The Labor Relations Process 11th Edition by William Holley, William Ross 9781305576209 1305576209

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• ISBN 10:1305576209

• ISBN 13:9781305576209

• Author:William Holley, William Ross

The Labor Relations Process
As globally recognized arbitration experts, the authors of THE LABOR RELATIONS PROCESS bring nearly a century of combined experience with the labor movement, labor relations, and collective bargaining to this popular text. Packed with real-world examples and quotes from practitioners in the field, this 11th edition explores labor’s history from inception to current and emerging trends, touching on government, white-collar, and international contexts to give you an unmatched perspective of the topics. Chapters include in-depth analyses of the relationship between management and labor, including key participants in the processes, and the rights and responsibilities of each. Labor agreements, collective bargaining, contract administration, arbitration, and many other critical issues and processes highlight the complex, exciting nature of organized labor, and introduce you to the wide variety of professional opportunities available to you today

The Labor Relations Process 11th Table of contents:

Part 1. Recognizing Rights and Responsibilities of Unions and Management
Chapter 1. Union–Management Relationships in Perspective
Phases in the Labor Relations Process
Elements in the Labor Relations Process
Focal Point of Labor Relations: Work Rules
Key Participants in the Labor Relations Process
Three Basic Assumptions Underlying U.S. Labor Relations
Constraints or Influences Affecting Participants’ Negotiation and Administration of Work Rules
State of the Economy: National, Industrial, and Firm-Specific Indicators
International Forces
Public Opinion
Union Membership
Structural Changes in the Economy
Changing Management Practices
Changing Legal Environment
Summary
Key Terms
Discussion Questions
Exploring the Web. Labor Relations from Several Points of View
Case Study 1-1. Was “a Troublemaker” Laid off for Sharing Wage Information? Or for Business Reasons?
Case Study 1-2. Discharge for Whistleblower Activity
Classroom Exercises
Chapter 2. The History of Labor–Management Relations
1869 to World War I
Early Legal Developments Involving Labor–Management Relationships (1806–1931)
Civil Conspiracy Doctrine
Application of Antitrust Legislation to Labor Unions
Emergence of National Labor Organizations
The Knights of Labor (KOL)
Strategies to Accomplish the KOL’s Goals
Reasons for the KOL’s Failure and Demise
The Eight-Hour Workday Movement and the Haymarket Riot
Origin and Goals of the American Federation of Labor
Strategies and Tactics of the AFL
Organization of the AFL
The Homestead Incident
The Pullman Strike
The Industrial Workers of the World
World War I to World War II
Union Organizing after World War I: Problems and Prospects
Opposition from Employers
Labor’s Inability to Overcome Anti-Union Sentiment
Rise of the CIO and Industrial Unionism
Strong CIO Leadership
Realistic Goals
The Effective Use of Sit-Down Strikes
Passage of the National Labor Relations (Wagner) Act
Changes in Employees’ Attitudes
World War II to the Present
Developments in Organized Labor since World War II
New Collective Bargaining Issues
Increased Organization of Women, Minorities, Younger Age Employees, and Professionals in the Public-Sector and Private-Sector Service Industries
Merger of the AFL and CIO
Formation of the Change to Win Federation
Aspects of Organized Labor Unchanged since World War II
Unions and Politics
Difficulty in Achieving Consensus among Unions and among Members
Pursuit of Short-Range Economic and Job Security Goals Instead of Long-Range Reform
Summary
Key Terms
Discussion Questions
Exploring the Web. History of the Labor Movement
Chapter 3. Legal Influences
Origin of Labor Relations Law
The Norris-La Guardia Act
The National Industrial Recovery Act of 1933
The National Labor Relations (Wagner) Act of 1935
Section 7 Rights
Changes under the Labor–Management Relations (Taft–Hartley) Act
Labor–Management Reporting and Disclosure (Landrum–Griffin) Act
National Labor Relations Board
Employer and Employee Coverage under the LMRA, as Amended
Concerted and Protected Employee Activity
NLRB Unfair Labor Practice Procedure
Unfair Labor Practice Remedies
Assessment of the LMRA, as amended, and NLRB Administration
Transportation-Related Labor Relations Law (Railway and Airlines)
Assessment of the RLA
Deregulation Legislation in Railroads and Airlines
Promising Developments Regarding the RLA
Additional Laws That Affect Labor Relations
Employee Retirement Income Security Act of 1974
The Americans with Disabilities Act of 1990
Bankruptcy Act
Worker Adjustment and Retraining Notification Act
Racketeer Influenced and Corrupt Organizations Act of 1970
Employment Discrimination Laws and Executive Orders
Other Related Labor Relations Laws
Summary
Key Terms
Discussion Questions
Exploring the Web. Labor Relations and the Law
Case Study 3-1. The Great Temperature Debate
Case Study 3-2. Independent Contractors? Or Employees?
