Labor Relations

Labor relations are defined as, "the interaction between a company's management and its employees encompassing Representation, Collective Bargaining and Grievances" (National Mediation Board, n.d.). Employees have the right to form unions which bargain for the employees collectively. A union can bargain with an employer about wages, hours, benefits, and working conditions. Unions also have the right to address grievances between all employees (union or not) and employers.Once an organization is unionized, the union effectively controls all aspects of its members work experience. There can be several unions representing different communities of interest and not all job descriptions need to be unionized. Generally, exempt employees are not covered by union contracts, but in some cases professional unions exist (i.e. the Musician's Union, the Screen Actors Guild).

The process of unionization has several steps. First, employees determine if they are going to form their own union or affiliate with and existing union. They then need to determine the level of interest, and "if more than 30% of the employees sign "authorization cards", a union will ask the local National Labor Relations Board (NLRB) to hold a secret ballot election" (FreeAdvice, n.d.). A period of campaigning by both sides is allotted before the secret ballot takes place. If a majority of employees vote for representation, the union is certified by the NLRB.

The secret ballot is under attack by union leaders since the Democrats took control of Congress in 2006. Unions cite studies showing intimidation and firing of employees wanting to unionize. Unions prefer a system called "card-check," which uses authorization cards signed by workers in place of secret balloting. UnionFacts.com cites cases of abuse of the card-check system and congress has held hearings regarding this. Another noteworthy fact is unions are against using the same card-check procedures for decertification.

Several independent reports which call into question the accuracy of these union statistics. One report (Wilson, 2007), shows only 2.7% of workers are fired illegally during organizing campaigns. This is in stark contrast to the 30% cited in the landmark Cornell University study. Wilson also disputes the Cornell findings which state a staggering 49% of organizations threatened to close or move operations when faced with union organization. The flaws pointed out in the study are the result of interviews with union leaders not NLRB statistics. The Cornell study was also authored by a former union organizer whose department received almost $580,000 in union funding.

Employees can also have the option to decertify the union if they determine the union is not meeting their needs. "In 2004, workers successfully decertified poor representation in 65 percent of decertification elections, according to cases closed by the NLRB," (UnionFacts.com, 2007).

Unionization changes the way organizations need to look at human resources. Usually, strict wage plans, hiring rules, and defined benefits are all mandated by contract. In every state, unions represent all workers of a particular job type with no opting out of representation. 22 states are right to work, but even in those states, like the 28 who are not right to work, an employee is bound by union representation. The 28 union states require an agency fee, payable to the union, if an employee does not want to join. In both cases, the non-union employee has no vote in union matters.

Employees are guaranteed the right to form unions for collective bargaining (and are encouraged to do so) by the National Labor Relations Act of 1935. The NLRA was enacted in the midst of the depression to "protect the rights of employees and employers, to encourage collective bargaining, and to curtail certain private sector labor and management practices, which can harm the general welfare of workers, businesses and the U.S. economy" (National Labor Relations Board [NLRB], n.d.).

If the collective bargaining agreement is broken, a grievance can be filed. The procedure for filing a grievance is set out in the bargaining agreement. Grievances can be filed against both employer and the union and procedures exist for both types of complaints. Are Unions Still Relevant in the United States? Currently much debate on the relevancy of unions in the United States exists. Unions argue the benefits they provide improve the entire workforce, not just union employees. Critics on the other hand, can point to independent studies which show not only the lack of relevance, but also increased corruption and suppression of wages for non-union members.

Unions are losing members every year and certainly part of the reason is the loss of relevancy and lack of understanding union leaders have of the political positions of rank and file members. Unions claim to represent workers who would be exploited without union protections. Most of these protections have been taken care of by existing federal law. Child labor, minimum wage, social security, and workplace safety are all issues in which the union has little to no say. The one area unions still have influence over is politics. They are among the only nonprofit organizations with special exemptions allowing not only contributions to political candidates, but the ability to send propaganda at union members' expense supporting candidates (which are almost exclusively Democrat).

With an ever increasing global market threat, unions have priced themselves out of business. Rather than let the free market prevail, artificial wage standards are set. Unions also protect many underperforming employees. Perhaps the most controversial union policy is the legalized robbery of its members through dues.

Polling data from the 2004 election showed 38% of union members voted for George Bush, while 95% of union funds went to John Kerry. 55% of union members polled wanted a choice in where to invest social security taxes. Union officials spent millions of union members' dues fighting this choice (UnionFacts.com, 2007).

FreeAdvice (n.d.). How do you unionize a workplace?. Retrieved January 2, 2008, from http://employment-law.freeadvice.com/employment-law/unionize_workplace.htm

National Labor Relations Board (n.d.). National labor relations act. Retrieved January 3, 2008, from http://www.nlrb.gov/about_us/overview/national_labor_relations_act.aspx

National Mediation Board (n.d.). Definitions. Retrieved January 2, 2008, from http://www.nmb.gov/helpdesk/helpdesk_definitions.html

UnionFacts.com (2007). Kicking out your union. Retrieved January 2, 2008, from http://www.unionfacts.com/articles/memberDecertification.cfm

Wilson, J. J. (2007, June). Union math, union mythsAn analysis of government data on employees firedduring union organizing campaigns. Retrieved January 3, 2008, from http://www.unionfacts.com/downloads/Union_Math_Union_Myths.pdf