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MGT 430 – Spring 2016
Class 20 – Chapter 13
THE ORGANIZING PROCESS
The Labor Relations Process
• Union Organizing
• Union solicitation
• Pre-election conduct
• Certification election
• Employee Free Choice Act
15-2
Union Organizing Processes
1. Solicitation
• Authorization cards signed by at least 30% of the relevant work unit
• Union can demand automatic recognition
• Management typically refuses and demands an election
2. Pre-Election Conduct
a. Vigorous conduct rules
b. T.I.P.S. guidelines for managers
Threat – Intimidation – Promises - Surveillance
Union Election Process
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NLRB supervises the election
Secret ballot
Outcome determined by the participating voters
50% + 1 = union win = based upon those who vote
• Employee Free Choice Act (Card Check)
No secret ballot
Union can be recognized simply by having a majority of employees sign
authorization cards
Failed to pass Congress twice
Collective Bargaining
 Bargaining Behavior
 Must negotiate in “good faith”
 Each side develop and present proposals
 Bargaining Power
Both sides take positions that favor their
goals but leave some room for compromise
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Guidelines for Integrative Bargaining
• Try to understand others’ needs and objectives
• Create a free flow of information
• Emphasize commonalities
• Minimize differences
• Search for solutions that meet all parties’ goals and
objectives
• Develop flexible responses to other proposals
15-7
Impasses in Bargaining
Role of Mediator
Economic Strike
Wildcat Strike
Lockout
Types of Strikes or Other Labor Activities
Wildcat Strike
Strike action undertaken by unionized workers without union leadership's authorization,
support, or approval. Illegal in the US
Picketing
A form of protest in which people (picketers) congregate outside a place of work or
location where an event is taking place. Often, this is done in an attempt to dissuade
others from going in, (i.e. crossing the picket line) but it can also be done to draw public
attention to a cause. Legal in the US.
Lockout
A temporary work stoppage or denial of employment initiated by the management of a
company during a labor dispute. It is usually implemented by simply refusing to admit
employees onto company premises, and may include actions such as changing locks and
hiring security guards for the premises. Legal in the US
15-9
Legal Strikes
• Economic strikes, in which employees attempt to pressure the employer to concede to
their demands for improvements in wages, benefits or work rules;
• Unfair labor practice strikes, in protest of an employer's committing an unfair labor
practice; and
• Sympathy strikes, which occur when employees choose not to cross a primary picket line
out of sympathy for the primary striking employees.
15-10
Illegal Strikes
• Intermittent strikes, involving the constant repetition of short strikes in which the employees attempt to
pressure the employer to concede to their demands while still receiving wages;
• "Work to rule" or slowdown strikes, in which employees fail to perform the duties which the employer has
historically required them to perform (e.g. Blue Flu, explicitly following the rule book);
• In-facility or "sit down" strikes, in which the striking employees take possession of the employer's property
and block others from entering;
• Secondary boycotts, in which the employees picket a neutral employer;
• Violence and mass picketing.
15-11
When Bargaining Breaks Down
Strikes
Strike: a collective decision by union
members not to work until certain
demands or conditions are met.
Alternatives to Strikes
•Mediation
•Fact Finder
•Arbitration
Alternatives to Strikes
Mediation
Fact Finder
• Conflict resolution
procedure in which a
mediator hears views
of both sides and
facilitates negotiation
process but has no
formal authority to
dictate a resolution.
• Third party to
collective bargaining
who reports reasons
for a dispute, views
and arguments of
both sides, and
possibly a
recommended
settlement, which
parties may decline.
Arbitration
• Conflict
resolution
procedure in
which an
arbitrator or
arbitration
board
determines a
binding
settlement.
HRM Role in Labor Relations
Labor Relations Specialist
• Negotiate labor contracts
• Resolve grievances
• Advise TMT on labor strategies
Management
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Can influence work environment
Responsible for implementation of agreements
Needs basic understanding of labor laws
Often asked to serve on grievance committees
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The Impact of Unions on HRM


Staffing – seniority based
Employee Development
 performance appraisals for feedback

Compensation
 Sometimes higher in union shops
 Benefits generally better in union shops
 Prefer across the board raises (COLAs)

Employee Relations
 Union gives employees a voice
15-15
Grievance
• A charge by one or more employees that management has violated their
contractual rights
• Grievance Process
Formal steps that moist be followed to settle disputes between
management and labor