Labor Relations and Collective Bargaining : Cases, Practice, and Law

by Carrell, Michael R; Heavrin, Christina

• ISBN13: 9780131868724
• ISBN10: 0131868721
• Edition: 8th
• Format: Paperback
• Copyright: 2010-01-01
• Publisher: Pearson College Div

Summary

As the workplace changes, so do the processes of collective bargaining and labor relations. Authors Michael R. Carrell and Christina Heavrin examine the changes, issues, and complications characteristic of this environment as well as effective methods for negotiating. The text discusses key terms, practices, laws, sections of actual arbitration cases, and decisions of the National Labor Relations Board and courts that illustrate and emphasize important contemporary issues. Coverage of both public-sector relations and international collective bargaining issues is integrated throughout.

Table of Contents

Preface	p. xiii
Labor Relations Overview	p. 1
History and Law	p. 1
The Roots of the American Labor Movement	p. 3
Growth of National Unions	p. 6
Early Judicial Regulation	p. 19
Pro-Labor Legislation	p. 25
The Creation of a National Labor Policy	p. 27
Public-Sector Collective Bargaining	p. 36
Summary	p. 43
Interfering with the Employee's Right to Unionize	p. 45
Discriminating Against Union Members	p. 46
You Be the Arbitrator: Should an Employee's File Be Expunged?	p. 48
Exercise: Sources of Labor Relations Information	p. 49
Challenges and Opportunities	p. 51
Workplace Changes	p. 53
The Challenges	p. 59
The Opportunities	p. 63
Employee Teams	p. 70
Why Unionize?	p. 77
Unions Today	p. 82
Unions in Professional Sports	p. 83
Workforce Diversity	p. 91
Summary	p. 99
Job Performance	p. 101
Company Unions	p. 102
You Be the Arbitrator: Can a "Just Cause" Standard Be Satisfied Without Proving Fault?	p. 103
Exercise: Attitudes Toward Unions	p. 104
The Collective Bargaining Process	p. 107
Establishing a Bargaining Unit	p. 107
What Is Collective Bargaining?	p. 109
The National Labor Relations Board	p. 110
Bargaining Unit Determination	p. 114
Bargaining Unit Determination in the Public Sector	p. 123
Union Structure	p. 124
Public-Sector Unions	p. 131
Representation Elections	p. 132
The Organizing Drive	p. 132
Union Security	p. 147
Individual Rights Within Unions	p. 153
Summary	p. 155
Duty of Fair Representation	p. 156
Employer's Unlawful Assistance to Union	p. 156
You Be the Arbitrator: "Just Cause" for Termination	p. 158
Exercise: Certification Election	p. 159
Unfair Labor Practices	p. 161
Organizational Campaigns	p. 164
Union Organizing Strategies	p. 167
Union Avoidance Strategies by Management	p. 169
Unfair Labor Practices by Employers	p. 178
Unfair Labor Practices by Labor Organizations	p. 185
Duty to Bargain in Good Faith	p. 187
Duty to Furnish Information	p. 190
The Authority of the NLRB	p. 191
Unfair Labor Practices in the Public Sector	p. 197
Summary	p. 199
Unfair Labor Practice by an Employer	p. 201
Unfair Labor Practice by a Union	p. 202
You Be the Arbitrator: Bereavement Leave	p. 203
Exercise: What Do You Really Know About Organizational Campaign Unfair Labor Practices?	p. 204
Negotiating an Agreement	p. 206
The Bargaining Process	p. 208
Bargaining Techniques	p. 227
Impasse	p. 234
Bargaining in the Public Sector	p. 250
Summary	p. 258
Surface Bargaining	p. 260
Surface Bargaining	p. 261
You Be the Arbitrator: School Bus Drivers	p. 264
Exercise: Develop Your Own Negotiating Skills	p. 265
Cost of Labor Contracts	p. 271
Wage and Salary Issues	p. 271
