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CHAPTER 5
Why and How Unions Are Organized
Outline
I. Why Unions Are Formed
a. Work and job conditions
i. Alienation Theory: Employees seek collective action to relieve their feelings of
alienation caused by division of labor and mechanized manufacturing under
capitalist ownership
ii. Scarcity Consciousness Theory (Selig Perlman): employees unionize to protect
jobs in a job-scarce labor market through work rules, apprenticeship programs,
seniority layoff programs, and legislation to protect employees' job rights
iii. Wheeler Model of Union Formation: A two-stage process that involves (1)
worker’s readiness to take some form of aggressive action and (2) that worker
coming together with other workers to take some form of collective action
b. Employees' background and needs
i. Previous membership
ii. Parental attitudes and family experiences
iii. Needs for affiliation, status, and belonging
iv. Race—positively associated with pro-union attitudes
c. Influences on Employees’ Votes for and against Unions (Exhibit 5.1)
i. Employee confidence that union will improve their personal situations
ii. Employee must be convinced of "union instrumentality" Factors include: social
pressure, job satisfaction/dissatisfaction, and attitudes and beliefs about unions
d. Union challenge of organizing the diverse work force
i. Attraction of minorities, contingent, skilled, and part-time employees
ii. Part-time employees
e. Organizing professional employees
i. Compatibility of unionism with professionalism
ii. Pro: collective bargaining can achieve and maintain professional values
iii. Con: unionization is a rejection of key professional values
II. Activities of the Union in Organizing Employees
i. Initial interests in unionization—employees dissatisfied with some work-related
situation
ii. Employees begin process of unionization
iii. Roles of union organizers
iv. Changing workforce
v. Training of union organizers; AFL-CIO Organizing Institute (Exhibit 5.2)
vi. Union organizers identify problems and show employees how the union can
assist in solving problems (see Exhibit 5.3)
vii. Rank and file intensive strategy yields higher win rates (see Exhibit 5.4)
III. Activities of the Company in Union Organizing
• Must convince employees it deserves their support, or at least a second chance
• Employer enters campaign with three distinct advantages
• Favorable position during pre-election campaign
i. Second chance strategy
ii. Use of consultants and attorneys
iii. Surface bargaining
iv. Illegal discharge is used by some employers when financial gains of keeping
union out are greater than legal costs of law violation and reinstatement
v. Worker misclassification; employee vs independent contractor
vi. Employee rights under the NLRA
a. Unintended Consequences of Anti-Union Behavior
i. Employees’ fear of reprisals
ii. Stress effects to employees
IV. Methods of Organizing Unions (Exhibit 5.5)
i. Voluntary recognition; Card Check Procedure; neutrality agreement (Exhibit 5.6)
ii. NLRB directives (Gissel case)
a. NLRB Secret ballot elections (Exhibit 5.7 and 5.8)
i. Pre–NLRB-Election Union Campaigns
ii. Filing a Petition for the Election
iii. Election Investigation and Hearing; directed elections
iv. Appropriate Bargaining Unit; community of interests
v. Evaluation for appropriate bargaining unit
b. After the election
i. Unions fail to secure first contract 25 to 30 percent of the time
ii. Employers refuse or fail to bargain 13 percent of the time
iii. Increase in unfair labor practice charges
c. Duties of the Exclusive Bargaining Agent and Employer
d. After election loss by union (Exhibit 5.9)
e. Mandatory Secret Ballot Elections vs Employee Free Choice Act (EFCA)
i. Secret Ballot Protection Act
ii. Employee Free Choice Act
iii. Card check procedure (Exhibit 5.10)
V. Conduct of the representation election campaign (Exhibit 5.10)
a. Campaign Doctrines and NLRB Policies
i. Conduct doctrine: isolated incidents must be considered in light of entire
campaign
ii. Analysis of data and conclusions
b. Captive audience–24-hour rule: speeches cannot be presented to employees during
working hours within 24 hours of election
c. Polling or Questioning Employees
d. Distribution of union literature and Solicitation by Employees on Company Property
i. Banned in work areas at all times
ii. May not be disruptive to business (limited to nonworking time and areas), nor
may literature include confidential company data
e. Showing films during Election Campaigns
i. Showing of films does not alone constitute an unfair labor practice
f. Use of E-Mail, Internet, and Social Media
i. NLRB upheld employer policy banning use of company e-mail system to support
union organizing
g. New Union Strategies
i. Instituting cyberspace organization with the Internet
i. Union salts
ii. Corporate campaigns
iii. Strategic Organization Fund (Exhibit 5.11)
VI. Decertification Procedures
i. Fair treatment of employees by employers
ii. Poor job by unions (especially smaller unions) of providing services to members
iii. Inability of unions to negotiate an effective first contract after winning
bargaining rights
iv. Striking employees having skills that can be readily replaced so that when a
strike occurs, the employer hires replacements
v. Good Faith Doubt; Objective evidence (Exhibit 5.12)
vi. Raid elections
Discussion Questions
1. Refer to the reasons employees become members of unions to assess the means used by
union organizers to meet these needs.
