Labor-management Relations 2007-2008

Preliminary Contents UNIT 1. Union Changes in the 21st Century 1. Solidarity: Winning for the Working Families, John J. Sweeney, Vital Speeches of the Day, September 1, 2005 AFL-CIO President John J. Sweeney asked for solidarity within the union federation to become the leadership to American workers. This will be accompanied with a shift of resources towards organizing and enhancing legislation favorable to labor. 2. States of Disunion, JoAnn Wypijewski, The Nation, August 29/September 5, 2005 During the fiftieth anniversary AFL-CIO Convention three major unions defected to join the Change to Win Coalition. Andy Stern of the Service Employees International Union claimed the split was "not to divide the labor movement but to rebuild it." 3. Labor Spilts Open, David Moberg, The Nation, July 11, 2005 Three unions split from the AFL-CIO to join the Change to Win Coalition that could become a federation of unions. The biggest difference is over union resources to support organizing efforts. 4. Labor's Future: Can Unions Restore the Dignity of Work?, John T. Joyce, Commonweal, February 10, 2006 In the last fifty years many changes have occurred within workforce demographics, working conditions, management styles, legislation, competition, and politics. All of these and more have had an influence on unionization of the American workers and the pride that the workers once possessed. 5. Labor Union's Future: The Issues, Pamela M. Prah, The CQ Researcher, September 2, 2005 Changes in workforce demographics, the type of work being performed, global competition, health care, and pensions have all had dramatic affects on unionization. What can unions do to protect workers and the union's role in providing benefits to workers? 6. Reengineering Labor, A.J. Vogel, Across the Board, January/February 2006 Andrew Stern, President of the Service Employees International Union is seen by many as a person capable of making the changes necessary to bring labor unions back from the depths of despair. Stern argues that employees are on their own and need labor unions to represent their interests in the workplace. 7. Taking Back America for Working People: Community by Community, Bruce Colburn, Working USA: The Journal of Labor and Society, December 2004 In an environment hostile to labor unions, advances in unionism can be made through political efforts at the local and regional level. By defeating politicians that support "big business," gains can be made by labor unions and workers. UNIT 2. Historical and Legal Regulation of Collective Bargaining 8. Basic Labor Law, Gwynne A. Wilcox, Employee Rights Quarterly, Winter 2003 Most of the collective bargaining process is based on the foundation of the National Labor Relations Act (NLRA). The main sections of the NLRA are reviewed and the relevance of each is explained. 9. Individual "Concerted" Activity Under Federal Labor Laws, Mary-Kathryn Zachary, Supervision, January 2004 Though the words concerted effort imply more than one person, it has been held that one person acting on the part of more than one person is provided certain forms of protection under the National Labor Relations Act (NLRA). 10. U.S. Labor Law, Andrew Strom, Dollars & Sense, September/October 2003 Though the National Labor Relations Act (NLRA) provides the opportunity to organize and join a union--if the majority of an employee group wished to do so, it is not that easy. The NLRA also provides opportunities for the employer to delay voting, delay negotiation of a contract, change the membership of an appropriate bargaining unit, and sometimes coerces employees into not voting for a union. 11. Labor Pains for Union-Free Employers, Jonathan A. Segal, HR Magazine, March 2004 When employees do not have a labor union representing them, it does not mean that they are not able to discuss workplace issues in a concerted effort manner. The concerted actions of employees are in many cases protected by labor laws and National Labor Relations Board decisions. These actions may include: employment terms, statements about the employer, work stoppages, honoring picket lines, and other actions normally considered to be unionized activities. 12. The Impact of Employer E-Mail Policies on Employee Rights to Engage in Concerted Activities Protected by the National, Christine Neylon O'Brien, Dickinson Law Review, 2002 There is an interrelationship between the employee's rights to engage in concerted effort activities under the National Labor Relations Act and an employer's policies on the use of e-mail. Monitoring of e-mail by an employer may not be allowed during an orgainizing compaign. Case law is discussed in light of the NLRA as it applies in such circumstances. 13. The Thirteenth Amendment and the Right to Strike, James Pope, Dollars & Sense, January/February 2003 The Thirteenth Amendment states: "Neither slavery nor involuntary servitude shall exist within the United States" yet current laws such as the Taft-Hartly Act allow the federal government the power to make workers return to their job if they do strike. Following the breaking of the PATCO strike in 1981, by then President Reagan, employers have felt freer to replace striking workers with permanent replacement workers. 