Labor Relations

Description

Labor Relations: Development, Structure, Process by John Fossum presents the history and development of labor relations, bargaining structures and issues, and the process of negotiations and contract administration. The 11th edition addresses the increasing importance of health care costs, access, legislation, and regulation. Fossum explores the structure and internal politics of union organizations, union organizing and union avoidance, while reflecting and balancing the viewpoints of both labor and management, including economic, institutional, and behavioral perspectives. Title Table of Contents 1 Introduction Contemporary Labor Relations What Unions Do Collective Behavior Group Cohesiveness Class Consciousness External Threat Why Workers Unionize Catalyst for Organization Individuals and Union Organizing Beliefs about Unions Willingness to Vote for Union Representation The Local Community Union Member Beliefs Unions, Their Members, and Decision Making Labor Unions in the “New Normal” Why Has the Labor Movement Been in Decline? Transformation in Industrial Relations Systems What Should Unions Do? Summary and Preview Plan of the Book Key Terms Selected Web Sites 2 The Evolution of American Labor Union Philosophies and Types in the United States Early Unions and the Conspiracy Doctrine Philadelphia Cordwainers Commonwealth v. Hunt Pre–Civil War Unions The Birth of National Unions The National Labor Union The Knights of Labor The American Federation of Labor Labor Unrest The Industrial Workers of the World and the Western Federation of Miners The Boycott Cases Early Legislation Trade Union Success and Apathy World War I The American Plan The End of an Era Industrial Unions The Industrial Union Leadership Organizing the Industrial Workforce Legislation Norris-LaGuardia Act (1932) National Industrial Recovery Act (1933) Wagner Act (National Labor Relations Act, 1935) Employer Intransigence Constitutionality of the Wagner Act Labor Power World War II Reconversion Changing the Balance Taft-Hartley Act The New Production Paradigm Retrenchment and Merger Merger Corruption Landrum-Griffin Act Public Sector Union Growth Federal Executive Orders Civil Service Reform Act Labor in Crisis and Transition Rising Employer Militancy Striker Replacements New Union Leadership Summary Discussion Questions Key Terms Selected Web Sites 3 Employment Law and Federal Agencies Overview Railway Labor Act (1926) Norris-Laguardia Act (1932) Wagner and Taft-Hartley Acts (as Amended) Definitions National Labor Relations Board Unfair Labor Practices Representation Elections Unfair Labor Practice Charges and NLRB Procedures Right-to-Work Laws Religious Objections to Union Membership in Health Care Organizations Federal Mediation and Conciliation Service National Emergency Disputes Suits, Political Action, and Financial Relationships Summary and Overview Landrum-Griffin Act (1959) Bill of Rights for Union Members Reports Required of Unions and Employers Trusteeships Other Federal Laws and Regulations Byrnes Act (1936) Copeland Anti-Kickback Act (1934) Racketeer Influenced and Corrupt Organizations Act (1970) Other Major Employment Laws Effects of Implementation of Laws Federal Departments and Agencies Department of Labor Federal Mediation and Conciliation Service National Mediation Board National Labor Relations Board Pension Benefit Guaranty Corporation Labor Law Reform: A Continuing Controversy Trade Treaties Summary Discussion Questions Key Terms Selected Web Sites 4 Union Structure and Government The Local Union Local Union Democracy Functional Democracy Independent Local Unions National Unions National Union Goals National Union Jurisdictions National Structure National-Local Union Relationship National Union Headquarters Operations National Union Governance and Politics National Unions and Public Policy The AFL-CIO The Change to Win Coalition State and Local Central Bodies Overview of the Union Hierarchy National Union Mergers Union Finances Financial Malfeasance Pension Administration Summary Discussion Questions Key Terms Selected Web Sites 5 Unions: Member and Leader Attitudes, Behaviors, and Political Activities The Individual and the Local Union Joining, Socialization, and Leaving Member Participation Commitment to the Union Local Union Effectiveness and Member Behavior The Individual as a Union Officer Stewards Local Officers National Unions and Their Environment Employment Law and Administration The Economy Globalization and Organized Labor Political Action Lobbying Use of Union Dues for Political Activity Summary Discussion Questions Key Terms Selected Web Sites 6 Union Organizing Campaigns Organizing and Union Effectiveness How Organizing Begins The Framework for Organizing Representation Elections Bargaining-Unit Determination Legal Constraints Jurisdiction of the Organizing