Case Study 3-3. NLRB Jurisdiction over a Private Charter School
Case Study 3-4. Determination of Supervisory Status
Chapter 4. Unions and Management: Key Participants in the Labor Relations Process
Goals and Strategies: Management and Unions
Company Strategic Planning
Nonunion Companies’ Strategies
Unionized Companies’ Strategies
Union Strategic Planning
Company Organization for Labor Relations Activities
Union Governance and Structure
The Local Union
Differences between Local Craft and Industrial Unions
Government and Operation of the Local Union
The National or International Union
Leadership and Democracy
Profile of Union Leaders
Administration
Professional Staff Members
Services to and Control of Locals
Dues, Fees, and Distribution of Funds
Mergers of National Unions
Intermediate Organizational Units
Independent Unions
Employee Associations
The American Federation of Labor and Congress of Industrial Organizations (AFL-CIO)
Organizational Structure
Union Corruption and the Landrum-Griffin Act
Union Security
Union Security Provisions
Closed Shop
Union Shop
Agency Shop
Contingency Union Shop
Union Hiring Hall
Preferential Treatment Clause
Dues Checkoff
Right-to-Work Laws: Controversy and Effects
Arguments for Right to Work Laws
Arguments for Abolishing Right-to-Work Laws
Recent U.S. Supreme Court Decision
Summary
Key Terms
Discussion Questions
Exploring the Web. Labor Unions, Mergers, and Union Security
Case Study 4-1. Employee Rights under the Landrum–Griffin Act
Case Study 4-2. Financial Core Membership Rights under the Beck Decision
Chapter 5. Why and How Unions Are Organized
Why Unions Are Formed
Work and Job Conditions
Employees’ Backgrounds and Needs
Influences on Employees Votes for and against Unions
The Union’s Challenge of Organizing the Diverse Workforce
Organizing Professional Employees
Activities of the Union in Organizing Employees
Activities of the Company in Union Organizing
Unintended Consequences of Anti-union Behavior
Methods for Organizing Unions
Duties of the Exclusive Bargaining Agent and Employer
After Election Loss by the Union
Proposed Mandatory Secret Ballot Elections versus Employee Free Choice Act (EFCA)
Conduct of the Representation Election Campaign
Campaign Doctrines and NLRB Policies
Captive Audience—24-Hour Rule
Polling or Questioning Employees
Distribution of Union Literature and Solicitation by Employees on Company Property
Showing Films during Election Campaigns
Use of E-Mail, Internet, and Social Media
New Union Strategies
Removing a Labor Union
Summary
Key Terms
Discussion Questions
Exploring the Web.
Case Study 5-1. Are These Employees Engaged in a Protected Concerted Activity?
Case Study 5-2. Are the Employees Involved in Activities That Are Legal?
Case Study 5-3. Are the Field Supervisors “Supervisors” Under the National Labor Relations Act (NLRA)?
Case Study 5-4. Are These Employees’ Activities Legally Protected under the National Labor Relations Act?
