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02-Oct-2016 06:49

P.] Stevens is directed by Alinsky's gospel, "Pick the target, freeze it, personalize it, and polarize it."[120] [121] [122] [123] * When unions succeed in pressuring employers to forgo an NLRB secret ballot election, they typically conduct "card check" campaigns in which union organizers lobby employees to sign cards accepting a union. Gissel Packing Company that card check campaigns are "admittedly inferior to the election process," but they can still "adequately reflect employee sentiment" and are not banned by federal law.[128] * For federal, state, and local political elections, all U. states have banned ballots that are not cast in private and do not reveal all the available choices. states and numerous Western democracies banned party ballots and enacted the following three requirements: * With regard to union organizers pressuring employees to sign cards, the Gissel court wrote that the "same pressures are likely to be equally present" in card check campaigns as secret ballot elections, because "election cases arise most often with small bargaining units" where "virtually every voter's sentiments can be carefully and individually canvassed."[136] * The Gissel ruling did not apply a different standard to large bargaining units, and it drew no distinction between the pressures of the following two scenarios: * The Gissel ruling also stated that if union organizers collect employee signatures for a card check campaign without telling employees what the cards mean, the signed cards are still valid. There is certainly more potential for organizational slack and hence a positive shock effect from voice--but this also means more potential for muscle forms of voice for purposes of rent seeking. The inequality of bargaining power between employees who do not possess full freedom of association or actual liberty of contract, and employers who are organized in the corporate or other forms of ownership association substantially burdens and affects the flow of commerce, and tends to aggravate recurrent business depressions, by depressing wage rates and the purchasing power of wage earners in industry and by preventing the stabilization of competitive wage rates and working conditions within and between industries. Such rules forbid a foreman to do any production work, whether taking the place of a worker who goes to a restroom, repairing a tool, or helping when the work falls behind. Thus, the finding that more heavily unionized industries have higher union wages could in part reflect organizing incentives rather than the effects of union coverage per se. Congress was of the view, that, as Senator Taft stated, "[t]he fact that the employee will have to pay dues to the union seems … The important thing is that the man will have the job." 93 Cong. [508] Book: The Labor Relations Process (9th edition). Antitrust economists used to treat the transfer of wealth from consumer to monopoly producer as completely costless to society, on the theory that the loss to the consumer was exactly offset by the gain to the producer.

The same standard applies to decertifying a union.[200] * Federal law gives the Federal Labor Relations Authority (FLRA) the authority to conduct union certification and decertification elections for federal employees.[201] [202] * Federal law does not allow for the unionization of the U. armed forces or employees of the Federal Bureau of Investigation, Central Intelligence Agency, Secret Service, National Security Agency, Government Accountability Office, and several other agencies.[203] [204] * Federal law gives the President the authority to exclude federal agencies or subdivisions from laws regarding unionization if they have "as a primary function intelligence, counterintelligence, investigative, or national security work."[205] * The President can also suspend unionization laws for any federal agency or portion thereof that is physically located outside the U. if "the suspension is necessary in the interest of national security."[206] * Federal law prohibits federal agencies and unions from encouraging or discouraging employees to support unions by rewarding, punishing, or threatening to reward or punish employees. ), and manhours worked in steel mills fell by more than 51 percent, reversing employment gains that had occurred during 1936 when money wages were relatively stable and real unit labor costs were actually falling because of rising productivity (Vedder and Gallaway, 1997, p. [441] Textbook: Economics: Private and Public Choice (15th edition). Some employers may be able to automate various production operations—in effect substituting machines for union workers if their wages increase. Within a given plant, a union will negotiate wages and employment conditions for all workers, both union and nonunion. The redistribution of membership within a union as a result of outsourcing is likely to have little immediate impact on union power. The effect of outsourcing, whatever its rationale or scenario, appears to be to put union labor back into competition. The workman is free, if he values his own bargaining position more than that of the group, to vote against [union] representation, but the majority rules, and if it collectivizes the employment bargain, individual advantages or favors will generally in practice go in as a contribution to the collective result. 670 D-3, citing New York Public Employment Relations Board 1975 Annual Report. Alaska, Hawaii, Minnesota, Montana, Oregon, Pennsylvania, and Vermont permit some public employees to strike under specified circumstances. Unfortunately, if not all of those differences have been controlled for in the analysis, we are vulnerable to the devastating effects of omitted variable bias. However, the possibility that unmeasured variables are correlated with variables that are in the model obviously cannot be eliminated on empirical grounds. Thus, the finding that more heavily unionized industries have higher union wages could in part reflect organizing incentives rather than the effects of union coverage per se. De Mille was forced to join a union in order to be able to appear on the radio. The union kicked him out: it said, "We do not want you as a member any more." Up to this moment, Mr. De Mille has not been able to make any further broadcasts on the radio, simply because he violated the rules of the union to which he belonged. Detailed CPI price data are adjusted to obtain average price levels for BLS-defined areas.

