Labor Relations: Striking a Balance

Title
Contents
PART ONE FOUNDATIONS
	1 Contemporary Labor Relations: Practices, and Challenges
		The Objectives of Labor Relations
		Isn’t Efficiency Enough?
		Conflicting Goals Mean Balancing Rights
		Contemporary U.S. Labor Relations
		Contemporary Pressures: The Management Perspective
		Contemporary Pressures: The Labor Union Perspective
		The Continued Relevance of Labor Relations
		Key Terms
		Reflection Questions
	2 Labor Unions: Good or Bad?
		The Labor Problem
		Four Schools of Thought about the Employment Relationship
		The Mainstream Economics School
		The Human Resource Management School
		The Industrial Relations School
		The Critical Industrial Relations School
		The Fundamental Assumptions of Human Resources and Industrial Relations
		The Continued Relevance of the Labor Problem
		Workplace Governance
		Solving Labor Problems
		What Do U.S. Unions Do?
		Evaluating the Effects of Unionism
		Theories of the Labor Movement
		Key Terms
		Reflection Questions
PART TWO THE U.S. NEW DEAL INDUSTRIAL RELATIONS SYSTEM
	3 Historical Development
		From Local to National Organizations
		The Great Uprising of 1877
		Uplift Unionism
		The Knights of Labor: Objectives and Strategies
		The Knights of Labor: Conflicts and Demise
		Pure and Simple Craft Unionism
		The AFL and Its Unions: Objectives and Strategies
		The AFL and Its Unions: Conflicts with Employers
		Workers of the World Unite!
		The IWW: Objectives and Strategies
		The IWW: Conflicts and Demise
		Staying Union-Free in the Early 1900s
		The Open Shop Movement
		Welfare Capitalism
		A New Deal for Workers: Legal Protection and Industrial Unions
		Striking for New Labor Legislation
		The Rise of Industrial Unionism
		Sitting Down for Union Recognition
		A New Federation to Rival the AFL
		Wartime and Postwar Labor Relations
		Cementing the Postwar Model of Labor Relations
		A Turbulent End to the 20th Century
		Labor Relations in the 21st Century
		Key Terms
		Reflection Questions
	4 Labor Law
		The Common Law of Labor Relations: Conspiracies and Injunctions
		The Business Law of Labor Relations: Unions as Corporations
		Keeping Courts out of Labor Relations: The Norris–LaGuardia Act
		Preludes to a National Policy
		Prelude 1: The National Industrial Recovery Act
		Prelude 2: The Railway Labor Act
		Prelude 3: The Amalgamated Clothing Workers
		Solving Labor Problems: The Wagner Act
		The Principles of the Wagner Act
		Exclusive Representation and Certifying Majority Status
		Unfair Labor Practices
		The National Labor Relations Board
		The First Years of the Wagner Act
		Rebalancing the System: The Taft–Hartley Act
		The Principles of the Taft–Hartley Act
		Taft–Hartley Restrictions on Unions
		Enhancing the Rights of Individuals and Employers
		New Dispute Resolution Procedures
		Fighting Union Corruption: The Landrum– Griffin Act
		Extensions to Government Employees: Public Sector Labor Law
		Labor Law in Practice: NLRB Decisions and Reform
		NLRB Decisions and Precedents
		Debating the Need for Labor Law Reform
		Postscript: The Rise of Employment Law
		Key Terms
		Reflection Questions
	5 Labor and Management: Strategies, Structures, and Constraints
		Labor Union Strategies
		The Traditional Collection of U.S. Union Strategies
		Alternative Union Strategies for the 21st Century
		The Structure of the U.S. Labor Movement
		Local Union Structures
		National Union Structures
		The Pros and Cons of General Unions
		National and International Union Federations
		Competing National Union Federations
		Union Democracy
		Management Strategies
		Business Strategies
		Labor Relations Strategies
		Labor Relations Strategies in Practice
		The Labor Relations Environment
		The Legal Environment
		The Economic Environment
		The Sociopolitical Environment
		The Ethical Environment
		Key Terms
		Reflection Questions
	6 Union Organizing
		The Organizing Time Line
		Initiating an Organizing Drive
		Building and Documenting Support
		Alternatives to Voluntary Recognition
		NLRB Representation Elections
		Types of Elections
		Getting the NLRB to Conduct an Election
		Determining the Appropriate Bargaining Unit
		The Supervisor Controversy
		Scheduling the Election
		Individual Voting Decisions
		NLRB Election Standards
		Employer Campaigning
		Communicating with Employees
		Employer Restrictions on Employees and Union Organizers
		Union Avoidance Consultants
		The Controversies over Employer Campaign Tactics
		Union Campaigning
		Communicating with Employees
		Strategies to Create Worker Activism
		The Certification Election Process: Help or Hindrance?
		Criticisms of the NLRA Certification Process
		Organizing Outside the NLRB Certification Process
		Is the Employee Free Choice Act the Answer?
