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Third Edition
John W. Budd
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Graw
Hill
McGraw-Hill
Irwin
>rief Contents
Preface vii
Reflection 415
Comparative Labor Relations 417
12
^ t s h o u l d L a b o r R e l a t i o n s D o ? 453
13
PARTOME
Foundations 1
1 Contemporary Labor Relations:
Objectives, Practices, and Challenges , 3
APPENDIX A: THE WATIOWAL
v
2 Labor Unions: Good or Bad? 25
- - " LABOR RELATIONS ACT (1935, AS
PART TWO
ASVil EMBED) 483
The U.S. New Deal Industrial Relations
System 59
3 Historical Development 61
4 Labor Law 107
5 Labor and Management: Strategies,
Structures, and Constraints 153
6 Union Organizing 187
7 Bargaining 229
8 Impasses, Strikes, and Dispute
Resolution 263
9 Contract Clauses and Their
Administration 301
PART THREE
Issues for the 21st Century 345
10 Flexibility, Empowerment,
and Partnership 347 \
11 Globalization 379
NAJVflE
SUBJECT MDEX
Contents
Preface
vii
FOUNDATIONS 1
Chapter 1
Contemporary Labor Relations: Objectives,
v
Practices, and Challenges 3
The Objectives of Labor Relations 5
Isn 't Efficiency Enough ? 6
Conflicting Goals Mean Balancing Rights 11
Contemporary U. S. Labor Relations 12
Contemporary Pressures: The Management
Perspective 13
Contemporary Pressures: The Labor Union
Perspective 14
The Continued Relevance of Labor Relations 18
Key Terms 20
Reflection Questions 20
Chapter 2
Labor Unions: Good or Bad? 25
The Labor Problem 27
Four Schools of Thought about the Employment
Relationship 31
The Mainstream Economics School 31
The Human Resource Management School 33
The Industrial Relations School 35
The Critical Industrial Relations School 37
The Fundamental Assumptions of Human Resources
and Industrial Relations 39
The Continued Relevance of the Labor
Problem 43
Workplace Governance 43
Solving Labor Problems 4 7
What Do U.S. Unions Do? 49
Evaluating the Effects of Unionism 51
Theories of the Labor Movement 54
Key Terms 56
Reflection Questions 56
THE U.S. NEW DEAL INDUSTRIAL
RELATIONS SYSTEM 59
Chapter 3
Historical Development 61
From Local to National Organizations 62
The Great Uprising of 1877 64
Uplift Unionism 66
The Knights of Labor: Objectives and Strategies 67
The Knights of Labor: Conflicts and Demise 68
Pure and Simple Craft Unionism 69
TheAFL and Its Unions: Objectives and Strategies 69
TheAFL and Its Unions: Conflicts with Employers 72
Workers of the World Unite! 74
The IWW: Objectives and Strategies 77
The IWW: Conflicts and Demise 79
Staying Union-Free in the Early 1900s 81
The Open Shop Movement 82
Welfare Capitalism 85
A New Deal for Workers: Legal Protection
and Industrial Unions 87
Striking for New Labor Legislation 88
The Rise of Industrial Unionism 89
Sitting Down for Union Recognition 90
A New Federation to Rival theAFL 92
Wartime and Postwar Labor Relations 94
Cementing the Postwar Model of Labor Relations 95
A Turbulent End to the 20th Century 98
Labor Relations in the 21 st Century
Key Terms 103
Reflection Questions 104
Labor Law
101
107
The Common Law of Labor Relations: Conspiracies
and Injunctions 110
The Business Law of Labor Relations:
Unions as Corporations 112
Keeping Courts out of Labor Relations:
The Norris-LaGuardia Act 114
Preludes to a National Policy 115
Prelude 1: The National Industrial Recovery Act 115
Prelude 2: The Railway Labor Act 117
Prelude 3: The Amalgamated Clothing Workers 118
Solving Labor Problems: The Wagner Act 119
The Principles of the Wagner Act 119
Exclusive Representation and Certifying Majority
Status 122
xvi Contents
Unfair Labor Practices 123
The National Labor Relations Board 124
The First Years of the Wagner Act 126
Rebalancing the System: The Taft-Hartley Act 127
The Principles of the Taft-Hartley Act 127
Taft-Hartley Restrictions on Unions 129
Enhancing the Rights of Individuals and Employers 131
New Dispute Resolution Procedures 131
