Bargaining Unit Bargaining Unit Group of workers within a plant, Group of workers within a plant, firm, occupation or industry firm, occupation or industry that, on the basis of commonality that, on the basis of commonality of interest or production of interest or production process; is determined by the process; is determined by the NLRB to be the appropriate unit NLRB to be the appropriate unit for collective bargaining for collective bargaining purposes purposes
Transcript
Bargaining UnitBargaining UnitGroup of workers within a plant, firm, Group of workers within a plant, firm, occupation or industry that, on the occupation or industry that, on the basis of commonality of interest or basis of commonality of interest or production process; is determined by production process; is determined by the NLRB to be the appropriate unit for the NLRB to be the appropriate unit for collective bargaining purposescollective bargaining purposes
Establishing a bargaining unitEstablishing a bargaining unitDoctrine of Exclusive RepresentationDoctrine of Exclusive Representation
Union is the exclusive representative of all Union is the exclusive representative of all employees in the bargaining unitemployees in the bargaining unit
–Firm must deal with employees as a group—cannot Firm must deal with employees as a group—cannot divide and conquer; cannot enter separate agreements divide and conquer; cannot enter separate agreements with subsets of workerswith subsets of workers–Individual employees can bypass the union in bringing Individual employees can bypass the union in bringing grievances before the employer, grievances before the employer, butbut resolution cannot resolution cannot be inconsistent with the contractbe inconsistent with the contract–Exclusivity lasts minimum of one year, maximum of Exclusivity lasts minimum of one year, maximum of threethree–Union membership outside of a bargaining unit has Union membership outside of a bargaining unit has very little powervery little power
Establishing a bargaining unitEstablishing a bargaining unit
Doctrine of Exclusive RepresentationDoctrine of Exclusive Representation
Union must provide services to all Union must provide services to all employees in the bargaining unitemployees in the bargaining unit
Establishing a bargaining unitEstablishing a bargaining unitImportance of the definition of a bargaining Importance of the definition of a bargaining
unitunitBroader representations means more power Broader representations means more power for union; better ability to disrupt productionfor union; better ability to disrupt productionMore diverse means more difficult/expensive More diverse means more difficult/expensive to provide servicesto provide servicesGerrymandering: Firm wants to add groups Gerrymandering: Firm wants to add groups that are less likely to vote for the union; union that are less likely to vote for the union; union wants the opposite.wants the opposite.Standardized bargaining unit leads to pattern Standardized bargaining unit leads to pattern bargaining—can set wage standards for the bargaining—can set wage standards for the industry, industry, even for the nonunion sectoreven for the nonunion sector
NLRB criteria for selecting a bargaining NLRB criteria for selecting a bargaining unit:unit:
( (Based on 200,000 existing bargaining Based on 200,000 existing bargaining units)units)
Community of interest doctrine: Community of interest doctrine: similarity similarity of job function, earnings, benefits, hours, required of job function, earnings, benefits, hours, required skills, and supervision; production activities in skills, and supervision; production activities in close proximity, considerable interaction (KEY)close proximity, considerable interaction (KEY)
History of bargaining: History of bargaining: If unit had been If unit had been organized before, was the unit effective? (LESS organized before, was the unit effective? (LESS COMMON)COMMON)
NLRB criteria for selecting a bargaining NLRB criteria for selecting a bargaining unit:unit:
( (Based on 200,000 existing bargaining Based on 200,000 existing bargaining units)units) Employee interests: Employee interests: If two or more If two or more
configurations are equally plausible, NLRB may configurations are equally plausible, NLRB may use the secret ballot to assess employee use the secret ballot to assess employee preferences. Globe Machinery and Stamping, Co. preferences. Globe Machinery and Stamping, Co. (1937)(1937)
Company organizational structure: Company organizational structure: NLRB has NLRB has decided that bargaining units must be defined on decided that bargaining units must be defined on a case-by-case basis. Workers who otherwise a case-by-case basis. Workers who otherwise may not be combined, but who all report to the may not be combined, but who all report to the same supervisor or work in the same production same supervisor or work in the same production process may be combined. (Bendix, 1937)process may be combined. (Bendix, 1937) – Bendix (1977): NLRB denied petition for craft unions to Bendix (1977): NLRB denied petition for craft unions to
from a separate group because of past plant-wide from a separate group because of past plant-wide bargaining history and joint production activities.bargaining history and joint production activities.
