Solution Manual for Labor Relations Process 11th
Edition Holley Ross Wolters 1305576209
9781305576209
Full download link at:
Solution manual: https://testbankpack.com/p/solution-manual-for-labor-relations-process-11th-editionholley-ross-wolters-1305576209-9781305576209/
Test bank: https://testbankpack.com/p/test-bank-for-labor-relations-process-11th-edition-holley-rosswolters-1305576209-9781305576209/
CHAPTER 5
Why and How Unions Are Organized Outline
I. Why Unions Are Formed
a. Work and job conditions
i. Alienation Theory: Employees seek collective action to relieve their feelings of alienation caused by division of labor and mechanized manufacturing under capitalist ownership
ii. Scarcity Consciousness Theory (Selig Perlman): employees unionize to protect jobs in a job-scarce labor market through work rules, apprenticeship programs, seniority layoff programs, and legislation to protect employees' job rights
iii. Wheeler Model of Union Formation: A two-stage process that involves (1) worker’s readiness to take some form of aggressive action and (2) that worker coming together with other workers to take some form of collective action
b. Employees' background and needs
i. Previous membership
ii. Parental attitudes and family experiences
iii. Needs for affiliation, status, and belonging
iv. Race positively associated with pro-union attitudes
c. Influences on Employees’ Votes for and against Unions (Exhibit 5.1)
i. Employee confidence that union will improve their personal situations
ii. Employee must be convinced of "union instrumentality" Factors include: social pressure, job satisfaction/dissatisfaction, and attitudes and beliefs about unions
d. Union challenge of organizing the diverse work force
i. Attraction of minorities, contingent, skilled, and part-time employees
ii. Part-time employees
e. Organizing professional employees
i. Compatibility of unionism with professionalism
ii. Pro: collective bargaining can achieve and maintain professional values
iii. Con: unionization is a rejection of key professional values
II. Activities of the Union in Organizing Employees
i. Initial interests in unionization employees dissatisfied with some work-related situation
ii. Employees begin process of unionization
iii. Roles of union organizers
iv. Changing workforce
v. Training of union organizers; AFL-CIO Organizing Institute (Exhibit 5.2)
vi. Union organizers identify problems and show employees how the union can assist in solving problems (see Exhibit 5.3)
vii. Rank and file intensive strategy yields higher win rates (see Exhibit 5.4)
III. Activities of the Company in Union Organizing
Must convince employees it deserves their support, or at least a second chance
Employer enters campaign with three distinct advantages
Favorable position during pre-election campaign
Use and effectiveness of employer tactics and practices: hiring lawyers, rumors, delays
i. Second chance strategy
ii. Use of consultants and attorneys
iii. Surface bargaining
iv. Illegal discharge is used by some employers when financial gains of keeping union out are greater than legal costs of law violation and reinstatement
v. Worker misclassification; employee vs independent contractor
vi. Employee rights under the NLRA
a. Unintended Consequences of Anti-Union Behavior
i. Employees’ fear of reprisals
ii. Stress effects to employees
IV. Methods of Organizing Unions (Exhibit 5.5)
i. Voluntary recognition; Card Check Procedure; neutrality agreement (Exhibit 5.6)
ii. NLRB directives (Gissel case)
a. NLRB Secret ballot elections (Exhibit 5.7 and 5.8)
i. Pre–NLRB-Election Union Campaigns
ii. Filing a Petition for the Election
iii. Election Investigation and Hearing; directed elections
iv. Appropriate Bargaining Unit; community of interests
v. Evaluation for appropriate bargaining unit
b. After the election
i. Unions fail to secure first contract 25 to 30 percent of the time
ii. Employers refuse or fail to bargain 13 percent of the time
iii. Increase in unfair labor practice charges
c. Duties of the Exclusive Bargaining Agent and Employer
d. After election loss by union (Exhibit 5.9)
e. Mandatory Secret Ballot Elections vs Employee Free Choice Act (EFCA)
i. Secret Ballot Protection Act
ii. Employee Free Choice Act
iii. Card check procedure (Exhibit 5.10)
V. Conduct of the representation election campaign (Exhibit 5.10)
a. Campaign Doctrines and NLRB Policies
i. Conduct doctrine: isolated incidents must be considered in light of entire campaign
ii. Analysis of data and conclusions
b. Captive audience–24-hour rule: speeches cannot be presented to employees during working hours within 24 hours of election
c. Polling or Questioning Employees
d. Distribution of union literature and Solicitation by Employees on Company Property
i. Banned in work areas at all times
ii. May not be disruptive to business (limited to nonworking time and areas), nor may literature include confidential company data
e. Showing films during Election Campaigns
i. Showing of films does not alone constitute an unfair labor practice
