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Human Resource Management
Chapter 14
Collective Bargaining and Labor Relations
Our Team
Dr.Nova Mardiana,S.E.,M.M.
Lecture
Gustri Ray Kamandanu
Student
1711011012
Ardian Fauzan
Student
171101106
Arpan Maulana
Student
1711011056
Learning Objectives
1 Describe collective bargaining and labor relations.
2
Identify labor relations, goals of management, labor unions and
society.
3 Explain legal environment's impact on labor relations
4
Describe major labor-management interactions: organizing,
contract negotiations and contract administration.
Learning Objectives
5 Describe new, less adversarial approaches to labor-management
relations.
.
6
Explain how changes in competitive challenges are influencing
labor-management interactions.
7 Explain how labor relations in the public and private sectors
differ
8
Labor Relations Framework
4 Elements of John Dunlop’s Labor Relations System
Environmental
Context
Web of Rules
Ideology
Participants
B D
C
A
 Society
 Labor unions' major benefit to society has been balancing power and
institutionalization of industrial conflict in the least costly way.
 National Labor Relations Act (NLRA, 1935) provides a legal framework
conducive to collective bargaining.
 Management
 decides to encourage or discourage unionization.
 Labor Unions
 seek to give workers through collective action formal and independent voice
in setting employment terms and conditions.
Goals&Strategies
Union Structure, Administration & Membership
 National and International Unions
 Craft unions
 Industrial unions
 Local Unions
 Responsible for contract negotiations and day-to-
day contract administration, including grievance
procedure.
 AFL-CIO
 Not a union but rather an association that advance
s its shared interest of its member unions at the
national level.
Check off
Provision
Right-to-
Work Laws
Closed
Shop
Maintenance
of Membership
Union
Shop
Agency
Shop
Union Security
Reasons for Decline
in U.S. Union Membership
Legal Framework
 Wagner Act of 1935 (NLRA) enshrined collective bargaining as
the preferred mechanism for settling labor-management disputes.
 Section 7 of the NLRA: employees have the
"right to self-organization, to form, join, or assist labor organizations
, to bargain collectively through representatives of their own
choosing and to engage in other concerted activities for the
purpose of collective bargaining."
Unfair Labor Practices (ULPs)
 NLRA prohibits certain activities by both employers
and labor unions.
 Employers cannot:
 interfere with, restrain, or coerce employees in exercising
their Section 7 rights.
 dominate or interfere with a union.
 discriminate against an individual for exercising his or her
right to join or assist a union.
 discriminate against employees for providing testimony
relevant to enforcement of the NLRA.
 refuse to bargain collectively with a certified union.
1947 Taft-Hartley Act
• Outlawed unfair labor union practices
1959 Landrum-Griffin Act
• Regulate union’s actions and internal
affairs(financial disclosure and conduct of
elections)
Unfair Labor Practices - Unions
Enforcement
 National Labor Relations Board (NLRB) enforces NLRA
.
 NLRB is a five-member board appointed by the president with 33
regional offices.
 NLRB’s 2 Major Functions:
1. conduct and certify representation elections.
2. prevent unfair labor practices.
 ULP charges are filed at and investigated by the regional offices.
Process &Legal Framework of Organizing
 An election may be held if at least 30%of employees in the bargaining unit sign
authorization cards.
 Secret ballot election will be held. The union is certified by NLRB if a simple majority
of employees vote for it.
 Decertification election may be held if no other election has been held within the year
or if no contract is in force.
 Certain categories of employees cannot be included in bargaining units- agricultural
laborers, independent contractors, supervisors, and managers.
 The Employee Free Choice Act- pending
Organizing Campaigns
NLRB may set aside election results if
the employer created an atmosphere of
confusion or fear of reprisals.01
Associate union membership- union
receives dues in exchange for services
but does not provide representation in
collective bargaining.
02
Corporate campaigns bring public, fin
ancial or political pressure on employer
s during the organizing and negotiating
process.
03
Union and Management Interactions:
Negotiation Process
Distributive
Bargaining
- Win/Lose
Intraorganizational
Bargaining
-Conflicting Objectives
-Different Factions
Integrative
Bargaining
- Win/Win
Attitudinal
Structuring
- Relationship&Trust
Negotiation Stages and Tactics
Negotiation Stages and Tactics
 Early stages may include many individuals, as union proposals are
presented.
 Middle stages, each side makes decisions regarding priorities, their
s and the other parties'.
 Final stage, momentum may build toward settlement or pressure
may build as impasse becomes more apparent. May involve
interaction with negotiators or facilitators.
