Internal
Links
Top
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Outline on Corporate
Activity & the Labor Movement
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External
Links
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- Project: Union Avoidance |
Link
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- Project: Video:
Walmart:
Envl Factors affecting Union Avoidance |
Link
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Link
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- Supplement:
Video:
Walmart & the Labor Mvmt
19:36 |
Link
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UNION BUSTING IS NOW A PROFESSIONALIZED BUSINESS CONSULTING
SERVICE |
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There are now more “consultants” in the field of antiunion consulting
than there are union leaders |
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Businesses have improved conditions which unions traditionally fought
for: wages, hours, benefits, working conditions |
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Unfair labor practices have increased making workers more reluctant
to join unions & face up to mgt power |
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Charges of firing for union activity makes workers reluctant to join
unions |
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Mgt opposition to unionism, including legal & illegal labor
campaign tactics, a major determinant of NLRB election results, makes
it more difficult for unions to win elections |
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Paid spies, sophisticated antiunion consultants are used by corps.
to discover & eliminate pro union workers |
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75% of employers who experience union organizing hire antiunion consultants
(Levitt, 1993) |
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In the 1980s, businesses spent over $100 mm annually for antiunion
activity |
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THERE ARE FIVE MAJOR ENVIRONMENTAL FACTORS THAT AFFECT UNION
AVOIDANCE |
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a. Locating the business in a nonunion region |
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b. Locating the business in a non urban region |
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c. Establishing the business in small plants |
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d. A high % of women in the workforce |
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e. A high % of professionals in the workforce |
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UNION AVOIDANCE CAN BE ENHANCED THROUGH A HUMAN RELATIONS
PROGRAM THAT CREATES A CULTURE OF ANTI UNIONISM |
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Union avoidance can be enhanced through a human relations program that
creates a culture of reluctance to engage in industrial conflict |
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Substantive policies of a human relations policy often include: |
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a. employment security |
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b. a policy of promotion from w/in |
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c. influential & proactive personnel dept. |
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d. satisfactory compensation & benefit programs |
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e. effective feedback mechanisms including communications
programs & complaint procedures |
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f. careful selection, development, & evaluation of
managers |
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In order to implement a strong human Relations programs, firms must
be: |
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a. profitable |
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b. growing |
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c. undiversified |
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d. active founders |
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e. & the best HR programs occur in light industrial
manufacturing or service companies |
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Corps believe that a corporate strategy of union avoidance is successful
by establishing trust, cooperation, confidence, & enhancing human values,
working together, ultimately resulting in the efficient & effective
long run functioning of the firm |
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A CORPORATE STRATEGY OF UNION AVOIDANCE HAS FOURTEEN EFFECTS
OF: |
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1. creating a more flexible organization |
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2. no strikes |
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3. lower turnover & absenteeism |
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4. reducing 3rd party interference |
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5. more responsive & committed employees |
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6 employees' believing the firm is committed to security
& equity |
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7. positive employee attitudes |
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8. high morale |
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9. open & direct communications |
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10. the majority of the employees not wanting to join
the union |
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11. an absence of adverse relationships btwn employees
& mgt. |
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12. creating the perception that the firm is a desirable
place to work, which results in the number of applicants exceeding the
number of openings |
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13. creating higher productivity |
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14. creating strong mgt employee relationships |
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WORKERS' VOICE: GIVING THE WORKERS A VOICE CREATES
A LOWER EMPLOYEE TURNOVER RATE |
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Unions know that their efforts create voice for the workers, which
has the effect of a lower employee turnover rate |
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Voice, which deals w/ immediate issues, is generally created by grievance
procedures |
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Voice, which deals w/ long run issues, is generally created through
negotiations |
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GRIEVANCE PROCEDURES, WHETHER DEVELOPED TROUGH A UNION, OR
INDEPENDENT OF IT, INCREASE EMPLOYEE SATISFACTION |
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Many firms have developed a strong grievance system that mgrs take
seriously |
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Most grievance systems have a no reprisal policy |
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IBM mgrs. have direct, anonymous access to hi level mgt. on complaints |
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Most grievance systems require that remedial action be communicated
back to the grievant |
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Many grievance systems have a worker review board that impartially
resolves grievances |
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Many grievance systems have peer review panels to oversee grievances |
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Many grievance systems have attitude surveys to stay in touch w/ employees'
issues |
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TO UNDERSTAND GRIEVANCE SYSTEMS, IT IS NECESSARY TO UNDERSTAND
JUSTICE
SYSTEMS |
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There are THREE types of justice systems: distributive, procedural,
& interactional |
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A distributive justice system ensures that punishment is proportionate
to the issue at hand |
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A procedural justice system ensures that methods are just by
focusing on, for example, representation, appeal, etc. |
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An interactional justice system ensures that all parties have
all the info they need to achieve justice, esp in relation to resolution |
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EMPLOYEE INVOLVEMENT IMPROVES PRODUCTIVITY & WKR SATISFACTION,
& MAY BE USED TO RESIST UNION ORGANIZATION |
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Other innovations that enhance human relations include vertical staff
meetings & employee involvement committees |
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The non unionized workplace often exhibits particular qualities
or structures which evolved in unionized wkplace such as: |
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a. a high level of info for workers about productivity,
