978-1305115248 Chapter 10 Solution Manual Part 1

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Chapter 10

Union/Management Relations and Grievances

Chapter Overview

This chapter deals with the nature of unions, globalization of unions, union membership trends,

unions in the U.S., U.S. labor laws, the process of unionization, collective bargaining issues, the

collective bargaining process, union/management cooperation, and grievance management.

Why employees unionize is discussed. The two primary reasons are dissatisfaction with how

they are treated by their employers and the belief that unions can improve their work situations.

Why employers resist unions is discussed. The role of HR professionals in effectively handling

unions is also discussed.

Globalization of unions is explored by looking at union membership globally, global labor

organizations, and U.S. and global unionization differences. Unions represented more than 30%

of the workforce from 1945 to 1960. Among factors accounting for this decline of U.S. union

membership are deregulation, foreign competition, a larger number of people looking for jobs,

and a general perception by firms that dealing with unions is expensive compared with non-

union alternatives. Also, geographic, industrial, and workforce changes have resulted in a decline

of unions. The union targets for membership growth is discussed.

The next section talks about the evolution of U.S. Unions, its structure, and also provides

examples of some industrial unions. This section also discusses about the AFL-CIO federation,

Change to Win, National and International Unions, and Local Unions.

Next the chapter describes the labor laws in the U.S. Early labor legislation includes the Railway

Labor Act and the Norris-LaGuardia Act. The chapter also discusses the Wagner Act, the Taft-

Hartley Act, and the Landrum-Griffin Act.

The Civil Service Reform Act of 1978 regulates public sector union-management relations at the

federal level. Proposed legislation is also discussed.

Steps in the unionization process are detailed including the organizing campaign, authorization

cards, representation elections, certification and decertification, and contract negotiation. Key

collective bargaining issues discussed are those of management rights and union security. The

classification of bargaining issues as mandatory, permissive, and illegal is also covered. Next, the

collective bargaining process is traced through four stages:

Preparation and initial demands

Negotiations

Settlement or impasse

Strikes and lockouts

Union/management cooperation programs are also described. The chapter ends with a discussion

of grievance management including responsibilities, procedures, and steps in a typical grievance

procedure.

Chapter Outline

Exactly how political, economic, and workforce trends affect employers and unions are

important considerations, and HR professionals need to understand the laws, regulations, court

decisions, administrative rulings and public perceptions associated with unions.

I. Perspectives on Unionization

A union is a formal association of workers that promotes the interest of its members through

collective action. In the United States, unions typically try to increase compensation, improve

Union presence and activity is influenced by laws. As such, the ability of unions to function as

bargaining entities is based on how they gain and keep favor with politicians who represent their

Union representation has many advantages and disadvantages. Unions can provide a balance to

the unchallenged decision-making power of management when needed. Increases in job

A. Why Employees Unionize

Whether a union targets a group of employees for organization, or the employees request

union assistance, the union must win support from the employees to become their legal

representative. Over the years, employees have joined unions for two general reasons:

They are dissatisfied with how they are treated by their employers

The major factors that can trigger unionization are issues of compensation, working

B. Why Employers Resist Unions

Some employers would rather not have to negotiate with unions because they affect how

employees and the workplace are managed. Unions are criticized for creating inefficiencies at

work that cause waste and poor performance. Union workers frequently receive better

Human Resource Professionals and Unionization

To prevent unionization or to work effectively with unions already representing the

workforce, both HR professionals and operating managers must be attentive and

responsive to employees. The pattern of dealing with unionization varies among

II. Union Membership in the United States

The statistics on union membership over the past several decades tell a disheartening story for

organized labor in the United States. As shown in Figure 10-2, union membership covered more

than 30% of the workforce from 1945 to 1960. But most recently, union membership in the

However, it’s not all bad news for unions, some unions and their members are prospering. In the

past several years, unions have organized thousands of janitors, health care workers, cleaners,

and other low-paid workers using publicity, pickets, boycotts, and strikes. In some states,

A. Reasons for U.S. Union Membership Long-Term Decline

Several general trends have contributed to the decline of U.S. union membership, including

deregulation, foreign competition, a larger number of people looking for jobs, and a general

To some extent, unions may be victims of their own successes. Unions in the U.S. historically

have emphasized helping workers obtain higher wages and benefits, shorter working hours,

Geographic Changes

During the past decade, job growth in the United States has been the greatest in states

located in the South, the Southwest, and the Rocky Mountains. Most of these states have

little tradition of unions, more “employer-friendly” laws, and relatively small percentages

Industrial Changes

Much of the decline of union membership can be attributed to the shift in U.S. jobs from

industries such as manufacturing, construction, and mining to service industries. Private-

sector union membership is primarily concentrated in the shrinking part of the economy,

Workforce Changes

Many workforce changes have contributed to the decrease in union representation of the

labor force. The decline in many blue-collar jobs in manufacturing has been especially

B. Public-Sector Unionism

Unions have enjoyed significant success with public-sector employees. The government

sector (federal, state, and local) is the most highly unionized part of the U.S. workforce, with

C. Union Targets for Membership Growth

The continuing losses of union support and influence have led to disagreements among unions

about how to fight the decline. Rather than remaining a part of the traditional AFL-CIO labor

III. Union History and Structure in the United States

The union movement in the United States has existed for more than two centuries. During that

A. Evolution of U.S. Unions

The union movement in the United States began with early collective efforts by workers to

address job concerns and counteract management power.

