In recent times, there has been a gradual decline
in the number of
employees belonging to a union.
If the employee belongs to the union, his/her employment
relationship is pretty much covered by their collective
bargaining agreement.
The Labor-Management Relations Act (LMRA), also called
the Taft- Hartley Act, regulates the activities and
outlines the rights of unions, employers, and employees,
and prohibits certain unfair labor practices.
The basic purpose of the Act was to provide a balance
of bargaining power between employers and employees
by allowing employees to organize and bargain collectively
and also to impose certain restrictions on how far
unions can go in organizing a company’s employees.
The law is enforced by the National Labor Relations
Board (NLRB). The claims of violation of the LMRA
are filed with the NLRB. If after investigation the
charges are found true against the employer or the
union for committing unfair labor practices, the NLRB
has the right to order a ceasing of such activity,
and also to ask them to take remedial actions to fix
the situation.
If the employee is part of the union, his/her employment
relationship regarding wages and hours, work schedules,
bonuses, seniority, vacations, insurance plans, physical
examinations, retirement-pension plans, work rules,
safety rules, lunch and coffee breaks, discipline,
and discharge, along with grievances, are regulated
by union contract.
If the union employee has a problem at the workplace,
he/she should consult the union representative, and
the union will decide whether the employee has a reasonable
complaint.
If the complaint is genuine, the union will file
a grievance on the employee’s behalf. The hearing
of the complaint will be based on the collective bargaining
contract. However, if the employee is not satisfied
or pleased with the result, he/she can proceed on
his/her own.
Under LMRA, union and non-union employees have the
following rights:
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To join a union. |
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To bargain collectively through
representatives of their own choosing, |
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To participate in activities,
such as strikes and picketing. |
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Employees, if not bonded by
a collective bargaining agreement to join the
union, can refuse to take part in any of the activities
mentioned above. |
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Employers cannot refuse to
bargain in good faith with the union that is the
recognized representative of employees. |
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Employers cannot discriminate
against employees who are paid union organizer. |
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Employers cannot prohibit the
distribution of union literature by any employee
in non-working areas and during non-working hours, |
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It is illegal if the employer
decreases or threatens to decrease wages or withdraw
privileges when faced with the union organization
campaign. |
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It is unfair to increase or
promise to increase wages or improve conditions
while the union is trying to organize workers. |
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Employers do not have the right
to ask an employee’s opinion of the union,
unless they are expressively trying to determine
that the union actually has the majority support
it claims to have. |
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Employers are prohibited from
spying on or eavesdropping on employees’
union activities. |
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Employers cannot discharge
or discipline employees for filing charges under
the LMRA or for testifying in proceedings conducted
under the Act. |
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If employees are part of the
union, they have the right to have the union representative
present at any meeting with management, in case
there are chances of disciplinary action taken
against them for any reason. |
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Employees have the right to
be told beforehand the issue to be raised at the
meeting, so they can discuss it union representatives. |
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Employers cannot blacklist
employees because of union activity. |
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Employers cannot ask employees
about past union membership. |
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Employers cannot refuse to
discuss the employee’s grievances with the
authorized union representative. |
However, the union cannot force the employer to reprimand
a particular employee who does not support the union.
Unions are subject to Title VII of the Civil Rights
Act of 1964, and it is illegal for the union to discriminate
against the participant on the basis of race, sex,
age, handicap, national origin, or religion. Employers
have the right to close their place of business and
not allow employees to work, to resolve a labor dispute
in their favor.