14. The 'Living Wage': It Couldn't Do Any Harm, Charles R. Morris, Commonweal, October 11, 2002 Over eighty jurisdictions have passed a living wage ordinance as a means of providing a reasonable standard of living level for low-wage workers in their respective area. Most living wage ordinances apply to local government workers or government contractors. Some research has shown that a living wage has not had a major impact on labor costs and prices. Other evidence is present that legislated pay and benefits can become distortive and inefficient. UNIT 3. Strategies for Collective Bargaining 15. Guaranteeing Opportunity For The Workers, John J. Sweeney, Vital Speeches of the Day, September 3, 2003 John Sweeney, AFL-CIO President, in a speech to the Detroit Economic Club discusses the role of labor in the U.S. and the relationship with management that is shipping American jobs overseas. He also discusses the policies of the federal government and the impacts that affect the American workers and their families. 16. The Developing Law of Neutrality Agreements, Charles I. Cohen and Jonathan C. Fritts, Labor Law Journal, Winter 2003 Recently a neutrality agreement has become a concept frequently discussed at the negotiations table. The neutrality agreement may include not only a card-check recognition of a labor union, but more comprehensive issues that are discussed in the article. Case law is presented that has been upheld by several district courts under Section 301 of the Labor-Management Relations Act. 17. Illegal Immigrants, Unite!, Byron York, National Review, May 8, 2006 Many employees performing the lowest paid jobs in America are undocumented immigrants. Now the Service Employees International Union (SEIU) and the Unions of Needletrades, Industrial, and Textile Employees and the Hotel Employees and Restaurant Employees International Union (UNITE HERE) want to organize the workers in order to increase the political power of the labor unions. 18. E-Organizing, The Next Frontier? Labor Unions Seek Access to Company E-mail Systems, Thomas L. McDaniel, Compensation & Benefits Review, September/October 2003 Because of technological advances that have made E-mail a convenient means of communications, unions are now seeking access to company intranet systems-especially when the employees are widely dispersed. The employers may have to provide unions access based upon a pending NLRB decision. 19. PC Use at Home and for Union Organizing--New Challenges in the Wired Workplace, Thomas J. Cole Jr., Employment Relations Today, Spring 2002 Scrutiny of employees' e-mail to determine if e-mail is being used to organize a union, may result in the employer being in violation of the National Labor Relations Act. If an investigation determines that a violation has occurred, the employer can be charged with an unfair labor practice and prosecuted by the National Labor Relations Board. 20. Collective Bargaining Is the Right Step, Andrew C. Yacht, The New England Journal of Medicine, vol. 342, no. 6 (February 10, 2000) Residents [doctors-in-training or house staff] across the country need an organized voice to ensure them of reasonable working conditions and to enhance their ability to care for patients. This article discusses how some municipal hospitals have improved working conditions for residents and how those improved working conditions have been guaranteed under contract for more than 40 years. 21. Wal-Mart: Rise of the Goliath, Liza Featherstone, Multinational Monitor, January/February 2005 In 1980, Wal-Mart operated in 11 states with less than 300 stores and annual sales of $1 billion. By January, 2004 its sales has grown to $256.3 billion and more than 3,600 stores. Wal-Mart is now accused of paying low wages, not providing adequate health care and totally opposing the presence of labor unions. Now many suppliers and competitors of Wal-Mart have to pay low wages and reduce benefits. 22. Street Corner, Incorporated, Christopher D. Cook, Mother Jones, March/April 2002 Labor Ready's annual report has depictions of its "emphasis on worker safety" and how it "treats its workers with respect." Lawsuits brought by workers and government agencies, and thousands of public record pages create a totally different image. Yet, people continue to line up early each morning waiting to be assigned a job for the day. 23. Does Right-to-Work Equal Right Location?, Carrie T. Rivera, Plants Sites & Parks, July 2002 When choosing a new facility is it better to go to a right-to-work state or is it bad to go to a union-sho p state and force workers to join a labor union or pay union dues? The answers differ depending on who is answering the question. 