f. Use of E-Mail, Internet, and Social Media
i. NLRB upheld employer policy banning use of company e-mail system to support union organizing
g. New Union Strategies
i. Instituting cyberspace organization with the Internet
i. Union salts
ii. Corporate campaigns
iii. Strategic Organization Fund (Exhibit 5.11)
VI. Decertification Procedures
i. Fair treatment of employees by employers
ii. Poor job by unions (especially smaller unions) of providing services to members
iii. Inability of unions to negotiate an effective first contract after winning bargaining rights
iv. Striking employees having skills that can be readily replaced so that when a strike occurs, the employer hires replacements
v. Good Faith Doubt; Objective evidence (Exhibit 5.12)
vi. Raid elections
Discussion Questions
1. Refer to the reasons employees become members of unions to assess the means used by union organizers to meet these needs.
The reasons that employees become union members are alienation over work conditions; job scarcity consciousness (or concern over job security); dissatisfaction with job factors (low wages and unfair work rules); peer pressure; social or family backgrounds; lack of job opportunities; denial of involvement in decision-making processes (mostly white collar); and union membership resulting from contractual obligation (such as union shop agreement). Union organizers will appeal to employees to join the union and call to their attention job related concerns, interests and problems that could be resolved or alleviated through union membership. Exhibit 5-3 displays examples of work-related problems and employee concerns and shows what the union could negotiate in a labor agreement to address these problems and concerns.
2. Select an organization with which you are familiar, and determine the number of bargaining units that would be appropriate
The students may select the college or university, a business or any organization for which they work or have worked. Since there will be a multitude of student answers, the main purpose is that each bargaining unit determination considers the following relevant factors:
interests of employees and employer
community of interest
history of collective bargaining
transfers of employees
geography and physical proximity of work places
employer's administrative and territorial divisions
degree of separation of work or integration of work
3. Explain the contract bar doctrine. How would it influence the negotiation of the first labor agreement?
The contract bar doctrine specifies that a valid, signed agreement for a fixed period of one to three years will bar any representation election for the life of the agreement (a longer contract is still limited to three years).
The union will probably attempt to negotiate a three-year agreement in order to provide security for the union and to prevent any election during the three-year period. The company may resist any proposal for a three-year agreement, especially if it believes the union could be decertified after 12 months or it does not want to provide security to the union. On the other hand, the company may accept the three-year proposal in the interest of developing a more stable, mature labor relations climate.
4. Appraise the shifting positions of the NLRB on representation election campaigning.
Over the years, the NLRB has developed the totality of conduct doctrine, which considers specific incidents within the general circumstances of the campaign.
Earlier, the NLRB had established specific guidelines for employer and union speeches that interfere with employee rights to a fair election. Subjects considered include misrepresentation of fact, sources of the speaker, time of presentation, effect on the election, and employees' qualifications to evaluate statements. In 1982, the NLRB indicated that it would not probe into the truth or falsity of the union's or management's campaign statements. The Board would intervene in cases where one of the parties used forged documents. But, the Board concluded that today's employees are more educated and sophisticated than their historical counterparts.
5. Prescribe a "do" and "don't" list for supervisors involved in unionization campaigns so that they will not commit any unfair labor practices.
Students should be expected to develop their lists primarily from the content of the chapter; however, additional suggestions are permissible. Examples:
Do not
make threatening statements to any workers.
assign union advocates to less desirable jobs.
call employees together for a "captive audience" speech within 24 hours of the election.
interview employees about how they will vote in the election. Do
assure that employees continue to perform the work for which they were employed.
practice good supervision at all times.
treat all employees fairly and equitably regardless of their interest in the union.
follow management's directives about what to tell employees during the campaign.