Fighting Union Corruption: The LandrumGriffinAct 132
Extensions to Government Employees:
k
Public Sector Labor Law 135
Labor Law in Practice: NLRB Decisions
and Reform 138
NLRB Decisions and Precedents 139
Debating the Need for Labor Law Reform 140
Postscript: The Rise of Employment Law 142
Key Terms 145
Reflection Questions 145
Chapter 5
Labor and Management: Strategies,
Structures, and Constraints 153
Labor Union Strategies 154
The Traditional Collection of U.S. Union Strategies 154
Alternative Union Strategies for the 21st Century 157
The Structure of the U.S. Labor Movement 159
Local Union Structures 160
National Union Structures 162
The Pros and Cons of General Unions 163
National and International Union Federations 164
Competing National Union Federations 165
Union Democracy 166
Management Strategies 167
Business Strategies 167
'
Labor Relations Strategies 169
Labor Relations Strategies in Practice 171
The Labor Relations Environment 172
The Legal Environment 172
The Economic Environment 173
The Sociopolitical Environment 175
The Ethical Environment 176
Key Terms 179
Reflection Questions 179
Chapter 6
Union Organizing
187
The Organizing Time Line 188
Initiating an Organizing Drive 188
Building and Documenting Support 189
Alternatives to Voluntary Recognition 191
NLRB Representation Elections 192
Types of Elections 192
Getting the NLRB to Conduct an Election 193
Determining the Appropriate Bargaining Unit 193
The Supervisor Controversy 195
Scheduling the Election 197
Individual Voting Decisions 197
NLRB Election Standards 200
Employer Campaigning 201
Communicating with Employees 202
Employer Restrictions on Employees and Union
Organizers 203
Union Avoidance Consultants 204
The Controversies over Employer Campaign
Tactics 206
Union Campaigning 209
Communicating with Employees 209
Strategies to Create Worker Activism 211
The Certification Election Process:
Help or Hindrance? 215
Criticisms of the NLRA Certification Process 216
Organizing Outside the NLRB Certification
Process 219
Is the Employee Free Choice Act the Answer? 220
Key Terms 223
Reflection Questions 224
Chapter 7
Bargaining 229
Preparing to Bargain 230
Bargaining Structure 232
Bargaining Power and the Bargaining
Environment 234
At the Bargaining Table 236
Labor Negotiations as Theater 236
Negotiating Tools 237
Bargaining in Good Faith 238
Mandatory Bargaining Items 240
Bargaining Subprocesses and Strategies 241
Distributive Bargaining 242
Integrative Bargaining 244
Distributive versus Integrative Bargaining in Labor
Relations 246
Attitudinal Structuring 247
Intraorganizational Bargaining 248
Reaching Agreement 250
Bargaining in the Public Sector 251
The Contemporary Bargaining Process:
Continuity and Change 253
Key Terms 255
Reflection Questions 255
Contents
Chapter 8
Impasses, Strikes, and Dispute
Resolution 263
Strikes and Lockouts 264
Types of Strikes 265
The Legal Treatment of Strikes 266
National Emergency Strikes 268
Picketing 269
The Decline in Strike Activity 270
Strike Replacements 272
The Mackay Doctrine 272
Replacement Workers in Unfair Labor Practice
Strikes 274
Replacement Workers in Lockouts 275
Efforts to Ban Permanent Strike Replacements 275
Other Pressure Tactics 278
Boycotts 278
Work Slowdowns 280
Corporate Campaigns 282
Third-Party Dispute Resolution 285
Mediation 286
Interest Arbitration 288
Fact-Finding 292
What's Best? 294
Key Terms 295
Reflection Questions 295
Chapter 9
Contract Clauses and Their
Administration 301
U.S. Union Contracts 303
Employee Rights and Obligations 305
Job Rights and Obligations 307
Union Rights and Obligations 308
Union Security Clauses 309
Union Obligations 311
Management Rights and Obligations 311
Grievance Procedures 313
Rejecting Unilateral Grievance Resolution
Methods 313
The Typical Unionized Grievance Procedure 315
The Uses of the Grievance Procedure 315