The court split over whether a larger campaign-free zone outside of polling places is necessary, with the majority ruling (5-3) that it was.[143] * In 2007, 227 Democrats and 7 Republicans in the U. House of Representatives sponsored a bill called the "Employee Free Choice Act."[144] This legislation would have eliminated all NLRB secret ballot elections to certify unions. A 'double-breasted' contractor recently ran a study on two nearly identical projects done by his company, one by a union crew, and the other by a nonunion crew. Majority: Stone, Black, Reed, Frankfurter, Douglas, Murphy, Jackson, Rutledge. https://supreme.justia.com/cases/federal/us/321/332/The very purpose of providing by statute for the collective agreement is to supersede the terms of separate agreements of employees with terms which reflect the strength and bargaining power and serve the welfare of the group. The typically positive and significant coefficient on the union coverage variable in such studies may indeed reflect characteristics of industries (such as product demand elasticities) that might be correlated with both union wages and unionization. Page 1385: At least two important challenges hinder credible measurement of the causal impacts of unionization on employers. A second important concern is the fact that unionization is nonrandom. The occupational mix within categories; the mix of part-time and full-time workers; and the size, industry, and geographic location of the employing establishment are among other factors that can affect these results." [457] Paper: "Wage Effects of Increased Union Coverage: Methodological Considerations and New Evidence." By Dale L. For example, sales workers in aerospace earn a 38.7% premium over laborers, whereas sales workers in supermarkets earn only 8.6% more; and the earnings premium for professionals in aerospace is 3 1.8%, compared to only 11.2% in supermarkets. Sellers that are unwilling or unable to provide consumers with quality goods at competitive prices will be driven from the market. Pages 55: Each market segment where goods and services are sold establishes the basis for competition.

The bill directed the NLRB to stop conducting elections and to certify unions as the exclusive representative of all employees in a bargaining unit if a majority signs a union acceptance card.[145] [146] * The bill left in place a preexisting law that requires an NLRB secret ballot election to decertify a union. The nonunion crew worked an average of 50 minutes out of every hour. Its benefits and advantages are open to every employee of the represented unit, whatever the type or terms of his preexisting contract of employment. The effect of labor organization itself is not isolated in such studies. Industrial and Labor Relations Review, January 1993. Page 368: Although many studies show a positive relationship between extent of unionization and union members' wages, some analysts suggest that this relationship could reflect a concentration of labor organization in industries with potentially high wage gains, rather than unions' efficacy in raising wages. Depending on the correlation between factors associated with unionization and those associated with employment, output, and productivity, the observed correlation between union status and employer outcomes may overstate or understate the true effects of unions. Such differences in occupational premiums, which probably are related to substantive differences in employees' skills and in the nature of the work they do in these broad occupational classifications, indicates additional limitations of inter-industry wage equations. Industrial and Labor Relations Review, January 1993. Page 371: The basic specification of equations used to measure the effect of union density on wages using individual data is well established in the literature and was adopted for our study. This process leads to improved products and production methods and directs resources toward projects that create more value. [512] Textbook: Business Process Modeling, Simulation and Design. The same product, for example, may be sold in different markets by emphasizing price in one, quality in another, functionality (attributes) in yet another, and reliability or service elsewhere. Page 278: Inflation tends to reduce your standard of living through declines in the purchasing power of money.

