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LABOR MANAGEMENT RELATIONS
Human Resource ManagementCollege of Public and Community Service
University of Massachusetts at Boston©2008 William Holmes
1
LABOR MANAGEMENT RELATIONS OVERVIEW
•Labor Rights•Management Rights•Labor Obligations•Management
Obligations•Creating Good Labor
Relations
2
LABOR RIGHTS
•Wagner Act—Right to Organize•Landrum-Griffin Act—Right of
Construction to Closed Shop•Taft-Hartley Act—Right to Decertify
3
LABOR OBLIGATIONS
•Taft Hartley Act—no closed shop
•National Labor Relations Act—No Secondary Strikes
•State “Right to Work” Acts•Free Speech for All Employees
4
EXAMPLES OF UNFAIR LABOR PRACTICE
•Obstruct Management of Nonunion Employees
•Obstruct Alternative Union Organizing•Punish Union Members from Complaining
About Union•Refuse to Consult or Negotiate in Good Faith•Engaging in Secondary Boycotts•Engaging in Featherbedding
5
MANAGEMENT RIGHTS
•Taft Hartley Act—Speak Against Unions
•No Closed Ship•National Labor Relations Act—
Requires Elections for Certification
•Use of Right to Work Laws
6
MANAGEMENT OBLIGATIONS
•Wagner Act•National Labor
Relations Act•State “Closed Shop”
or “Union Shop” Acts•Other Acts
7
UNFAIR MANAGEMENT PRACTICE
•Obstruct Labor Rights•Obstruct or Promote Union Membership•Sponsor or Favor One Union Over
Another•Discipline or Impair Employees that File
Grievances, Complaints, or Testimony•Refuse to Consult or Negotiate in Good
Faith•Enforce Rules Conflicting with
Agreements if Agreements Precede Rules
8
EXAMPLES OF UNFAIR MANAGEMENT PRACTICE
•Punishing employee filing grievance•Firing employee organizing a union•Threatening prohibited punishments•Changing working conditions without
bargaining•Refusing mediation or arbitration when
required by contract•Excluding union reps from “formal
discussions”
9
LEGAL LIMITATIONS
•Employees at Will•Implied Contracts•Explicit Contracts•Statutory Exceptions•Constitutional Exceptions
10
INDICATIONS OF GOOD LABOR RELATIONS: 1
• Impact of union on mission is neutral or positive
•Employees don’t project us/them image
•Changes are not made as “last resort”
•Direct and indirect costs required by contract are kept small
11