24. Labor Fights for Rights: U.S. Workers Have Lost the Right to Organize. A New Effort Aims to Get it Back, David Moberg, The Nation, September 15, 2003 Business organizations have for many years fought to maintain their status as union-free. Many times the tactics that are used are illegal, threatening to the employee's economic welfare, or take advantage of the employee's lack of knowledge about their rights. UNIT 4. Labor-Management Contract Negotiations 25. Labor Contract Negotiations in the Airline Industry, Andrew von Nordenflycht and Thomas A. Kochan, Monthly Labor Review, July 2003 Why have contract negotiations within the airline industry been so difficult? Recent research has shown that on average, contract negotiations take 1.3 years because of the quality of the labor-management relationships. As a result, this can also impact productivity, customer service, and profitability. Therefore calls for reforms of the Railway Labor Act have gained momentum. 26. Process, Strategy, and Tactics in Labor-Management Mediation, Paul D. Roose, Dispute Resolution Journal, November 2003 - January 2004 Once a negotiation impasse has been reached and one or both sides believe that further progress cannot be made, it is often necessary to bring in a third-party mediator. Each mediator has a style of their own shaped by their personality as well as their past experiences. Mediation is not a science, it is an art. Some of the techniques and strategies that can be used in mediation, to assist the parties reach a settlement, are presented. 27. Tortilla Flap, Sarah Karp, The Chicago Reporter, December 2002 After changing labor unions to represent them, workers at Aztec Food walked out over differences on health care and charges of unfair labor practices. What is most unusual about this strike is that it pits Latino workers against a Latino owner. Some argue that the strike is not about health care and wages, but that the labor union was seeking publicity for itself without regard for the workers. 28. Labor Adversaries Bury the Hatchet, Donald D. Tippett and Joseph Costa, Personnel Journal, May 1996 Within an environment of a continuing change in contractors, 1350 workers represented by 13 unions at the Arnold Engineering Development Center in Tennessee had very little allegiance to their employer. In 1991 the new contract sought to negotiate improved work rules to boost productivity and cut costs. The result was a 57-day strike. Leaders on both sides sought out better ways of collective bargaining and the result was turnaround in the working relationships of all involved. 29. The New Deal, Tonya Vinas, Industry Week, May 2003 With the United Steelworkers of America and some of the steel companies having survived the industry's consolidations of the previous decade, they will be operating under more flexible and less costly labor contracts. Some experts believe that contracts in which unions provide give-backs to management are going to be the trend of the future. 30. Pension Crisis: The Issues, Alan Greenblatt, The CQ Researcher, February 17, 2006 Since 1985 American companies have been eliminating their defined-benefit pension plans. Today many companies still find that their plans are under-funded to meet their obligations and have placed a severe strain on the companies as the baby-boom era employees begin to retire. Future contract negotiations are being impacted by the pension plan issue. 31. Now for the Reckoning, The Economist, October 15, 2005 Post-retirement benefits are becoming an increasing burden on American companies as well as other countries. Increasing health care costs and retirement pensions are two of the major issues being faced. 32. The UAW Isn't Buying Detroit's Blues, David Welch, BusinessWeek, June 6, 2005 As American automakers face more competition from foreign competitors--they are placing more pressure on the United Auto Workers Union (UAW) for continuing concessions during negotiations. 33. Deauthorization and Decertification Elections: An Analysis and Comparison of Trends, Clyde J. Scott and Edwin W. Arnold, Working USA, Winter 2003-2004 An examination of the 48-year period of 1959 to 1998 reveals that labor unions won 42.2 percent of the deauthorization elections in the U.S. and only 28 percent of the decertification elections. Provisions for these elections are provided by the Taft-Hartley Act, Section 9(e) (1) and are seldom discussed in the literature of labor-management relations. 34. Good-Faith Bargaining, Kathryn Tyler, HR Magazine, January 2005 In order for management to negotiate a contract with a labor union, the negotiator must know the workers jobs, be prepared with negotiation strategies, and become a trustworthy partner to labor. UNIT 5. Dispute Resolution and Administering the Relationship 35. Psychological Contracts in the Workplace: Understanding the Ties That Motivate, Denise M. Rousseau, Academy of Management Executive, February 2004 Functional and dysfunctional employee actions are the outcomes of the labor-management relationship. What is the basis of the relationship and how does it function within an organizational setting? The author explains the concept of the psychological contract and its function in the labor-management relationship. 