I. Introduction
The process of negotiation can be seen in almost any form or scale in our everyday lives. Whether an individual is negotiating a better rate for their car or homeowners insurance, on the purchase price of a home, the price of a new car or an increase in their wages, some form of negotiations occur. In most cases we would expect to have equal power to negotiate; however, we can also have little power at all. As an individual employee, depending on the demand for your skills, we may have no real negotiating power with our employers at all.
The following analysis will provide an overview of unfair labor practices, the impact collective bargaining power and unionization has on leveling the playing field between management and the labor force, the reasons for the consistent decline of union membership in the private sector of United States, as well as the role and two primary responsibilities of the National Labor Relations Board. Recommendations will be provided on whether a company should resist unionization and best practices to implement to assist in their resistance. II. Collective Bargaining Collective bargaining is a process of discussion or negotiation between a company’s management and representatives of the employees. The “collective” of employees are only effective together since as individuals they have less bargaining power and far fewer financial resources than their employers. The negotiations between the two are generally based on establishing an agreement on working hours, workplace conditions, and any other items of mutual interest between the parties. This formal type of negotiations helps both sides avoid the costly impact of lost productivity, litigation, and the societal component of class warfare (Noe, Hollenbeck, Gerhart, & Wright, 2008). In an effort to promote a fair collective bargaining process and a less hostile legal system, in 1935 the Wagner Act, also known as the National Labor Relations Act (NLRA) was passed. The NLRA’s purpose was to define and protect the rights of employees and employers. The rights of employees include: • The right to self-organization. • The right to form, join, or assist a labor organization. • The right to bargain collectively through representatives of their own choosing. • The right to engage in other concerted activities for the purpose of collective bargaining. • The right to refrain from any or all collective bargaining activities except in cases where membership in a labor organization is a condition of employment (Noe, Hollenbeck, Gerhart, & Wright, 2008, p. 622). The NLRA’s coverages include specific exclusions to their protections for individuals; for example, employees who are considered supervisors, parents or spouses of the employer, or independent contractors. The NLRA also prohibits unfair labor practices for both employers and labor unions that include: • Threatening employees with loss of job or benefits if they join or vote for a union. • Threatening to close down a plant if organized by a union. • Spying or pretending to spy on …show more content…
However, since its peak in the 1950’s when union membership was 35 percent of employment there has been a consistent pattern of decline. Several factors explain the reason for union membership decline including structural changes in the economy, increased employer resistance, substitution with human resource management, changes in government regulation, worker views, and union actions. Each of these factors contributes to the overall decline, yet the major contributors are arguably employer resistance and the impact of human resource management strategies (Noe, Hollenbeck, Gerhart, & Wright, 2008).
Employer resistance to unions is driven by increased market pressures from foreign competition and deregulation of certain industries. This is in contrast to how employers reacted in the past when unions were considered to play a vital role in helping management make effective decisions. Nonunion employers now utilize strategic human resource management practices to implement policies that promote employee empowerment, employee growth, competitive benefits and wages, and an overall positive employee attitude (Noe, Hollenbeck, Gerhart, & Wright, …show more content…
The NLRB’s two primary functions are to prevent and remedy unfair labor practices, whether committed by labor organizations or employers; and to establish whether or not certain groups of employees’ desire labor organization representation for collective-bargaining purposes (NLRB, 2016). The NLRB ensures that the process of organizing a union is followed and is responsible for holding a union representation election if they are met (Noe, Hollenbeck, Gerhart, & Wright,
The process of negotiation can be seen in almost any form or scale in our everyday lives. Whether an individual is negotiating a better rate for their car or homeowners insurance, on the purchase price of a home, the price of a new car or an increase in their wages, some form of negotiations occur. In most cases we would expect to have equal power to negotiate; however, we can also have little power at all. As an individual employee, depending on the demand for your skills, we may have no real negotiating power with our employers at all.
The following analysis will provide an overview of unfair labor practices, the impact collective bargaining power and unionization has on leveling the playing field between management and the labor force, the reasons for the consistent decline of union membership in the private sector of United States, as well as the role and two primary responsibilities of the National Labor Relations Board. Recommendations will be provided on whether a company should resist unionization and best practices to implement to assist in their resistance. II. Collective Bargaining Collective bargaining is a process of discussion or negotiation between a company’s management and representatives of the employees. The “collective” of employees are only effective together since as individuals they have less bargaining power and far fewer financial resources than their employers. The negotiations between the two are generally based on establishing an agreement on working hours, workplace conditions, and any other items of mutual interest between the parties. This formal type of negotiations helps both sides avoid the costly impact of lost productivity, litigation, and the societal component of class warfare (Noe, Hollenbeck, Gerhart, & Wright, 2008). In an effort to promote a fair collective bargaining process and a less hostile legal system, in 1935 the Wagner Act, also known as the National Labor Relations Act (NLRA) was passed. The NLRA’s purpose was to define and protect the rights of employees and employers. The rights of employees include: • The right to self-organization. • The right to form, join, or assist a labor organization. • The right to bargain collectively through representatives of their own choosing. • The right to engage in other concerted activities for the purpose of collective bargaining. • The right to refrain from any or all collective bargaining activities except in cases where membership in a labor organization is a condition of employment (Noe, Hollenbeck, Gerhart, & Wright, 2008, p. 622). The NLRA’s coverages include specific exclusions to their protections for individuals; for example, employees who are considered supervisors, parents or spouses of the employer, or independent contractors. The NLRA also prohibits unfair labor practices for both employers and labor unions that include: • Threatening employees with loss of job or benefits if they join or vote for a union. • Threatening to close down a plant if organized by a union. • Spying or pretending to spy on …show more content…
However, since its peak in the 1950’s when union membership was 35 percent of employment there has been a consistent pattern of decline. Several factors explain the reason for union membership decline including structural changes in the economy, increased employer resistance, substitution with human resource management, changes in government regulation, worker views, and union actions. Each of these factors contributes to the overall decline, yet the major contributors are arguably employer resistance and the impact of human resource management strategies (Noe, Hollenbeck, Gerhart, & Wright, 2008).
Employer resistance to unions is driven by increased market pressures from foreign competition and deregulation of certain industries. This is in contrast to how employers reacted in the past when unions were considered to play a vital role in helping management make effective decisions. Nonunion employers now utilize strategic human resource management practices to implement policies that promote employee empowerment, employee growth, competitive benefits and wages, and an overall positive employee attitude (Noe, Hollenbeck, Gerhart, & Wright, …show more content…
The NLRB’s two primary functions are to prevent and remedy unfair labor practices, whether committed by labor organizations or employers; and to establish whether or not certain groups of employees’ desire labor organization representation for collective-bargaining purposes (NLRB, 2016). The NLRB ensures that the process of organizing a union is followed and is responsible for holding a union representation election if they are met (Noe, Hollenbeck, Gerhart, & Wright,