The reasons that employees become union members are alienation over work conditions; job
2. Select an organization with which you are familiar, and determine the number of bargaining
units that would be appropriate.
The students may select the college or university, a business or any organization for which
3. Explain the contract bar doctrine. How would it influence the negotiation of the first labor
agreement?
4. Appraise the shifting positions of the NLRB on representation election campaigning.
Over the years, the NLRB has developed the totality of conduct doctrine, which considers
specific incidents within the general circumstances of the campaign.
5. Prescribe a "do" and "don't" list for supervisors involved in unionization campaigns so that
they will not commit any unfair labor practices.
Students should be expected to develop their lists primarily from the content of the chapter;
however, additional suggestions are permissible. Examples:
Do not
Do
6. Why do you believe employers are becoming more interested in decertification elections?
The following reasons are some reasons that may interest employers in decertification
elections:
7. Explain the following statement: "It is not the union that organizes the employees; it is
management."
This statement indicates that management frequently creates the climate or conditions that
8. What would be a good response from a union organizer for each statement in the Labor
Relations in Action feature on page 239?
Objection
Answer
"Why should I join the union
when I get exactly the same
wages and benefits without
joining?"
You may get the same wages and benefits without
joining, but without a strong majority, the union will
be weak and all employees, including you, will be
paid less. Together, we will be strong. The data
show that union members earn more.
"I can't afford to join. I've got a
family to support, and my check
just isn't big enough [to cover
union dues]."
You can't afford not to join. Sure, you may save a
little each month; but we all suffer for
nonmembership in the long run.
"I don't believe in unions. They
are too strong and powerful now
to suit me."
Do you believe in democracy? Do you believe in
employee rights? Do you believe in checks and
balances between companies and union? If the
answer is yes, then you believe in unions. They're
not too strong and powerful. They may be examples
of misuse of power, but by and large, union
members are just like you and me. We form a
common bond to achieve and protect our interests.
"I don't need a union. My
employer is fair and will take
care of me. Without a union I get
along fine. What could the union
get for me that I wouldn't have
gotten anyway?"
Your employer may be fair now. Will he always be
fair? Why is he fair? Is the distribution of resources
equitable? Do you know? What are the facts? Do
you need representation?
"My husband (or other relative)
doesn't like unions.”
Why does your husband not like unions? Did he
have a bad experience? Let me tell you about the
good experiences. Higher wages, grievances subject
to arbitration, better working conditions, improved
pension, etc.”
"The union does not do anything
for you [grievances are not
settled satisfactorily]. I don't like
the people who are running
things in the union.”
If you don't like the people, vote them out. That's
your right. If you are not a member of the union, you
don't vote, but they still represent you—that's the
union's legal obligation
"I can handle my own affairs. I
can take care of myself. I'll make
my own decisions. I do not
intend to stay on this job
forever; I'm looking for a
promotion."
That's an admirable position. However, when it's
you against a large employer, you are the
lightweight, the employer is the heavyweight.
"My religion doesn't permit me
to belong to any outside
organizations."
You ought to check your religious principles closely,
but most religious beliefs are consistent with union
principles.
"My boss doesn't believe in
unions. I've seen what happens
to union members."
