations associations pursuing collective pursuing collective bargaining bargaining relationshipsrelationships

1616

Union Objectives

GrowthGrowth – to maximize – to maximize effectiveness, union needs effectiveness, union needs continual growthcontinual growth

PowerPower – influenced by size of – influenced by size of membership and possibility of membership and possibility of future growthfuture growth

1717

Union Growth Strategies

Pulling the union through Political involvement

Union salting Flooding communities with organizers

Political awareness campaigns Building organizing funds

Cyberunion Befriending laid-off workers

1818

Why Employees Join Unions

Dissatisfaction with management

Social outlet Opportunity for

leadership Forced unionization Peer pressure

1919

Dissatisfaction with Management

Compensation Job Security Management

Attitude

2020

Union Structure

Local union National (or international)

union American Federation of Labor

and Congress of Industrial Organizations (AFL-CIO)

2121

Local Union

Basic unit in American labor movement

Deals with employer on day-to-day basis

Craft union Industrial union

2222

National (or International) Union Most powerful level in union structure Composed of local unions Holds membership in national union Governed by national constitution Meets every two to five years Active in organizing workers Engaged in collective bargaining at

national level Assists locals in their negotiations

2323

American Federation of Labor and Congress of Industrial

Organizations (AFL-CIO) Federation of 68 national and international

labor unions Represents 13 million members Represents labor interests at highest level Does not engage in collective bargaining Financed by member national unions Governed by national convention

2424

The Structure of the AFL-CIO Convention Meets biennially

Executive Council President, Secretary-Treasurer, and 33 Vice Presidents Meets at least three times a year

General Board Executive Council members and principal officer of each international union affiliate

Meets on call of Federation President or

Executive Council

Executive Officers President and Secretary-Treasurer

National Headquarters Standing Committees

Staff Departments

Department or Organization and

Field Services

Regional Directors

Trade and Industrial Departments

Building, Food, Metal, and Maritime Trades,

Industrial Union, Public and Railway Employees, Union

Label

Local Dept. Councils

Affiliated National and International Unions Affiliated State Bodies

Local Bodies

Local unions affiliated directly with AFL-CIO

Local Unions of National and International Unions

2525

Establishing the Collective Bargaining Relationship: Union

Certification

Bargaining unit consists of employees (not necessarily union members) recognized by employer or certified by administrative agency as appropriate for representation by labor organization for purposes of collective bargaining

2626

The Steps That Lead to Forming a Bargaining Unit External Environment

Internal Environment

Signing of Authorization

Cards

Petition for

Election

Election Campaign

Election and

Certification

2727

Signing Authorization Cards

A document indicating employee wants to be represented by labor organization in collective bargaining

Is there sufficient interest on the part of employees to justify the unit?

Evidence of interest when at least 30% of employees in workgroup sign authorization cards

Usually need 50% to proceed

2828

Petition for Election

After authorization cards have been signed, petition for election made to regional NLRB office

NLRB will ordinarily direct that an election be held within 30 days

2929

Election Campaign

Both union and management usually promote their causes actively

Threaten loss of jobs or benefits Misstate important facts Incite racial or religious prejudice

3030

Election and Certification

NLRB monitors secret-ballot election on date set

Board will issue certification of results to participants

If majority of employees vote for union, NLRB will certify

Process does not require either party to make concessions; it only compels them to bargain in good faith

3131

Union Strategies in Obtaining Bargaining Unit Recognition

Try to make first move Search for groups of employees to organize

Attempts to locate general patterns of dissatisfaction

Must, ultimately, abandon secret activities Utilize peer pressure to encourage and

expand unionization

3232

Union Decertification

Essentially the reverse of the process that employees must follow to be recognized as an official bargaining unit

Employees have used decertification petitions with increasing frequency and success

3333

Decertification Procedure

Rules established by NLRB At least 30% must petition for

election Petition submitted 60-90 days prior

to expiration of current contract Schedule decertification election If majority of votes against union,

employees will be union free

3434

Management and Decertification

If management wants union decertified, must be active rather than passive

Effective first-line supervisors Effective communication Trust and openness Effective compensation programs Effective employee and labor

relations

3535

Unions Today

Fall of Big Labor since 1970s has been dramatic

Unionized share of private sector workforce is 9 percent

3636

Percentage of the Private Workforce That is Unionized

0

10

20

30

40

1950 1955 1960 1965 1970 1975 1980 1985 1994 1996 2002

Year

Percentage of Workforce40

30

20

10

0

9