Bab 5 Why and How Unions Are Organized

PowerPoint Presentation by Charlie Cook Copyright © 2005 South-Western. All rights reserved.

PowerPoint Presentation by Charlie Cook Copyright © 2005 South-Western. All rights reserved.

CHAPTER 5 CHAPTER 5

Why and How Why and How Unions Are Unions Are OrganizedOrganized

Copyright © 2005 South-Western. All rights reserved. 5–2

Why Unions Are Formed

• Work and Job Conditions ExplanationAlienation Theory—the influence of machinery

Loss of personal contact with labor and products produced Loss of personal involvement in the work Pace of work estranging workers from each other

Scarcity Consciousness Theory—jobs are difficult to obtain and retain Employees believe unions protect jobs by:

– Negotiating work rules and apprenticeship programs– Bargaining seniority and layoffs provisions– Agreeing to grievance procedures– Lobbying for legislation to protect worker rights and jobs


Why Unions Are Formed (cont’d)

• Work and Job Conditions Explanation (cont’d)Hoyt Wheeler Model of Union Formation

First stage: individual worker’s readiness to take aggressive action to express anger at the employer that results from:– Fear of deprivation of current work benefits– Frustration with not being heard as an individual– Rational calculation that the benefits of unionization

outweigh its costs Second stage: individual workers form a group and decide

to take collective action– Saliency: the workers’ belief that the union can facilitate

resolution of their problems


Wheeler Model of Union Formation

First Stage:First Stage:Readiness to Readiness to

take actiontake action

First Stage:First Stage:Readiness to Readiness to

take actiontake action

Frustration of not Frustration of not being heardbeing heard

Frustration of not Frustration of not being heardbeing heard

Fear of Fear of deprivationdeprivation

Fear of Fear of deprivationdeprivation

Rational Rational calculationcalculation

Rational Rational calculationcalculation

Second Stage:Second Stage:Decision to take Decision to take collective actioncollective action

Second Stage:Second Stage:Decision to take Decision to take collective actioncollective action

Decision not Decision not to unionizeto unionize

Decision not Decision not to unionizeto unionize

Fear of Fear of punishmentpunishment

Fear of Fear of punishmentpunishment

Lack of belief Lack of belief in unionsin unions

Lack of belief Lack of belief in unionsin unions

Withdrawal Withdrawal and/or revengeand/or revenge

Withdrawal Withdrawal and/or revengeand/or revenge

LoveLoveLoveLove

HopeHopeHopeHope

SaliencySaliencySaliencySaliency


Why Unions Are Formed (cont’d)

• Employee Backgrounds and Needs

Previous experience as a union member generally

results in a favorable attitude towards unions

Union member parents’ attitudes and family

experiences strongly influence positive union

attitudes

Unions help satisfy the interrelated social needs

of members for identity, self-esteem, and

affiliation


Influences on Employees on Whether to Vote for or Against a Union

Exhibit 5.1

Social PressureSocial Pressure• • Knows union supportersKnows union supporters• • Believes unions attractBelieves unions attract good good

Social PressureSocial Pressure• • Knows union supportersKnows union supporters• • Believes unions attractBelieves unions attract good good

Job Satisfaction/ Job Satisfaction/ DissatisfactionDissatisfaction• • Pay or economic benefitsPay or economic benefits• • SupervisionSupervision• • WorkWork

Job Satisfaction/ Job Satisfaction/ DissatisfactionDissatisfaction• • Pay or economic benefitsPay or economic benefits• • SupervisionSupervision• • WorkWork

Attitudes and Beliefs Attitudes and Beliefs about Unionsabout Unions• • GeneralGeneral• • SpecificSpecific

Attitudes and Beliefs Attitudes and Beliefs about Unionsabout Unions• • GeneralGeneral• • SpecificSpecific

Union InstrumentalityUnion Instrumentality• • Fair treatmentFair treatment• • Better payBetter pay• • Better management-Better management- employee relations employee relations

Union InstrumentalityUnion Instrumentality• • Fair treatmentFair treatment• • Better payBetter pay• • Better management-Better management- employee relations employee relations

Employee VoteEmployee Vote• • For unionFor union• • Against unionAgainst union

Employee VoteEmployee Vote• • For unionFor union• • Against unionAgainst union


The Union’s Challenge of Organizing the Diverse Workforce

• The changed workforce – increased numbers of:Temporary (contingent) employeesPermanent part-time employees Independent contractorsLeased workersMinorities (racial and ethnic) Immigrant (legal and illegal) workersOlder workersHigher-skilled workers