etc. |
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b. discussions of quality & productivity |
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c. employee involvement methods |
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d. autonomous work teams |
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e. a formal complaint systems |
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f. a reduced number of job classifications |
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Internal
Links
Top
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Outline on a Historical
Overview of Corporate Anti-Union Strategy
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External
Links
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- Project: Comparing the
Robber Baron & Corporatist Periods |
Link
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A. An early period of corporate anti union strategy is
called the Robber Baron Period of the late 1800s & early 1900s |
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During the Robber Baron Period, capitalists controlled the economy,
employee relations, & many aspects of society |
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During the Robber Baron Period, capitalists saw themselves as representing
only themselves or other investors |
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Capitalists, as discussed here, must be considered as a separate class
from top mgt or mgrs in general, who often are controlled by the capitalists |
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Andrew Carnegie believed that the only responsibility of the
capitalist was to earn as much as possible for the investors |
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Thus Carnegie & many capitalists of the Robber Baron Period had
a narrow conception of corporate responsibility |
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During the Robber Baron Period, for the capitalists, the only responsibility
of a corporation was to its investors |
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In the Corporatist Period (see below), the narrow conception
of corporate responsibility in the Robber Baron Period, grew from a concern
only w/ investors to include other Stakeholders |
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For Capitalists, there is a direct relationship btwn risk &
profit |
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Capitalists believe that only they assume the risk of the enterprise,
& that they might lose $$ |
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Capitalists believe that for assuming risk they are entitled to any
& all profit |
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Capitalists seek to minimize risk & maximize profit |
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Wkrs are one of the resources that capitalists purchase & thereby
incur a risk |
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Capitalists would like to minimize labor risk by |
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a. being able to hire any time |
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b. being able to fire any time |
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c. not having to endure wage increases |
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d. not having to endure strikes or other Labor tactics |
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Unionists on Profit |
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Unionists believe that capitalists & workers take risks & therefore
the wkrs should be entitled to a share of profits & other returns |
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Labor believes they are entitled to a share of the profits & other
returns because the success of firm is dependent on the workers & the
workers invest in skills to work at the firm |
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In the state capitalist system predominate in most Western industrialized
nations, job rights, property rights, & other rights all conflict w/
capital's rights |
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Wkrs accrue seniority, experience, skills, which they see as investments,
which they believe entitles them to more rights than other workers |
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Plants accrue seniority as a result of worker & community investments,
which they believe entitles them to more rights than other plants |
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The drive system of the Robber Baron Period represents capitalist
resistance to Labor prior to WW2 |
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From the first unions until WW 2, firms used private security &
police to control organizers, unionists, etc. |
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Foremen (supervisors) had nearly unlimited shop floor power,
in that they could hire or fire or abuse workers on a whim |
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These employee relationships were known as the drive system because
capital drove the wkrs like cattle |
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Firms utilized other methods of resistance embodied in strategic plans,
such as |
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a. the American Plan |
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b. the Mohawk Valley Formula |
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c. Company Unions |
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Corp opposition to unions increased during the late 1800s through a
general strategy of opposition as embodied in specific strategic plans |
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Employers exchanged blacklists, lists of workers suspected of
union membership, to prevent such workers from getting jobs |
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Factory owners hired strikebreakers & armed guards to crush strikes |
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Sometimes, the state or fed govts sent troops to end a labor dispute |
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Many states passed laws to restrict union activity |
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The Sherman Antitrust Act of 1890, which was designed to prohibit trusts
that hindered trade, was used mostly against labor |
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Union leaders were found guilty of violating that law by interfering
with commerce |
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On this basis, judges issued court orders, called injunctions, forbidding
strikes |
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B. The corporatist period of
anti union activity spans the period from the 1940s to the 1970s |
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When the unions win recognition, this creates the corporatist period
of labor relations |
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The legitimization of the Labor Movement creates the tripartite nature
of employee relations among: |
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a. firms |
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b. workers as represented by unions |
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c. the govt as mediator |
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Laws & regulations foster collective bargaining as the preferred
method for solving labor conflict |
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After WW2 ended in 1945, the US entered the greatest period of econ
growth in its hist |
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Prosperity spread to more Americans than ever before, & unions
took steps to enable their members to share in the new wealth |
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A wave of strikes began, & the number of work stoppages reached
an all time high in 1946 |
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Unions scored impressive victories, including large wage hikes &
the first escalator clauses |
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The challenge of automation becomes paramount |
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Beginning in the late 1950s, many factories introduced automated machinery
to perform tasks formerly done by wkrs |
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Such automation caused many labor disputes when new machines &
methods threatened to eliminate jobs |
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Unions called for a variety of measures to protect the jobs & incomes
of wkrs affected by automation |
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The demands of unions in response to automatic included free retraining
& shorter workweeks to spread the available work among more employees |
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In 1962, the United Steelworkers of Am & the Kaiser Steel Corp
