LABOR MANAGEMENT RELATIONS

Human Resource ManagementCollege of Public and Community Service

University of Massachusetts at Boston©2008 William Holmes

1

LABOR MANAGEMENT RELATIONS OVERVIEW

•Labor Rights•Management Rights•Labor Obligations•Management

Obligations•Creating Good Labor

Relations

2

LABOR RIGHTS

•Wagner Act—Right to Organize•Landrum-Griffin Act—Right of

Construction to Closed Shop•Taft-Hartley Act—Right to Decertify

3

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

4

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

5

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

6

MANAGEMENT OBLIGATIONS

•Wagner Act•National Labor

Relations Act•State “Closed Shop”

or “Union Shop” Acts•Other Acts

7

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

8

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”

9

LEGAL LIMITATIONS

•Employees at Will•Implied Contracts•Explicit Contracts•Statutory Exceptions•Constitutional Exceptions

10

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

11

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

12