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Percent of Overall Union Membership 1983-2011 . 35 30 25 20 15 10 5 0. 20.1%. 14.5%. 11.9%. 1983 1996 2010. Source: Bureau of Labor Statistics http://www.bls.gov/news.release/pdf/union2.pdf.

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  1. Percent of Overall Union Membership 1983-2011 35 30 25 20 15 10 5 0 20.1% 14.5% 11.9% 1983 1996 2010 Source: Bureau of Labor Statistics http://www.bls.gov/news.release/pdf/union2.pdf

  2. Public Versus Private Union Membership (2010) Percent 50 40 30 20 10 36.2 6.9 Public Private Sector

  3. Historical Trends Private Sector Union Membership in the U.S. Percent 50 40 30 20 10 35.1 30.8 26.3 14.6 10.4 6.9 1955 1965 1975 1985 1995 2010 Year

  4. Private Sector Union Membership - 2010 Sector Transportation and Utilities 21.8 Tele-communications 15.8 Construction 13.1 Retail 4.7 Financial Activities 2.0 0 5 10 15 20 25 30 35 40 50 Percent

  5. Public Sector Union Membership - 2010 Sector Federal Gov’t 28.0 State Gov’t 32.2 Local Gov’t 43.3 0 5 10 15 20 25 30 35 40 50 Percent

  6. Union Membership By State (2010) Source: Bureau of Labor Statistics -- http://www.bls.gov/news.release/pdf/union2.pdf

  7. Union Membership of 14 European Countries Source: Bureau of Labor Statistics:http://www.bls.gov/opub/mlr/2006/01/art3full.pdf#search=%22percent%20union%20membership%20by%20countries%22

  8. Reasons for Decline in Union Membership • Declining public support (e.g., 42% or so) • Demise in traditionally-unionized manufacturing jobs • Conventional union roles being assumed by government regulations (e.g., safety rules) • Increased organizational resistance to union formation • Location of plants and factories in "right to work" states.

  9. Illegal to have a Closed Shop: Where a company can only hire members of a union. Employees must be (and remain) union members to be employed (the workplace is closed to all except union members) • But, • Legal to require that employees join the union after a certain period of time (Union Shop) or • Compel employees to pay dues but not join a union (Agency Shop). Dues are a fraction of that paid by regular union members (e.g., only for bargaining and administration of union contracts) • However, decisions by the Supreme Court have effectively made “union shops” the functional equivalent of “agency shops.” That is, these decisions have stated that union shops are not legally permitted to compel employees to join unions. • Right to Work States (Open Shop): Illegal to make union membership or payment of union dues a condition of employment (currently 22 right to work states in the U.S.)

  10. Selected List of Labor Unions

  11. Change to Win Federation --- approximately 4.7 million members • Formed in 2005 as an option to the AFL-CIO and is comprised of four sizeable unions: • United Farm Workers • International Brotherhood of Teamsters, • Service Employees International Union, • United Food and Commercial Workers. • Other independent unions include the Fraternal Order of Police, Major League Baseball Players Association, National Education Association, National Treasury Employees Union, and the United Brotherhood of Carpenters and Joiners of America.

  12. Reasons for Union Formation • Economic factors (e.g., pay, promotion opportunity) • Supervision (behavior, attitude, interpersonal style, unfair • treatment) • Safety concerns

  13. Union Formation Process Campaign (sign cards to endorse an election) Greater 30% vote for election No No election Yes Election (conducted by the NLRB) Majority of members in bargaining unit vote “yes” required for union to be formed Union No No Union Yes

  14. Typical Bargaining Issues and Positions Taken By Union and Management Labor Contract --- A formal, written agreement between union and the company regarding the conditions of employment (e.g., pay, benefits, grievance process, performance assessment) over a given period of time

  15. Collective Bargaining • Mediation --- Assist, facilitate an agreement between parties [share information]. No formal power to impose a decision • Federal Mediation & Conciliation Service • Fact-Finding --- More formal process. • Review relevant facts on the issues • Make formal recommendation • Make recommendation public • Not used very often, most successful in private sector

  16. Collective Bargaining (cont.) • Arbitration --- Final decision [American Arbitration Association] • Arbitration types: Type used if determined by law in the public sector, by agreement in private sector. • Binding vs. Non-binding • Voluntary – Agreed upon by both parties (most common in private sector) • Compulsory – Mandated by law (common in public sector) • Conventional --- Arbitrator decides on best solution; often a compromise between opposing positions • Final Offer -- Choose one position or the other • Total package or Issue by issue

  17. Collective Bargaining Recent Legal Challenges • The vast majority of states require collective bargaining, some allow such bargaining, while a few (5) make it illegal • In 2010, several states, such as Michigan, Wisconsin, Maine, Arizona, and Ohio, began efforts to curtail the rights of public employees to collectively bargain • In 2011, voters in Ohio voted down a law aimed at restricting the collective bargaining rights of public employees, which included police officers, teachers, and firefighters In the private sector, collective bargaining is controlled by the NLRB *** A basic provision of collective bargaining is that both sides must engage in “good faith efforts” to agree on a labor contract (not doing so can result in an unfair labor practice (ULP) allegation

  18. Sample Grievance Procedure Mgmt. Answer Union Appeal Step Management Arbitration Union Form 5 Written 20 Days 20 Days Industrial Relations Manager Grievance Committee Written 10 Days 10 Days 4 Division Manager Chief Steward Written 5 Days 5 Days 3 Industrial Relations Manager Shop Steward Written 5 Days 5 Days 2 Industrial Relations Manager Grievant Oral Immediate Immediate 1 Issue in Dispute