agreed to a landmark plan for dealing w/ automation |
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The Steelworkers plan for dealing w/ automation called for the money
saved by automation to be shared w/ wkrs through higher wages |
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In the steel industry, laborers replaced by machines would draw full
pay until they were retrained or assigned to a new job |
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In the 1970's the Western industrialized nations experienced several
shocks
to the system which influenced labor relations, including |
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a. oil shocks resulting in the tripling of oil prices |
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b. globalization creating globalized markets, corporations,
govt. orgs, division of labor, etc. |
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c. deindustrialization transforming economies from agricultural
to industrial, & industrial to service |
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d. stagflation exasperating the classic trade off for
govt. monetary policy makers btwn unemployment, the cost of capital, &
inflation |
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Firms responded systemic shocks, not by changing strategy to successfully
compete internationally |
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Firms responded to the systemic shocks by squeezing labor |
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An example of the corporations' response to the systemic shock is the
auto industry where they planned to build a cheaper car, not a better car
by pursing the following tactics: |
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- stay w/ big cars rather than moving to produce small cars, thus eschewing
research & product differentiation |
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- Focus on cheaper at the expense of quality |
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- Cut costs by cutting R & D and foregoing innovations which
would produce economic, hi tech, quality vehicles |
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Labor had no voice in these strategic decisions by the Am auto industry |
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Auto workers & Labor Mvmt leaders understood & opposed these
types of strategic decisions |
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The effect of the strategic decisions by the auto industry was to lose
market share to the Japanese & the Europeans, costing hundreds of thousands
of jobs in the auto industry & those industries which supplied it |
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Similar strategic decisions were made in steel, apparel, shoes, etc. |
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In the Corporatist Period, the concept of corporate responsibility
grows
from a concern only w/ investors to include other stakeholders |
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Those who are indirectly affected, or have a stake in a relationship
are called stakeholders |
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Corporate responsibility grew because of the effects of deindustrialization
on stakeholders other than workers, & because of other issues in the
Western industrialized nations such as the environment, the Vietnam War,
Civil Rights, & Women's Rights |
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The concept of corporate responsibility has grown just as the concepts
of property rights & ownership responsibility have grown: |
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In the past a person could do whatever they wanted on their
land regardless of what the neighbors, govt, or anyone thought |
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A person could do whatever they wanted on their land even when it harmed
people outside the land |
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Today to the law & landowners recognize the interests of others
immediately affected and those distantly affected |
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Today in employee relationships, corporations recognize some
responsibility to other parties & community actors who are affected |
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Typical stakeholders are:
- workers
- customers
- suppliers |
- competitors
- neighbors
- the community or communities |
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Stakeholders & Law: |
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Some of the responsibilities to stakeholders are in the law, but many
are not |
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Corporate responsibility is sometimes found in independent corporate
responsibility philosophy as created in the boardroom, taught in business
schools, etc. |
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Corporate responsibility is sometimes negotiated in contracts |
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Corporate responsibility is sometimes found in local laws & regulations |
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Example: MA (the Liberty state) has a 30 day plant closing law |
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But it is essentially toothless because firms can simply lay off less
than 150 people per month & not have to announce the plant closing |
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In the 1980s & early 1990s, labor unions faced the twin challenges
of a declining indl base & increasing automation |
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Lower labor costs helped foreign corps in the auto, electronics, &
other industries gain larger shares of the Am mkt |
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Many large U.S. factories in these industries closed, & large numbers
of union members lost their jobs |
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Later in the 1990s, however, the US econ experienced a long period
of steady growth |
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The unemployment rate fell, permitting union membership & bargaining
strength to increase somewhat |
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The Union Free Philosophy of the Post Corporatist Period |
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American business believed the path to success was to fight workers |
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New businesses were established w/o Labor |
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Old businesses attempted to reduce Labor's influence |
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Old businesses succeeded in reducing Labor's influence |
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Internal
Links
Top
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Outline on Union
Free Approaches
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External
Links
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- Project: Union Free Approaches:
Practice & Ethics |
Link
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Union Free Approaches: |
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Many orgs explicitly desire to operate w/o a union & |
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- implement policies which lead wkrs to resist unionization |
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- develop personnel policies to meet or exceed union standards |
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Other orgs do not respond to union demands per se, they simply adopt
& enforce personnel policies which mgt believes are right & appropriate
which match the desires of the wkrs |
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Example: Lincoln Electric |
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A large % of firms in the financial services sector are non
unionized |
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Many electronic firms are union free, including IBM, HP, TI,
Micro Soft |
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The largest & most infamous non unionized wkplace is Walmart |
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Many wkplaces that were once highly unionized are now either
partially unionized or not unionized at all |
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While any Am auto that opens a new plant is unionized, foreign owned
mfrs in the US are usually not unionized |
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Even in the US, when foreign mfrs open new plants, even when
their Am competitors are unionized, foreign mfrs are not unionized |
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Union free substantive policies include |
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- good wages |
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- job security |
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- promotion from w/in |
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- influential, proactive HRM |
