CB Notes after prelim_Notes - COLLECTIVE BARGAINING IN...

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Unformatted text preview: COLLECTIVE BARGAINING IN THEPUBLIC SECTOR HISTORICAL ISSUES 1960s and 1970s -- Rapid expansion of state and local government unionization Mid- to late 1970s -- Taxpayers’ revolt 1981 1980s – today Clinton years Bush years -- PATCO strike -- Stability -- Reinventing government - National Partnership Council -- Efforts to weaken federal unions LEGAL REGULATION Federal Labor Relations Act State and Local Laws -- trends -- coverage: state employees, local employees, public safety, education, supervisors -- strike limits DIFFERENCES BETWEEN PUBLIC SECTOR COLLECTIVE BARGAINING ANDPRIVATE SECTOR COLLECTIVE BARGAINING Role of Politics Employer Response to Unionization Employer Approach to Collective Bargaining Multilateral Bargaining Decentralization- State government, Local government, Education, Public safety Pattern Bargaining DISPUTE RESOLUTION Mediation Fact-Finding -- with or without recommendations Advisory Arbitration Binding Arbitration -- may be subject to legislative approval Limited Right to Strike RELATED LABOR RELATIONS ISSUES The impact of arbitration on negotiations Participatory programs and work restructuring The impact of privatization initiatives UNION ORGANIZING Functional Level Union Organizing Structures NLRB PROCESS Union Authorization Cards/Petition - 30%+ - petition, 50%+ - voluntary recognition, 70%+ - union 50%+ 70%+ objective objective NLRB – Appropriate Bargaining Unit NLRB Election Date Set -Formal Campaign Begins Election – 50%+ 1 wins CB for First Contract, 60%+ reach agreement 60%+ WHY DO WORKERS UNIONIZE? Potential Economic Gain Protection from Arbitrary Treatment Protection Treatment Improved Working Conditions Job Security Voice Collective Values WHY DO WORKERS OPPOSE UNIONS? WHY UNIONS? Individual Values Good Relations with Supervisor Satisfied with Pay/Benefits Want to Avoid Conflict Believe that Employer is Strongly Opposed Believe Opposed Fear/Risk Averse FACTORS ASSOCIATED WITH UNION SUPPORT FACTORS UNION Local Unionization Rate – High Work Environment – Poor Wages/Benefits – Low Familiarity with Successful Labor-Management Relations Familiarity Labor-Management Successful/Popular Strikes MANAGEMENT FRAMEWORK Union Substitution * Competitive Wages/Benefits * Stable Employment * Training Opportunities * Internal Communication System * Employee Participation * ADR ADR MANAGEMENT FRAMEWORK MANAGEMENT Union Suppression Union * Low Relative Wages (more likely) Low likely) * Insecure Employment * Limited Upward Mobility * Authoritarian Management * Minimal Tolerance for Complaints Minimal Complaints MANAGEMENT CAMPAIGN Legal Advice/Anti-Union Consultants Direct Communication from Company CEO-Plant Manager Captive Audience Meetings Supervisor Training Supervisor One-on-One Meetings with employees Rewards/Threats Discipline/Discharge Union Activists UNION CAMPAIGN (1) Target Selection * Hot Shop * Geographic * Corporation * Industry Organizational Issues * Structure * Staffing * Budget UNION CAMPAIGN (2) Organizing Process * Assessment * Staffing-Paid, Volunteers * Identify Issues * Recruit Internal Organizing Committee Recruit Committee * One-on-One Contact One-on-One * Actions * Blitz NON-NLRB BARGAINING Bargaining to Organize Corporate Campaign Political Leverage Employer Neutrality * Access to Workers * Expedited Elections * Limits on Employer Campaign * Card Check ARTS AND ENTERTAINMENT UNIONS ARTS UNIONS Performers- Actors Equity. AFM, AFTRA, SAG, AGMA, AGVA Other Professional – DGA, WGA, WGA-E Craft Unions - IATSE, NABET (CWA), IBEW, Teamsters SCREENWRITERS STRIKE SCREENWRITERS Unions: WGA-West (initiated strike), WGA-East joined Unions: WGA-East Issues: Compensation formula, DVD sales, residuals for internet programming Issues: programming REACTIONS OF OTHER ENTERTAINMENT UNIONS REACTIONS ENTERTAINMENT Support: AFTRA, SAG - members concerned about same issues about Criticism: IATSE, President Thomas Short - 50,000 members impacted by strike Criticism: impacted BROADWAY STAGEHANDS STRIKE Union: IATSE Local One Issues: work rules, job protections Support: AEA, AFM SPORTS UNIONS Jockey Guild, MLBPA, NBAPA, NFLPA, NHLPA, NBA Referees Assoc.,NFL Referees Assoc.,NHL Officials Assoc..World Umpires Assoc. Officials SPORTS INDUSTRY COLLECTIVE BARGAINING SPORTS COLLECTIVE Professional Sports Leagues and Teams Professional Teams - strong market