6. Why do you believe employers are becoming more interested in decertification elections?
The following reasons are some reasons that may interest employers in decertification elections:
fairer treatment of employees by employers.
unions doing a poor job of providing services to their members (especially in smaller unions).
inability of union to negotiate an effective first contract.
striking employees who are union members replaced by nonunion employees
7. Explain the following statement: "It is not the union that organizes the employees; it is management."
This statement indicates that management frequently creates the climate or conditions that allow unions to convince workers they need union representation. In other words, it is often more difficult to organize workers who are employed in well-managed organizations. This does not mean that companies with unions representing employees are poorly managed. In fact, some companies become better managed after the workers join unions or when the workers show an interest in a union.
Please note that the unionization process is not a simple matter. However, the issue of whether poor management causes unionization should cause fruitful discussion.
8. What would be a good response from a union organizer for each statement in the Labor Relations in Action feature on page 239?
Objection
"Why should I join the union when I get exactly the same wages and benefits without joining?"
"I can't afford to join. I've got a family to support, and my check just isn't big enough [to cover union dues]."
"I don't believe in unions. They are too strong and powerful now to suit me."
Answer
You may get the same wages and benefits without joining, but without a strong majority, the union will be weak and all employees, including you, will be paid less. Together, we will be strong. The data show that union members earn more.
You can't afford not to join. Sure, you may save a little each month; but we all suffer for nonmembership in the long run.
Do you believe in democracy? Do you believe in employee rights? Do you believe in checks and balances between companies and union? If the answer is yes, then you believe in unions. They're not too strong and powerful. They may be examples of misuse of power, but by and large, union members are just like you and me. We form a common bond to achieve and protect our interests.
"I don't need a union. My employer is fair and will take care of me. Without a union I get along fine. What could the union get for me that I wouldn't have gotten anyway?"
"My husband (or other relative) doesn't like unions.”
Your employer may be fair now. Will he always be fair? Why is he fair? Is the distribution of resources equitable? Do you know? What are the facts? Do you need representation?
Why does your husband not like unions? Did he have a bad experience? Let me tell you about the good experiences. Higher wages, grievances subject to arbitration, better working conditions, improved pension, etc.”
"The union does not do anything for you [grievances are not settled satisfactorily]. I don't like the people who are running things in the union.”
"I can handle my own affairs. I can take care of myself. I'll make my own decisions. I do not intend to stay on this job forever; I'm looking for a promotion."
"My religion doesn't permit me to belong to any outside organizations."
"My boss doesn't believe in unions. I've seen what happens to union members."
If you don't like the people, vote them out. That's your right. If you are not a member of the union, you don't vote, but they still represent you that's the union's legal obligation
That's an admirable position. However, when it's you against a large employer, you are the lightweight, the employer is the heavyweight.
You ought to check your religious principles closely, but most religious beliefs are consistent with union principles.
Your boss may not believe in unions, but the law provides you the right to form unions and to join a
"I don't want anything to do with unions. They are all corrupt."
union if you wish. Furthermore, these rights are protected through our legal system.
Some unions are corrupt, but laws exist to protect against corruption. Only a very, very small number of unions are corrupt. In fact, the unions compare very favorably with other sectors, bank executives, business leaders, government officials, etc.
"I don't know enough about the local or the union movement."
"I'm not interested. I just don't want to join."
Let me give you this pamphlet about the beginning of unions, why they started, what they believe, and why they remain an intricate part of our system.
Come attend a meeting with me. Meet the members. They're just like us. They have families; they want their company to succeed; they want their children to be better off than they are; they want better results from their job
“I'll think about it. Maybe I'll join someday."
We meet next Tuesday at 7:00; I'll pick you up at your place. See you then.
9. Review the arguments for and against the Employee Free Choice Act and the Mandatory Secret Ballot Protection Act. How would you vote? Give your reasons.
