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Final Notes

11 Pages

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MGT 3500

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Chapter 8 Book NotesTwo broad categories of disputes in labor relationsinterest disputes pertains to conflict of interest Examples higher wages employee benefit vs lower labor cost employer benefit seniority based layoffs vs merit based layoffs broad union input into managerial issues vs strict management rights to conduct business without interference interest disputes are conflicts that occur during the negotiation of new contract terms not over the interpretation of existing termsrights disputes disagreements over whether someones rights have been violated Rights disputes are therefore grievances conflicts over the application and interpretation of a contractStrikes and LockoutsDefinition A strike is fundamentally an expression of protest and dissatisfaction but is intended to pressure an employer by withholding labor strikers seek to increase the employers cost of disagreement by depriving the employer of profits private sector or the ability to satisfy the demands of taxpayers and voters public sectorTypesEconomic strike to win better wages benefits and work rulesMost frequentStem from bargaining impasses over mandatory bargaining items when union contracts are being negotiatedLockout employerinitiated rather that workerinitiated work stoppage during a bargaining impasse In an economic strike the employer tells workers not to come back until they agree with the employers termsUnfair Labor Practice Strike strike to protest an employers unfair labor practicesRecognition strike employees strike to force an employer to recognize and bargain with the union Sympathy strike striking to support other workers who are on strike ex by not crossing the picket line Wildcat strike strike when there is a no strike clause Grievance arbitration is typically used insteadJurisdictional strike union strikes to force an employer to assign certain work to its membersLegal treatment of strikesSee chart page 267All strikes are more likely to be illegal when conducted by gov employees public sector Ex Boston police strike 1919 which resulted in looting and violence after policemen walked off the job when their union leaders were suspended by the police commissioner National Emergency StrikesA presidential emergency board was created Allows the president to create this when a strike might threaten the public in some way The Railway Labor Act first created this board The board has 30 days to investigate the dispute and issue a report which typically has nonbinding recommendations After the report is issued a strike can occur after a 30 day cooling off period Then if a strike does happen the president can step in seek a courtordered injunction ending the strike for up to 80 days PicketingStrikers their leaders and supporters march outside the employers location to publicize their dispute convince the public not to patronize the business and workers not to cross the picket line create solidarity among strikers and just build support for their cause Picket line misconduct is not protected by NLRA Mass picketing blocks entrance is illegal Decline in Strike ActivityThreat of a strike is a major determinant of bargaining power Threat means more in a strong economy because no replacement workers to take their jobsA company with significant inventory of finished products cars is less threatened by a strikeBargaining power and the threat of a strike should affect the extent to which bargaining outcomes favor labor or management but not the occurrence of strikes Strikes have declined because now it doesnt follow the business cycle now there is more info provided or sociopolitical explanation workers are scared of replacement workers and losing their jobs for good so they dont strikeStrike ReplacementsThe Mackay DoctrineRadio and Telegraph Company in San Francisco brought in workers from other branches after a strike to replace strikers After strikers begged to come back there were 5 less spots because replacement workers wanted to stay 5 Strikers filed an unfair labor practice because the 5 that were replaced were the most active in the union and considered that discrimination The Supreme court agreed that that was considered discrimination but they did say that permanent replacement workers were legal So Mackay doctrine created permanent replacement workers in economic strikesStrikers that are replaced cannot be fired in a literal sense but are placed on a priority recall list and as jobs open up employers have to offer those jobs to the strikers Replacement workers HAVE to be told they are permanent workers otherwise they are considered temporary and have to go when strikers returnReplacement workers inUnfair labor practice strikes cannot use permanent replacement workers Strikers get immediate reinstatement Lockouts can use TEMPORARY replacements during lockoutdefensive lockout employer locks out employee to prevent losses from expected strike protects employer from economic lossesoffensive lockout employer take the initiative to pressure the union for a more favorable settlement used to control the timing of work stoppageboth are LEGAL as long as they protect or support employers bargaining positions
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