If it is reasonable to believe that the conduct would tend to interfere with the free expression of the employees' choice, the election may be set aside.[67] [68] [69] * In cases where the NLRB decides that an election rule has been broken, it typically conducts a rerun election. This includes employees who are not dues-paying members of the union." Page 80: Are there any situations in which unions can treat non-members differently than members? A union may limit participation in its meetings to members, NFFE, Local 1827, 49 FLRA 738, 741 (1994), and has the right to choose its own representatives, AFSCME, Local 2910, 23 FLRA 352 (1986). In 2013, 53.6% of workers in the public sector had a bachelor's, advanced, or professional degree, compared to 34.9% of private sector workers. By allowing employees to resign from a union at any time, 8(a)(3) protects the employee whose views come to diverge from those of his union. [N]o employer shall justify any discrimination against an employee for nonmembership in a labor organization (A) if he has reasonable grounds for believing that such membership was not available to the employee on the same terms and conditions generally applicable to other members, or (B) if he has reasonable grounds for believing that membership was denied or terminated for reasons other than the failure of the employee to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership…. Page 18: Section 8(f) of the NLRA Permits construction contractors and labor unions to enter into a form of collective bargaining agreement "without regard to the union's majority status." Employers in the construction industry, in recognition of the relatively short-term duration of projects and mobility of work forces, are permitted by Section 8(f) of the Act to execute bargaining agreements with Unions prior to the actual employment of Employees, without running afoul of prohibitions against Employers giving unlawful support and assistance to minority Unions. Code Title 29, Chapter 7, Subchapter II, Section 158: "Unfair labor practices." Accessed May 27, 2014 at (f) Agreement covering employees in the building and construction industry It shall not be an unfair labor practice under subsections (a) and (b) of this section for an employer engaged primarily in the building and construction industry to make an agreement covering employees engaged (or who, upon their employment, will be engaged) in the building and construction industry with a labor organization of which building and construction employees are members (not established, maintained, or assisted by any action defined in subsection (a) of this section as an unfair labor practice) because (1) the majority status of such labor organization has not been established under the provisions of section 159 of this title prior to the making of such agreement, or (2) such agreement requires as a condition of employment, membership in such labor organization after the seventh day following the beginning of such employment or the effective date of the agreement, whichever is later, or (3) such agreement requires the employer to notify such labor organization of opportunities for employment with such employer, or gives such labor organization an opportunity to refer qualified applicants for such employment, or (4) such agreement specifies minimum training or experience qualifications for employment or provides for priority in opportunities for employment based upon length of service with such employer, in the industry or in the particular geographical area: Provided, That nothing in this subsection shall set aside the final proviso to subsection (a)(3) of this section: Provided further, That any agreement which would be invalid, but for clause (1) of this subsection, shall not be a bar to a petition filed pursuant to section 159 (c) or 159 (e) of this title.

However, in at least two such cases, the NLRB has ordered employers to recognize and bargain with unions without having a rerun election.[95] * In addition to setting aside elections, when the NLRB determines that an employer or union has committed an "unfair labor practice," federal law instructs the NLRB to require the offender to "cease and desist from such unfair labor practice, and to take such affirmative action including reinstatement of employees with or without back pay…."[96] * In the federal government's 2013 fiscal year, NLRB actions led to reinstatement offers for 1,352 employees, and the NLRB recovered ,245,665 "on behalf of employees as backpay or reimbursement of fees, dues, and fines."[97] * Resistance or interference with the legal powers of the NLRB is punishable under federal law by fines of up to ,000 and imprisonment for up to a year.[98] * Federal law requires that "the majority of the employees" in a private-sector bargaining unit approve of a union before it becomes the exclusive representative of the employees. All unit employees are entitled to vote in an election to determine whether there will be union representation. Page 30: Employees who join the union will also have the right to fully participate in the union's decision-making process. Generally, workers with more years of education earn more than workers with less years of education. A larger share of public sector than private sector workers are employed in "management, professional, and related occupations." In 2013, 56.2% of public sector workers and 37.8% of private sector workers were employed in these occupations. [502] Paper: "Representation Law and Procedures." American Bar Association. Such bargaining agreements may not be repudiated during the life of the Agreement; yet, upon expiration of the pre-hire agreement, the signatory Union does not enjoy a presumption of majority status, and either party may repudiate the bargaining relationship at that time. [504] Webpage: "Hiring Halls." National Labor Relations Board. In some industries, most jobs are filled through referrals from union hiring halls. Pages 12-13: The optimum monopoly price may be much higher than the competitive price, depending on the intensity of consumer preference for the monopolized product—how much of it they continue to buy at successively higher prices-in relation to its cost. than under competition but not that the reduction in output imposes a loss on society.