Union Wage Concerns	p. 276
Management Wage Concerns	p. 281
Negotiated Wage Adjustments	p. 286
Wage Negotiation Issues	p. 299
Wage Surveys	p. 304
Costing Wage Proposals	p. 305
Union Wages and Inflation	p. 310
Public Employee Wage and Salary Issues	p. 311
Summary	p. 314
Premium Pay Rates	p. 315
Incentive Pay	p. 316
You Be the Arbitrator: Scheduling Saturday as Part of the Workweek	p. 318
Exercise: Wage Provisions	p. 320
Employee Benefits Issues	p. 321
Concession Bargaining	p. 323
Required Benefits	p. 327
Negotiated Benefits	p. 328
Income Maintenance Plans	p. 329
Health Care	p. 338
Pay for Time Not Worked	p. 344
Premium Pay	p. 351
Employee Services	p. 354
Public-Sector Benefits Issues	p. 358
Summary	p. 359
Paid Leaves of Absence	p. 360
Employee Benefits	p. 361
You Be the Arbitrator: Not Working a 40-Hour Week	p. 362
Exercise: Flexible Benefit Decisions	p. 364
Job Security and Seniority	p. 365
Job Security	p. 366
Seniority	p. 368
Calculation of Seniority	p. 369
Promotions	p. 375
Layoff and Recall Rights	p. 377
Advanced Notice of Shutdown	p. 380
Shared Work	p. 381
Determining Ability	p. 381
Company Mergers	p. 383
Successorship	p. 390
Employee Alcohol and Drug Testing	p. 392
Public-Sector Security Issues	p. 398
Summary	p. 403
Relocating Work Without Bargaining	p. 404
Drug Testing	p. 407
You Be the Arbitrator: Subcontracting Work or Union Busting?	p. 409
Exercise: Merging Seniority Lists	p. 410
The Labor Relations Process in Action	p. 413
Implementing the Collective Bargaining Agreement	p. 413
Reducing an Agreement to Writing	p. 414
Contract Enforcement	p. 421
Rights and Prohibited Conduct	p. 433
Public-Sector Contract Enforcement Issues	p. 442
Summary	p. 443
Contract Interpretation	p. 445
Duty to Bargain	p. 446
You Be the Arbitrator: Reassignment of Job Duties	p. 447
Exercise: Provisional Intent	p. 449
Grievance and Disciplinary Procedures	p. 450
Sources of Employee Grievances	p. 455
Steps in a Grievance Procedure	p. 457
Functions of Grievance Procedures	p. 459
Employee Misconduct	p. 461
Disciplinary Procedures	p. 466
Grievance Mediation	p. 470
Public-Sector Grievance Issues	p. 471
Summary	p. 473
Insubordination of a Police Officer While in Pursuit of a Stolen Vehicle	p. 474
Grooming Standards at Southwest Airlines	p. 474
You Be the Arbitrator: Employee Writing Threats	p. 475
Exercise: Source of Grievances	p. 477
The Arbitration Process	p. 478
History and Legal State of Arbitration	p. 480
Arbitration of Statutory Rights in Union and Nonunion Cases	p. 482
Types of Arbitration	p. 484
Selecting the Arbitrator	p. 487
Determining Arbitrability	p. 492
Hearing Procedures	p. 493
Case Preparation	p. 496
Contractual Issues	p. 497
Arbitration Issues in the Public Sector	p. 508
Summary	p. 511
Drug and Alcohol Testing	p. 513
Arbitrability	p. 514
You Be the Arbitrator: Alleged Theft of Company Property	p. 515
Exercise: Use of the Arbitration Process	p. 516
Comparative Global Industrial Relations	p. 517
Globalization	p. 519
World Wide Labor Movement	p. 524
International Labour Organization	p. 529
Anglophone Countries	p. 532
European Union Nations	p. 538
Far East	p. 558
Summary	p. 566
Insider Trading by Union Official	p. 568
You Be the Arbitrator: Minimum Wage	p. 570
Exercise: Attitudes toward Unions	p. 572
Texts of Statutes	p. 573
National Labor Relations Act	p. 573
Labor-Management Relations Act	p. 590
Endnotes	p. 603
Glossary	p. 627
Photo Credits	p. 644
Index	p. 645
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