Case Study 5-5. Did the Company Violate the Section 8(a)(1) of the LMRA When It Discharged the Employee?
Case Study 5-6. Bulletin Board Use
Case Study 5-7. Nonemployee Union Solicitation Activity
Case Study 5-8. Campaign Threats or Implied Promise of Benefit?
Case Study 5-9. The T-Shirt Offer and Picnic Photographs
Classroom Exercise
Part 2. The Bargaining Process and Outcomes
Chapter 6. Negotiating the Labor Agreement
Collective Bargaining: Definition and Structure
Bargaining Structure
The Bargaining Unit
Negotiation Preparation Activities
Selection of the Negotiating Team and Related Bargaining Responsibilities
Proposal Determination and Assessment
Formulating Proposals
The Bargaining Range
Costing Contract Proposals
Understanding Collective Bargaining Behavior: A Framework
Distributive and Integrative Bargaining: Two Different Approaches
Strategies and Tactics
The Bargaining Power Model
Factors Potentially Affecting Both Bargaining Power Equations
Factors Affecting a Union’s Disagreement and Agreement Costs
Factors Affecting Management’s Agreement and Disagreement Costs
Complexities Associated with the Bargaining Power Model
Attitudinal Structuring
Intraorganizational Bargaining
Ethical and Legal Considerations in Collective Bargaining
The Legal Duty to Bargain in Good Faith
Type of Bargaining Subject
Specific Bargaining Actions
Totality of Conduct
Bargaining over Managerial Rights
Successor Employer Bargaining Obligations
Collective Bargaining under Bankruptcy Proceedings
Legal Remedies Associated with Violations of the Duty to Bargain in Good Faith
Contract Ratification
Explanation of Voting Behavior
Reasons for Rejection of Tentative Contract Agreements
Summary
Key Terms
Discussion Questions
Exploring the Web. Collective Bargaining
Case Study 6-1. The Funeral Leave Policy Proposal
Case Study 6-2. Classification of a Bargaining Subject
Case Study 6-3. The Influenza Work Rule
Case Study 6-4. Refusal to Furnish Requested Information
Case Study 6-5. The Mileage Reimbursement Policy
Chapter 7. Economic Issues
Industrial Wage Differentials
Occupational Wage Differentials and the Role of Job Evaluation and Wage Surveys
Evaluating Jobs within the Organization
Surveys to Compare Firms’ Wage Structures
Production Standards and Wage Incentives
Wage-Setting Criteria: Arguments Used by Management and Union Officials in Wage Determination
Differential Features of the Work: Job Evaluation and the Wage Spread
Two-Tier Wage Plans
Wage Comparability
Ability to Pay
Productivity
Cost of Living
Wage Adjustments during the Term or Duration of the Labor Agreement
Lump-Sum Pay Adjustments
Employee Benefits
Insurance and Health Benefits
Health Care Cost Containment
Income Maintenance
Premium Pay—Overtime and Other Supplements
Pay for Time Not Worked —Holidays, Vacations, and Rest Periods
Pensions
Family and Child-Care Benefits
Other Benefits
Union Effects on Wages and Benefits
Summary
Key Terms
Discussion Questions
Exploring the Web. Economic Issues
Case Study 7-1. “Adding Insult to Injury”
Case Study 7-2. Unilateral Freeze of Defined Benefit Pension Plan
Case Study 7-3. A Change in the Medical Insurance Plan
Case Study 7-4. Does the Deputy Sheriff Deserve a Pay Raise?
