ManagementRightsandUnionSecurity - Management Rights and...

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Unformatted text preview: Management Rights and Union Security ILRCB 205 Theories of Management Rights Managers want to protect their authority to manage the enterprise Two conflicting philosophies of management rights: "Reserved Rights" or "Residual Rights" Doctrine If an issue is not expressly covered by the collective bargaining agreement, management retains the right to take action. Some proponents of this theory hold that a management rights clause is unnecessary: any issue not covered by the contract is assumed to be a management prerogative. ILRCB 205 Theories of Management Rights "Trusteeship" Theory management acts as the representative or "trustee" of multiple "stakeholders" or "interest groups" management seeks an equitable balance of the stakeholders' possibly competing interests. ILRCB 205 Limitations on Management Rights Statues Consider: "employment-at-will" Collective Bargaining Agreement Scope of management rights clause Arbitration clause & grievance procedure Arbitration cases and awards ILRCB 205 What Rights Does Management Really Have? Normally considered a management right The Gray Area Technological Advancements Overtime Right to Subcontract Assign Work Outside of Bargaining Unit Promotion (Seniority?) Demotion Discharge and Discipline Drug & Alcohol Testing Normally considered within the scope of bargaining Products to be manufactured Location of the business Financial Policies Direct Working Forces Hire Employees Production Standards Quality Standards Plant Rules Wages Benefits Hours Working Conditions ILRCB 205 Summary The "rule" of the shop is that you obey a management directive, even if you believe it is a contract violation, and then grieve. Unions have challenged virtually every "right" claimed by management. The grievance procedure and arbitration give the union the means to challenge management's initiatives. ILRCB 205 Union Security ILRCB 205 Forms of Union Security Recognition the basic form of union security Due Checkoff can it be "automatic"? ILRCB 205 Forms of Union Security Open Shop Closed Shop Taft-Hartley provisions Preferential Hiring Pre-Hire Agreements Legal? Illegal? Ex. Construction Industry ILRCB 205 Forms of Union Security Union Shop Questions: What is it? Should employees be required to join the union? What does union "membership" really mean? What is a Right-to-Work Law? Are Right-to-Work Laws a good idea? ILRCB 205 Section 14(b) of Taft-Hartley "Nothing in this Act shall be construed as authorizing the execution or application of agreements requiring membership in a labor organization as a condition of employment in any State or Territory in which such execution or application is prohibited by State or Territorial law." An example of Congress favoring states' rights ILRCB 205 Forms of Union Security Agency Shop Questions: What is it? Should all members of the bargaining unit be required to pay union dues? Does it matter how the union uses its dues revenue? ILRCB 205 Forms of Union Security Maintenance of Membership Questions: What is it? Is it a stable form of union security? ILRCB 205 Critical Issues in Union Security Individual v. collective rights Does the type of union security effect the relative bargaining power of the parties? Is it only a symbol or is it truly a substantive issue? ILRCB 205 ...
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This note was uploaded on 12/14/2007 for the course ILRCB 2050 taught by Professor Givanr during the Fall '06 term at Cornell University (Engineering School).

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