Union The Union’s Desired Unit The Employer’s Desired Unit NLRB Policy Other Issues in Unit Determination The Railway Labor Act and Airline Mergers The Organizing Campaign Employer Size and Elections General Organizing Campaign Rules Union Strategy and Tactics Management Strategy and Tactics The Role of the NLRB Election Certifications Setting Aside Elections The Impact of Board Remedies Election Outcomes Other Types of Representation Changes Contextual Characteristics Related to Election Results First Contracts Summary Discussion Questions Key Terms Web Sites Case: GMFC Custom Conveyer Division 7 Union Avoidance: Rationale, Strategies, and Practices Historical Overview Capitalistic and Trade Union Philosophies Employer Resistance before World War II The Corporatist Period Union-Free Employment The Economic Rationale Inflexible Rules Profitability Shareholder Value Company Investment Decisions Industrial Structure Union-Free Approaches Environmental Factors Associated with Union Avoidance Wage Policies Nonwage Policies Employment Security Employee “Voice” Systems Other Innovative Techniques Developing Practices in Nonunion Employee Relations Preventive Programs Management Campaign Tactics in Representation Elections Decertifications Job Structuring Summary Discussion Questions Key Terms Case: Locating the New Recreational Vehicle Plant 8 The Environment for Bargaining The Legal and Political Structure Regulation of Employment Waxing and Waning of Corporatist Approaches in U.S. Labor Relations Public Policy and Industrial Organization Competition and Concentration in Markets Regulation and Deregulation Global Competition Labor Force Demographics and Employer Growth Changes in Consumer Demand Employer Interests Labor as a Derived Demand Labor-Capital Substitution Labor Markets Employee Interests Union Interests Bargaining Power Ability to Continue Operations (or Take a Strike) Union Bargaining Power Bargaining Structures Multiemployer Bargaining Industrywide Bargaining National/Local Bargaining Wide-Area and Multicraft Bargaining Pattern Bargaining Conglomerates and Multinationals Coordinated Bargaining Craft Units within an Employer Centralization and Decentralization in Bargaining Changes in Industrial Bargaining Structures and Outcomes Public Policy and Court Decisions Influence of Bargaining Power and Structure Summary Discussion Questions Key Terms Case: Material Handling Equipment Association Bargaining Group 9 Wage and Benefit Issues in Bargaining Union and Employer Interests Components of Wage Demands Equity Ability to Pay Standard of Living Pay Programs Pay Level Pay Structure Pay Form Pay System Union Effects on Pay Union Effects on Pay Levels Union Effects on Pay Structures and Inequality Union Effects on Pay Form Union Effects on Pay Systems Union Effects on Firm Performance Productivity Organizational Investment and Growth Decisions Profitability and Returns to Shareholders Wage Clauses Found in Contracts Summary Discussion Questions Key Terms Web Sites Case: Health Care Bargaining and the PPACA 10 Nonwage Issues in Bargaining Nonwage Provisions of Current Contracts Union and Management Goals For Nonwage Issues Design of Work Work Design History Hours of Work Federal Wage and Hour Laws Collective Bargaining and Work Schedules Entitlements to and Restrictions on Overtime Shift Assignments and Differentials Alternative Work Schedules Paid Time Off Length of Contracts Union and Management Rights Discipline and Discharge Grievance and Arbitration Strikes and Lockouts Union Security Working Conditions and Safety Seniority and Job Security Layoff Procedures Promotions and Transfers Time Away from Work Effects of Unions on Nonwage Outcomes Union Influences on Hiring Promotions, Transfers, and Turnover Retirement Programs Job Satisfaction Summary Discussion Questions Key Terms Case: GMFC Attitude Survey 11 Contract Negotiations Management Preparation Negotiation Objectives and the Bargaining Team Reviewing the Expiring Contract Preparing Data for Negotiations Identification of Probable Union Demands Costing the Contract Bargaining Books Strike Preparation Strategy and Logistics Union Preparation National-Level Activities Local-Level Preparations Negotiation Requests What Is Bargaining? Behavioral Theories of Labor Negotiations Distributive Bargaining Integrative Bargaining Attitudinal Structuring Intraorganizational Bargaining Bargainers and the Bargaining Environment Attributes of the Parties The Process of Negotiation Perceptions of Bargainers The Roles of the Actors in Negotiations Contract Negotiations Initial Presentations Bargaining on Specific Issues Tactics in Distributive Bargaining Committing to a Position Deadlines Settlements and Ratifications Nonagreement The Bargaining Environment and Outcomes Summary Discussion Questions Key Terms Mock Negotiating Exercise A. Contract