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- good benefits |
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- a voice for workers |
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- the careful development of mgrs |
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Union free substantive policies must be viewed as a development that
resulted from the pressure that the Labor Mvmt has put on firms in general |
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W/o the existence of the Labor Mvmt, union free firms would be less
wkr centered than they are today |
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Firms often develop policies specifically to offer the same advantages
to wkrs that a union might provide |
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The existence of the wkr centered firm, which develops as a result
of Labor Mvmt pressure, would very likely decline or even cease to exist
if it were not for the steady pressure of the Labor Mvmt |
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Many experts in industrial relations are concerned that the wkr centered
firm might become less wkr friendly should the Labor Mvmt become any weaker |
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Internal
Links
Top
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Outline on Employee
Involvement Programs: Opportunities & Threats
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External
Links
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EMPLOYEE INVOLVEMENT (EI) COMMITTEES ARE KNOWN AS QCs, QWLs,
CIRCLES,
ECs,
OR COMMITTEES |
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Employer / employee committees, often called quality circles,
are formed so that workers can make recommendations to mgt. about
hiring, personnel assignments, hours, terms & conditions of work, &
other similar issues |
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The issues that are dealt w/ in EI are frequently the same issues that
are the subject of collective bargaining in unionized workplaces |
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The Taft Hartley Act forbids the dominance of a Labor or union
orgs by an employer, thus outlawing "business unions" |
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The Electromation court judgment narrows an employer's ability to broadly
ask employees to consider employment issues |
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The involvement of workers in non mandatory bargaining issues
is unlikely to lead to charges of employer domination, even though this
is one of the gray areas where some workers may feel pressure, but
are unable to prove it |
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Unions should be aware that QCs & other EI programs can weaken
union influence in the org, & therefore, control of the org |
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Wkrs will identify increasingly w/ the firm if the union doesn't support
opportunities for interest employees to be involved |
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Communication activities in EI programs are often similar to
collecting data w/ a survey & using this data as a representation
of wkr attitudes |
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Some EI programs are vested w/ supervisory tasks |
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General Foods established work groups & the groups made their own
work assignments, created & operated training programs,
& made recommendations on staffing |
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The employee involvement program groups in the Gen Foods org was found,
in a court case, not to be an employer dominated labor org |
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EI IS OFTEN AIMED AT IMPROVING PRODUCTIVITY, WORK LIFE,
PAY,
ETC. |
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Productivity studies find that giving workers more control of work
increases
productivity |
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Today, there are greater competitive pressures because of |
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- deindustrialization (conversion of old, heavy industry to
new light industry & information age-- & to services) |
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- globalization, global competition, & the movement of multinational
firms to foreign lands |
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Because of the competitive pressures of deindustrialization & globalization,
many firms are attempting to design more efficient work relationships &
quality circles are one design for increasing efficiency |
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EI IMPROVES WKPLACE CLIMATE, COMMITMENT, BRINGS CHANGE,
& BENEFITS MGT & LABOR |
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EI programs include FOUR components, including: |
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1. improving the wkplace climate |
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2. generating commitment in both mgt & wkrs |
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3. implementing change |
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4. creating benefit for both mgt & wkrs through increased
productivity, higher product quality, etc. |
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In planned programs, climate & commitment lead to change |
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In evolved programs, the climate leads to change which leads
in turn to commitment |
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In induced programs, change leads to appropriate climate &
commitment |
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Union willingness to become involved in QWL programs is related to
the progressiveness of the firm & increase foreign competition |
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Increased involvement in traditional wkplace decisions is related to
deregulation, changing demographics, & support by a parent national
union |
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Cooperation in strat dec mking is often increases as a result
of foreign competition & decreases as a result of domestic competition
because unions often represent wkrs in competitive domestic industries
& therefore are less willing to pit one firm against another |
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In an EI program w/ GM & the UAW, grievances, discipline, absenteeism,
number of local contract demands, & negotiating time were reduced |
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EI programs result in higher product quality & reduced grievance
rates |
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Product quality & productivity decreased when labor mgt conflict
increased |
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EI programs are associated w/ reduced absenteeism, accidents, grievances,
& quits |
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EI programs lead to greater loyalty to the union, rather than undermining
commitment |
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The effectiveness of the grievance procedures is a stronger predictor
of attitudes to the union than EI participation |
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EI is associated w/ improved job satisfaction & enhanced commo
skills |
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EI programs increase "orgl citizenship" both through participation
& changing job characteristics that require more task sharing |
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Union antagonism toward EI does not influence employee attitudes, but
it does reduce participation |
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THE LEGALITY OF COOPERATION PLANS IS SOMETIMES PROBLEMATIC
BECAUSE THE LAW STATES WKRS MAY NOT TAKE ON MGT FUNCTIONS UNLESS
THEY ARE CLASSIFIED & PAID AS MGRS |
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Among unionized firms, cooperation plans meet the requirements of the
labor acts because they are jointly agreed to by unions & mgt |
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Firms & nonunion firms estb joint mgt employee committees to deal
w/ production & employment issue |
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Joint mgt employee committees may violate labor law unless the process
& the subject of their work is closely regulated |
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The Taft Hartley Act (THA) forbids firms from creating & operating
employer dominated labor orgs |
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Discussion of employment issue or proposals by committees for taking
action on areas related to wages, hours, terms, & conditions of wk
which intrude into the mandatory bargaining issues specified in the act |
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The NLRB was faced w/ ruling on the legality of an employer sponsored