The Union’s Challenge of Organizing the Diverse Workforce

• A Changing Workforce Temporary (contingent)

employees Permanent part-time

employees Independent contractors Leased workers Minorities (racial and

ethnic) Immigrant workers Older workers Higher-skilled workers

• A Changing Workplace Declines in unions’

stronghold industries Increases in service

industries workers Increases in industries

with skilled workers Outsourcing


Organizing Professional Employees• Arguments

Against the organization of professionals: Unionization represents a rejection of professional values

For the organization of professionals: Unionization helps achieve and maintain professional values

• Issues in collective bargaining: Professional standards Participation in policy making Regulation of professional work Training and professional development Commitment of organizational resources to professional

goals Criteria for personnel decisions regarding professionals


Activities of the Union in Organizing Employees

• Union ActionsDon’t initiate organizing; rather it responds to

employees’ request for assistance in organizingEmphasize the benefits of collective bargaining and

grievance procedures to relieve employee dissatisfaction and fears

• Roles of Union OrganizersEducator: union benefits/protections, labor

traditionsPersuader: encourage voting for unionizationSupporter: support workers’ collective actions


Union Strategy and Courses of Action to Achieve Employee Goals and Resolve Job-Related Concerns

Exhibit 5.3a

Work-Related Problems and Concerns

Relations between employees and management are poor.

Employees do not trust their employer’s promises.

Employees prefer to deal with management as a group.

Employees want to have more influence in workplace decisions.

Employees feel that productivity improvement would be more effective if employees had more say in how programs are run.

Employees question the effectiveness of the company’s system for resolving employee problems and grievances.


Union Strategy and Courses of Action to Achieve Employee Goals and Resolve Job-Related Concerns

Exhibit 5.3b

Union Actions to Encourage Union MembershipUnion will represent the interests of employees to management.

Union will negotiate a contract requiring management to abide by its agreements.

Union provides an opportunity for individual employees to deal as a group with the employer.

Union provides a mechanism for influence by collective bargaining and administering the agreement.

Union provides a mechanism in which employees can provide input into those Issues that affect the workplace.

Unions typically negotiate a grievance procedure that provides representation of employees at each step and hearings before an outside arbitrator.

Copyright © 2005 South-Western. All rights reserved. 5–13Exhibit 5.4

Components of “Rank-and-File Intensive Strategy” That Are Associated with Higher Union Win Rates

1. Use of representative committees to be more in touch with concerns of the bargaining unit as a whole, to have better access to employees at the workplace and to demonstrate to the employees that the union Is a democratic and inclusive organization

2. Person-to-person contact, house calls, and small group meetings

3. Conducting union bargaining surveys, selection of the bargaining committee, and working with rank and file to develop proposals before election

4. Focus on issues such as dignity, justice, discrimination, fairness, or service quality

5. Serious commitment of staff and financial resources to organizing, involvement of the international in local campaigns, and training, recruitment, and effective utilization of rank and file volunteers from already organized bargaining units

6. Use of solidarity days (designated days to wear union buttons, hats, T-shirts, arm bands, etc.)

SOURCE Kate Bronfenbrenner, “The Role of Union Strategies in NLRB Elections,” Industrial and Labor Relations Review 50 (January 1997) pp. 195—211; Kate Bronfenbrenner and Tom Juravich, “It Takes More Than House Calls: Organizing to Win with a Comprehensive Union-Building Strategy,” Organizing to Win, eds. Kate Bronfenbrenner, et al. (Ithaca, N.Y.: Cornell University Press,1999), pp. 33—34.


Activities of the Company in Union Organizing

• Advantages of the Company:Has full access to its employeesCan offer possibility of improvement without

additional cost of unionization for employeesCan benefit from employees’ fear of changeLengthy time between successful organization

and issuance of the bargaining order (contract)


Activities of the Company in Union Organizing (cont’d)

• “Effective” Campaign TacticsHiring labor lawyers and management consultantsSpreading rumors about potential job lossesSpreading rumors about plant or store closings

• Ineffective Campaign Tactics Intentionally delaying the representation electionShifting work and jobs to other facilitiesTesting applicants to identify union sympathizers


Activities of the Company in Union Organizing (cont’d)

• Employer Effects on Elections Influencing the composition of the bargaining unitSetting the date for the election

• Illegal Campaign Tactics (Unfair Labor Practices)Making captive audience speeches Illegally discharging union supporters and activistsThreatening employees about the consequences of

unionization


Methods for Organizing Unions

• Voluntary RecognitionThe employer pledges to remain neutral and not

to oppose or interfere with the organization campaign

The employer agrees to a “card check” for union majority status, allowing the union to forego the NLRB representation election process

