What Is a Union in a Workplace?
In 1935, Congress passed the National Labor Relations Act, NLRA, also known as the Wagner Act, named after the sponsoring senator. This law set the guidelines allowing workers to form groups and negotiate as a group with their employers regarding the terms of their employment. Union membership has changed over the years, but workers still retain that right to collectively bargain with their employers.
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Collective Bargaining
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Collective bargaining is when a union negotiates with the employer concerning wages and salaries, as well as working conditions. Selected union members meet with a certain managers and negotiate the details of the agreement, or contract. Worker pay is obviously a cornerstone of these negotiations, but working conditions, such as the length of the work day or the number of allowed breaks, are negotiated. Public sector unions, by law, may be more limited in some parts of the negotiations by law.
Types of Shops
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Workplaces have different requirements for their workers with respect to union membership. An open shop means that workers do not have to be a part of a union to work at the place of employment. A closed shop means that a worker must be a union member to be hired. Closed shops were made illegal with the Taft-Hartley Act, passed in 1947. A union shop is where a worker is required to join the union when hired after a certain time period has passed. Open or union shop status is usually determined by the contract.
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Arbitration and Mediation
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As with any contract, disagreements can happen. The law provides for a specific way for these union-management disagreements to be handled outside of the court system: mediation and arbitration. Mediation is when an impartial third party works to help both sides reach an agreement. If the mediator fails, arbitration may be necessary. Both sides meet with an arbiter or board of arbiters, and present their case. The arbiter issues a ruling after hearing the facts, which is generally binding on both parties.
Strikes
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The biggest weapon in the union arsenal is by far a strike, or work stoppage. Strikes are commonly used when both sides are unable to make progress toward an agreement that they consider fair. The union may call a strike to encourage management to make concessions. Management must continue operating their business, and it is difficult to do this when the workers are on strike. A lock out is similar to a strike, but it is originated by management, who tell the union employees not to come to work, expecting the involuntary loss of wages to encourage union workers to negotiate.
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