Classroom Exercise
Chapter 8. Administrative Issues
Technological Change and Job Protection
Benefits of Technological Change
Negative Effects of Technological Change
Job Security and Personnel Changes
Job Security and the Changing Psychological Contract
Job Security Work Rules
Plant Closures, Downsizing, and WARN
Subcontracting, Outsourcing, and Work Transfer
Work Assignments and Jurisdiction
Work Scheduling
The Role of Seniority in Personnel Changes
Legal Issues Involving Seniority in Administrative Determinations
Employee Training
Work Restructuring
Safety and Health
Summary
Key Terms
Discussion Questions
Exploring the Web. Administrative Issues
Case Study 8-1. Discharged for Facebook Comments
Case Study 8-2. The Outsourced Work
Case Study 8-3. The Disputed Safety Bonus
Case Study 8-3. “Donning Safety Equipment?” or “Changing Clothes?”
Chapter 9. Resolving Negotiation (Interest) Disputes and the Use of Economic Pressure
Impasse Resolution Procedures Involving a Third-Party Neutral
Mediation
Fact-Finding
Interest Arbitration
Mediation-Arbitration (Med-Arb)
Other Third-Party Procedures
Arbitration-Mediation
Tri-Offer Arbitration
Double Final-Offer Arbitration
“Night Baseball” Arbitration
Strikes and Lockouts: The Use of Economic Pressure to Resolve Interest Disputes
Replacement Workers during Strikes and Lockouts
Types of Strikes
Reasons for Strikes
Strategic Purposes of a Strike
Strike Experiences and Preparation
Reinstatement Rights of Unfair Labor Practice and Economic Strikers
Unlawful Strike Misconduct
Employee Picketing Rights
Secondary Strikes, Boycotts, and Picketing
National Emergency Dispute Resolution Procedures
Summary
Key Terms
Discussion Questions
Exploring the Web. Strikes, Lockouts, and Collective Bargaining
Case Study 9-1. An Interest Arbitration Hearing
Case Study 9-2. Legitimate Picketing? or Illegal Secondary Boycott?
Case Study 9-3. The Aftermath of a Strike
Case Study 9-4. The Right to Strike
Case Study 9-5. Denial of Health Care Benefits to Striking Employees
Case Study 9-6. Product Picket Activity
Part 3. Administering the Labor Agreement
Chapter 10. Contract Administration
Grievances: Definition, Sources, and Significance
Reasons for Employee Grievances
Significance of Employee Grievances
Preparation for Grievance Processing
Steps in the Grievance Procedure
First Step of Grievance Procedure
Second Step of Grievance Procedure
Third Step of Grievance Procedure
Fourth Step of Grievance Procedure: Alternative Dispute Resolution (ADR)
Different Approaches by Grievance Mediators
Administrative Complexities of Processing Grievances
Other Forms of ADR
Grievance Resolution: Relationships and Flexibility
Codified Relationships
Power Relationships
Empathetic Relationships
Flexible Consideration in Processing Employee Grievances
The Union’s Duty of Fair Representation
Summary
Key Terms
Discussion Questions
Exploring the Web. Grievance Procedures
Case Study 10-1. Are These Grievances Arbitrable?
Case Study 10-2. Should the Union Represent Slick Willie Owens?
Classroom Exercise
Chapter 11. Labor and Employment Arbitration
Development of Labor Arbitration
Elements of a Typical Arbitration Proceeding
Selection and Characteristics of Arbitrators
Decision to Arbitrate
Prehearing Activities
The Arbitration Hearing
Comparison of Arbitration and Judicial Proceedings
Evidence in Arbitration vs. in Judicial Proceedings
Arbitration in the Railway and Airline Industries
The Arbitrator’s Decision
Decision-Making Guidelines Used by Arbitrators
Past Practice
Previous Labor Arbitration Decisions
Current Issues Affecting Arbitration
Legal Jurisdiction
Labor Arbitration and the National Labor Relations Board
Appraising Labor Arbitration’s Effectiveness
Procedural Problems
Employment Arbitration
Public Policy Implications for the Future
Summary
Key Terms
Discussion Questions
Exploring the Web. Labor and Employment Arbitration
Case Study 11-1. Whether the Employer Violated the Contract by Implementing Fleet Operation Changes on or about June 18, 2014? If so, What Is the Appropriate Remedy?