The same standard applies to decertifying a union.[200] * Federal law gives the Federal Labor Relations Authority (FLRA) the authority to conduct union certification and decertification elections for federal employees.[201] [202] * Federal law does not allow for the unionization of the U. armed forces or employees of the Federal Bureau of Investigation, Central Intelligence Agency, Secret Service, National Security Agency, Government Accountability Office, and several other agencies.[203] [204] * Federal law gives the President the authority to exclude federal agencies or subdivisions from laws regarding unionization if they have "as a primary function intelligence, counterintelligence, investigative, or national security work."[205] * The President can also suspend unionization laws for any federal agency or portion thereof that is physically located outside the U. if "the suspension is necessary in the interest of national security."[206] * Federal law prohibits federal agencies and unions from encouraging or discouraging employees to support unions by rewarding, punishing, or threatening to reward or punish employees. ), and manhours worked in steel mills fell by more than 51 percent, reversing employment gains that had occurred during 1936 when money wages were relatively stable and real unit labor costs were actually falling because of rising productivity (Vedder and Gallaway, 1997, p. [441] Textbook: Economics: Private and Public Choice (15th edition). Some employers may be able to automate various production operations—in effect substituting machines for union workers if their wages increase. Within a given plant, a union will negotiate wages and employment conditions for all workers, both union and nonunion. The redistribution of membership within a union as a result of outsourcing is likely to have little immediate impact on union power. The effect of outsourcing, whatever its rationale or scenario, appears to be to put union labor back into competition. The workman is free, if he values his own bargaining position more than that of the group, to vote against [union] representation, but the majority rules, and if it collectivizes the employment bargain, individual advantages or favors will generally in practice go in as a contribution to the collective result. 670 D-3, citing New York Public Employment Relations Board 1975 Annual Report. Alaska, Hawaii, Minnesota, Montana, Oregon, Pennsylvania, and Vermont permit some public employees to strike under specified circumstances. Unfortunately, if not all of those differences have been controlled for in the analysis, we are vulnerable to the devastating effects of omitted variable bias. However, the possibility that unmeasured variables are correlated with variables that are in the model obviously cannot be eliminated on empirical grounds. Thus, the finding that more heavily unionized industries have higher union wages could in part reflect organizing incentives rather than the effects of union coverage per se. De Mille was forced to join a union in order to be able to appear on the radio. The union kicked him out: it said, "We do not want you as a member any more." Up to this moment, Mr. De Mille has not been able to make any further broadcasts on the radio, simply because he violated the rules of the union to which he belonged. Detailed CPI price data are adjusted to obtain average price levels for BLS-defined areas.The court split over whether a larger campaign-free zone outside of polling places is necessary, with the majority ruling (5-3) that it was.[143] * In 2007, 227 Democrats and 7 Republicans in the U. House of Representatives sponsored a bill called the "Employee Free Choice Act."[144] This legislation would have eliminated all NLRB secret ballot elections to certify unions. A 'double-breasted' contractor recently ran a study on two nearly identical projects done by his company, one by a union crew, and the other by a nonunion crew. Majority: Stone, Black, Reed, Frankfurter, Douglas, Murphy, Jackson, Rutledge. https://supreme.justia.com/cases/federal/us/321/332/The very purpose of providing by statute for the collective agreement is to supersede the terms of separate agreements of employees with terms which reflect the strength and bargaining power and serve the welfare of the group. The typically positive and significant coefficient on the union coverage variable in such studies may indeed reflect characteristics of industries (such as product demand elasticities) that might be correlated with both union wages and unionization. Page 1385: At least two important challenges hinder credible measurement of the causal impacts of unionization on employers. A second important concern is the fact that unionization is nonrandom. The occupational mix within categories; the mix of part-time and full-time workers; and the size, industry, and geographic location of the employing establishment are among other factors that can affect these results." [457] Paper: "Wage Effects of Increased Union Coverage: Methodological Considerations and New Evidence." By Dale L. For example, sales workers in aerospace earn a 38.7% premium over laborers, whereas sales workers in supermarkets earn only 8.6% more; and the earnings premium for professionals in aerospace is 3 1.8%, compared to only 11.2% in supermarkets. Sellers that are unwilling or unable to provide consumers with quality goods at competitive prices will be driven from the market. Pages 55: Each market segment where goods and services are sold establishes the basis for competition.The bill directed the NLRB to stop conducting elections and to certify unions as the exclusive representative of all employees in a bargaining unit if a majority signs a union acceptance card.