Negotiating With a Union

Labor Unions Involving the Bargaining Team Labor unions once represented a significant share of the U.S. labor force, peaking at almost 35% of workers in 1954 however this percentage has declined steadily to less than twelve percent (Vachon & Wallace, 2013). The decline in the rate of unionization has left many organizations unfamiliar with responsibilities duties that they have to unionized members of their organization.

Despite the unions not having as large of a presence in society, most of the rules and regulations that govern these interactions are just as strong today as they were in the peak of the union's power. Therefore, organizations that deal with the presence of unions must be cautious to ensure they meet all of their requirements.

Furthermore, even though the number of unions has fallen, the average size of the membership base in organizations has grown; the number of members per union grew from 114,000 in 1974 to 180,000 in 2007 and the changes in the size distribution are linked to the growth of a few very large unions (Pencavel, 2014). Organizations must allot several rights to the union as well as not engage in certain behaviors. Any breech of these rules or regulations can make the organization liable legally for its actions.

As a consequence, it would make sense for the bargaining team that is tasked managing the negotiations with the union to be present at the presentation of the rights and responsibilities. It is necessary for this team to understand the limits and scope of their negotiating options.

"The National Labor Relations Act forbids employers from interfering with, restraining, or coercing employees in the exercise of rights relating to organizing, forming, joining or assisting a labor organization for collective bargaining purposes, or from working together to improve terms and conditions of employment, or refraining from any such activity.

Similarly, labor organizations may not restrain or coerce employees in the exercise of these rights (National Labor Relations Board, N.d.)." Thus, if the negotiating team inadvertently denied any one of these rights, it would consequently weaken the organizations position as well as potentially make them legally liable for their actions -- whether they understood their responsibilities or not. Three specific violations of the union law that might be relevant to the negotiating team's position include (National Labor Relations Board, N.d.): 1.

Promising benefits to employees to discourage their union support. 2. Questioning employees about their union sympathies or activities in circumstances that tend to interfere with, restrain or coerce employees in the exercise of their rights under the Act. 3. Refusing to process a grievance because an employee has criticized union officials or because an employee is not a member of the union in states where union security clauses are not permitted. The National Labor Relations Board authorizes unions to be able to organize free of coercion.

However, what defines coercion can be relatively vague and easy.