LABOR MANAGEMENT RELATIONS

Human Resource Management

College of Public and Community Service
University of Massachusetts at Boston
2008 William Holmes
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LABOR MANAGEMENT RELATIONS
OVERVIEW
Labor Rights
Management Rights
Labor Obligations
Management Obligations
Creating Good Labor
Relations
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LABOR RIGHTS
Wagner ActRight to Organize
Landrum-Griffin ActRight of
Construction to Closed Shop
Taft-Hartley ActRight to Decertify
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LABOR OBLIGATIONS
Taft Hartley Actno closed shop
National Labor Relations ActNo
Secondary Strikes
State Right to Work Acts
Free Speech for All Employees
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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
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MANAGEMENT RIGHTS
Taft Hartley ActSpeak Against
Unions
No Closed Ship
National Labor Relations Act
Requires Elections for Certification
Use of Right to Work Laws
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MANAGEMENT OBLIGATIONS
Wagner Act
National Labor Relations
Act
State Closed Shop or
Union Shop Acts
Other Acts
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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
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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
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LEGAL LIMITATIONS
Employees at Will
Implied Contracts
Explicit Contracts
Statutory Exceptions
Constitutional Exceptions
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INDICATIONS OF GOOD LABOR
RELATIONS: 1
Impact of union on mission is neutral
or positive
Employees dont project us/them
image
Changes are not made as last resort
Direct and indirect costs required by
contract are kept small
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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
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