[145] [146] * The bill left in place a preexisting law that requires an NLRB secret ballot election to decertify a union. The nonunion crew worked an average of 50 minutes out of every hour. Its benefits and advantages are open to every employee of the represented unit, whatever the type or terms of his preexisting contract of employment. The effect of labor organization itself is not isolated in such studies. Industrial and Labor Relations Review, January 1993. Page 368: Although many studies show a positive relationship between extent of unionization and union members' wages, some analysts suggest that this relationship could reflect a concentration of labor organization in industries with potentially high wage gains, rather than unions' efficacy in raising wages. Depending on the correlation between factors associated with unionization and those associated with employment, output, and productivity, the observed correlation between union status and employer outcomes may overstate or understate the true effects of unions. Such differences in occupational premiums, which probably are related to substantive differences in employees' skills and in the nature of the work they do in these broad occupational classifications, indicates additional limitations of inter-industry wage equations. Industrial and Labor Relations Review, January 1993. Page 371: The basic specification of equations used to measure the effect of union density on wages using individual data is well established in the literature and was adopted for our study. This process leads to improved products and production methods and directs resources toward projects that create more value. [512] Textbook: Business Process Modeling, Simulation and Design. The same product, for example, may be sold in different markets by emphasizing price in one, quality in another, functionality (attributes) in yet another, and reliability or service elsewhere. Page 278: Inflation tends to reduce your standard of living through declines in the purchasing power of money.If it is reasonable to believe that the conduct would tend to interfere with the free expression of the employees' choice, the election may be set aside.[67] [68] [69] * In cases where the NLRB decides that an election rule has been broken, it typically conducts a rerun election. This includes employees who are not dues-paying members of the union." Page 80: Are there any situations in which unions can treat non-members differently than members? A union may limit participation in its meetings to members, NFFE, Local 1827, 49 FLRA 738, 741 (1994), and has the right to choose its own representatives, AFSCME, Local 2910, 23 FLRA 352 (1986). In 2013, 53.6% of workers in the public sector had a bachelor's, advanced, or professional degree, compared to 34.9% of private sector workers. By allowing employees to resign from a union at any time, 8(a)(3) protects the employee whose views come to diverge from those of his union. [N]o employer shall justify any discrimination against an employee for nonmembership in a labor organization (A) if he has reasonable grounds for believing that such membership was not available to the employee on the same terms and conditions generally applicable to other members, or (B) if he has reasonable grounds for believing that membership was denied or terminated for reasons other than the failure of the employee to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership…. Page 18: Section 8(f) of the NLRA Permits construction contractors and labor unions to enter into a form of collective bargaining agreement "without regard to the union's majority status." Employers in the construction industry, in recognition of the relatively short-term duration of projects and mobility of work forces, are permitted by Section 8(f) of the Act to execute bargaining agreements with Unions prior to the actual employment of Employees, without running afoul of prohibitions against Employers giving unlawful support and assistance to minority Unions. Code Title 29, Chapter 7, Subchapter II, Section 158: "Unfair labor practices." Accessed May 27, 2014 at (f) Agreement covering employees in the building and construction industry It shall not be an unfair labor practice under subsections (a) and (b) of this section for an employer engaged primarily in the building and construction industry to make an agreement covering employees engaged (or who, upon their employment, will be engaged) in the building and construction industry with a labor organization of which building and construction employees are members (not established, maintained, or assisted by any action defined in subsection (a) of this section as an unfair labor practice) because (1) the majority status of such labor organization has not been established under the provisions of section 159 of this title prior to the making of such agreement, or (2) such agreement requires as a condition of employment, membership in such labor organization after the seventh day following the beginning of such employment or the effective date of the agreement, whichever is later, or (3) such agreement requires the employer to notify