November 14, 2011

What is Union? A union is a formal association of employees that promotes the interests of its membership through collective action. The Knights of Labor in 1869 unskilled workforce and attempts were unsuccessful Samuel Gompers established the American Federation of Labor (AFL) in 1886 bread and butter unionism.

Sherman Anti-Trust (1890) every contract combination, or conspiracy in restrain of trade or commerce Clayton Act (1914) designed to withdraw the power of federal courts to enjoin labor activities through the antitrust laws. Norris-LaGuardia Act the issuance of federal court injunctions against labor disputes.

The benefits of membership are greater than the costs.

Lack of fairness Perception of substandard conditions Responsiveness

1. 2. 3.

Growth of foreign competition Emergence of a global economy Demographic changes to the labor supply Decline in manufacturing jobs - layoffs Increasing costs of government regulation Explosive growth in employment litigation

U. S. Department of Labors Bureau of Labor Statistics Union members 2009 12.4% 2010 12.3% Among Government employees 37.4% are unionized Private sector union membership dropped from 7.6% to 7.2%

Change to Win (CTW) devotes 75% of its budget $750 million annually to organizing efforts. (Aggressive organizing strategies, new forms of union membership, recruiting of nontraditional members) Real wages have remained constant since 1987, but in that time the cost of a college education has doubled and the number of people without health insurance has increased by 50%

Apply to union and non union members: 1. To organize themselves 2. To form, join, or assist labor organizations 3. To bargain collectively through representatives of their own choosing 4. To engage in concerted activity for the purpose of mutual aid and protection

Right to free speech Right to file unfair labor practice charges against unions Union has to represent entire bargaining unit regardless of membership Employee have the right to refrain from union activity (Closed shop) Prohibits Union Security clauses (union shops) Establishment of the Federal Mediation and Conciliation Service (FMCS) Provisions for the national emergency strikes

A bill of rights for union members, including the right to secret ballots for internal union elections, protection from arbitrary or excessive dues assessment, freedom of speech in union matters, and the right to sue. Closed shop exception (construction trades) A reporting requirement that obligates union officers to report certain financial information.

Federal Labor Relations Authority

Established unfair labor practice guidelines for government employees and unions representing government employees Established binding arbitration
Prohibited strikes by government employees

Recognition an employer recognizes the union. Management has a statutory duty to bargain with the union holding such exclusive recognition.

Craft employee have the same skills or perform the same task Industrial autoworkers, steelworkers, or hotel and restaurant employees.

Employer voluntarily acknowledges union

NLRB cites election results

NLRB certifies a union without a ballot

Union Organizing campaign (salting, meetings, home visits, telephone, internet organizing, picketing) Authorization Cards (30% must sign authorization cars, more than one half for a successful vote) Petition for certification (Page 357) Election campaign (NLRB generally within 42 days of the date the petition was filed) Election (50% + one person) Election Results- Elected or not elected

30 percent not interested in union representation can force a vote 12-month waiting period after original certification Petition filed with NLRB