control - licensed monopolies - tax breaks, subsidies - control over allocation of players players SPORTS INDUSTRYCOLLECTIVE BARGAINING Unions - Players unions have exercised leverage Players leverage for 20+ years - Key collective bargaining issues: limits Key issues: on draft, free agency provisions, minimum salaries minimum - Role of agents, individual bargaining Role bargaining - Officials unions weaker, limited leverage Officials leverage SPORTS INDUSTRYCOLLECTIVE BARGAINING Baseball Bargaining issues - draft - free agency/salary arbitration - sharing of revenue - balance between big market and small balance market teams market - 1994 players’ strike - players enjoy strong free agency SPORTS INDUSTRYCOLLECTIVE BARGAINING Basketball Bargaining issues - sharing of defined revenues [players’ salaries 55% of revenues] [players’ - salary cap 1998-99 lockout Relative parity in collective bargaining power Relative power SPORTS INDUSTRYCOLLECTIVE BARGAINING Football Bargaining issues - free agency - salary cap salary Strikes in 1982, 1987 Relatively cooperative labor relations SPORTS INDUSTRYCOLLECTIVE BARGAINING Hockey Bargaining issues - “cost certainty” for teams - sharing of revenue - team salary caps - parity between big market and small market parity market teams teams - free agency 1994-95 and 2004-05 lockouts NHL prevailed in establishing cost certainty, salary cap NHL salary COMPARATIVE INDUSTRIAL RELATIONS COMPARATIVE RELATIONS COMPARATIVE INDUSTRIAL RELATIONS COMPARATIVE RELATIONS Germany * Codetermination - board representation - works councils * Collective bargaining COMPARATIVE INDUSTRIAL RELATIONS COMPARATIVE RELATIONS Japan * Enterprise unionism * Lifetime employment * Seniority based pay * Consultation/informal dispute resolution Consultation/informal resolution COMPARATIVE INDUSTRIAL RELATIONS COMPARATIVE RELATIONS European Union * Economic integration * Works councils/social dialogue * Harmonization of labor standards COMPARATIVE INDUSTRIAL RELATIONS COMPARATIVE RELATIONS Multinational Firms * Institutional and legal diversity Institutional * Centralized decentralization * Employers’ strategic advantage for industrial Employers’ industrial relations relations * Multinational unionism? COMPARATIVE INDUSTRIAL RELATIONS COMPARATIVE RELATIONS Other Issues * International Trade Pacts * NAFTA/CAFTA * International Labor Rights Movement International Movement - labor rights as human rights FUTURE OF COLLECTIVE BARGAINING IN THE U.S. FUTURE COLLECTIVE FUTURE OF COLLECTIVE BARGAINING IN THE U.S. FUTURE BARGAINING COMPONENTS OF NATIONAL COMPONENTS LABOR POLICY LABOR A. Economic and Social Policies - monetary and fiscal - trade - immigration - regulation of business - welfare FUTURE OF COLLECTIVE BARGAINING IN THE U.S. FUTURE BARGAINING B. Labor Relations Policies - Railway Labor Act - Norris LaGuardia Act - NLRA/Wagner - LMRA/Taft-Hartley - LMRDA/Landrum Griffin - Federal Labor Relations Act - State collective bargaining laws FUTURE OF COLLECTIVE BARGAININGIN THE U.S. FUTURE BARGAININGIN C. Employment and Human Resources Policies C. Policies - Fair Labor Standards - EEO - OSHA OSHA - ERISA - Unemployment Insurance - Social Security - Workers’ Compensation - FMLA - ADA DUNLOP COMMISSION RECOMMENDATIONS DUNLOP RECOMMENDATIONS Promote Employee Involvement Facilitate Union Organizing - speedy elections - increase union access - limits on employer/union campaigns - first contract arbitration Encourage Alternative Dispute Resolution in Encourage in non-union workplaces Address issues of contingent workers, independent contractors Address independent ALTERNTIVE DIRECTIONS FOR FUTURE LABOR POLICY ALTERNTIVE FUTURE Continued/Expanded Deregulation Reforms within current system of labor relations Reforms labor New Industrial Relations System - high road economic development high development - modern HRM - high wage/high skill - focus on training - employee involvement - new forms of representation ROLE OF POWER AND PROFITS New Systems of Work in Knowledge-Based Industries New Industries Partnerships in some established bargaining relationships Partnerships relationships Key to high road options: equal power Shifting political power will influence labor policy modifications Shifting modifications Adversarial relationships will persist in some settings Adversarial settings Unions may experiment with new forms of representation Unions representation ...
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