committee in the Electromation case |
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In the Electromation case the NLRB asked when does a mgt wkr committee
lose its protection as a communication device & become a labor org,
i.e. a business union? |
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In the Electromation case the NLRB asked what employer conduct is interference
or domination of mgt wkr committees? |
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In the Electromation case the firm had set up five volunteer committees
to look at absenteeism, pay bonuses, etc. |
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In the Electromation case the firm initiated the committees, drafted
their goals, & had mgt reps to facilitate |
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The NLRB rules that the Electromation wkr mgt committee was a employer
dominated labor organization |
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While it is difficult to determine what is a legal wkr mgt committee
in a nonunion setting, such committees are still going ahead in many firms |
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EI IS AT THE CENTER OF THE SUCCESS OF HIGH PERFORMANCE WORK ORGS
(HPWOs) |
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High performance wk orgs are firms that have adopted many EI &
other wk practice innovations that increase wkr participation in or control
of the the wkplace |
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Research indicates that firms need to implement a coherent set of practices
in order to enhance orgl performance |
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A study of mini mills found that plants that implemented a combination
of problem solving teams, flexible job assignments, training for multiple
jobs, guaranteed employment security, & flexible pay plans were more
productive & profitable than firms that implemented smaller combinations
of these |
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Operating up time & added value were proportionally greater as
more EI programs were added |
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Wkrs are proportionally more satisfied w/ work as more EI programs
are added |
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WORKPLACE RESTRUCTURING IS SOMETIMES THE IMPLEMENTATION OF
EI & OFTEN A GUISE FOR LAYOFFS & PAY CUTS |
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Because of globalization in the form of increased foreign competition,
a great deal of wkplace restructuring has taken place over the past 20
yrs |
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This has been the orgl env in which EI programs have been born in US
Labor mgt relations |
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Restructuring increases the intensity of wk, reduces the number of
wkrs in mfr jobs, reduces mid mgt, & has outsourced many jobs |
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Wkplace restructuring & firm performance improve when the local
union has horz & vert commo network ties & internal political vitality |
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Firms that implemented substantial EI programs during the early 90s
had higher layoffs & no net increase in pay |
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Restructuring, overall, has been negative for wkrs, & had mixed
results for the firms themselves as seen in smaller sales gains & smaller
export gains |
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EI programs have neither increased job security nor pay except where
the org's revenues were growing |
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Unions have also not made gains where EI programs were implemented |
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THE DIFFUSION & INSTITUTIONALIZATION OF CHANGE IS SLOW
IN THE US COMPARED TO EUROPE & JAPAN |
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An imp issue for labor & mgt is how successful changes get diffused
both w/in an org, as well as among orgs & become commonplace, the norm,
i.e. institutionalized |
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EI needs a stable env to grow, & yet it is apparent that EI in
the US has grown in the era of globalization, deindustrialization, downsizing,
sourcing, restructuring, etc. |
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|
In any EI program, the union needs to avoid or isolate collective bargaining
shocks & mgt needs to avoid strategic shocks |
|
|
Layoffs create problems for teams because wkrs use competitive seniority
rights to bump in & out |
|
|
Changes are aided by implementing them in new facilities w/ new wkrs
& then diffusion of successful changes can them move to estbed setting |
|
|
Unions can assist change best when they have a role in strat dec mking
such as plant locations |
|
|
They may provided needed concessions & wk rule changes to make
existing facilities economically viable |
|
|
Training in new tech, increased job security, ensuring the viability
of the firm, & satisfying wk processes are imp issues to wkrs &
unions which EI programs can address |
|
|
Labor should recognize that gainsharing & innovative participation
are a logical pieces of successful labor mgt relations in today's wkplace |
|
|
The ability to institutionalize change depends on high levels of trust
& commitment by union leaders, union members, wkrs, supervisors, plant
mgrs, & corp execs |
|
|
Each of these orgl actors has different interests, a different status
quo to protect, a different perception of EI programs, & a different
role to play in advancing EI & a stronger wkplace |
|
|
Estbing trust is not easy in the era of globalization, but it can be
done, & it will improve the wkplace for all actors |
|
Internal
Links
Top
|
Outline on Election
Campaign Tactics by Corporations
|
|
External
Links
|
|
CORPORATE ELECTION CAMPAIGN TACTICS UTILIZE CONSULTANTS & OTHER
TACTICS TO INFLUENCE WKRS, DISCREDIT UNIONS, DEMONSTRATE THE STRENGTHS
OF THE CORP, STALL ELECTIONS & CERTIFICATIONS, WIN ELECTIONS, &
MOUNT ANY LEGAL OPPOSITION POSSIBLE |
|
|
Campaign tactics by corps varies widely depending on the size, or power,
& sophistication of the corp |
|
|
Smaller firms often rely on labor relations consultants or attorney
to assist in organizing & implementing campaign tactics as well as
other labor mgt relationships |
|
|
Large firms have their own in house union advisors |
|
|
Firms use a wide variety of preventive process such as implementing
a variety of influences, contextual control, & monitoring activities
to reduce the chances of the union gaining recognition |
|
Link
|
The Table: Employer Election
Campaign Tactics demonstrates that firms have many campaign tactics
that vary in their objective along the dimensions of influencing the membership,
controlling the context or env of labor mgt relations w/in the firm, &
monitoring the impact of the firms anti union activities on the wkrs |
|
Link
|
The Table: Relative Frequencies
of Common Employer Campaign Themes demonstrates that
while mgt has many common tactics, the most common instill the fear of
strikes, high union dues, fines, domination of the union by outsiders,
& others in the wkrs |
|
|
Mgt uses a variety of consultants in opposing unions, each which may
be used at a different time in the anti union process |
|
|
Anti union consultants may include attorneys, campaign advisers, advocates
of positive labor relations, security services, trade & industry associations,
advocacy grps, educational institutions, & others |
|
|
Anti union security services often provide investigation resources,
surveillance, threats, & control of the firm's physical & data
environments |
|
|
Anti union trade & ind assoc provide expertise from previous campaigns,
a network of anti union resources, assistance in mitigating union tactics,
& a broad anti union propagandized union free ideology |
|
|
Anti union education instit are freqly found in business schools &
pro biz grad schools often provide cutting edge union avoidance info, strategies,
& practices |
|
|
Unfair union avoidance strats include improving wages, hours, terms
& conditions of employment, or discriminating against union supporters |
|
|
Firms will often even use unfair union avoidance tactics to support
their own position by informing employees that 'wages can't go up as long
as you are considering the union,' ignoring the fact that wages may go
up after the wkrs either accept or reject the union |
|
|
Firms do sometimes use unfair union avoidance practices & such
practices are found to lead to a high level of mgt victories |
|
|
For the firms, the cost of having been found to have committed an unfair
labor practice is low compared to the costs of unions winning representation |
|
|
The greater the differential btwn union wages in an ind & the firm's
wages, the greater mgt's resistance will be |
|
|
Wage differentials are more imp that the desire of wkrs for a union
in influencing mgt to engage in active union resistance |
|
|