36. Good Management/Union Relations can be a Sweet Deal, T.L. Stanley, Supervision, February 2003 After several problems occurred in the negotiations and a strike took place, a contract was finally approved between Hershey Foods Co. and the Chocolate Workers Local 464. What made the difference was the good labor and management relationship. A good relationship can make many of the difficulties that arise between labor and management that much easier to solve. 37. Mending Labor-Management Relationships, James Flint, Public Management, August 2002 The author argues that there is a labor-management relationship continuum composed of a series of evolutionary stages that describe how management and labor choose to relate between the parties. The author also argues that the relationship continuum is both descriptive and prescriptive of how and in which directions the parties should move (work) to enhance the relationship in a more positive and effective manner. 38. Nature vs. Nurture, Jill Jusko, Industry Week, July 2003 Recent breakdowns in the labor and management relationship have clearly demonstrated that there are not only financial costs, but more tragic human costs that result. When a need for change in the relationship was recognized, several companies have worked with the International Association of Machinists and Aerospace Workers union to develop a high-performance work organization partnership. 39. Quaker Oats Co., Jill Jusko, Industry Week, October 19, 1998 In the late 1980's the Quaker Oats Co., Danville, IL facility was among the high-cost producers of the company, and the American Federation of Grain Millers Local 317 filed charges of unfair labor practices with the National Labor Relations Board. Today it is one of the best facilities in the company. The change was achieved by developing a culture where labor and management work toward common goals and depend on a mutually developed set of guidelines. 40. Ambiguities in Labor Contracts: Where do They Come From?, John B. LaRocco, Dispute Resolution Journal, February/April 2004 What the words really mean is the major reason that the interpretation of a contract can lead to the filing of a grievance by an employee and the union. The ultimate interpretation is left up to an arbitrator when the grievance cannot be settled by the main parties of the contract. Sometimes the ambiguity of the language is intentional by one of the parties and other times it is unintentional. Usually the dispute is the result of interpretation. 41. Minimizing the Likelihood of Employment Litigation, Murray Schwartz and Taraneh Moayed, Employee Rights Quarterly, Spring 2002 Many grievances in both union and non-union facilities end up in courtroom litigation that can be very expensive-even if the defendant(s) wins the case against them. The author presents some simple steps that may prevent an employee complaint from becoming a litigation suit. 42. The Pivotal Role of Labor-Management Committees, Workforce, January 5, 2004 In recent years Labor-Management Committees (LMC) can be a means of bringing about major changes in the way that the two parties work with each other. Created during contract negotiations, LMC's often address issues that extend beyond the scope of traditional bargaining--many of which are complex and require expanded study or technical assistance. 43. Behavioral Safety: A Necessary Part of the Whole, Michael Topf, Occupational Hazards, September 2002 With Behavior-based safety, the worker is the primary cause of accidents and injuries. This ignores the necessity for engineering improvements to hazardous equipment and conditions. Many critics of behavior-based safety argue that these programs allow management to minimize their responsibility for providing the safest conditions and equipment. 44. Delphi Gets a Handle on Hand Protection, Sandy Smith, Occupational Hazards, March 2003 Personal protective equipment (PPE) used by employees is the last barrier against hazards and have become serious business at Delphi. Only after trying to eliminate the hazard or condition is PPE implemented to provide as much protection as possible. Training and signs to communicate with the employees to help them recognize hazards are also used. 45. Union Liability in Discrimination Cases, Mary-Kathryn Zachary, Supervision, October 2002 Not only can an organization be held liable in an employment case, but unions may also be liable for t heir own conduct with regard to employment discrimination. Federal laws support and courts have held unions liable in several employment discrimination cases, as discussed in this article. 46. Dispatches from Decatur: Community is the First Casualty in America's Labor Wars, Kevin Clarke, U.S. Catholic, April 1996 Three months after the end of the disputes and strikes between three unions and three major employers, signs of the stuggles could continue to be seen around Decatur, IL. Because friends and relatives crossed picket lines or became replacement workers, a lot of friends and relatives are not talking to each other now that the disputes have been settled. UNIT 6. Public Sector Collective Bargaining 47. Making Labor-Management Relations Integral to the Management Process, Kenneth L. Smith, The Public Manager, Fall 2001 This article is a compilation of discussions that occurred at two Interagency Labor Relations Forums. The discussions focused on how to best create an effective two-way strategic linkage between labor relations strategy and the broader organizational strategy. 