Unit 5.8 - Union Unfair Labor Practices & Strikes

Question 1

What is featherbedding?

Answer 1

Featherbedding is the practice of hiring more workers than are needed to perform a given job, or to adopt work procedures which appear pointless, complex and time consuming merely to employ additional workers.

The term “make-work” is sometimes used as a synonym for featherbedding.

Question 2

What is “good-faith bargaining”?

Answer 2

Both parties required to engage in good-faith bargaining, or they will be guilty of an unfair labor practice.

Included in the Taft-Hartley Act

Question 3

Strikes vs. lockouts

Answer 3

Strikes:
When a group of employees refuses to work

TYPES:

• Economic strike
• Result of impasse over terms and conditions of employment
• Strikers may be temporarily or
  permanently replaced
• Unfair labor practices strike
• Protesting an unfair labor practice
• May be temporarily replaced (in an ULP case; not economic)

Lockout:
When an employer refuses to allow
employees to work

CONSEQUENCES
* Replacement workers may be hired * Only permissible as a result of impasse over terms and conditions of employment

Question 4

What are illegal strikes or picketing?

Answer 4

• Wildcat strikes are illegal (not sanctioned by anyone); the strikers may be fired.
• Jurisdictional strikes (two unions are fighting for recognition of official representation of employees) are illegal.
• Certification strikes (people are challenging rightful recognition after union didn’t win certification) are illegal.
• Picket lines that are violent or threaten violence are illegal.
• Mass picketing is illegal if it blocks the way of those trying to enter or exit the company, disrupts traffic, or is threatening and unruly.
• Employees who wish to cross the picket line cannot be prevented from doing so.

Secondary boycott - boycotting one employer in order to put pressure on another

Common situs picketing - picketing a single employer that shares a common location with another employer or employers; unions must put signs up to clarify which company (separate/reserve gate doctrine - choosing a single, specific entrance to contain the picketers)

Question 5

Explain the strike preparation for union vs. company

Answer 5

UNION:
* Call for a strike vote
* Educate strikers on code of conduct

COMPANY:
* Notify vendors and clients
* Prepare a strike memo
* Safety and security training
* Establish a communication funnel
* Notify unemployment office
* Pay outstanding earnings
* Provide protection for replacement
workers