such labor organization of opportunities for employment with such employer, or gives such labor organization an opportunity to refer qualified applicants for such employment, or (4) such agreement specifies minimum training or experience qualifications for employment or provides for priority in opportunities for employment based upon length of service with such employer, in the industry or in the particular geographical area: Provided, That nothing in this subsection shall set aside the final proviso to subsection (a)(3) of this section: Provided further, That any agreement which would be invalid, but for clause (1) of this subsection, shall not be a bar to a petition filed pursuant to section 159 (c) or 159 (e) of this title.However, in at least two such cases, the NLRB has ordered employers to recognize and bargain with unions without having a rerun election.[95] * In addition to setting aside elections, when the NLRB determines that an employer or union has committed an "unfair labor practice," federal law instructs the NLRB to require the offender to "cease and desist from such unfair labor practice, and to take such affirmative action including reinstatement of employees with or without back pay…."[96] * In the federal government's 2013 fiscal year, NLRB actions led to reinstatement offers for 1,352 employees, and the NLRB recovered ,245,665 "on behalf of employees as backpay or reimbursement of fees, dues, and fines."[97] * Resistance or interference with the legal powers of the NLRB is punishable under federal law by fines of up to ,000 and imprisonment for up to a year.[98] * Federal law requires that "the majority of the employees" in a private-sector bargaining unit approve of a union before it becomes the exclusive representative of the employees. All unit employees are entitled to vote in an election to determine whether there will be union representation. Page 30: Employees who join the union will also have the right to fully participate in the union's decision-making process. Generally, workers with more years of education earn more than workers with less years of education. A larger share of public sector than private sector workers are employed in "management, professional, and related occupations." In 2013, 56.2% of public sector workers and 37.8% of private sector workers were employed in these occupations. [502] Paper: "Representation Law and Procedures." American Bar Association. Such bargaining agreements may not be repudiated during the life of the Agreement; yet, upon expiration of the pre-hire agreement, the signatory Union does not enjoy a presumption of majority status, and either party may repudiate the bargaining relationship at that time. [504] Webpage: "Hiring Halls." National Labor Relations Board. In some industries, most jobs are filled through referrals from union hiring halls. Pages 12-13: The optimum monopoly price may be much higher than the competitive price, depending on the intensity of consumer preference for the monopolized product—how much of it they continue to buy at successively higher prices-in relation to its cost. than under competition but not that the reduction in output imposes a loss on society.However, the law does not specify how to determine if a majority approves of a union except when an "employer declines to recognize" a union supported by a "substantial number of employees." In such cases, the law requires the NLRB to conduct an "election by secret ballot."[99] [100] [101] [102] * The U. Supreme Court and NLRB members appointed by Democrats and Republicans have interpreted the above-cited law to mean that if an employer chooses to recognize a union, the union can become the exclusive representative of the employees through evidence of majority support other than an NLRB election. But once a union is chosen as the exclusive representative, the union then acts for, and negotiates collective-bargaining agreements covering, all employees. They will vote on the adoption or rejection of union initiatives, contract proposals, and on the decision to strike. In part, more public sector workers were employed in these occupations because 25.7% of all public sector workers were employed in "education, training, and library" occupations, compared to 2.3% of all private sector workers. Of course, the contractor must comply with the notice provisions specified in the contract and with the withdrawal provisions of any Multi-Employer agreement to which it is a party. Employers in the construction and maritime industries often choose to hire exclusively through referrals from union hiring halls. Department of Labor, Bureau of Labor Statistics, May 1982. Page 321: "Unions are unique to our society because, under the National Labor Relations Act they are given an exclusive franchise to organize individuals in the workplace for purposes of representation and negotiating terms and conditions of employment. After all, the reduction in output in the monopolized market frees up resources that can and will be put to use in other markets. The increase in the price of the monopolized product above its cost induces the consumer to substitute products that must cost more (adjusting for any quality difference) to produce (or else the consumer would have substituted them before the price increase), although now they are relatively less expensive, assuming they are priced at a competitive level, that is, at the economically correct measure of cost.