  19. Impasse (failure of collective bargaining process) • Union options used -- • Work slow down • Absenteeism (“blue flu”) • Sabotage • Strike (legitimate or “wildcat” strike) • Management options used -- • Lockout

  20. ~ Types of Strikes ~ Mackay Doctrine NLRB v. Mackay Radio and Telegraph Company, (1938). The hiring of replacement workers is legitimate if not motivated by anti-union sentiment or to discourage union membership. For federal government employees, strikes are forbidden. The ability to strike by most state and local public employees (e.g., police, firefighters) is severely limited Most Common

  21. Lockouts in Sports • Lockout by the owners of the National Basketball Association (NBA) lasted for almost 200 days and led to a 50-game season, versus the normal 82 games. • A lockout by the National Hockey League owners resulted in the loss of the entire 2004-2005 season. • In 2011, a National Football League lockout lasted for 137 days. • (2012) A agreement was announced between the owners and players union in the NBA, possibly ending a lockout lasting almost 150 days. This lockout has caused the cancellation of at least the initial six weeks of the season.

  22. NHL Lockout 2012: Labor Talks Resume, Progress Still Limited (11/20/12) The lockout entered its 66th day Tuesday and already has wiped out 327 games. More cancellations could be coming soon without a new deal. The prevailing question is when will one side say something the other really wants to hear. These negotiations have been going for a while, yet there hasn't been any kind of breakthrough to pave the way to a new collective bargaining agreement. Both sides know the lockout has inflicted a lot of damage on the sport that produced record revenues of over $3 billion last season. Every day of lost time is hurting everyone, and at some point owners and players will have to decide how much of the losses each side will have to absorb.

  23. Work Stoppages By Decade

  24. ~ Union Impact ~ Selection (e.g., applicant pool, process) Training (e.g., apprentice programs) Performance Evaluation (e.g., factors to be evaluated, frequency) Job Performance (e.g., scheduling of work, speed of production, type of work allowed)

  25. Contract Language Regarding Performance Appraisal Annual Evaluations: The performance of faculty, ... will be evaluated at least once (1) annually, .... Personnel decisions will take such annual evaluations into account, provided that such decisions need not be based solely on written faculty performance evaluations. Sources and Methods of Evaluation. (a) In preparing the annual evaluation, the person(s) responsible for evaluating the faculty member may consider, where appropriate, information from the following sources: immediate supervisor, peers, students, faculty member/self, other University officials who have responsibility for supervision of the faculty member, ... Observation/Visitation. The faculty member, if assigned teaching duties, will be notified at least two (2) weeks in advance of the date, time, and place of any direct classroom observation or visitation made in connection with the faculty member’s annual evaluation. (1) The proposed written annual evaluation, ... will be provided to the faculty member within thirty (30) days after the end of the academic term during which such evaluation will be made. The faculty member will be offered the opportunity to discuss the evaluation with the evaluator prior to its being finalized and placed in the faculty member’s evaluation file.

  26. Estimated Average Weekly Hours Worked in Manufacturing, 1830-1890 Year Weeks Report Aldrich Report 1830 69.1 1840 67.1 68.4 1850 65.5 69.0 1860 62.0 66.0 1870 61.1 63.0 1880 60.7 61.8 1890 60.0 Sources: U.S. Department of Interior (1883), U.S. Senate (1893)

  27. Some Key Events in U.S. Labor History

  28. ~ Ludloow Massacre ~ • Issues: • Union recognition • Increased wages • 8-hour work day (a state law that was • Hourly pay for dead work (no directly producing • coal) • A check weigh-man at all mines (to be elected • without interference from company officials) • The right to trade in any store they chose • Right to select their own living places and doctors • Enforcement of Colorado mining laws and the • abolition of the guard system that ran the camps • Striking miners lived in tent cities The miners were attacked by the Colorado National Guard

  29. Samuel Gompers, American Federation of Labor Jimmy Hoffa, Teamsters Union Ceasar Chavez, United Farm Workers Mary Harris (Mother Jones) Industrial Workers of the World John L. Lewis, United Mine Workers; Congress of Industrial Organizations Lech Wałęsa, co-founder of Solidarity, 1st Soviet bloc trade union

  30. List of Major Labor Laws

  31. Child Labor • During the 1800’s and early 1900’s, the use of child labor was relatively common --- • An estimated 2 million children between the ages of 10-14 were employed in 1900 • Long workdays were the norm, and the work was often dangerous • Why was the use of children so common? • Children were much cheaper to employ • They were generally easier to control

  32. Child Labor 1836 -- National Trades’ Union Convention make the first formal proposal for states to establish minimum ages for factory work 1836-- 1st state child labor law. Massachusetts mandates children less than 15 working in factories to attend school at least 3 months a year 1876 -- Working Men’s Party proposes abolishing the employment of children under the age of 14 1881 -- American Federation of Labor passes a resolution for states to ban children under 14 from employment 1904 -- National Child Labor Committee forms to campaign for federal child labor law reform 1936 -- Walsh-Healey Act passed. U.S. government will not purchase goods made by underage children 1938 -- Fair Labor Standards Act. Minimum ages of employment and hours of work for children regulated by federal law Bibb Mill, Macon, GA. 11 year old girl. Rhodes Manufacturing Co. N.C. Photos by Lewis Hine. See http://www.historyplace.com/unitedstates/childlabor/index.html Hughestown Borough Coal Co. Pittston, PA

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