Management’s Willingness to
Take a Strike
 7 Factors If Management Is Able To Take a Strike:
1. Product Demand
2. Product Perishability
3. Technology
4. Availability of Replacement Workers
5. Multiple Production Sites and Staggered
Contracts
6. Integrated Facilities
7. Lack of Substitutes for Product
Alternatives to Strikes
 Mediation - Has no formal authority to force a s
olution; acts as a facilitator for parties.
 Fact finder - Investigates and reports on reason
s for dispute and both sides' positions.
 Arbitration -process through which a neutral pa
rty makes a final and binding decision.
Grievance Procedure
 Negotiation process occurs every three years.
 Negotiation and administration processes are linked.
 Effectiveness of grievance procedures may be judged
on three criteria:
1. How well are day-to-day problems resolved?
2. How well does the process adjust to changing
circumstances?
3. In multi-unit contracts, how well does the process
handle local contract issues?
 Duty of Fair Representation
Grievance Procedure
 Arbitration is a final and binding step.
 Criteria arbitrators used to reach decisions include:
1. Did the employee know the rule and the consequences of violating
it?
2. Was the rule applied in a consistent and predictable way?
3. Were the facts collected in a fair and systematic way?
4. Did the employee have the right to question the facts and present
a defense?
5. Does the employee have the right of appeal?
6. Is there progressive discipline?
7. Are there mitigating circumstances?
Labor Relations Outcomes
• Strikes- impose significant costs on union members,
employers, and society.
 Wages and Benefits
 In 2008, private-sector unionized workers received
21% higher wages that nonunion counterparts.
 Total compensation was 40 % higher for union-covered
employees because of unions’ effect on benefits.
 Productivity effects of unions is debated.
 Union workers are more productive than nonunion workers
although the explanation is unclear.
 Profits and Stock Performance- may suffer under
unionization if costs are raised.
International Context
 Except for China, Russia and Ukraine, U.S. has more union members than
any other country.
 Growing globalization of markets will continue to put pressure on labor costs
and productivity.
 U.S. differs from W. Europe in formal worker participation in decision-making.
1 2008 some 36.8 % of government employees were union
members.
2
Strikes are illegal at the federal level and in many states for
government workers.
3
In 2008, 3 of 15 major work stoppages were
in the public sector.
Public Sector
Thank you

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Human Resource Management Chapter 14 : Collective Bargaining and Labor Relations

  • 1. Human Resource Management Chapter 14 Collective Bargaining and Labor Relations
  • 2. Our Team Dr.Nova Mardiana,S.E.,M.M. Lecture Gustri Ray Kamandanu Student 1711011012 Ardian Fauzan Student 171101106 Arpan Maulana Student 1711011056
  • 3. Learning Objectives 1 Describe collective bargaining and labor relations. 2 Identify labor relations, goals of management, labor unions and society. 3 Explain legal environment's impact on labor relations 4 Describe major labor-management interactions: organizing, contract negotiations and contract administration.
  • 4. Learning Objectives 5 Describe new, less adversarial approaches to labor-management relations. . 6 Explain how changes in competitive challenges are influencing labor-management interactions. 7 Explain how labor relations in the public and private sectors differ 8
  • 5. Labor Relations Framework 4 Elements of John Dunlop’s Labor Relations System Environmental Context Web of Rules Ideology Participants B D C A
  • 6.  Society  Labor unions' major benefit to society has been balancing power and institutionalization of industrial conflict in the least costly way.  National Labor Relations Act (NLRA, 1935) provides a legal framework conducive to collective bargaining.  Management  decides to encourage or discourage unionization.  Labor Unions  seek to give workers through collective action formal and independent voice in setting employment terms and conditions. Goals&Strategies
  • 7. Union Structure, Administration & Membership  National and International Unions  Craft unions  Industrial unions  Local Unions  Responsible for contract negotiations and day-to- day contract administration, including grievance procedure.  AFL-CIO  Not a union but rather an association that advance s its shared interest of its member unions at the national level.
  • 8. Check off Provision Right-to- Work Laws Closed Shop Maintenance of Membership Union Shop Agency Shop Union Security
  • 9. Reasons for Decline in U.S. Union Membership
  • 10. Legal Framework  Wagner Act of 1935 (NLRA) enshrined collective bargaining as the preferred mechanism for settling labor-management disputes.  Section 7 of the NLRA: employees have the "right to self-organization, to form, join, or assist labor organizations , to bargain collectively through representatives of their own choosing and to engage in other concerted activities for the purpose of collective bargaining."