The Employee Free Choice Act would have required card-check recognition which favors unions in the representation process but provides no safeguards for undue organizing pressure on employees. It also would have required arbitration of the initial collective bargaining contract which could remove the impetus for unions and employers to bargain for an agreement and simply wait for a third-party to decide.
The Secret Ballot Protection Act requires secret ballot elections that uphold the privacy rights of employees in the election process and guards against undue organizing and peer pressure that may be present in a “request” to sign an authorization card. Card-check recognition may be necessary when employers engage in egregious ULPS during the organizing process.
Exploring the Web
2.
4.
Students should use an internet search engine (e.g., Google) to locate the relevant web pages for these exercises. Specific URL address links for the exercises are not listed because they are rendered nonfunctional when link-associated web sites and pages are updated.
Suggested Readings and Term Paper Topics
1. How have "union-busting" techniques changed since the early 1900s?
Possible references:
Deshpande, S. P. (2003). Decertification Elections in Health Care: Some Recent Evidence. Health Care Manager, 22, 2, 108-121.
Deshpande, S. P. (2003).Labor relations strategies and tactics in hospital elections. Health Care Manager, 22, 1, 52-54.
Lawler, J. J. (1990). Unionization and deunionization: Strategy, Tactics, and outcomes. Columbia, S.C.: University of South Carolina Press.
Rechtschafen, S. D. (June, 1998). The new strategy of union organizing. HR Focus, 75, (6), 3-4.
Spognardi, M. A. (Autumn, 1998). Conducting a successful union-free campaign: A primer. Employee Relations Law Journal, 24, 35-51.
2. What do unions have to offer the worker today? Why do people vote for (or against) unions? Compare and contrast the Summers, Betton, and DeCotiis and the Gettman, Goldberg, and Herman models designed to explain why people do or don't want to be represented by labor unions.
Possible references:
Bronfenbrenner, K. (1997). The role of union strategies in NLRB certification elections. Industrial & Labor Relations Review, 50, 195-212.
Deshpande, S. P. (2003).Labor relations strategies and tactics in hospital elections. Health Care Manager, 22, 1, 52-54.
Davy, J. A., & Shipper, F. (Feb., 1993). Voter behavior in union certification elections: A longitudinal study. Academy of Management Journal. 36, (1) 187-199.
Gettman, J. G., Goldberg, S. B., and Herman, J. B. (1976). Union representation elections: Law and reality. N.Y.: Russell Sage Foundation.
Summers, T. P., Betton, J. H., & DeCotiis, T. A. (1985). Voting for and against unions: A decision model. Academy of Management Review, 11, 643-655.
Sweeney, J. J., & Kusnet, D. (1996). America needs a raise. Boston: Houghton-Mifflin.
3. Why do unions lose NLRB representation elections? Support your arguments.
Possible references:
Bronfenbrenner, K. (1997). The role of union strategies in NLRB certification elections. Industrial & Labor Relations Review, 50, 195-212.
Deshpande, S. P. (2003). Decertification Elections in Health Care: Some Recent Evidence. Health Care Manager, 22, 2, 108-121.
Hatfield, D. E. (1999). Diversification and win rate in NLRB certification elections. Journal of Labor Research, 20.
Kochan, T. A. (Ed.) (1985). Challenges and choices facing American labor. Cambridge, MA: MIT Press. Sandver, M. H., & Ready, K. J. (1998). Trends in and determinants of outcomes in multi-union certification elections. Journal of Labor Research, 19, 165-172.
4. It has been said that "a company that deserves a union gets one," suggesting that if proper leadership and motivation techniques are employed and desirable policies devised, the workers will not want to unionize. Either agree or disagree with this philosophy. Support your position.
Possible references:
Foulkes, F. K. (1980). Effective personnel policies: A study of large, nonunion employers. Englewood Cliffs, NJ: Prentice-Hall.
Jacoby, S. M. (2004). Employing bureaucracy : Managers, unions, and the transformation of work in the 20th century. Mahwah, N.J. : Lawrence Erlbaum.
Kaufman, B. E., & Stephan, P. E. (1995). The role of management attorneys in union organizing campaigns. Journal of Labor Research, 16, 439-454.
