1 LABOR MANAGEMENT RELATIONS Human Resource Management College of

1 LABOR MANAGEMENT RELATIONS Human Resource Management College of Public and Community Service University of Massachusetts at Boston 2008 William Holmes

2 LABOR MANAGEMENT RELATIONS OVERVIEW Labor Rights Management Rights Labor Obligations Management Obligations Creating Good Labor Relations

3 LABOR RIGHTS Wagner Act—Right to Organize Landrum-Griffin Act—Right of Construction to Closed Shop Taft-Hartley Act—Right to Decertify

4 LABOR OBLIGATIONS Taft Hartley Act—no closed shop National Labor Relations Act— No Secondary Strikes State “Right to Work” Acts Free Speech for All Employees

5 EXAMPLES OF UNFAIR LABOR PRACTICE Obstruct Management of Nonunion Employees Obstruct Alternative Union Organizing Punish Union Members from Complaining About Union Refuse to Consult or Negotiate in Good Faith Engaging in Secondary Boycotts Engaging in Featherbedding

6 MANAGEMENT RIGHTS Taft Hartley Act—Speak Against Unions No Closed Ship National Labor Relations Act— Requires Elections for Certification Use of Right to Work Laws

7 MANAGEMENT OBLIGATIONS Wagner Act National Labor Relations Act State “Closed Shop” or “Union Shop” Acts Other Acts

8 UNFAIR MANAGEMENT PRACTICE Obstruct Labor Rights Obstruct or Promote Union Membership Sponsor or Favor One Union Over Another Discipline or Impair Employees that File Grievances, Complaints, or Testimony Refuse to Consult or Negotiate in Good Faith Enforce Rules Conflicting with Agreements if Agreements Precede Rules

9 EXAMPLES OF UNFAIR MANAGEMENT PRACTICE Punishing employee filing grievance Firing employee organizing a union Threatening prohibited punishments Changing working conditions without bargaining Refusing mediation or arbitration when required by contract Excluding union reps from “formal discussions”

10 LEGAL LIMITATIONS Employees at Will Implied Contracts Explicit Contracts Statutory Exceptions Constitutional Exceptions

11 INDICATIONS OF GOOD LABOR RELATIONS: 1 Impact of union on mission is neutral or positive Employees don’t project us/them image Changes are not made as “last resort” Direct and indirect costs required by contract are kept small

12 INDICATIONS OF GOOD LABOR RELATIONS: 2 Management looks for suggestions from union Negotiated management rules are not cumbersome Grievance to Arbitration ratio is high Amount of litigation is low