Throughout this essay, I will describe the economic weapons available to employers and unions in negotiations. For each, I will explain how the weapon is designed to exert pressure on other parties and the advantages and disadvantages of each. Keep in mind, I will be focusing on the private sector employees covered by the NLRA. I will try to make a distinction that would apply to public and not NLRA covered workers as I go along.
economic weapon of employers consist of a lockout; plant closings and other economic pressures
While locking is primarily an economic weapon used by employers. it is rarely used. According to the class handout, the employer can lock out its workers to bring economic pressure on the merger. For example, an employer can Lock offensively, ie to put economic pressure on the union to become negotiate their claims. In other words, the theater could lock-union employees in the maneuver see the slow season to outmaneuver the possibility of the union striking at the busiest right to apply its pressure on the theater. Thus, the theater hopes to resolve the labor issue, to their advantage, before the busy season (eg Christmas season).
Lock is consisted of other things, as well as general aspects described in the preceding paragraph, such as: time; Impasse pre-lockout, and partial lockouts. The employer can hire afleysinga- the lockout but it is not allowed to hire permanent replacement. Pre-Impasse lockout lockout are performed before impasse (deadlock in negotiations).
On the other hand,
part lockouts come from the law on employer, however, allow employees to work hours, stop providing other contractual obligations as an opportunity to work overtime or payment of penal rates.are lockout provided in part way (www2.stats.govt.nz ).
Both pre Impasse lockout and partial lockouts are legal as long as they are not
support a bad faith bargaining; reducing union activity; to assist ULPs, and etc. If not, they would be illegal and inconvenience to the employer.
As a lockout, the employer can use a plant closure as an economic tool to exert pressure on the merger. A plant closing can be divided into three main parts: a complete shutdown; Partial closure, runaway shop. The advantage of complete closure is that the employer can completely ceased their activities, even if it is motivated purely and admittedly by anti-union animus. However, the employer may be obliged to negotiate the impact closure.
A partial shutdown (as the name suggests) is legal unless it can be proven that the employer intended to “chill” unionization. If not, measures would be applied to start the base or other resources can be found.
As for runaway shop, it is defined as when the employer transfers the work from one plant to another plant or open a new plant to replace one closed. It also applies within the plant, where work is transferred from one department or group of workers to another. The same applies if the work is subcontracted out to “Alter Ego” employer. Advantage and disadvantage Runaway shop is that although the NLRB considered moving work to be inherently destructive (disadvantage) of workers’ rights, the theory was later rejected (advantage) in the absence of specific contractual ban. In other words, an employer can argue that economic necessity dictated that he / she applies Runaway shop to avoid unnecessarily burdensome economic
Other types of economic pressure are common campaign. promotion and political pressure. These kinds of economic pressures are advantageous as long as they toe the line of the law. For example, an employer should not reduce the NLRA in the corporate campaigns and promotions, and it should not break the law when applying political pressure (stay away from bribe officials).
To counter means (as owner / managers) employers the upper hand in the negotiations and his / economic her arms, unions employ economic weapons like strikes and picket lines. Strikes can be divided into economic strikes; ULP strikes; secondary strikes, and unprotected strikes.
First, economic strikes strike usually used to oppress the employer to agree to raise, for example. The disadvantage of economic rise is striking employees can be permanently replaced after 12 months on strike. Team Consequently, ULP strikes used mostly where the employer can not legally replace strikers with permanent replacement after a year of striking. Regardless, you ULP strikers to avoid striking against a third party to influence their negotiations because the other strike is illegal -. Unprotected strike
Other unprotected strikes striker ULP has avoided include failure to provide 8 (d), (g) reporting; fraud or abuse; striking for an illegal object; partial or intermittent strikes; slowdowns and sit ins. Let’s start with 8 (d), (g) notice; it is a notice required to be present at certain time frame to avoid a strike or picketing from gaining unprotected position. Likewise, striker defaming employer no logical connection to the strike or commit violence exposed. For example, a striker can not say product employer is of low quality without involving low quality caused by inexperienced / a warm afleysinga- thus jeopardizing safety.
Similarly, the striker can not strike to force an employer to accept illegal or permitted subject to negotiate otherwise known as striking for an illegal object. Unlike partial lockouts, are partially or intermittent strikes are not protected. In the same vein are slowdowns and sit ins not protected, too. The employer reserved the right to conduct unprotected strikers.
Moreover, strikes, unions use picketing the technology also. For example, a union may picket employer to get recognition. However, the union has to be careful not to create a purpose or effect to prevent individuals employed by other parties that stop providing service picketed employer. For example, they will be deemed vulnerable if they prevent or picking up deliveries by third parties. Thus, an employer can make picketing union removed or severely restricted or punished in other ways. However, if the delivery personnel (not employed by the employer) refuse to cross the picket line (where ‘il picket lines of other employers) in support of picketers is another story. The NLRB and the courts would weigh the relative interests of the employer instead of the employee and the employee’s interest in honoring the picket line.
As I mentioned in the brochure paragraph there are exceptions to the rule in regard to the employment of economic weapons by both employers and unions. For example, there are different rules for unions representing public employees (eg NYPD unions can not legally strike) and private workers (eg nurses and doctors are legally prevented from striking, too), respectively. In addition, secondary boycotts and legal protection for the agricultural workers as the law management of agricultural unions and secondary boycotts as secondary strikes with NLRA covered workers are exposed.
Finally, I described the economic weapons available to employers and unions in negotiations. For each, I explained how the weapon is designed to exert pressure on other parties and the advantages and disadvantages of each. While I focused on public employees covered by the NLRA, I strive to make the distinction that would apply to public and not NLRA covered workers on the thesis.