*The Labor Agreement

The Issue of Management Rights

Management Rights Clause

states that managements authority is supreme in all matters except those it

has expressly conceded in the collective agreement, or in those areas where
authority is restricted by law

The following is an example of a clause defining management rights in one labor

agreement:
It is agreed that the company possesses all of the rights, powers, privileges,
and authority it had prior to the execution of this agreement; and nothing in the
agreement shall be construed to limit the company in any way in the exercise of the
regular and customary functions of management and the operation of its business,
except as it may be specifically relinquished or modified herein by an express
provision of this agreement.
Items in a Labor Agreement
Typical clauses will cover:

Wages
Vacations
Holidays
Work Schedules
Management Rights
Union Security
Transfer
Discipline
Training
Grievance procedures
No strike/no lockout
clause
Overtime
Safety procedures
Severance pay
Seniority
Pensions and benefits
Outsourcing
Work rules

Progressive clauses will

cover

Employee access to
records
Limitations on use of
performance evaluation
Elder care leave
Flexible medical
spending accounts
Protection against
hazards of technology
equipments (VDTs)
Limitations against
electronic monitoring
Bilingual stipends
Domestic partnership
benefits
Employee involvement
programs

Union Security Agreements

It is an agreement where an employer and the union agree on the extent to

which the union may compel employees to join the union and how the dues
will be collected.

Types of Shop Agreements

1) Union Shop
Provides that any employee who is not a union member upon employment
must join the union within 30 days or be terminated.
2)

Agency Shop

Provides for voluntary membership.

*Administration of the Labor Agreement

Negotiated Grievance Procedure
Grievance Procedure

It is a formal procedure that provides for the union to represents the interest
of its members and nonmembers in processing a grievance.
It is considered as Heart of Bargaining Agreement
Initiated by union, or an individual employee.
Its operation is unique to each individual collective bargaining relationship,

Bypass Grievance

it is when the supervisor promoted an employee without the seniority's order.

Significant Benefits of Grievance Procedure:

it provides a formal and orderly procedure for the union to challenge the
actions of management without resort to force.

Five-Step Grievance Procedure

ARBITRATION
Step 5
V.P. Industrial
Relations

Department
Manager

Immediate
Supervisor

Immediate
Supervisor

Step 4

30
Workdays
Local Union
President

Step 3

15
ChiefWorkdays
Steward

Step 2

10
UnionWorkdays
Steward

STEP 1

5 Workdays
Grievant

CONTRACT
VIOLATION

The Grievance Procedure in Action

the employees grievance must be expressed orally or In writing to their

immediate supervisor to be considered formally.
Grievance should not be viewed as something to be won or lost.
Satisfactory solution may not be possible at the first step because of:
Legitimate differences of opinion between employee and supervisor.
Supervisor doesnt have the authority to take action to satisfy the
grievant.
Personality conflicts, prejudices, emotionalism, stubbornness, or other
factors.

Grievance Arbitration
Rights Arbitration

It provide the solution to a grievance that a union and an employer have

been unable to resolve by themselves.

Decision to Arbitrate
In deciding whether to use arbitration:

Each party must weigh the cost involved against the importance of the
case and the prospects of gaining a favorable award.

Fair presentation doctrine

A doctrine under which unions have a legal obligation to assist both

members and nonmembers in labor relation matters.

Arbitration Hearing

Have the appearance of a court hearing but without many of the

formalities of a court proceeding.
It begins with the swearing-in of witnesses and the introduction of the
submission agreement.

Submission Agreement
-

It is a statement of the problem to be resolved.

After the introduction, the party will make opening statements, followed
by the presentation of facts and evidence, and the oral presentation of
witnesses.
Conclusion with each side making summary statements that supports
their position.

Primary purpose:

To assist the arbitrator in obtaining the facts necessary to resolve a human

relations problem rather than a legal one.
After conducting the hearing and receiving post-hearing briefs, the arbitrator
has 30 days in which to consider the evidence and render an award. Mostly,
the costs of arbitration are shared equally by the parties.

Arbitration Award

It is a formal written document given to both sides.

It can help lessen the disappointment and protect the self-esteem of those
representing the unsuccessful party
In deciding a case, the arbitrator has the power to modify the outcome
requested by both sides.

5 Parts of Arbitration Awards:

1)
2)
3)
4)
5)

Submission Agreement
Facts of the Case
Position of the Parties
Opinion of the Arbitrator
Decision Rendered

4 Factors when deciding a case:

1) The wording of the labor agreement (or employment policy in nonunion
organizations)
2) The submission agreement as presented to the arbitrator
3) Testimony and evidence offered during the hearing
4) Arbitration criteria or standards against which cases are judged
Decision of an employee discharged for absenteeism

The arbitrator would consider these factors separately or jointly.

The arbitrator, also, are essentially constrained to decide cases on the basis
of the wording of the labor agreement, employment policy, and the facts,
testimony, and evidence presented at the hearing.

Contemporary Challenges to Labor Organizations

Decrease in Union Membership
Reasons for the decline in union membership:

A shift from traditional unionized industries to high technology industries

Growth in the employment of part-time and temporary workers
Growth in small business, in which unionization is more costly and difficult to
perform
Globalization of the workforce particularly among low wage employers

What are labor organizations doing to stem the decline in union

memberships?
-

According to one union official, is energized organizing.

First, unions are targeting workers they have long ignored also they see
immigrants, the fastest-growing segment of working people, as potent
prospects for union growth
Second, the AFL-CIO (American Federation of Labor and Congress of Industrial
Organizations is a national trade union center and the largest federation of
unions in the United States) has embraced an aggressive unionization
strategy.

Globalization and Technological Change

Offshoring
-

It define as the work that was previously carried out in one country is moved
to another country.