		Key Terms
		Reflection Questions
	7 Bargaining
		Preparing to Bargain
		Bargaining Structure
		Bargaining Power and the Bargaining Environment
		At the Bargaining Table
		Labor Negotiations as Theater
		Negotiating Tools
		Bargaining in Good Faith
		Mandatory Bargaining Items
		Bargaining Subprocesses and Strategies
		Distributive Bargaining
		Integrative Bargaining
		Distributive versus Integrative Bargaining in Labor Relations
		Attitudinal Structuring
		Intraorganizational Bargaining
		Reaching Agreement
		Bargaining in the Public Sector
		The Contemporary Bargaining Process: Continuity and Change
		Key Terms
		Reflection Questions
	8 Impasses, Strikes, and Dispute Resolution
		Strikes and Lockouts
		Types of Strikes
		The Legal Treatment of Strikes
		National Emergency Strikes
		Picketing
		The Decline in Strike Activity
		Strike Replacements
		The Mackay Doctrine
		Replacement Workers in Unfair Labor Practice Strikes
		Replacement Workers in Lockouts
		Efforts to Ban Permanent Strike Replacements
		Other Pressure Tactics
		Boycotts
		Work Slowdowns
		Corporate Campaigns
		Third-Party Dispute Resolution
		Mediation
		Interest Arbitration
		Fact-Finding
		What’s Best?
		Key Terms
		Reflection Questions
	9 Contract Clauses and Their Administration
		U.S. Union Contracts
		Employee Rights and Obligations
		Job Rights and Obligations
		Union Rights and Obligations
		Union Security Clauses
		Union Obligations
		Management Rights and Obligations
		Grievance Procedures
		Rejecting Unilateral Grievance Resolution Methods
		The Typical Unionized Grievance Procedure
		The Uses of the Grievance Procedure
		Grievance Arbitration
		The Legal Support for Grievance Arbitration
		The Quasijudicial Nature of Grievance Arbitration
		Interpreting Ambiguous Contract Language
		Criticisms of Grievance Arbitration
		Employee Discipline
		Do These Contract Clauses Matter?
		Nonunion Workplace Dispute Resolution
		A Different Approach to Contract Administration
		Key Terms
		Reflection Questions
PART THREE ISSUES FOR THE 21ST CENTURY
	10 Flexibility, Empowerment, and Partnership
		Postwar Work Organization, Postwar Unionism
		20th-Century Mass Production Methods
		Job Control Unionism
		The Changing Nature of Work
		The Breakdown of the Mass Production Business Model
		The 21st-Century Organization of Work
		Flexibility
		Employee Empowerment
		High-Performance Work Systems
		Labor Relations Debates over Lean Production
		Labor Relations Debates over Self-Directed Work Teams
		Labor–Management Partnerships
		Fostering Improved Labor–Management Relationships
		Labor–Management Partnerships in Practice
		Challenges for Unions
		Employee Representation: Are Unions Required?
		Employer-Dominated Nonunion Committees
		Legal versus Illegal Committees and Representation Plans
		What Happens in Practice?
		Overcoming Resistance to Change
		Key Terms
		Reflection Questions
	11 Globalization
		The Debate over Globalization
		International Trade
		Foreign Direct Investment
		International Investment Portfolios
		Immigration
		Governing the Global Workplace
		Free Trade via the WTO
		The WTO’s Emphasis on Reducing Trade Barriers
		The WTO Supports Free Trade, Not Fair Trade
		International Labor Standards via the ILO
		Domestic Legal Compliance via NAFTA and Other U.S. Free Trade Agreements
		NAFTA’s Labor Side Agreement
		Extending the NAALC Model
		Transnational Employee Consultation in the European Union
		Policymaking in the European Union
		European Works Councils: Definition and Operation
		European Works Councils in Practice
		Transnational Collective Bargaining
		Institutions for Fostering International Labor Solidarity
		International Labor Solidarity in Practice
		Corporate Codes of Conduct
		The Origins of Corporate Codes of Conduct
		Do Corporate Codes of Conduct Work?
		International Management
		Globalization: Economics and Ethics
		Key Terms
		Reflection Questions
PART FOUR REFLECTION
	12 Comparative Labor Relations
		Canada
		Mexico
		Great Britain
		Ireland
		France
		Germany
		Sweden
		Eastern Europe
		Australia and New Zealand
		Japan
		Asian Developing Countries
		Bargaining or Legislating Labor Standards?
		Globalization Reconsidered
		Key Terms
		Reflection Questions
	13 What Should Labor Relations Do?
		What Should Unions Do?
		Solidarity Unionism
		Social Movement Unionism
		Efficiency-Enhancing Unionism
		Employee Ownership Unionism
		Employee Empowerment Unionism
		Associational Unionism
		What Should Companies Do?
		The Future Of U.S. Labor Relations Policy
		Strengthening the NLRA
		Deregulating the NLRA
		Loosening the NLRA
		Transforming the NLRA
		Strategic Labor Relations and Leadership
		Striking a Balance
		Key Terms
		Reflection Questions
Appendix A The National Labor Relations Act (1935, as Amended)
	The Wagner Act: Findings and Policies
	The Taft–Hartley Act: Short Title and Declaration of Policy
	The National Labor Relations Act (as Amended)
	Title II
	Title III
	Title IV
	Title V
Appendix B Universal Declaration of Human Rights (United Nations, 1948)1
Appendix C A Sample NLRB Decision
Appendix D Collective Bargaining Simulation: The Zinnia and Service Workers Local H-56
Name Index
Subject Index