Active union avoidance for new facilities decreases the likelihood
of organizing from about 15 % to 1 % |
|
|
DECERTIFICATION, I.E. REMOVING A UNION, IS BOTH A TACTIC
& A GOAL OF MANY CORPS IN THAT THEY CONSISTENTLY PURSUE DEFEAT OF THE
UNION |
|
|
Once certified, union face risks in continuing their representation
role by way of a decertification election |
|
|
A decertification election may take place one year after the certification
period ends & oust the union |
|
|
Decertification elections are more successful in small units w/o local
leadership, w/ low member involvement, w/ a changing composition of represented
wkrs, & w/ affiliation to a large national union |
|
|
Economic variables which increase decertification include inflation,
low union density in the ind, a hi freq of strikes, & small bargaining
unit size |
|
|
The ratio of decertification to certification elections has increased
from 1 in 20 in the 1950s & 60s to 1 in 4 in the last several yrs |
|
|
Institutional changes in the labor mgt env that have increased decerts
include weak regulation of unfair labor practices, reductions in social
spending, a Republican President, & a Republican Congress |
|
Table:
Employer
Election Campaign Tactics
|
Objective
|
Employer Activities
|
Influence |
Captive Audience speeches |
|
Small grp & individual meetings |
|
Letters, posters, handbills, and other written communications |
|
Threats and/or inducements |
|
Films, slide shows |
Contextual control |
External |
|
Use of regulatory agency procedures |
|
Election delays |
|
Linkages with community institutions
(banks, police, newspapers, churches, etc.) |
|
Intra unit |
|
Supervisor training |
|
Discriminatory treatment of union
supporters |
|
Short term improvement in wages,
working conditions |
|
Establish or support employee
solicitations by union supporters |
|
Escelsior list agreements |
Monitoring |
Attitude surveys |
|
Surveillance |
|
Interrogation |
|
Reports from operatives and management loyalists |
|
The Table: Employer Election Campaign
Tactics demonstrates that firms have many campaign tactics that
vary in their objective along the dimensions of influencing the membership,
controlling the context or env of labor mgt relations w/in the firm, &
monitoring the impact of the firms anti union activities on the wkrs |
Table:
Relative
Frequencies of Common Employer Campaign Themes
|
|
Campaign Theme
|
Frequency %
|
Bargaining Impact Themes |
66 %
|
Strikes may occur |
40
|
High union dues |
33
|
Potential for fines and assessments by the union |
24
|
Unions cannot guarantee any changes |
14
|
Possible plant closing |
14
|
Bargaining may actually reduce wages, benefits,
and the like |
5
|
Antiunion Themes |
35
|
Union will interfere with good worker management
relations |
7
|
Union dominated by "outsiders" |
13
|
Union has failed elsewhere |
6
|
Union is corrupt |
9
|
Union is radical or leftist |
6
|
Union will subject workers to rules |
6
|
Unionism is inconsistent with employee and
community values |
1
|
Pro company Themes |
20
|
Management is a friend to workers |
7
|
Workers already enjoy high wages and/or
good working conditions |
9
|
Give company another chance |
8
|
The Table: Relative Frequencies of Common
Employer Campaign Themes demonstrates that while mgt has many common tactics,
the most common instill the fear of strikes, high union dues, fines, domination
of the union by outsiders, & others in the wkrs |
|
|
Internal
Links
Top
|
Outline on Contracts,
Job Structuring, & Union Avoidance
|
|
External
Links
|
|
THE FIRST CONTRACT |
|
|
Even when a union wins a representation election, it still faces formidable
barriers in estbling the first contract |
|
|
When the NLRB certifies the results of a representation election,
bargaining may commence |
|
|
If an election is close, firms often contest the election based on
any campaign irregularities such as the eligibility of some voter |
|
|
If objections are raised to the representation election, some time
elapses until the NLRB issues a ruling |
|
|
While the delay due to the contestation of the representation
election occurs, the firm may implement a number of wkr relations actions
to indicate it ill take a tough stance toward the union |
|
|
The firm may discriminatorily take action against union activists,
thereby committing unfair labor practices, but which also reduce longer
run interests in remaining unionized |
|
|
If the union is faced w/ an intransigent mgt strat, it needs
to expend time, energy, resources, & the efforts of its best members
to combat the firm on an issue by issue basis |
|
|
The union often shifts its tactics from an organizing mode to a
negotiation mode in order to successfully negotiate the first contract |
|
|
Firms & unions often find that the negotiation of the first contract
is the most imp contract & therefore the most contentious contract |
|
|
For firms & unions the first contract is the most imp because it
sets the basis for the following contracts |
|
|
If the first contract is, from the union pt of view, weak, then mgt
may find it easy to launch a decert election, & decert elections
are typically much more successful for mgt in the first few yrs, esp if
the first contract is weak |
|
|
Organizing is adversarial, while negotiating requires at least
a min of cooperation which assumes that joint agreement on a settlement
is a primary goal |
|
|
While the law requires firms & unions to negotiate in good faith,
firms often try to sabotage or weaken the first contract in order to set
the stage for a decert election |
|
|
If a nat union was involved in assisting in organizing, a different
representative, one not involved in organizing, is brought in to assist
the new local |
|
|
Local union members have no experience in negotiating so they
need training & assistance from the national |
|
|
An unaffiliated local often has difficulty in learning how to negotiate,
but this weakness may be offset by greater wkr involvement in its
org & operation |
|
|
A firm may undermine the union during the bargaining process |
|
|
The firm might refuse to bargain on tech grounds such as the appropriateness
of the bargaining unit (BU) |
|
|
A refusal to negotiate in good faith is a difficult charge to prove,
so the union, or mgt, must document its allegations carefully before presenting
them to the NLRB |
|
|
If the NLRB intervenes, it may issue a bargaining order to require
both sides to bargain in good faith |
|
|
The firm or the union might bargain in a defiant or evasive manner |
|
|
Firm defiance may be marked by making it difficult for the union to
get info about the firms situation & starting w/ an offer that
includes conditions & wages lower than what is presently implemented |
|
|
If the firm forestall reaching a contract for at least 1 yr
after initial certification, wkrs can, w/ sufficient interest, petition
for a decert election |
|
|
If the union fails to enroll a majority of wkrs as union members
& concludes that interest in representation is waning, the firm might
try for a decert election |
|
|
Since the Reagan Revolution, i.e. the early 1980s, newly organized
firms have taken a harder line in negotiating first contracts, esp since
there are few real penalties the NLRB can impose for refusing to bargain |
|
|
Where mgt is exp intransigent, community action &, or corp campaigns
may be the only effective strat the union can use to buttress it attempts
to win the first contract |
|
|
JOB STRUCTURING |
|
|
An imp part of the first contract is job structure which is the determination
of whether jobs fall w/in the jurisdiction of the BU or not |
|
|
Job structuring can be an on going issue for negotiation as the nature
of the wkplace changes |
|
|
When an election is held, the NLRB defines what jobs & what wkrs
are w/in the BU |
|
|
The law requires professionals to agree affirmatively to be
part of a BU before they can be included |
|
|
If a set of jobs is changed radically & skill requirements
are increased, the firm may argue that they are no longer a part of the
BU as it was defined at election time |
|
|
If low skilled jobs are outsourced, the BU is gradually hollowed out
by job design changes, & bargaining power is lost |
|
Internal
Links
Top
|
Outline on the Decline
& Resurgence of the Labor Movement
|
|
External
Links
|
|
- Project: The Decline
& Resurgence of the Labor Movement |
Link
|
|
- Project: Video:
Walmart:
Factors Affecting Success & Decline of the Labor Movement |
Link
|
|
- Supplement: Walmart:
The High Price of Low Cost |
Link
|
|
- Supplement: Union Members
in 2008 |
Link
|
|
UNION MEMBERSHIP HAS DECLINED SINCE ITS PEAK IN THE 1940s, BUT IS
RESURGING IN THE 00s |
|
|
- Summary: Union membership peaked in the mid 1940s &
50s at approximately 1/3 of the workforce & has declined steadily since
the mid 1950s to about half that level today. Labor has been under
attack & in decline since the 80s. Deindustrialization &
globalization have both affected labor negatively. The political
climate has shifted away from Labor in that there is less enforcement of
Labor laws & regulations & less public support for Labor.