Case Study 11-2. Issue: Did the Company Violate the Collective Bargaining Agreement When It Reduced the Hours of Full-Time Employees to Less than 35 Hours per Week as This Action Relates to the NLRB Charge?
Case Study 11-3. Should Employee Be Penalized for On-the-Job Injury?
Chapter 12. Employee Discipline
The Changing Significance of Industrial Discipline
Historical Overview of Employer Disciplinary Policies
Employment-at-Will Doctrine and Wrongful Discharge Consideration for Nonunion Employees
Present-Day Significance of Employee Discipline
Elements of the Just Cause Principle in Employee Discipline
Discipline for Just Cause and Discipline’s Legitimate Purpose
Degree of Proof in Disciplinary Cases: Nature of the Evidence and Witness Credibility
Labor Relations in Action: Employee Discipline and Social Media
Effect of Work Rules on Discipline
Progressive Discipline
Disciplinary Penalty and Mitigating Circumstances
Possible Collision between Discharge Decisions and Public Policy
Due Process
Summary
Key Terms
Discussion Questions
Exploring the Web.
Case Study 12-1. Issue: Was Mr. Babcock’s Termination for Just Cause? If Not, What Is the Remedy?
Case Study 12-2. Falsification of Application
Part 4. Applying the Labor Relations Process to Different Labor Relations Systems
Chapter 13. Labor Relations in the Public Sector
Significance of Public-Sector Labor Relations
Labor Legislation in the Public Sector
Current Challenges to Collective Bargaining Rights of Public Unions
Federal-Sector Labor Relations Legislation
Appropriate Bargaining Units and Union Recognition in the Federal Sector
Negotiable Subjects in the Federal Sector
Unfair Labor Practices in the Federal Sector
Grievance Procedures and Arbitration in the Federal Sector
Labor–Management Forums in the Federal Government
Homeland Security Act
Labor Relations in the U.S. Postal Service
Similarities between Private- and Public-Sector Bargaining
Differences between Private-Sector and Public-Sector Bargaining
The Market Economy Does Not Operate in the Public Sector
The Relationship between the Budget and Public-Sector Bargaining Processes
Employee Rights and Obligations
Collective Bargaining Structures and Decision-Making Processes
Negotiable Issues and Bargaining Tactics
Grievance Administration
The Right-to-Strike Controversy
Discipline of Public-Sector Employees
Interest Dispute Impasse-Resolution Procedures in the Public Sector
Mediation
Fact-Finding and Arbitration of Interest Disputes
Effectiveness of Fact-Finding and Arbitration of Interest Disputes
Referendum
Conclusions on Public-Sector Labor Relations
Challenges and Opportunities for Public-Sector Unions
Summary
Key Terms
Discussion Questions
Exploring the Web. Labor Relations in the Public Sector
Case Study 13-1. Unions Representing Public Employees
Case Study 13-2. Discharge for Off-Duty Conduct
Chapter 14. Labor Relations in Multinational Corporations and in Other Countries
Multinational Corporations and Transnational Collective Bargaining
Union Approaches to Multinational Bargaining and Employer Reactions
Obstacles for Unions in Bargaining with Multinational Corporations
Effects of Unions on Multinational Corporations
Conclusions and Predictions on Transnational Bargaining
Globalization and Concerns about Free Trade
North American Agreement on Labor Cooperation (NAALC)
Unions in Other Countries
Canada
Mexico, Central America, and South America
Cuba
Western Europe
European Union
Great Britain
Germany
Central and Eastern Europe—Former Soviet Bloc Countries
Japan
South Korea
Australia
China
Summary
Key Terms
Discussion Questions
Exploring the Web. Labor Relations in Multinational Corporations and in Other Countries
Classroom Exercise
Appendix A. Collective Bargaining Negotiations Exercise
Collective Bargaining Negotiation Scenario: Harper Container Company and the United Chemical and Plastics Workers Union
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