Lagerfeld, S. (November, 1981). The pop psychologist as union buster. The AFL-CIO American Federationist, 88, 6-12.
Fiorito, J., Lowman, C., & Nelson, F. D. (1987). The impact of human resource policies on union organizing. Industrial Relations, 26, 113 -126.
5. What are the causes and consequences of employee commitment (also called organizational commitment, company loyalty)? What effect do labor unions have on this commitment?
Possible references:
Barling, J., Wade, B., & Fullagar, C. (March, 1990). Predicting employee commitment to company and union: Divergent models. Journal of Occupational Psychology, 63, (1), 49-61.
Boyd, C. (1992). Individual commitment and organizational change. New York: Quorum Books.
Lucas, J. R. (1999). The passionate organization: Igniting the fire of employee commitment. NY: AMACOM.
Romzek, B. S. (September, 1989). Personal consequences of employee commitment. Academy of Management Journal, 32, (3), 649-661.
6. Should unions try to organize part-time workers? Why or why not? How are part-time workers different from full-time workers? How can a union tailor its approach to meet their unique needs?
Possible references:
Barker, K., Christensen, K. (1998). Contingent work: American employment relations in transition. Ithaca, NY: ILR Press.
Bergsman, S. (Sept., 1989). Part-time professionals make the choice. Personnel Administrator, 34, (9), 4952.
Fogen, J. H. (Feb., 1989). Labor unions: Don't count them out yet! Academy of Management Executive, 3, (1), 67-69.
Jacoby, S. M. (2004). Employing bureaucracy : Managers, unions, and the transformation of work in the 20th century. Mahwah, N.J. : Lawrence Erlbaum.
Zeytinoglu, I. U. (1990). Part time work in the education sector: A study of teachers in Ontario's elementary schools. Journal of Collective Negotiations in the Public Sector, 19, 319-337.
7. Interview a union official who is responsible for organizing new "locals" in the union. How do his experiences organizing locals correspond to and differ from the material described in the text?
8. What is "Surface Bargaining”? Is it a problem, or a part of U.S. Industrial Relations System that should remain unchanged? How is it related to decertification efforts by employers? Support your positions. Should the present industrial relations system be changed? If so, how? If not, why not?
Possible references:
Cooke, W. N. (1985). Union organizing and public policy: Failure to secure first contracts. Kalamazoo, Michigan: Upjohn Institute.
Sanyal, R. N. & Neues, J. S. (1992). A study of union ability to secure the first contract in foreign-owned firms in the USA. Journal of International Business Studies, 23, (4), 697713.
Schupp. R W. (June, 1991). When is a union not a union? Good-faith doubt by an employer Labor Law Journal , 42, 357-365.
Silverman, T. (Aug/Sept., 1988). The effect of a petition for decertification on the bargaining process: The reversal of Dresser Industries. San Diego Law Review, 25, (3), 581-608.
9. Suppose that you are a Human Resource Manager in a nonunion manufacturing facility. Recently, you have suspected that several job applicants are really union "salts." ("Salting" is when union organizers apply for jobs with nonunion firms in hopes of either getting hired and organizing a union or, if not hired, filing charges with the NLRB accusing the firm of discriminating against them because they are prounion.) You aren't eager to hire professional union organizers to work for you, but you don't want to run afoul of the law either. What, if anything, should you do? Write a paper, analyzing the issue of "salting," and offering and justifying your recommendations.
Possible references:
Castagnera, J. O. & Fine, C. R. (1999). Union salting since Town & Country: An analysis of new industry strategies. Labor Law Journal , 50, 264-274.
Lucas, M. D. (Winter, 1997) Salting and other union tactics: A unionist's perspective. Journal of Labor Research, 18, 55-64
McClenahen, J. S. (June 3, 1996). Watch the salt! Industry Week, 245, (11), 63-65.
Mello, J. A. (1998). Redefining the rights of union organizers and responsibilities of employers in union organizing drives. SAM Advanced Management Journal, 63, (2), 4-9.
10. Analyze the labor movement in Puerto Rico, with particular attention to union organizing there. How is union organizing different in Puerto Rico from the U.S. mainland?