As early as 1794, shoemakers organized a union, picketed, and conducted strikes.

In 1806, when the shoemakers’ union struck for higher wages, a Philadelphia court

The American Federation of Labor (AFL) united several independent national unions in

It was not until the Congress of Industrial Organizations (CIO) was founded in 1938

Years later, the AFL and the CIO merged to become the AFL-CIO. That federation is still the

B. Union Structure

Labor in the United States is represented by many different unions. Regardless of size and

geographic scope, two basic types of unions have developed over time:

In a craft union, members do one type of work, often using specialized skills and

training. Examples are the International Association of Bridge, Structural, Ornamental

An industrial union includes many persons working in the same industry or company,

AFL-CIO Federation

Labor organizations have developed complex organizational structures with multiple

levels. The broadest level is the federation, which is a group of autonomous unions. A

Change to Win

The establishment of Change to Win meant that seven unions with over 5 million members

left the AFL-CIO. The primary reason for the split was a division among different unions

about how to stop the decline in union membership, as well as some internal organizational

National and International Unions

National and international unions are not governed by a federation even if they are

Like companies, unions find strength in size. In the past several years, about 40 union

mergers have occurred, and some other unions have considered merging. For smaller

Local Unions

Local unions typically have business agents and union stewards. A business agent is a full-

time union official who operates the union office and assists union members. The agent

IV. U.S. Labor Laws

The right to organize workers and engage in collective bargaining offers little value if workers

cannot freely exercise it. Management has consistently developed practices to prevent unions

A. Early Labor Legislation

Beginning in the late 1800s, federal and state legislation related to unionization was passed.

The Railway Labor Act (RLA) of 1926 represented a shift in government regulation of

unions. The result of a joint effort between railroad management and unions to reduce

Three acts passed over a period of almost 25 years constitute the U.S. labor law foundation:

The Wagner Act

Figure 10-4 indicates the primary focus of each act. Two other pieces of legislation, the Civil

B. Wagner Act (National Labor Relations Act)

The National Labor Relations Act, more commonly referred to as the Wagner Act, has been

called the Magna Carta of labor and is, by anyone’s standards, prounion. With employers

having to close or cut back their operations, workers were left with little job security. Unions

Unfair Labor Practices

To protect union rights, the Wagner Act prohibited employers from using unfair labor

practices. Five of those practices were:

Preventing employees from using their right to organize or to bargain collectively

Affecting labor organization membership by tampering with hiring decisions and/or

Mistreating an individual because he or she filed charges or gave testimony under the

National Labor Relations Board

The Wagner Act established the National Labor Relations Board as an independent entity

to enforce the provisions of the act. The NLRB administers all provisions of the Wagner

Act and of subsequent labor relations acts. The primary functions of the NLRB include

C. Taft-Hartley Act (Labor Management Relations Act)

The passage in 1947 of the Labor Management Relations Act, better known as the Taft-

Hartley Act, was accomplished as a means to offset the pro-union Wagner Act by limiting

The new law amended or qualified in some respect all the major provisions of the Wagner Act

and established an entirely new code of conduct for unions. The Taft-Hartley Act allows the

President of the United States to declare that a strike presents a national emergency. A national

Right-to-Work Provision

Section 14(b) of the Taft-Hartley Act allows states to pass laws that restrict compulsory

union membership. Accordingly, several states have passed right-to-work laws, which

prohibit requiring employees to join unions as a condition of obtaining or continuing

D. Landrum-Griffin Act (Labor Management Reporting and Disclosure Act)

The third of the major labor laws in the United States, the Landrum-Griffin Act, was passed in

1959. Since a union is supposed to be a democratic institution in which union members freely

vote, elect officers, and approve labor contracts, the Landrum-Griffin Act was passed in part

E. Civil Service Reform and Postal Reorganization Acts

Passed as part of the Civil Service Reform Act of 1978, the Federal Service Labor

Management Relations statute made major changes in how the federal government deals with

unions. The act also identified areas subject to bargaining and established the Federal Labor

In a somewhat related area, the Postal Reorganization Act of 1970 established the U.S. Postal

F. Proposed Employee Free Choice Act

The Employee Free Choice Act would allow unions to sign up workers on cards (referred to

as “card check”) and the unions to become recognized without an election by secret ballot if

enough signatures were collected. As a result, the “campaigns” to organize that unions dislike

V. The Unionization Process

The process of unionizing an employer may begin in one of two primary ways:

A union targeting an industry or a company

Employees requesting union representation

The logic for targeting is that if the union succeeds in one firm or a portion of the industry, then

many other workers in the industry will be more willing to consider unionizing. In the second

A. Organizing Campaign

Like other entities seeking members, a union usually mounts an organized campaign to

Employers’ Union Prevention Efforts

Management representatives may use various tactics to defeat a unionization effort. Such

tactics often begin when union publicity appears or during the distribution of authorization