NLRB criteria for selecting a bargaining NLRB criteria for selecting a bargaining unit:unit:
( (Based on 200,000 existing bargaining Based on 200,000 existing bargaining units)units)
Union and Firm propose a mutually Union and Firm propose a mutually satisfactory unit (Stipulated unit)satisfactory unit (Stipulated unit)– NLRB must accept if consistent with NLRANLRB must accept if consistent with NLRA
Industry, occupation or firm traditionIndustry, occupation or firm tradition
Public InterestPublic Interest
NLRB criteria for selecting a bargaining NLRB criteria for selecting a bargaining unit:unit:
( (Based on 200,000 existing bargaining Based on 200,000 existing bargaining units)units) Special groups:Special groups:
– Craft WorkersCraft Workers Purpose: Craft or skilled may be poorly treated Purpose: Craft or skilled may be poorly treated
when majority are unskilled (cross-subsidy of less-when majority are unskilled (cross-subsidy of less-skilled)skilled)
Petition for “craft severance” when interest Petition for “craft severance” when interest diverge from the bargaining unit diverge from the bargaining unit (used sparingly)(used sparingly)
Decision depends on Decision depends on (Mallinckrodt Chemical Works, (Mallinckrodt Chemical Works, 1966)1966)
firm bargaining history, firm bargaining history, industry tradition, industry tradition, potential for disrupting existing collective bargaining potential for disrupting existing collective bargaining
agreementsagreements Extent of homogeneity, identity among craftsExtent of homogeneity, identity among crafts
Union Nonunion wage differential by skill Union Nonunion wage differential by skill levellevel
Skill Level
WU/WN
1.0
NLRB criteria for selecting a bargaining NLRB criteria for selecting a bargaining unit:unit:
( (Based on 200,000 existing bargaining Based on 200,000 existing bargaining units)units)
Special groupsSpecial groups::– ProfessionalsProfessionals
Option of staying in larger group or splitting Option of staying in larger group or splitting off off (used routinely)(used routinely)
Sec 2(12) of NLRASec 2(12) of NLRA Work is intellectual and varied,Work is intellectual and varied, Consistent exercise of discretion and judgment,Consistent exercise of discretion and judgment, Requiring advanced specialized knowledge Requiring advanced specialized knowledge
requiring advanced studyrequiring advanced study Can be determined at time of certification Can be determined at time of certification
electionelection
NLRB criteria for selecting a bargaining NLRB criteria for selecting a bargaining unit:unit:
( (Based on 200,000 existing bargaining Based on 200,000 existing bargaining units)units)
Special groupsSpecial groups::– Plant Guards and Security PersonnelPlant Guards and Security Personnel
Section 9 (b)(3): cannot be in the same Section 9 (b)(3): cannot be in the same bargaining unit as other workersbargaining unit as other workers
Must be represented by a separate Must be represented by a separate unionunion
– Rationale: conflict of interest during strikesRationale: conflict of interest during strikes– Unfair to plant guards?Unfair to plant guards?
NLRB criteria for selecting a bargaining NLRB criteria for selecting a bargaining unit:unit:
((Based on 200,000 existing bargaining units)Based on 200,000 existing bargaining units) Special groups:Special groups:
– Supervisors, Managers, and Confidential Supervisors, Managers, and Confidential EmployeesEmployees
Not granted rights under Taft-Hartley Not granted rights under Taft-Hartley amendments (conflicts with freedom of amendments (conflicts with freedom of association)association)
Conflict of interestConflict of interest
NLRB criteria for selecting a bargaining NLRB criteria for selecting a bargaining unit:unit:
( (Based on 200,000 existing bargaining Based on 200,000 existing bargaining units)units)
Special groups:Special groups:– SupervisorsSupervisors– Sect. 2(11): Supervisor has Sect. 2(11): Supervisor has
“authority… to hire, transfer, “authority… to hire, transfer, suspend, lay off, recall, promote, suspend, lay off, recall, promote, discharge, assign, reward, or discharge, assign, reward, or discipline…, if…exercise…requires discipline…, if…exercise…requires the use of independent judgement.”the use of independent judgement.”
NLRB criteria for selecting a bargaining NLRB criteria for selecting a bargaining unit:unit:
((Based on 200,000 existing bargaining units)Based on 200,000 existing bargaining units) Special groups:Special groups:
– ManagersManagers Not granted rights under NLRA. NLRB Not granted rights under NLRA. NLRB
vs Bell Aerospace (1974): all managers vs Bell Aerospace (1974): all managers excluded, whether supervisory or not.excluded, whether supervisory or not.
Managers: those who formulate and Managers: those who formulate and effectuate managerial policies..”effectuate managerial policies..”