Possible references:
Figueroa, H. (Nov., 1996). Puerto Rican workers: A profile. NACLA Report on the Americas, 30, 29-30. Luxner, L. (Oct., 2000). Puerto Rico: Life after Section 936. Global Finance, 14, 111-112.
Maust, J. (April 25, 1994). Teachers file suit over school-choice program. Christianity Today, 38, 42. Ness, I. (Jan., 2000). Organizing in Puerto Rico: Interview with Jose La Luz. Working USA, 3, (5), 135148.
Reyes, H. R. (Sept., 1998). Puerto Rican workers strike back. NACLA Report on the Americas, 32, 6-9.
11. Assume that you are a Human Resource Manager in a firm where the union has just filed a petition to schedule an NLRB-supervised union certification election. You are now writing a report to first-line supervisors ("foremen") on things they should do and say (and avoid doing and saying) as part of your firm's efforts to avoid becoming unionized. You especially want to avoid any unfair practice charges.
Possible references:
Deshpande, S. P. (2003). Labor relations strategies and tactics in hospital elections. Health Care Manager, 22, 1, 52-54.
Kaufman, B. E. & Stephan, P. E. (1995). The role of management attorneys in union organizing campaigns. Journal of Labor Research, 16, 439-454.
Peterson, R. B., Lee, T. W., & Finnegan, B. (1992). Strategies and tactics in union organizing. Industrial Relations, 31, 370-381.
Segal, J. A. (June, 1998). Unshackle your supervisors to stay union free. HR Magazine, 43, (7), 177-184.
12. In Canada, it is possible to have either union representation or "nonunion representation." How does the latter work? How does it differ from the former? Is this a system the U.S. should copy? Why or why not?
Possible references:
Kaufman, B. E. (Ed.) (2000). Nonunion employee representation: History, contemporary practice, and policy. Armonk, NY: M.E. Sharpe.
Taras, D. G. (Winter, 1999). Evolution of nonunion employee representation in Canada. Journal of Labor Research, 20, (1), 31-51. This entire issue of this journal may be relevant to this topic.
Taras, D. G., & Copping, J. (1998). The transition from formal nonunion representation to unionization: A contemporary case. Industrial and Labor Relations Review, 52, (1), 2244.
Troy, L. (1999). Beyond Unions and Collective Bargaining. Armonk, N.Y.: M. E. Sharpe.
13. Agree or disagree: Unions show the most growth in both members and wages during periods of economic growth and the most declines in members during economic recessions. Justify your position.
Possible references:
Ashley, T., & Jones, E. B. (1996). Unemployment, union density, and wages. Journal of Labor Research, 17, (1),173-183.
Bronars, S. G., Deere, D. R. (1993). Union organizing activity, farm growth, and the business cycle. American Economic Review, 83, 203-220.
Fiorito, J., Jarley, P., & Delaney, J. T. (1995). National union effectiveness in organizing: Measures and influences. Industrial & Labor Relations Review, 48, 613-635.
Haus, L. (2002). Unions, Immigration, and Internationalization: New Challenges and Changing Coalitions in the United States and France. New York: Palgrave Macmillan.
Juin-Jen, C., Ching-Chong, L., & Wen-Ya, C. (1998). A dynamic model of union membership and employment: A comment. Economica, 65, 145-151.
14. What are some innovative union organizing tactics that have been developed during the last 10 years? Do they work?
Possible references:
Fiorito, J., Jarley, P., & Delaney, J. T. (1995). National union effectiveness in organizing: Measures and influences. Industrial & Labor Relations Review, 48, 613-635.
Lloyd, J. (Aug. 16, 1996). A new generation, fit for the fight. New Statesman, 9, 30-31.
Milton, L. (2003). An Identity Perspective on the Propensity of High-Tech Talent to Unionize, Journal of Labor Research, 24, 1, 31-53.
Rechtschaffen, S. D. (June, 1998). The new strategy of union organizing, HR Focus, 75, (6). Shostak, A. B. (1991). Robust unionism: Innovations in the labor movement. Ithaca, NY: ILR Press.