Your boss may not believe in unions, but the law
provides you the right to form unions and to join a
union if you wish. Furthermore, these rights are
protected through our legal system.
"I don't want anything to do with
unions. They are all corrupt."
Some unions are corrupt, but laws exist to protect
against corruption. Only a very, very small number
of unions are corrupt. In fact, the unions compare
very favorably with other sectors, bank executives,
business leaders, government officials, etc.
"I don't know enough about the
local or the union movement."
Let me give you this pamphlet about the beginning
of unions, why they started, what they believe, and
why they remain an intricate part of our system.
"I'm not interested. I just don't
want to join."
Come attend a meeting with me. Meet the members.
They're just like us. They have families; they want
their company to succeed; they want their children
to be better off than they are; they want better
results from their job
“I'll think about it. Maybe I'll
join someday."
We meet next Tuesday at 7:00; I'll pick you up at
your place. See you then.
9. Review the arguments for and against the Employee Free Choice Act and the Mandatory
Secret Ballot Protection Act. How would you vote? Give your reasons.
The Employee Free Choice Act would have required card-check recognition which favors
Exploring the Web
1. AFL-CIO Organizing Institute
2. Union Organizing
3. Role of Supervisors in Unionization Campaign
4. Union Salts
5. Employer Positions of Labor Laws and Labor Relations
Students should use an internet search engine (e.g., Google) to locate the relevant web pages for
rendered nonfunctional when link-associated web sites and pages are updated.
Suggested Readings and Term Paper Topics
1. How have "union-busting" techniques changed since the early 1900s?
Possible references:
Deshpande, S. P. (2003). Decertification Elections in Health Care: Some Recent Evidence. Health Care
Manager, 22, 2, 108-121.
2. What do unions have to offer the worker today? Why do people vote for (or against)
unions? Compare and contrast the Summers, Betton, and DeCotiis and the Gettman,
Goldberg, and Herman models designed to explain why people do or don't want to be
represented by labor unions.
Possible references:
Bronfenbrenner, K. (1997). The role of union strategies in NLRB certification elections. Industrial &
Labor Relations Review, 50, 195-212.
3. Why do unions lose NLRB representation elections? Support your arguments.
Possible references:
Bronfenbrenner, K. (1997). The role of union strategies in NLRB certification elections. Industrial &
4. It has been said that "a company that deserves a union gets one," suggesting that if
proper leadership and motivation techniques are employed and desirable policies
devised, the workers will not want to unionize. Either agree or disagree with this
philosophy. Support your position.
Possible references:
Foulkes, F. K. (1980). Effective personnel policies: A study of large, nonunion employers. Englewood
Cliffs, NJ: Prentice-Hall.
5. What are the causes and consequences of employee commitment (also called
organizational commitment, company loyalty)? What effect do labor unions have on
this commitment?
Possible references:
Barling, J., Wade, B., & Fullagar, C. (March, 1990). Predicting employee commitment to company and
union: Divergent models. Journal of Occupational Psychology, 63, (1), 49-61.
6. Should unions try to organize part-time workers? Why or why not? How are part-time
workers different from full-time workers? How can a union tailor its approach to meet
their unique needs?
Possible references:
(1), 67-69.
Jacoby, S. M. (2004). Employing bureaucracy : Managers, unions, and the transformation of work in the
7. Interview a union official who is responsible for organizing new "locals" in the union.
How do his experiences organizing locals correspond to and differ from the material
described in the text?
8. What is "Surface Bargaining”? Is it a problem, or a part of U.S. Industrial Relations
System that should remain unchanged? How is it related to decertification efforts by
employers? Support your positions. Should the present industrial relations system be
changed? If so, how? If not, why not?
Possible references:
Cooke, W. N. (1985). Union organizing and public policy: Failure to secure first contracts. Kalamazoo,
Michigan: Upjohn Institute.
9. Suppose that you are a Human Resource Manager in a nonunion manufacturing
facility. Recently, you have suspected that several job applicants are really union
"salts." ("Salting" is when union organizers apply for jobs with nonunion firms in
hopes of either getting hired and organizing a union or, if not hired, filing charges with
the NLRB accusing the firm of discriminating against them because they are pro-
union.) You aren't eager to hire professional union organizers to work for you, but you
don't want to run afoul of the law either. What, if anything, should you do? Write a
paper, analyzing the issue of "salting," and offering and justifying your
recommendations.