Community of interest with executives Community of interest with executives of the firmof the firm
NLRB criteria for selecting a bargaining NLRB criteria for selecting a bargaining unit:unit:
((Based on 200,000 existing bargaining units)Based on 200,000 existing bargaining units)
Special groups:Special groups:– Confidential EmployeesConfidential Employees
Not granted rights if engaged in Not granted rights if engaged in personnel or labor relations personnel or labor relations matters.matters.– Conflict of interest regarding Conflict of interest regarding
handling of privileged financial or handling of privileged financial or personnel informationpersonnel information
NLRB criteria for selecting a bargaining NLRB criteria for selecting a bargaining unit:unit:
((Based on 200,000 existing bargaining units)Based on 200,000 existing bargaining units) Special groups:Special groups:
Agricultural LaborersAgricultural Laborers– 1975 California statute allows certification, strikes 1975 California statute allows certification, strikes
during harvest.during harvest. Part-time vs Casual EmployeesPart-time vs Casual Employees
– Regular (at least 15 days of 90; seasonal with Regular (at least 15 days of 90; seasonal with expectation of rehire) part-time employees that expectation of rehire) part-time employees that share community of interest includedshare community of interest included
– Casual: “as needed, intermittent, no expectation of Casual: “as needed, intermittent, no expectation of rehire” are excludedrehire” are excluded
– Temp service? Probably excluded as Temp service? Probably excluded as nonemployees, casual, or independent contractorsnonemployees, casual, or independent contractors
NLRB criteria for selecting a bargaining NLRB criteria for selecting a bargaining unit:unit:
( (Based on 200,000 existing bargaining Based on 200,000 existing bargaining units)units) Special groups:Special groups:
– Independent Contractors:Independent Contractors: ExcludedExcluded Defined by “Right to control”Defined by “Right to control”
– Do a job for a price, decide how the work Do a job for a price, decide how the work will be done, purchase materials, hire will be done, purchase materials, hire others, and depend on profits for incomeothers, and depend on profits for income
– Covered if under salary, take direction, do Covered if under salary, take direction, do not purchase inputs, not purchase inputs,
– Comparable definition presumably Comparable definition presumably applicable to temporary employees applicable to temporary employees
NLRB criteria for selecting a bargaining NLRB criteria for selecting a bargaining unit:unit:
( (Based on 200,000 existing bargaining Based on 200,000 existing bargaining units)units)
Special groups:Special groups:– Health Care Institutions:Health Care Institutions:
Nonprofits excluded initially, added in 1974Nonprofits excluded initially, added in 1974– Presumptively appropriate units (alternative to case-Presumptively appropriate units (alternative to case-
by-case assessment)by-case assessment) Physicians; Registered nurses; All other Physicians; Registered nurses; All other
professionals including LPNs; technicians; professionals including LPNs; technicians; Clerical; Skilled maintenance; guards; other Clerical; Skilled maintenance; guards; other nonprofessionalnonprofessional
Employers fight these—fragmented votesEmployers fight these—fragmented votes Are physicians supervisors? Are RNs Are physicians supervisors? Are RNs
supervisors?supervisors?
Unit TypesUnit Types
Distinguished by Distinguished by – Size and ScopeSize and Scope– Heterogeneity of membershipHeterogeneity of membership– Centralized vs DecentralizedCentralized vs Decentralized
Unit TypesUnit Types
Craft Units Craft Units – Narrow, homogeneous, either Narrow, homogeneous, either
centralized or decentralizedcentralized or decentralized Department UnitsDepartment Units
– Narrow, heterogeneous, decentralizedNarrow, heterogeneous, decentralized Industrial UnitsIndustrial Units
– Broad, heterogeneous, decentralized at Broad, heterogeneous, decentralized at the firm level or centralizedthe firm level or centralized
Type of UnionsType of Unions
Federation: AFL-CIO
LIUNA UAW UFCW
Local LocalLocalLocal LocalLocal
Make up of Local UnionMake up of Local Union
President
Staff
Stewards
Unit Types: Single Employer, Unit Types: Single Employer, Single LocationSingle Location
Unit Types: Multiple Unit Types: Multiple EmployersEmployers
Broad scope, heterogeneous workers, but firms Broad scope, heterogeneous workers, but firms must be similar to one another, most centralizedmust be similar to one another, most centralized
Management 2
Production Maintenance
U N I O N
Production
Production
Maintenance
Maintenance
Firm 1
Firm 2
Firm 3Management 3
Management 1
A S S O C I A T I O N
Unit TypesUnit Types
Coordinated Bargaining: EuropeCoordinated Bargaining: Europe
Multiple Unions and FirmsMultiple Unions and Firms
When firms grow: AccretionWhen firms grow: Accretion
If a firm adds employees into jobs If a firm adds employees into jobs that fit into a bargaqining unit, these that fit into a bargaqining unit, these workers are automatically addedworkers are automatically added
New job titles—firm and union could New job titles—firm and union could agree, or NLRB may ruleagree, or NLRB may rule
New plants—firm and union could New plants—firm and union could agree, or NLRB may ruleagree, or NLRB may rule
When firms merge or are When firms merge or are acquired: Successorshipsacquired: Successorships
Successor employer is not obligated by Successor employer is not obligated by predecessor’s agreementspredecessor’s agreements
Successor is not obligated to hire workers from Successor is not obligated to hire workers from predecessor. If successor does hire employees predecessor. If successor does hire employees from predecessor, cannot discriminate by union from predecessor, cannot discriminate by union interestinterest
If majority of successor employees were covered If majority of successor employees were covered under predecessor, and production processes don’t under predecessor, and production processes don’t change, then successor is obligated to bargain.change, then successor is obligated to bargain.
Successor can offer new terms and conditions of Successor can offer new terms and conditions of employmentemployment
Alter egoAlter ego employers—bankrupt firm reopens with employers—bankrupt firm reopens with same management and same lines of business are same management and same lines of business are obligated by prior agreementsobligated by prior agreements