15. Secure, via inter-library loan, a copy of one of the following videos dealing with union organizing. Does your chosen video agree with or contradict what you have learned about union organizing in this course? What was in the video that you had not covered in this course?
Possible videos: (1986). Who needs unions? McGraw-Hill Films. Durst, W. (1995). Ties that bind. Oakland, CA: California Working Group. Levitt, M., Gagala, K. L., & See, J. (1990). A dirty business. Labor Education Service, Industrial Relations Center, University of Minnesota - Twin Cities.
16. Using NLRB cases found in your university library (available either in print form or electronically, as with BNA's Labor and Employment Law Library (Weekly), analyze 70-100 cases involving allegations of employer threats during union organizing campaigns. Are most allegations substantiated, or dismissed? What types of threats are most common? Do such threats work? What are the NLRB penalties for making
threats? What factors seem to influence how the NLRB will decide the case? For example, does it make a difference if the threat is true?
Possible references:
Bronfenbrenner, K. (March, 1997). We'll close! Plant closings, plant-closing threats, union organizing, and NAFTA. Multinational Monitor, 18, (3), 8-13.
Segal, J. A. (June, 1999). Expose the union's underbelly. Fighting union organizing. HR Magazine, 44, (6), 166-167.
Truesdale, J.C. (2003). A Guide to Sources of Information on the National Labor Relations Board. Industrial & Labor Relations Review, 57, 1, 154-155.
17. Analyze the use of professional consultants by organizations as they seek to avoid unionization. What role do these consultants play? Is it legal? Is it ethical? How should unions respond to the challenge such consultants pose?
Possible references:
Deshpande, S. P. (2003). Labor relations strategies and tactics in hospital elections. Health Care Manager, 22, 1, 52-54.
Hindman, H. D. (1998). Determinants of public sector certification election outcomes: Evidence from Ohio. Journal of Collective Negotiations in the Public Sector, 27, 347-364.
Levine, M. J. (1990). Labor relations consultants, the bankruptcy loophole, concession bargaining, and two-tier wages: Recent labor trends or aberrations? Business and Society, 29, 29-38.
Phillips-Fein, K. (Sept., 1998). A more perfect union buster. Mother Jones, 23, (5), 62-65.
Taylor, D. (Nov. 1, 2000). Who you gonna call? A secretive new army of consultants is about to arrive from the U.S. Their mission: To help keep restless British workers in check. The Guardian, 2 & 10.
18. Analyze variations in union and employer campaign tactics in NLRB-supervised union certification elections. Do some tactics seem to produce favorable outcomes for the side that uses them? Support your position.
Possible references:
Bronfenbrenner, K. (1997). The role of union strategies in NLRB certification elections. Industrial & LaborRelationsReview, 50, 195-212.
Clyde, S., Seers, A., & Culpepper, R. (1996). Determinants of union election outcomes in the non-hospital health care industry. Journal of Labor Research, 17, (4), 701-716.
Deshpande, S. P. (2003). Labor relations strategies and tactics in hospital elections. Health Care Manager, 22, 1, 52-54.
Getman, J. G., Goldberg, S. B., & Herman, J. B. (1976). Union representation elections: Law and reality New York: Russell SageFoundation.
Shostak, A. B. (1991). Robust unionism: Innovations in the labor movement. Ithaca, NY: ILR Press.
19. Write a paper about union decertification elections. What causes attempted decertification? What role does the employer play? Workers? What factors seem to determine whether decertification efforts are successful?
Possible references:
Deshpande, S. P. (2003). Decertification Elections in Health Care: Some Recent Evidence. Health Care Manager, 22, 2, 108-121.
Devinatz, V. G., & Rich, D. P. (1996). Information, disinformation, and union success in certification and decertification elections. Journal of Labor Research, 17, 199-212.
Jelf, G. S. (1997). Union decertification research: Review and theoretical integration. International Journal of Control Management, 8, 306-338.
Lawler, John J. 1990. Unionization and Deunionization: Strategy, Tactics, and Outcomes. Columbia, SC: University of South Carolina Press.
Meyer, D., & Bain, T. (1994). Union decertification election outcomes: Bargaining unit characteristics and union resources. Journal of Labor Research, 15, 117-127.