Possible references:
Castagnera, J. O. & Fine, C. R. (1999). Union salting since Town & Country: An analysis of new industry
strategies. Labor Law Journal , 50, 264-274.
10. Analyze the labor movement in Puerto Rico, with particular attention to union
organizing there. How is union organizing different in Puerto Rico from the U.S.
mainland?
Possible references:
Figueroa, H. (Nov., 1996). Puerto Rican workers: A profile. NACLA Report on the Americas, 30, 29-30.
Luxner, L. (Oct., 2000). Puerto Rico: Life after Section 936. Global Finance, 14, 111-112.
11. Assume that you are a Human Resource Manager in a firm where the union has just
filed a petition to schedule an NLRB-supervised union certification election. You are
now writing a report to first-line supervisors ("foremen") on things they should do and
say (and avoid doing and saying) as part of your firm's efforts to avoid becoming
unionized. You especially want to avoid any unfair practice charges.
Possible references:
Deshpande, S. P. (2003). Labor relations strategies and tactics in hospital elections. Health Care Manager,
22, 1, 52-54.
12. In Canada, it is possible to have either union representation or "nonunion
representation." How does the latter work? How does it differ from the former? Is this
a system the U.S. should copy? Why or why not?
Possible references:
13. Agree or disagree: Unions show the most growth in both members and wages during
periods of economic growth and the most declines in members during economic
recessions. Justify your position.
Possible references:
Ashley, T., & Jones, E. B. (1996). Unemployment, union density, and wages. Journal of Labor Research,
17, (1),173-183.
Bronars, S. G., Deere, D. R. (1993). Union organizing activity, farm growth, and the business cycle.
American Economic Review, 83, 203-220.
14. What are some innovative union organizing tactics that have been developed during
the last 10 years? Do they work?
Possible references:
Fiorito, J., Jarley, P., & Delaney, J. T. (1995). National union effectiveness in organizing: Measures and
15. Secure, via inter-library loan, a copy of one of the following videos dealing with union
organizing. Does your chosen video agree with or contradict what you have learned
about union organizing in this course? What was in the video that you had not covered
in this course?
Possible videos:
------- (1986). Who needs unions? McGraw-Hill Films.
16. Using NLRB cases found in your university library (available either in print form or
electronically, as with BNA's Labor and Employment Law Library (Weekly), analyze
70-100 cases involving allegations of employer threats during union organizing
campaigns. Are most allegations substantiated, or dismissed? What types of threats are
most common? Do such threats work? What are the NLRB penalties for making
threats? What factors seem to influence how the NLRB will decide the case? For
example, does it make a difference if the threat is true?
Possible references:
Bronfenbrenner, K. (March, 1997). We'll close! Plant closings, plant-closing threats, union organizing, and
NAFTA. Multinational Monitor, 18, (3), 8-13.
17. Analyze the use of professional consultants by organizations as they seek to avoid
unionization. What role do these consultants play? Is it legal? Is it ethical? How should
unions respond to the challenge such consultants pose?
Possible references:
Deshpande, S. P. (2003). Labor relations strategies and tactics in hospital elections. Health Care Manager,
22, 1, 52-54.
Hindman, H. D. (1998). Determinants of public sector certification election outcomes: Evidence from
18. Analyze variations in union and employer campaign tactics in NLRB-supervised union
certification elections. Do some tactics seem to produce favorable outcomes for the side
that uses them? Support your position.
Possible references:
Bronfenbrenner, K. (1997). The role of union strategies in NLRB certification elections. Industrial &
LaborRelationsReview, 50, 195-212.
19. Write a paper about union decertification elections. What causes attempted
decertification? What role does the employer play? Workers? What factors seem to
determine whether decertification efforts are successful?
Possible references:
Deshpande, S. P. (2003). Decertification Elections in Health Care: Some Recent Evidence. Health Care
Manager, 22, 2, 108-121.
Devinatz, V. G., & Rich, D. P. (1996). Information, disinformation, and union success in certification and