• Increasing the Success of Organizing DrivesEmployers’ provision of lists of employees to the

unionAn agreement to place time limits on the

organizing campaigns


Basic Union Representation Procedures

Exhibit 5.5

InterestInterest 1. Internal: Employees contact union organizer2. External: Union organizer contacts employees

1. Internal: Employees contact union organizer2. External: Union organizer contacts employees

Ways for unionto obtain

recognition

Ways for unionto obtain

recognitionVoluntary

Recognition

VoluntaryRecognition

NLRB Directive(Gissel Doctrine)

NLRB Directive(Gissel Doctrine)

Secret-BallotElection

Secret-BallotElection

ConsentElection

ConsentElection Contested

Election

ContestedElection

UnionWins

UnionWins Union

Loses

UnionLoses

UnionCertified

UnionCertified

12 Month Election Bar

12 Month Election Bar

Union Obligation:Duty to bargain with company in good faith and represent all bargaining unit employees fairly

Company Obligation:Duty to bargain with union in good faith and recognize union as the exclusive bargaining representative for all bargaining unit employees

Union Obligation:Duty to bargain with company in good faith and represent all bargaining unit employees fairly

Company Obligation:Duty to bargain with union in good faith and recognize union as the exclusive bargaining representative for all bargaining unit employees


Methods for Organizing Unions (cont’d)• NLRB Directive

NLRB directs the employer to recognize the union because the employer’s unfair labor practices tainted the organizing campaign and/or election processes

• Bases for Issuing Gissel Bargaining Orders:A fair, impartial election is not possible due to the

employer’s ULPsAuthorization card wording is clear and

unambiguousEmployees’ signatures were voluntarily obtainedA majority of bargaining unit employees signed

authorization cards


Example of a Union Authorization Card

Exhibit 5.6SOURCE: Courtesy of the United Food and Commercial Workers International Union.


NLRB Secret Ballot Election Process• Pre-NLRB-Election Union Campaigns

Contacting employeesDetermining interestSetting up and organizing committeeBuilding interest by soliciting authorization cards

• Costs versus Returns for OrganizingExtra compensation gained by bargainingAdditional dues and fees paid by new membersEnhanced political influenceSocial benefits and satisfaction of membership


NLRB Election Process…(cont’d)

• Filing a Petition for ElectionEmployer refuses union’s recognition request.

Employer can petition for an election once the union seeks recognition

Union files an election petition with the NLRB Union has signed authorization cards to show substantial

employee support (at least 30%) for the union NLRB determines its jurisdiction and the union petition’s

validity



• Filing a Petition for Election (cont’d)NLRB, employer, and union discuss appropriate

bargaining unit composition, voter eligibility, ballot, and the date, and time and place for election

Consent election: both sides agree on all election issues

Contested election: the NLRB holds a hearing to resolve election issue differences between the two parties



• Determining the Appropriate Bargaining UnitBasis for NLRB decision is “community of

interest” Interest of the employees Commonality of wages, working conditions, training, and

skills Prior history of collective bargaining Transfers of employees among facilities Geography and physical proximity of the workplaces Employer’s administrative or territorial divisions Degree of separation (distinctiveness) or integration

(interrelatedness) of the employees’ work


NLRB Election Process…cont’d

• Determining the Appropriate Bargaining UnitRestrictions on “community of interest”

Nonprofessional and professional employees must be in placed in separate bargaining units

Craft units can elect to be placed in a separate bargaining unit (Globe election)

Plant guards must be in a separate bargaining unit Supervisors and members of management are excluded Agricultural workers, most public employees, and

independent contractors (not covered by the LMRA) are excluded from the bargaining unit

Confidential employees and family members of owners are excluded



• Bargaining Units in the Health IndustryRegistered nursesPhysiciansOther professional employeesTechnical employeesSkilled maintenance employeesBusiness office clericalsGuardsOther nonprofessional employees



• Eligibility to Vote in the Election Requires:Employment in a bargaining unit jobEmployment during the eligibility periodEmployment on the date of the election If on strike, striking employee must be within

12 months of the beginning of an economic strike



• Untimely Petitions Are Void If:A representation election was held within the

previous 12 monthsEmployees are already in a certified union and

covered by a contract

• Contract Bar DoctrineA valid multi-year contract protects the union

by barring representation elections for up to three years



• Excelsior RuleAn employer must provide the NLRB regional

director with the names and addresses of eligible voters within 7 days of a consent or directed election order



• Factors Affecting Election Outcomes:High (90%) voter turnoutLength of time before election occurs

