UNIT II STUDY GUIDE History and Laws: Public vs Private Labor Relations Course Learning Outcomes for Unit II Upon completion of this unit, students should be able to: 3. Appraise the development and growth of national unions. 4. Evaluate the implementation of the public employee contract. 8. Analyze the history of equal employment legislation addressing race, ethnicity, and gender. Reading Assignment Chapter 2: Private Sector Labor Relations: History and Law Chapter 3: Public Sector Labor Relations: History and Law Unit Lesson Now that you have a general understanding of labor relations, this unit will provide more insight into the development of labor unions, laws that impact labor unions, and the differences and similarities among private and public labor relations. There is a great amount of history that surrounds unions. When discussing unions, many people do not know the history behind unions and automatically gain a negative or positive perception of unions. Labor unions have been around in the private sector for many years—since the late 18th century in America. The labor union movement can be viewed as a portrait of individuals in America struggling to simply survive. One significant event which occurred that had a major impact on Americans struggling to simply survive was the Great Depression. This had a horrific effect on the unions. After about a 13-year depression, the job market began to see growth. As the job market began to grow, the power struggle began. Questions such as, who has the right to dictate what should and should not be done, who has the right to make decisions about work hours and pay, and what power do owners have over the employees, started being asked. What seemed to be simple questions, eventually led to employees joining together to form what we know today as labor unions. The unions would focus on wages, work hours, and job security. Although forming unions appeared to be the answer, there were still power struggles. Some of the struggles faced revolved around the legal guidelines and governing units. This struggle is what leads to the creation of various Acts. Please pay close attention to Table 2-1, on pages 58-59, in your textbook. It provides a chronological list of the most significant events in U.S. Labor Relations. Although all of these events impact labor unions, close attention will be given to some events more than others. Some of the events that we will pay close attention to include:     The Norris-LaGuardia Act of 1932: This act limits the judge’s ability to issue injunctions in labor disputes. This is the first major act to encourage union activity. The National Industrial Recovery Act of 1933: This act was declared unconstitutional in 1935 and congress enacted the Wagner Act. The Wagner Act: This was a major step in union formation that gave employees the right to collective bargaining. It is also known as the National Labor Relations Act (NLRA). The National Labor Relations Board was created to oversee the provisions set forth by the Wagner Act. The Taft-Hartley Act (1947): This act was created due to public opinion strongly against the amount of power the unions had and their aggressiveness. This amended the Wagner Act. The Taft-Hartley Act adds some balance to employers and unions. Restrictions were placed on what unions could and BHR 4350, Collective Bargaining 1   could not do in good faith. UNIT x STUDY GUIDE AFL-CIO Merger: The merger of the AFL and CIO occurred in 1955. Title The Landrum-Griffin Act: This act was passed in 1959. It is known as the Bill of Rights. This governs what information the union can report and disclose to employers (Carrell & Heavrin, 2013). Although, in the 1800s and early 1900s, things were not as equal and diverse as they are now, as workforce diversity was still an issue for some. In the past, the labor movement had a number of opportunities to seek out these groups. For African Americans, this time was during abolition and the 1960s Civil Rights Movement. For women, this time was during the Suffrage Movement and the various stages of the women’s movement. For immigrants, this time was at the turn of the 20th century and after World War I (Carrell & Heavrin, 2013). These groups formed various alliances, which were utilized to set some guidelines/standards. Some that will be discussed in this unit include: National Colored Labor Union, Maryland Freedom Union, Mississippi Freedom Labor Union, Women’s Trade Union League, Coalition of Labor Union Women, and Immigration Acts of 1921 and 1924 (Carrell & Heavrin, 2013). There is a great amount of history that impacts unions today in both the private and public sector. As with the private sector, the history of federal public sector collective bargaining dates back as far as 1871; however, widespread unionization in the public sector did not really develop until the 1960s and 1970s. This is the era in which many are familiar with in terms of unionization. Many of you may recall the Executive Order 10988, which grants federal employees limited collective bargaining rights. State and local government employees must seek state and local legislation for their bargaining rights. Although there were noted challenges among private sector unionization and collective bargaining, public sector collective bargaining has many challenges. Some of the challenges include government involvement, and type of organization; some states have Rightto-Work laws, and there is the question of if there are true benefits, especially with many public organizations seeking to privatize. Many of you have heard the word “strike” before. Along with unionization, this word can be used as little or as often as the union members see fit. There are noted circumstances that give employees the right to strike. Public sector employees with a collective bargaining agreement are allowed the right to strike for various reasons. When working in public sector the right to strike is prohibited. Generally when public employees threaten to go on strike it is to force legislation to come to terms at the bargaining table. This puts pressure on legislation because they do not want the public services to be halted. You will receive more information about bargaining in Unit III. Reference Carrell, M. R. & Heavrin, C. (2013). Labor relations and collective bargaining: Private and public sectors (10th ed.). Upper Saddle River, NJ: Prentice Hall. Learning Activities (Nongraded) Nongraded Learning Activities are provided to aid students in their course of study. You do not have to submit them. If you have questions, contact your instructor for further guidance and information. Read YOU BE THE ARBITRATOR: Management Rights on pages 76-78 of your textbook. After reading the case, answer the following questions: 1. As arbitrator, what would be your award and opinions in this arbitration? Please explain. 2. Identify the key, relevant section(s), phrases, or words of the collective bargaining agreement (CBA), and explain why they were critical in making your decision. 3. What actions might the employer and/or the union have taken to avoid this conflict? BHR 4350, Collective Bargaining 2
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