48. Union Monopoly is Bad for Teachers, Myron Lieberman, USA Today Magazine, March 2003 The National Education Association and the American Federation of Teachers represent nearly 100 percent of the teachers in 34 states that require school boards to bargain collectively with teachers. The two unions also operate under a no-compete agreement and have combined revenues believed to be over $1.5 billion in 2001-02. 49. Trade Unions: The Facts, New Internationalist, December 2001 With considerable differences in the density of union membership around the globe, this article provides considerable data about the actual membership throughout the world. The analyses show many interesting facts such as in France 90 percent of the workers are covered by collective bargaining while less than 10 percent belong to a union. UNIT 7. International Collective Bargaining 50. Waking Up to Their Rights, Dexter Roberts, BusinessWeek, August 22, 2005 During 2004 there were 57,000 strikes and protests in China by workers. The workers are seeking higher wages, recognition of overtime work, and relief from other forms of abuse in the workplace. Workers are becoming better educated about workers rights. 51. Labour Law, European Policy Analyst, September 2005 As the European Union (EU) continues to unfold, labor laws also continue to change. In February, 2005 a new EU "social agenda" for 2005-2010 was set forth. Included were issues of European Works Councils, working time, temporary workers, health and safety at work, third-country nationals, portable pensions, and data privacy for employees. 52. Is Union Man Back?, Martin Bright, New Statesman, May 1, 2006 Three labor unions within Great Britain are possibly going to merge and this would create and one labor union having 40% of the Labour Party's membership--giving it an enormous amount of power within the party. With labor growth being in the lower paying service sector, an opportunity may arise for increased union representation. 53. Shut Up or Die!, Monica del Pilar Uribe, New Internationalist, December 2001 Four-fifths of Columbians live in poverty, 22 percent are unemployed, and 2.5 million children are forced to work. Any goup that is directly engaged with these issues is subject to the violence that has resulted in assassinations of 3,100 trade union leaders. Labor laws and government policies have virtually abolished trade union rights. 54. Employment Tribunals: Using Your Last Resort, Roisin Woolnough, Computer Weekly, June 27, 2002 Created by the Industrial Training Act of 1964 in Great Britain, Employment Tribunals provide employees an additional alternative after the grievance process has been exhausted. The tribunals are independent judicial bodies, but do not have the formal legal rules of evidence and procedures of the courts. There has been an incredible growth in the number of cases going to the tribunals. 55. Fighting the Global Goliath, Jason Judd and Maris Levine-Sabol, Social Policy, Fall 2005 With a supply chain that reaches to the furthest realms of the globe, Wal-Mart is having an impact on not only their workers but the employees of the supply chain. Abuses of worker's rights are an integral part of this entire network from the factory to the store shelf. 56. The "Race to the Bottom" in Imported Clothes, Robert J.S. Ross, Dollars & Sense, January/February 2002 Union and labor-rights activists have long argued that management of organizations seek the places where labor unions are weak, protection is least enforced, workers are repressed and labor the cheapest. Labor-rights activist call this process the "race to the bottom." This article is an analysis of the general trends by calculating the average hourly wage of global workers that produce goods exported to the United States. UNIT 8. The Future of the Labor Union Movement in the U.S. 57. Are Unions Obsolete? Neuhaus v. O'Connor on Labor, George G. Higgins, Commonweal, November 3, 2000 Father Richard John Neuhaus, a priest under Cardinal John J. O'Connor, claims that the differences between labor and management no longer exist and that labor unions are now obsolete. This opposes the stance that Cardinal O'Connor held while he was alive. The author presents reasons why Neuhaus' argument is not true. 58. A Proposal for a Twenty-First-Century Trade Union Education League: An Attempt to Solve the Crisis, Judy Atkins and David Cohen, Working USA, January 31, 2004 The authors propose that committees of workers should be forming to engage management in struggles to improve the wages, hours, and conditions of the workplace while establishing labor union locals. This idea is based upon the Trade Union Education League of the 1920's that was the basis of mass organizing in the 1930's.