Labor has succeeded so much that many workers are relatively satisfied
w/ work conditions & outcomes |
|
Link
|
The Table on US Union Membership
shows that membership peaked in the mid 1940s & 50s at approximately
1/3 of the workforce & has declined steadily since the mid 1950s to
about half that level today |
|
|
Union membership in the US grew during the Great Depression, the 1950s,
1960s, the early 1970s, & now, the early 2000s |
|
|
Union membership in the US declined during the 1980s, 1990s |
|
|
But Labor is experiencing somewhat of a resurgence in the 2000s |
|
|
In 2008, unions experience their second consecutive year of growth |
|
|
For more on union demographics & growth rates see Union Membership |
|
|
See Also: Union Membership |
|
|
See Also: Membership Trends |
|
|
Strikes decline from 70s to 90s |
|
|
In 1971 at the peak of union membership, 2.5 mm workers struck |
|
|
In 1992, when Labor was weakened by political & economic factors,
there were only 35 strikes of 364,000 workers |
|
|
Overall, only .1% of work time is lost to strikes |
|
|
Strikes are unpopular in today's climate of downsizing |
|
|
FACTORS AFFECTING DECLINE & RESURGENCE INCLUDE ECON, TECH, SOC,
CULTURAL, DEMOGRAPHIC, POL, INTL COMP, CORPS, & UNION AFFAIRS |
|
|
There are many factors affecting the success, the decline & resurgence
of the Labor Movement, including economic, technological, social, cultural,
demographic, political factors & international competition, company
resistance, & internal union affairs |
|
|
1. IN THE ECON, A BOOM IS AN ADVANTAGE & A BUST
IS A DISADVANTAGE FOR UNIONS |
|
|
Economic Factors affect the success of the Labor Movement |
|
|
Deindustrialization, the movement of smokestack industries to
foreign, low wage countries, has resulted in the loss of traditional union
jobs in industry |
|
|
Globalization, the movement of all industries (industrial, agricultural,
service, high tech, etc.), to low wage, foreign countries, has resulted
in the loss of traditional union jobs as well as jobs in new, growth areas |
|
|
Traditional union jobs, i.e. industrial jobs, have largely disappeared |
|
|
The decline of major "smokestack" industries, which were heavily organized,
resulted in less union members |
|
|
Unions have failed at limiting downsizing |
|
|
Wage inequality has continued / worsened by unions, as a result of
large
economic cycles ( Dual economy as created by the Great Labor Compromise
) |
|
|
2. TECH DISPLACES WKRS & DESKILLS WKRS & SO
IS A DISADVANTAGE FOR UNIONS, BUT IT ALSO MAY INCREASE SKILL LEVELS &
SO IN AN ADVANTAGE FOR UNIONS |
|
|
Technological Factors affect the success of the Labor Movement |
|
|
For all of history up to the beginning of the industrial age, there
was a labor shortage |
|
|
Empires rose & fell based on how much labor they could gather |
|
|
Since the industrial revolution, there has been a labor surplus
in the modernized sectors |
|
|
Labor from the non modernized sectors used as competition for modernized
workers |
|
|
Technology serves to increase the surplus of labor in the modernized
sector |
|
|
Unions have adapted to the contrasting sectors w/ their surpluses &
deficits of labor w/ the traditional tactics of featherbedding & holdout |
|
|
3. SOC, CULTURAL, & DEMOGRAPHIC FACTORS IMPACT
UNIONS IN THAT THE WKING POP IS MORE DIVERSE & FRAGMENTED, TRADL
& CONSERVATIVE, MID & UP MID CLASS, PROFL, & HAS A 'VOICE'
& SO IS LIKELY TO HAVE FALSE CONSCIOUSNESS: PURSUING 'COUNTER INTERESTS' |
|
|
Social, cultural, & demographic factors affect the success
of the Labor Movement |
|
|
For the Labor Mvmt, saturation denotes that all "easy" unionization
targets have been organized |
|
|
The workforce has changed on many social, cultural, & demographic
dimensions, including:
- race
- skill
- nationality
- class |
- gender
- age
- politics
- status, etc. |
|
|
|
Unions have been slow to adapt to social, cultural, & demographic
changes |
|
|
Today the workforce is less homogenous, i.e. more diverse &
is therefore harder to unionize, to create a community of interests |
|
|
As workers moving into the middle class (MC) had made it easier for
them to be easy to be free riders |
|
|
Unions entail costs such as dues, risk, cost of expansion, issue fragmentation,
& others |
|
|
MC wkrs see little benefit in incurring the costs of unionization since
they get many of the benefits of unionization as firms provide them to
prevent unionization |
|
|
Non unionized wkrs receive the spillover benefits from unionized wkrs
in that the higher wages, benefits, safety programs, training & so
on that organized Labor has won for its workforce have become the standard
conditions for even the non unionized wkforce |
|
|
Thus the key to organizing wkrs is to directly address practical membership
concerns of traditional & non traditional wkrs |
|
|
One reason the Labor Mvmt has declined is because of it's failure to
address membership concerns of traditional union workers (white,
working class, males in industry), as well as those non traditional wkrs |
|
|
Today there are more professional orgs which address Labor issues
but fail to federate w/ unions |
|
|
Labor has failed to organize the middle class (MC) & the upper
middle class (UMC) |
|
|
The demographic set of the middle class & the upper middle class
has not been organized both because of demographic changes, but also because
the Great Labor Compromise / Wage Unionism are inherently flawed ( See
Below: Internal, Union Factors affecting the success of the Labor
Movement ) |
|
|
The MC & the UMC get paid more today & so are not as hungry
as the WC |
|
|
The MC & the UMC have false consciousness, i.e. they do
not have a world view or ideology that supports the interests of their
own class |
|
|
False consciousness is similar to such concepts as inauthenticity in
philosophy |
|
|
The MC & the UMC believe (wrongly) that:
- they may move up to the upper class
- what happens to others, i.e. the LC, does not really affect
them
- (wrongly) in individualism is the most noble / best
lifestyle
- the position of the LC & below is their own fault; i.e.
