Question

Identify and describe the major tactics used by unions and management when collective bargaining efforts break down.

Answer 1

Collective bargaining is the method of negotiating between the company and employers to settle a variety of issues, including salaries, hours, plant and safety rules, and grievance procedures. It is called "collective bargaining" because, collectively, the union employees negotiate with you through members of the union. By statute, each party is obligated to negotiate in good faith, which generally means honesty and equality. Negotiating a new contact begins several months before expiry of the old one. Both sides set out their arguments, usually starting far apart to give plenty of room for negotiation to each side. If all succeeds, both sides must come together to sign a new contract. Negotiations can heat up. The dispute can be referred to arbitration when they hit an impasse, but it is not binding. If the union is not pleased, a strike may be resorted to.

Issues such as salaries, hours and working conditions are subject to an economic strike. We are at risk of losing their jobs if employees join in an economic protest. You can hire and even retain replacement workers after the strike has ended. Terminated ex-strikers may apply for employment unconditionally, but you are not expected to re-engage them. While an economic strike is a powerful union weapon, the union may be weakened by its use. Not only can employees lose their jobs, but there may be little interest in joining the union from the replacement workers.

If workers strike to protest the company's unfair labor practices, they maintain their position as employees and their right to be restored at the conclusion of the strike. At the conclusion of the strike, temporary workers employed during the strike will be stopped. Unless, during the strike, a worker seeks full-time employment, he is not entitled to reinstatement. If strikers engage in any unfair practices, including threatening workers crossing the picket line or acts of violence, when the strike ends, they will lose their right to work.

Labor law also places restrictions on your company. You have to bargain with a union representing the employees. It must sign any contract that has been reached with its union and can not make any prior activity subject to negotiation. Employers are unable to retaliate against union workers who make grievances against them, nor are they able to discriminate against any worker for their union activities. It is also an unfair labor practice to fail to maintain safe working conditions. The National Labor Relations Board may have legal implications if you fail to fulfill its regulatory obligations.