Grievance Arbitration 317
The Legal Support for Grievance Arbitration 317
The Quasijudicial Nature of Grievance Arbitration 318
Interpreting Ambiguous Contract Language 319
Criticisms of Grievance Arbitration 320
Employee Discipline 321
Do These Contract Clauses Matter? 324
Nonunion Workplace Dispute Resolution 326
A Different Approach to Contract Administration
Key Terms 330
Reflection Questions 330
xvii
328
ISSUES FOR THE 21ST CENTURY 345
Chapter 10
Flexibility, Empowerment,
and Partnership 347
Postwar Work Organization, Postwar Unionism 348
20th-century Mass Production Methods 348
Job Control Unionism 352
The Changing Nature of Work 354
The Breakdown of the Mass Production Business
Model 354
The 21st-century Organization of Work 355
Flexibility 356
Employee Empowerment 360
High-Performance Work Systems 360
Labor Relations Debates over Lean Production 361
Labor Relations Debates over Self-Directed Work
Teams 362
Labor-Management Partnerships 365
Fostering Improved Labor-Management
Relationships 365
Labor-Management Partnerships in Practice 366
Challenges for Unions 367
Employee Representation: Are Unions
Required? 368
Employer-Dominated Nonunion Committees 368
Legal versus Illegal Committees and Representation
Plans 370
What Happens in Practice? 370
Overcoming Resistance to Change 372
Key Terms 374
Reflection Questions 374
Chapter 11
Globalization 379
The Debate over Globalization 380
International Trade 381
Foreign Direct Investment 384
International Investment Portfolios 386
Immigration 387
Governing the Global Workplace 388
Free Trade via the WTO 389
The WTO's Emphasis on Reducing Trade Barriers 389
The WTO Supports Free Trade, Not Fair Trade 390
xviii
Contents
International Labor Standards via the ILO 392
Domestic Legal Compliance via NAFTA and Other U.S.
Free Trade Agreements 393
NAFTA's Labor Side Agreement 393
Extending the NAALC Model 396
Transnational Employee Consultation
in the European Union 397
Policymaking in the European Union 398
European Works Councils: Definition and Operation 399
European Works Councils in Practice 400
Transnational Collective Bargaining
401
K
Institutions for Fostering International Labor
Solidarity 402
International Labor Solidarity in Practice 404
Corporate Codes of Conduct
405
The Origins of Corporate Codes of Conduct 406
Do Corporate Codes of Conduct Work? 407
International Management 410
Globalization: Economics and Ethics
Key Terms 413
Reflection Questions 413
REFLECTION
Chapter-12
Comparative Labor Relations 417
Strategic Labor Relations and Leadership
Striking a Balance 479
Key Terms 481
Reflection Questions 481
477
Appendix B
Universal Declaration of Human Rights
(United Nations, 1948)1 509
Appendix C
A Sample NLRB Decision
515
448
Chapter 13
What Should Labor Relations Do? 453
Solidarity Unionism 456
Strengthening the NLRA 469
Deregulating the NLRA 472
Loosening the NLRA 473
Transforming the NLRA 474
The Wagner Act: Findings and
Policies 483
The Taft-Hartley Act: Short Title and Declaration of
Policy 484
The National Labor Relations Act
(as Amended) 484
Title II 499
Title III 504
Title IV 507
Title V 508
415
What Should Unions Do?
What Should Companies Do? 465
The Future Of U.S. Labor Relations
Policy 468
Appendix A
The National Labor Relations Act
(1935, as Amended) 483
411
Canada 420
Mexico 422
Great Britain 423
Ireland 428
France 431
Germany 434
Sweden 439
\
Eastern Europe 439
Australia and New Zealand 441
Japan 444
Asian Developing Countries 445
Bargaining or Legislating Labor Standards?
Globalization Reconsidered 450
Key Terms 452
Reflection Questions 452
Social Movement Unionism 457
Efficiency-Enhancing Unionism 460
Employee Ownership Unionism 461
Employee Empowerment Unionism 462
Associational Unionism 463
Appendix D
Collective Bargaining Simulation:
The Zinnia and Service Workers
Local H-56 519
Name Index
520
454
Subject Index
526