191Chapter Seven Union Avoidance Rationale, Strat.docxjoyjonna282
191
Chapter Seven
Union Avoidance:
Rationale, Strategies,
and Practices
Chapter 6 examined union organizing campaigns. The chapter covered the
flow of events associated with a campaign, union strategies and tactics,
management responses, the roles of the National Labor Relations Board
(NLRB) and the National Mediation Board (NMB), and the factors influ-
encing election outcomes. At several points, the chapter emphasized that,
except in isolated instances, most employers strongly resist organizing
drives.
In this chapter we explore in greater depth the reasons for employers’
resistance, strategies that a growing number of employers are using to
create and maintain a “union-free” employment environment, tactics
that they use to prevent union success in organizing, the role of decerti-
fications in deunionizing partially unionized employers, and the effects
of organizational and job structuring on limiting unionization within
employers.
As you study this chapter, consider the following questions:
1. Are employers increasing or decreasing their opposition to unions in
the current era? What evidence is there to support your position?
2. What are the economic effects of initial unionization on the employer?
3. What additional activities appear necessary for an employer to avoid
unionization?
4. If an employer faces an organizing campaign, what components and
process are included in a typical employer response?
5. What is a decertification election, and how does it differ from other
NLRB elections?
192 Labor Relations
HISTORICAL OVERVIEW
The business and labor history of the United States, going back to the Phil-
adelphia Cordwainers, is replete with examples of employer resistance to
unionization. The fundamental differences in philosophies, goals, and val-
ues of capitalists and trade unionists make this resistance inevitable and
make employer accommodation after unionization sometimes difficult.
Capitalistic and Trade Union Philosophies
Capitalists (either entrepreneurs or investor-owned corporations) use their
resources to create mechanisms (productive processes) that will enable
them to develop and sell goods and services in the marketplace at prices
great enough to yield a higher return than that from other alternative
investments. Employees are hired to produce the output. Employees are
generally free to leave at any time, and capitalists would like to have the
freedom to hire or terminate them, individually or collectively, as neces-
sary to achieve their business purposes. Capitalists assume the risk that
they will not be able to realize a positive yield from their investments and
ideas. If they fail, their investments will be diminished or lost. They also
expect that if they are successful in the marketplace (i.e., their returns are
greater than they might realize through riskless investment) they will be
able to keep these returns as a reward for t ...
191Chapter Seven Union Avoidance Rationale, Strat.docxjoyjonna282
191
Chapter Seven
Union Avoidance:
Rationale, Strategies,
and Practices
Chapter 6 examined union organizing campaigns. The chapter covered the
flow of events associated with a campaign, union strategies and tactics,
management responses, the roles of the National Labor Relations Board
(NLRB) and the National Mediation Board (NMB), and the factors influ-
encing election outcomes. At several points, the chapter emphasized that,
except in isolated instances, most employers strongly resist organizing
drives.
In this chapter we explore in greater depth the reasons for employers’
resistance, strategies that a growing number of employers are using to
create and maintain a “union-free” employment environment, tactics
that they use to prevent union success in organizing, the role of decerti-
fications in deunionizing partially unionized employers, and the effects
of organizational and job structuring on limiting unionization within
employers.
As you study this chapter, consider the following questions:
1. Are employers increasing or decreasing their opposition to unions in
the current era? What evidence is there to support your position?
2. What are the economic effects of initial unionization on the employer?
3. What additional activities appear necessary for an employer to avoid
unionization?
4. If an employer faces an organizing campaign, what components and
process are included in a typical employer response?
5. What is a decertification election, and how does it differ from other
NLRB elections?
192 Labor Relations
HISTORICAL OVERVIEW
The business and labor history of the United States, going back to the Phil-
adelphia Cordwainers, is replete with examples of employer resistance to
unionization. The fundamental differences in philosophies, goals, and val-
ues of capitalists and trade unionists make this resistance inevitable and
make employer accommodation after unionization sometimes difficult.
Capitalistic and Trade Union Philosophies
Capitalists (either entrepreneurs or investor-owned corporations) use their
resources to create mechanisms (productive processes) that will enable
them to develop and sell goods and services in the marketplace at prices
great enough to yield a higher return than that from other alternative
investments. Employees are hired to produce the output. Employees are
generally free to leave at any time, and capitalists would like to have the
freedom to hire or terminate them, individually or collectively, as neces-
sary to achieve their business purposes. Capitalists assume the risk that
they will not be able to realize a positive yield from their investments and
ideas. If they fail, their investments will be diminished or lost. They also
expect that if they are successful in the marketplace (i.e., their returns are
greater than they might realize through riskless investment) they will be
able to keep these returns as a reward for t ...
