44.312
Security Management
home page > Unit 10: Labor Relations
Bargaining relationship (continued)
Even if a company is sold, the union's representation rights
may cover the successor employer, although the successor company
isn't obligated to adopt existing collective-bargaining agreement:
can set its own initial terms and conditions before engaging
in collective-bargaining activities.
A successor company can also issue a "Spruce
Up Announcement," in which it notifies the union and
employees "that their terms and conditions of employment
will be different from those under the prior collective-bargaining
agreement. In essence, what a new employer does is faire all
the existing employees and then notify them that they are now
new job applicants, their their employment will be different
from before, and that the application for employment will be
used if they understand and accept the new conditions and terms
of employment prior to the invitation to accept employment."
However, a new employer's refusal to hire members of the former
employer's unionized work force is considered unlawful discrimination
and union busting.
Security guards'
representation rights under the NLRA
There are some specific
restrictions on security guards' ability to organize. Under Sec.
9(b)(3) of the 1947 Taft-Hartley amendments. "the NLRB is
prohibited from certifying any bargaining unit or union that
has both guard and nonguard employees in its membership. This
section also prohibits the certification of unions that admit
nonguard members or when a union is directly or indirectly affiliated
with a union whose members are nonguards. This means that guards
can belong only to unions that represent only security guards."
Premise for this restriction was the situation during World War II, when plant guards working for military contractors became civilian auxiliaries of the military police. They later tried to unionize, but the employers argued they weren't employees, but part of the military. Employers also argued that if guards belonged to same union as nonguards and there was a strike, guards would have divided loyalties. m
Even though the NLRA prohibits NLRB from certifying guard/nonguard unions, employers can still voluntarily recognize these mixed unions. However, in this case, unions don't enjoy NLRB protections such as election and certification procedures or unit clarification processes. The employers also retain right to withdraw their voluntary recognition during a strike.
Some unions have also been decertified due to trends such as globalization that undermine the union's effectiveness. Process starts with an employee, group of employees or the employer petitioning NLRB for recertification election. Petition must show at least 30% support decertification. If a majority votes against the union, it is decertified.
The
Service Employees International Union (SEIU), one of the few
unions that is still growing, has
specifically targeted security guards, alleging poor pay
and training.
Collective bargaining
both an event -- in which
representatives from union and employer meet and negotiate an
agreement, and a process, in that enforcement and administration
of contract is continuing process for union and employer. In
essence, a continual process.
As we've discussed before, you have much more limited rights in a workplace. Collective bargaining can restore many of these rights.
Some are mandatory (both sides must negotiate these subject) issues, such as wages and benefits, that must be discussed in good faith (purposeful and meaningful dialogues.