Labor-Management Relations Legislation

  • Wagner Act (National Labor Relations Act--NLRA): 1935
  • Taft-Hartley Act (Labor-Management Relations Act): 1947
  • Landrum-Griffin Act (Labor-Management Reporting and Disclosure Act): 1959

    • Wagner Act (NLRA)

  • Most significant legislation on labor-management relations.
  • Beginning of unionization & collective bargaining
  • Placed protection of federal government behind employee efforts to organize and bargain collectively through representatives of their choice
  • Prohibits management from:
  • interfering employees who wish to join a union
  • discriminating against those who do join
  • requires employers & union members to bargain collectively

    • National Labor Relations Board

  • Established by NLRA
  • Steps in claims of unfair labor practices
  • private party files a charge
  • regional office investigates and decides whether to proceed
  • if regional director issues a complaint, attorney from that region will prosecute the case
  • if regional director issues a complaint, attorney from that region will prosecute the case
  • if case not settled, hearing with staff attorney from NLRA
  • judge hands down a recommended decision and order

    • Taft-Hartley Act

  • Enacted to offset power unions had acquired
  • Provisions prohibit/outlaw:
  • unions from coercing employees to join
  • "union shop" and "closed shop"
  • requires unions to participate in collective bargaining
  • 1974: Congress extended coverage to private non-profit hospitals & nursing homes.

    • Definitions

  • Union shop: employees must become a union member to retain a job
  • Closed shop: employees must be a union member
  • Open shop: employees have option of whether or not to join union. All employees benefit from union.
  • Right to work: closed shops are illegal

    • Unionization begins by:

  • Union members passing out "authorization cards"
  • If 30% of eligible employees complete cards, management must accept an election, which is supervised by a NLR board.
  • Election outcome based on number of employees voting
  • Majority of this group determines whether or not union comes in

    • Landrum-Griffin Act

  • Taft-Hartley did not address labor racketeering.
  • Contains a bill of rights for individual union members.
  • Requires certain financial disclosures by unions--specifies reporting system.
  • Prescribes election procedures for union officers.
  • Provides civil and criminal remedies for financial abuses by union officers.

    • How Unions Affect Management

  • Hinder decision making
  • Contract costs damage competitive ability
  • Frequency of grievances
  • Reduced employee incentive
  • Seniority
  • promotions, vacations, etc. are determined by seniority only
  • Lengthy vacancies
  • all job openings must be posted six weeks before advertising outside
  • New policies/procedures must be accepted by union
  • Specific duties
  • Everyone has specific duties and can only do those duties

    • Ways a Union may Affect an Employee

  • Cost of membership
  • Financial support of striking members--nonstriking members are expected to contribute
  • Equalizer
  • Workers can be replaced if striking
  • Union is between supervisor and employees

    • Avoiding Unionization

  • Recognize human needs!!

    • Major bargaining issues usually fall into these areas:

  • Economic issues
  • Job security
  • Working conditions
  • Management rights
  • Individual rights