429
Chapter Thirteen
Union-Management
Cooperation
Many labor relations practices are adversarial—organizing, bargaining
over wages, disputing contract interpretations, and the like. But many
argue that both unions and managements can achieve improved outcomes
through cooperation. The catalyst for cooperation is often the financial
exigency of the employer and the specter of potentially large job losses.
This chapter explores variations in union-management cooperation and
their effects, including interest-based bargaining, community-based labor-
management committees, employee involvement programs, gainsharing,
and work and organization redesign. In reading this chapter, consider the
following questions:
1. How are cooperative problem-solving methods different from tradi-
tional bargaining?
2. Can a cooperation program violate labor laws?
3. What are some results of cooperative programs? Are they equally likely
to lead to successes for both unions and managements?
4. What types of cooperation programs are in current use by employers
and unions?
5. Are union-management cooperation programs sustainable in the long
run?
LABOR AND MANAGEMENT ROLES AND
THE CHANGING ENVIRONMENT
A succession of economic cycles has influenced outcomes for labor and
management. Labor supply and union power have been altered by sev-
eral waves of immigration. The Railway Labor Act, Norris-LaGuardia
Act, and Wagner Act strengthened labor ’s ability to organize. The Taft-
Hartley Act and Landrum-Griffin Act increased employer power. At
various points, new production technologies substantially reduced the
430 Labor Relations
need for lower-skilled union members. Today global competition affects
the survival of some employers and the jobs of a diverse set of workers.
During the past 40 years, industries that virtually monopolized domestic
markets, such as steel, motor vehicles, consumer electric and electronic
products, textiles, shoes, and software, now either need to be globally
competitive or may no longer exist in the United States. Foreign competi-
tors benefited from investment, technology transfer, and, particularly,
lower wages for unskilled workers that boosted their productivity or
lowered costs at a faster rate than was the case for domestic producers.
Some of this was due to unions’ abilities to increase wages and some to
employers’ failures to invest in technology. Both groups were respon-
sible for not attending to the way work and production were organized
as foreign producers implemented new and improved methods. 1 Some
companies failed and local unions were decimated, while others sur-
vived and prospered. In most cases, companies and unions in basic
industries that have survived have changed their approaches to each
other considerably.
Organizing and the Evolving Bargaining Relationship
U.S. employers have traditionally fought unionization. Even some
employers in hea ...
429
Chapter Thirteen
Union-Management
Cooperation
Many labor relations practices are adversarial—organizing, bargaining
over wages, disputing contract interpretations, and the like. But many
argue that both unions and managements can achieve improved outcomes
through cooperation. The catalyst for cooperation is often the financial
exigency of the employer and the specter of potentially large job losses.
This chapter explores variations in union-management cooperation and
their effects, including interest-based bargaining, community-based labor-
management committees, employee involvement programs, gainsharing,
and work and organization redesign. In reading this chapter, consider the
following questions:
1. How are cooperative problem-solving methods different from tradi-
tional bargaining?
2. Can a cooperation program violate labor laws?
3. What are some results of cooperative programs? Are they equally likely
to lead to successes for both unions and managements?
4. What types of cooperation programs are in current use by employers
and unions?
5. Are union-management cooperation programs sustainable in the long
run?
LABOR AND MANAGEMENT ROLES AND
THE CHANGING ENVIRONMENT
A succession of economic cycles has influenced outcomes for labor and
management. Labor supply and union power have been altered by sev-
eral waves of immigration. The Railway Labor Act, Norris-LaGuardia
Act, and Wagner Act strengthened labor ’s ability to organize. The Taft-
Hartley Act and Landrum-Griffin Act increased employer power. At
various points, new production technologies substantially reduced the
430 Labor Relations
need for lower-skilled union members. Today global competition affects
the survival of some employers and the jobs of a diverse set of workers.
During the past 40 years, industries that virtually monopolized domestic
markets, such as steel, motor vehicles, consumer electric and electronic
products, textiles, shoes, and software, now either need to be globally
competitive or may no longer exist in the United States. Foreign competi-
tors benefited from investment, technology transfer, and, particularly,
lower wages for unskilled workers that boosted their productivity or
lowered costs at a faster rate than was the case for domestic producers.
