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home page > Unit 10: Labor Relations
Successful unions
Successful unions need
to have extensive networks that increase their clout, and to
be politically effective.
Successful unions can:
- access information, data, etc. to be able to accurately represent workers' concerns
- educate and mobilize memberships
- access decision making in a variety of different situations, from informal contact in the workplace to formal labor-management committees
- balance cooperation and conflict.
Organizing strategies
The more "latent
demand" for union services, i.e., the greater workers' dissatisfaction,
the more successful unions can be.
A group of individuals can approach a union and ask it to help them organize, or union may take the initiative.
Unions may choose not to pursue a campaign against a given company depending on factors such as degree of workers' interest in unionizing, number of workers who may become members, and degree of resistance they may encounter.
Strategies can include: generating media coverage, soliciting employees outside workplace, getting an organizer hired as an employee, organizational picketing,
NLRA says
that it is an unfair labor practice for employers to interfere
with workers' right to self-organization. However, at same time,
unions are limited in campaign activities: employers can set
rules about solicitation and distribution of union materials
during work hours. Can prohibit discussions except during scheduled
breaks and lunch periods. They can restrict solicitation and
distribution by non-employees -- especially if organizers can
"reasonably access" employees off company property,
in which case employers don't have to allow them on property.
Can prohibit distribution of union literature on property, or
by e-mail, since the email is private property.
Bargaining relationship
NLRA requires employer
to bargain with employee reps. have' shown convincing evidence
they have majority support of employees.
3 ways to become representative of a bargaining unit:
- voluntary recognition by the company.
- through a NLRB-conducted election, via a secret ballot
to have an election, the union must show it has support of at least 30% of workers. Members of unit must submit authorization cards stating they want that union to represent them. NLRB must also determine what the appropriate bargaining unit is -- this determines how many workers are eligible to vote. "Community of interest" standard is used to decide this: employees with similar jobs or responsibilities can be reasonably grouped together to for bargaining unit. This means that a company could have several bargaining units, and have to deal with several unions.
Employer can contest the bargaining unit.
If there is a bargaining unit determined, there's secret election. If a union (there can be multiple ones on ballot) gets a majority vote, it is designated as the employees' exclusive bargaining representative, and is certified by the NLRB. - Final way is if NLRB recognizes a particular union as bargaining agent without election: this happens when union proves to NLRB that employer has committed unfair labor practices that would make fare election unlikely.