Longer times worsen the union’s chances of winning

Size of the election unit The union wins more in smaller units

The union supporting the organizing effort Negative “big labor” image hurts union’s chance of winning

Whether the supporting union is independent or affiliated with the AFL-CIO Independents do better



• The ElectionSecret ballots with union or no union choice are

used If two unions are on the ballot, there are three choices:

– Union A, Union B, or Neither Election held at workplace during working hours on a payday

Election Outcome Simple majority decision: those who vote decide for everyone in

the bargaining unit– Runoffs are held if necessary– If a union wins, the NLRB certifies it as the exclusive

bargaining agent– Election conduct and votes can be challenged for 7 days


Examples of Secret Ballots for Union Representation Elections

Exhibit 5.7

DO NOT SIGN THIS BALLOT. Fold and drop in ballot box. If you spoil this ballot return it to the Board Agent for a new one.

DO NOT SIGN THIS BALLOT. Fold and drop in ballot box. If you spoil this ballot return it to the Board Agent for a new one.



• Trends in Union Representation ElectionsThe yearly number of elections has fallen

sharplyThe union success rate (wins) has steadily

declinedUnions are less likely to win NLRB-sponsored

elections in bargaining units (over 100 employees)



• After the ElectionOne-third of newly elected unions fail to

successfully secure a initial labor agreementFactors favoring securing a first contract:

Preexisting high wages in the firm The presence of other bargaining units in the firm Large election victories Active participation by international union representatives



• Duties of the Exclusive Bargaining AgentTo represent equitably and fairly all members

of the bargaining unitTo bargain in good faith with the employer

• Duties of the EmployerTo bargain in good faith with the elected unionTo refuse to bargain with any other union or

employee


Conduct of Representation Election Campaigns and NLRB Policies• Totality of Conduct Doctrine

The NLRB considers isolated incidents within the entire context of conduct during a campaign in determining unfair labor practices

Campaigning parties cannot use forged documents

• Captive Audience—24 hour ruleEmployers cannot make speeches to workers on

company time within 24 hours of an electionEmployers may not threaten reprisal or promise

benefits during a campaign speech


Conduct of Campaigns and NLRB Policies• Polling or Questioning Employees

Employers cannot ask employees about their union sentiments

• Distribution of Union Literature and Solicitation by Employees on Company PropertyLiterature distribution is permitted during

nonworking times and in nonworking (non-customer) areas

Company confidential material cannot be distributedLechmere decision allows employers to ban non-

employee organizers if there are other reasonable means of access to employees


Examples of Handbills Distributed During Representation Election Campaigns

Exhibit 5.9


Conduct of Campaigns and NLRB Policies• Showing Films during Election Campaigns

Films may be used during campaigns

• Use of E-MailAn employer’s e-mail usage policy can ban all

non-business use of e-mail, but not solely union-related e-mail


Conduct of Campaigns and NLRB Policies• New Union Strategies

Using the Internet to distribute organizing information

Salting: Employers hire organizers who then solicit for union membership as employees of that organization

Organizing an employer’s suppliers to overcome the effects of outsourcing

Creating videos explaining the union’s positionHolding public rallies and marches to draw attention

to union causesFunding more organizing efforts


Decertification Procedure

• DecertificationWhen a majority of the bargaining unit vote to

remove the union’s certification as the unit’s exclusive representative

The support of 30% of the unit is required to petition the NLRB for a decertification election

• Reasons for DecertificationFair treatment of employees by employersPoor job by unions of providing services to

members Inability to gain an initial labor contractHiring of replacement workers


Examples of Objective Evidence of a Union’s Lack of Majority Status

Exhibit 5.11

1. Unsolicited communications from employees expressing a desire to become unrepresented

2. Any material change in the size or composition of the unit, such as a reduction in the number of employees

3. Date of union certification

4. Failure of the union to appoint a shop steward or committee

5. Failure of the union to process grievances

6. Failure of the union to actively represent employees on matters arising under the contract

7. Failure of the union to hold meetings that could be attended by the employees

8. Failure of the employees to attend union meetings

9. Failure of a majority of employees to authorize a dues checkoff if the contract provides for one

10. Whether the union has communicated a lack of interest regarding representation to either the company or the employees

11. Whether employees have filed or attempted to file a decertification petition of their own

SOURCE: Clyde Scott, Kim Hester, and Edwin Arnold, “Employer-Initiated Elections, 1968–1992,” Journal of Labor Research 18 (Spring 1997), p. 317.

*”Objective evidence” is defined as “reasonable grounds” to believe that an incumbent union no longer represents a majority of bargaining unit employees.

Documents

Bab 5 Why and How Unions Are Organized