Costing B. Approach C. Demands D. Organization for Negotiations E. Negotiations F. Additional Information Agreement between General Manufacturing & Fabrication Company, Central City, Indiana, and Local 384, United Steelworkers of America AFL-CIO 12 Impasses and Their Resolution Impasse Definition Third-Party Involvement Mediation Mediator Behavior and Outcomes Mediator Backgrounds and Training Mediator Activity Fact-Finding Fact-Finding and the Issues Interest Arbitration Review of Third-Party Involvements Strikes Strike Votes and Going Out Picketing Slowdowns Corporate Campaigns Coordinated Campaigns Employer Responses to Strikes Rights of Economic Strikers Evidence on the Incidence, Duration, and Effects of Strikes Boycotts Lockouts Perishable Goods Multiemployer Lockouts Single-Employer Lockouts Bankruptcies Summary Discussion Questions Key Terms Selected Web Sites Case: GMFC Impasse 13 Union-Management Cooperation Labor and Management Roles and the Changing Environment Organizing and the Evolving Bargaining Relationship Preferences of Management and Labor Levels of Cooperation and Control Integrative Bargaining Mutual-Gains Bargaining FMCS Innovations The Use and Effects of Interest-Based Bargaining Creating and Sustaining Cooperation Methods of Cooperation Areawide Labor-Management Committees Joint Labor-Management Committees Workplace Interventions Alternative Governance Forms Union Political Processes and the Diffusion of Change Management Strategy Research on the Effects of Cooperation across Organizations Research on the Long-Term Effects of Cooperation High-Performance Work Organizations Workplace Restructuring The Legality of Cooperation Plans Employee Stock Ownership Plans The Diffusion and Institutionalization of Change Maintaining Union-Management Cooperation in the Face of External Change Summary Discussion Questions Key Terms Selected Web Sites Case: Continuing or Abandoning the Special-Order Fabrication Business 14 Contract Administration The Duty To Bargain Conventional Contract Administration Empowered Work Environments Issues in Contract Administration Discipline Incentives Work Assignments Individual Personnel Assignments Hours of Work Supervisors Doing Production Work Production Standards Working Conditions Subcontracting Outsourcing Past Practice Rules Discrimination Prevalence of Issues Grievance Procedures Steps in the Grievance Procedure Time Involved Methods of Dispute Resolution Project Labor Agreements Grievance Mediation Wildcat Strikes Discipline for Wildcat Strikes Employee and Union Rights in Grievance Processing To What Is the Employee Entitled? Fair Representation Grievances and Bargaining Union Responses to Management Action Fractional Bargaining Union Initiatives in Grievances Individual Union Members and Grievances Effects of Grievances on Employers and Employees Summary Discussion Questions Key Terms Case: New Production Equipment: Greater Efficiency with Less Effort or a Speedup? 15 Grievance Arbitration What Is Arbitration? Development of Arbitration Lincoln Mills Steelworkers’ Trilogy Boys Markets Relaxes Norris-LaGuardia 14 Penn Plaza and Deferral of Statutory Grievances to Arbitration Additional Supreme Court Decisions on Arbitration in Unionized Firms NLRB Deferral to Arbitration Arbitration Procedures Prearbitration Matters Selection of an Arbitrator Sources and Qualifications of Arbitrators Prehearing Hearing Processes Representatives of the Parties Presentation of the Case Posthearing Evidentiary Rules Arbitral Remedies Preparation of the Award Procedural Difficulties and Their Resolutions Expedited Arbitration Inadequate Representation Arbitration of Discipline Cases Role of Discipline Evidence Uses of Punishment Substance Abuse Cases Sexual Harassment Violations Fighting Work-Family Conflicts E-Mail Abuse Arbitration of Past-Practice Disputes Arbitral Decisions and the Role of Arbitration Summary Discussion Questions Key Terms Selected Web Sites Cases Case 1 Case 2 Case 3 Case 4 16 Public Sector Labor Relations Public Sector Labor Law Federal Labor Relations Law State Labor Laws Public Employee Unions Bargaining Rights and Organizing Public Sector Bargaining Processes Bargaining Structures Management Organization for Bargaining Multilateral Bargaining Bargaining Outcomes Union-Management Cooperation Impasse Procedures Fact-Finding Arbitration Strikes Summary Discussion Questions Key Terms Case: Teacher Bargaining at Pleasant Ridge 17 A Survey of Labor Relations in Market Economies The Development of Labor Movements The Structure of Labor Movements Works Councils Globalization Organizing and Representation Bargaining Issues Bargaining Structures Impasses Union-Management Cooperation Contract Administration Public Sector Unionization Comparative Effects of Unionization Summary Discussion Questions Key Terms Glossary Author Index Subject Index