Unions (18/19) Flashcards
What does the NLRA do?
Establishes rights of workers to strike, engage in collective bargaining, established NLRB. Governs union-employer relationships, makes it unlawful to discriminate against an employee based on union support/non (another exception to at-will), establishes ULPs that are unlawful by employer and union ULPs.
What are ULPs for employers?
Interference in union activities (SPIT: Surveillance, Promises, Interrogation, Threats) and discrimination against employees. Cannot terminate, discipline, etc. because of an employee’s union activities.
How is a union formed and selected? How does the election work? Who gets to vote?
Workers sign authorization cards, at least 30% of unit needs to agree to election. Secret ballot election held once 30% or more agree. NLRB facilitates on employer’s site, need 50% +1 votes for win. Key restraint on mgmt is non-discrimination rule (selectively prohibit union solicitation). Each side can pursue objectives but cannot interfere in other’s activities beyond certain limits. Appropriate bargaining unit gets to vote. Must have mutuality of interest among all represented workers, job similarity (working at same site doing similar jobs or working w/employers included in unit). Non-mgmt employees - No supervisor can be part of represented “unit” of employees. Who is/isn’t is big part of litigation.
What happens after a union wins? What must mgmt and the union do and how must they behave?
Get right to be exclusive collective bargaining agent for employees in that unit, CB is process by which mgmt and labor negotiate terms and conditions of employment to reach an agreement/contract. Labor and mgmt must act in good faith, law does not require reached agreement. Union is sole mechanism through an employer that can change employees’ terms and conditions of employment. Employees can’t directly discuss this with supervisors.
What forms of strikes are there? Are all strikes legal?
1) Economic strikes: Over wages. Workers can be replaced by permanent workers. Typically used during no-contract period b/c most Union contracts say that employee’s won’t strike.
2) ULP Strikes: Alleging employer has committed a ULP.
No. Strikes that threaten national health/safety, contravene no-strike clauses.
Employee lockouts may occur.
What are the rights of strikers after a strike ends?
Generally, employer has right to hire permanent employers if employees go out on economic strike. Strikers not guaranteed job upon end of strike, if employer has not hired replacements, must rehire strikers to open positions or when it is ready to hire again, must hire from striker list called “laidlaw list.” Employees can stay on this list for years.
What are the rights of nonunion employees under the NLRB?
Protected Concerted Activity - Action taken by employers for mutual benefit regarding wages, hours or terms/conditions of employment. Generally requires two or more employees acting together to improve wages/working conditions. (Personal gripe not protected). Legitimizes strikes, even by those of non-union employees. (Even employee use of Facebook). Handbook provisions saying you can’t talk to anybody else about your wages are unlawful under PCA protections.
What are the advantages and disadvantages of a union?
CBA could guarantee wage increased, job security. Just cause termination provision with a grievance/arbitration procedure (changes at-will status). Does the “best man” get the job? Are there incentives to work harder? What roadblocks are in store for a company with a union in place?