the MC & the UMC fail to understand the operation of the social forces
of culture & social structure |
|
|
The MC & the UMC have a "voice" & so have less of a
need for unionization, because they:
- understand the legal & social systems, thus understand
their rights
- have some political power
- have some $$, & thus can afford a lawyer |
|
|
4. POLITICAL FACTORS IMPACT UNIONS, WHICH HAVE A STRONGER,
BUT IMPERFECT, RELATIONSHIP W/ DEMS THAN REPS, & ARE GENERALLY
OPPOSED BY REPS |
|
|
Political Factors affect the success of the Labor Movement |
|
|
As a result of the Great Labor Compromise, the American Labor Movement
has never had a political party |
|
|
Thus, the American Labor Movement has always had a rocky relationship
w/ political parties |
|
|
Labor lost of control of the NLRB through the election of sequential
Republican Presidents: Reagan in 1980 & 1984; Bush Sr. in 1988 |
|
|
Staffing of the NLRB has one Presidential appointment, one Labor, one
mutually agreed to |
|
|
Reagan Republican appealed to cross-over Democrats such as conservative,
white males, including many unionized members |
|
|
Reagan Democrats caused decreased member solidarity |
|
|
The US population in general is believed to be more politically alienated |
|
|
The political climate has shifted to the right, worldwide (conservatives
gained power; liberals lost power) |
|
|
Legislative acts (laws), regulatory agencies (govt agency rules), judicial
ruling (judicial precedent), and public opinion have all moved to the right |
|
|
This has made it more difficult for unions |
|
|
Employers have been supported in their aggressive stance against unions |
|
|
More specialized anti organizing mgt. consultants |
|
|
During the Bush Jr. administration (2000- 2004 ) first week
in office, he institutes new Executive Orders limiting union ability to
use union dues for political purposes |
|
|
5. INTL COMP, GLOBALIZATION, DEINDUSTRIALIZATION,
ETC. HAVE ALL MOVED UNIONIZED JOBS TO THE SO & SW & TO FOREIGN
NATIONS |
|
|
International Competition has resulted in the decline &
resurgence of the Labor Movement |
|
|
As a result of Deindustrialization & Globalization, competition
among workers has increased as has competition among businesses |
|
|
Increased job pressure as seen in high unemployment, lay-offs, &
downsizing have all made workers reluctant to join unions & to go on
strike |
|
|
Job pressure resulted at least in part from international competition
& the movement of factories & corporations overseas for cheap labor,
low taxes, low environmental regs, & low safety & health regs |
|
|
Because of job pressure many corporations have felt able to seeks contractual
concessions from Labor or their total elimination |
|
|
Wage concessions peaked in the early 1980s when unemployed was above
9% & have declined since then |
|
|
Chronically high unemployment has created a new bargaining environment
that creates an aggressive stance on the part of mgt. |
|
|
Direct plant closings, layoffs, downsizing all replace demands for
wage concessions & put fear into the workforce |
|
|
6. CORP RESISTANCE TO UNIONS HAS GROWN DRAMATICALLY
& HAS UTILIZED CUTTING EDGE SOC SCIENCE |
|
|
Increased Company Resistance has resulted in the decline of
the Labor Movement |
|
|
See Also: Corporate Activity & the
Labor Movement |
|
|
Mgt is increasingly resistant to unions, & has activity used union
busting strategies & tactics |
|
|
7. INTERNAL UNION DYNAMICS
OF CORRUPTION, CRIME, STRONG ARMING, AUTHORITARIANISM, ETC., HAVE HURT
UNIONS, WHILE DEMOCRACY, JUSTICE, & PROGRESSIVE SHORT & LONG TERM
STRATS ARE AN ADVANTAGE |
|
|
Internal Union Dynamics affect the success of the Labor Movement |
|
|
The Labor Mvmt is not a monolithic org, rather it continues to have
deep internal schisms |
|
|
Various unions had employed different strategies for articulating &
realizing wkrs' goals (Form, 1985) |
|
|
Labor embraces a variety of divergent view pts & needs, ranging
from those of doctors & skilled craft wkrs to clerical wkrs & janitors |
|
|
Labor often merely reacted to circumstances both because of the conservative
nature of it's leadership, but also because of the power of corps, &
the rapid changes in the socio historical landscape |
|
|
Unions have been attacked physically, & w/ econ & social methods
such as disinformation & propaganda |
|
|
Unions have had to embrace innovative & risky strategies in the
past to overcome adversity, & are doing so again |
|
|
Risky strats imply that some will fail & some will succeed &
at present, Labor is experiencing a modest, but important comeback |
|
|
Unions reacted to technological displacement of workers w/ traditional
strategies of "featherbedding," & hold-out |
|
|
Unions reacted to economic factors of downsizing, etc. w/ traditional
strategies of "featherbedding," & hold-out |
|
|
Unions have not accepted economic change; unions should advocate
retraining & organization of new industries |
|
|
Unions chose political allies based on interests other than
those of the membership, i.e., rejection of politicians who fought corruption |
|
|
Unions have rejected, & not embraced political allies |
|
|
- Minorities & the Civil Rights Movement |
|
|
- The Environmental Movement |
|
|
- The Women's Movement |
|
|
The Labor Movement has been less aggressive at organizing |
|
|
Working together has the advantage that there is less "raiding", but
it has the disadvantage that there is less competition for members |
|
|
Unions have been slow to change: to organize service jobs,
women, minorities, etc. |
|
|
Union corruption has discouraged many workers from joining a union |
|
|
Lack of union democracy creates a lack of internal debate &
domination by an old guard who is not always responsive to the desires
of the membership |
|
|
The GLC & Wage Unionism are inherently flawed |
|
|
Union Strategy as controlled by the old guard needs revision / updating |
|
|
Great Labor Compromise / Wage Unionism are inherently flawed |
|
|
Part of the "wage unionism deal"/ Great Labor Compromise was that Labor
would unionize only craft & industrial workers, who at that time were
Lower Class (LC) |
|
|
This strategy retards organization of non-traditional workers |
|
|
This strategy retards organization around non-traditional issues |
|
|
See Next: The Future of the Labor Movement |
|
Table on US Union Membership 1930 -
2000 |
Year
|
Total Wkrs
in millions
|
Union
in millions
|
% in Unions
|
% Change
|
1930
|
29.4
|
3.4
|
12 %
|
|
1935
|
27.1
|
3.6
|
13 %
|
+ 1 %
|
1940
|
32.4
|
8.7
|
27 %
|
+ 14 %
|
1945
|
40.4
|
14.3
|
36 %
|
+ 9 %
|
1950
|
45.2
|
14.3
|
32 %
|
- 4 %
|
1955
|
50.7
|
16.8
|
33 %
|
+ 1 %
|
1960
|
54.2
|
17.0
|
31 %
|
- 2 %
|
1965
|
60.8
|
17.3
|
28 %
|
- 3 %
|
1970
|
70.9
|
19.4
|
27 %
|
+ 1 %
|
1975
|
76.9
|
19.6
|
25 %
|
- 2 %
|
1980
|
87.5
|
20.1
|
23 %
|
- 2 %
|
1985
|
94.5
|
17.0
|
18 %
|
- 5 %
|
1988
|
101.4
|
17.0
|
17 %
|
- 1 %
|
1990
|
102.4
|
16.8
|
17 %
|
NC
|
1998
|
116.7
|
16.2
|
14 %
|
- 3 %
|
1999
|
|
16.2
|
|
|
2000
|
|
|
15.4 %
|
|
2007
|
129.7
|
|
12.1 %
|
+ %
|
2008
|
129.3
|
16.1
|
12.4 %
|
+ %
|
The Table on Union Membership shows
that participation in the Labor Movement grew until the 1950s, declined
slowly until the 1980s then rapidly declined & has recently stabilized |
Red denotes the high
in union membership in absolute numbers & in percentage, respectively.
Note that unions peaked in power from 1945 to 1955 when union membership
percentages were the highest. Note: The wkforce shrank in 2008
because of the Bush recession. |
|