  • 11. Unfair Labor Practices (ULPs)  NLRA prohibits certain activities by both employers and labor unions.  Employers cannot:  interfere with, restrain, or coerce employees in exercising their Section 7 rights.  dominate or interfere with a union.  discriminate against an individual for exercising his or her right to join or assist a union.  discriminate against employees for providing testimony relevant to enforcement of the NLRA.  refuse to bargain collectively with a certified union.
  • 12. 1947 Taft-Hartley Act • Outlawed unfair labor union practices 1959 Landrum-Griffin Act • Regulate union’s actions and internal affairs(financial disclosure and conduct of elections) Unfair Labor Practices - Unions
  • 13. Enforcement  National Labor Relations Board (NLRB) enforces NLRA .  NLRB is a five-member board appointed by the president with 33 regional offices.  NLRB’s 2 Major Functions: 1. conduct and certify representation elections. 2. prevent unfair labor practices.  ULP charges are filed at and investigated by the regional offices.
  • 14. Process &Legal Framework of Organizing  An election may be held if at least 30%of employees in the bargaining unit sign authorization cards.  Secret ballot election will be held. The union is certified by NLRB if a simple majority of employees vote for it.  Decertification election may be held if no other election has been held within the year or if no contract is in force.  Certain categories of employees cannot be included in bargaining units- agricultural laborers, independent contractors, supervisors, and managers.  The Employee Free Choice Act- pending
  • 15. Organizing Campaigns NLRB may set aside election results if the employer created an atmosphere of confusion or fear of reprisals.01 Associate union membership- union receives dues in exchange for services but does not provide representation in collective bargaining. 02 Corporate campaigns bring public, fin ancial or political pressure on employer s during the organizing and negotiating process. 03
  • 16. Union and Management Interactions: Negotiation Process Distributive Bargaining - Win/Lose Intraorganizational Bargaining -Conflicting Objectives -Different Factions Integrative Bargaining - Win/Win Attitudinal Structuring - Relationship&Trust
  • 18. Negotiation Stages and Tactics  Early stages may include many individuals, as union proposals are presented.  Middle stages, each side makes decisions regarding priorities, their s and the other parties'.  Final stage, momentum may build toward settlement or pressure may build as impasse becomes more apparent. May involve interaction with negotiators or facilitators.
  • 19. Management’s Willingness to Take a Strike  7 Factors If Management Is Able To Take a Strike: 1. Product Demand 2. Product Perishability 3. Technology 4. Availability of Replacement Workers 5. Multiple Production Sites and Staggered Contracts 6. Integrated Facilities 7. Lack of Substitutes for Product
  • 20. Alternatives to Strikes  Mediation - Has no formal authority to force a s olution; acts as a facilitator for parties.  Fact finder - Investigates and reports on reason s for dispute and both sides' positions.  Arbitration -process through which a neutral pa rty makes a final and binding decision.
  • 21. Grievance Procedure  Negotiation process occurs every three years.  Negotiation and administration processes are linked.  Effectiveness of grievance procedures may be judged on three criteria: 1. How well are day-to-day problems resolved? 2. How well does the process adjust to changing circumstances? 3. In multi-unit contracts, how well does the process handle local contract issues?  Duty of Fair Representation
  • 22. Grievance Procedure  Arbitration is a final and binding step.  Criteria arbitrators used to reach decisions include: 1. Did the employee know the rule and the consequences of violating it? 2. Was the rule applied in a consistent and predictable way? 3. Were the facts collected in a fair and systematic way? 4. Did the employee have the right to question the facts and present a defense? 5. Does the employee have the right of appeal? 6. Is there progressive discipline? 7. Are there mitigating circumstances?
  • 23. Labor Relations Outcomes • Strikes- impose significant costs on union members, employers, and society.  Wages and Benefits  In 2008, private-sector unionized workers received 21% higher wages that nonunion counterparts.  Total compensation was 40 % higher for union-covered employees because of unions’ effect on benefits.  Productivity effects of unions is debated.  Union workers are more productive than nonunion workers although the explanation is unclear.  Profits and Stock Performance- may suffer under unionization if costs are raised.
  • 24. International Context  Except for China, Russia and Ukraine, U.S. has more union members than any other country.  Growing globalization of markets will continue to put pressure on labor costs and productivity.  U.S. differs from W. Europe in formal worker participation in decision-making.
  • 25. 1 2008 some 36.8 % of government employees were union members. 2 Strikes are illegal at the federal level and in many states for government workers. 3 In 2008, 3 of 15 major work stoppages were in the public sector. Public Sector