Some of this was due to unions’ abilities to increase wages and some to
employers’ failures to invest in technology. Both groups were respon-
sible for not attending to the way work and production were organized
as foreign producers implemented new and improved methods. 1 Some
companies failed and local unions were decimated, while others sur-
vived and prospered. In most cases, companies and unions in basic
industries that have survived have changed their approaches to each
other considerably.
Organizing and the Evolving Bargaining Relationship
U.S. employers have traditionally fought unionization. Even some
employers in hea.
15
16
14
PA
R
T
F
IV
E
Meeting Other HR Goals
Chapter
Collective Bargaining and Labor Relations
Chapter
Managing Human Resources Globally
Chapter
Creating and Maintaining High-Performance Organizations
noe81470_ch14_399-433.indd Page 399 7/25/08 10:41:21 AM user-s174noe81470_ch14_399-433.indd Page 399 7/25/08 10:41:21 AM user-s174 /Volumes/201/MHBR050/mhnoe3/noe3ch14/Volumes/201/MHBR050/mhnoe3/noe3ch14
chapter fourteen
Collective Bargaining and
Labor Relations
What Do I Need to Know?
After reading this chapter, you
should be able to:
LO1 Define unions and labor relations and
their role in organizations.
LO2 Identify the labor relations goals of
management, labor unions, and
society.
LO3 Summarize laws and regulations that
affect labor relations.
LO4 Describe the union organizing
process.
LO5 Explain how management and unions
negotiate contracts.
LO6 Summarize the practice of contract
administration.
LO7 Describe more cooperative
approaches to labor-management
relations.
Introduction
The costs of health care are skyrocketing. As we dis-
cussed in the previous chapter, individuals, insur-
ance companies, and government agencies that pick
up the tab are crying out that mounting increases
must be slowed. So health care providers are look-
ing for ways to improve efficiency. At many hospi-
tals, cost control involves asking fewer workers to
do more. Nurses and other workers are expected to
handle more patients, perform more tasks, and work
more hours. Often, health professionals are troubled
by these changes. They worry that they will burn
out and that patient care will suffer. Or they worry
that their employer will control costs by laying them
off or refusing pay increases. These changes and
pressures have led some health care workers to join
labor unions. Recently, union membership among
professional and technical health care workers, such
as registered nurses and laboratory technologists, in-
creased by more than 10 percent. 1
The presence of unions at a hospital changes
some aspects of human resource management by di-
recting more attention to the interests of employees
as a group. In general, employees and employers
share the same interests. They both benefit when
the organization is strong and growing, providing
employees with jobs and employers with profits. But
although the interests of employers and employees
overlap, they obviously are not identical. In the case
of pay, workers benefit from higher pay, but high pay
cuts into the organization’s profits, unless pay in-
creases are associated with higher productivity or
better customer service. Workers may negotiate dif-
ferences with their employers individually, or they
may form unions to negotiate on their behalf. This
chapter explores human resource activities in orga-
nizations where employees belong to unions or
where employees are seeking to organize unions.
W.
Saif Ur Rahman BS ECONOMICS 6th Roll number 156 Presentation Economic Effects...syedkaramalishah2
The final step in the strategic management process is evaluating results. How effective have
the strategies been at helping the organization reach its goals? What adjustments are necessary? After assessing the results of previous strategies and determining that changes were
needed,
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
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429
Chapter Thirteen
Union-Management
Cooperation
Many labor relations practices are adversarial—organizing, bargaining
over wages, disputing contract interpretations, and the like. But many
argue that both unions and managements can achieve improved outcomes
through cooperation. The catalyst for cooperation is often the financial
exigency of the employer and the specter of potentially large job losses.
This chapter explores variations in union-management cooperation and
their effects, including interest-based bargaining, community-based labor-
management committees, employee involvement programs, gainsharing,
and work and organization redesign. In reading this chapter, consider the
following questions:
1. How are cooperative problem-solving methods different from tradi-
tional bargaining?
2. Can a cooperation program violate labor laws?
3. What are some results of cooperative programs? Are they equally likely
to lead to successes for both unions and managements?
4. What types of cooperation programs are in current use by employers
and unions?
5. Are union-management cooperation programs sustainable in the long
run?
LABOR AND MANAGEMENT ROLES AND
THE CHANGING ENVIRONMENT
A succession of economic cycles has influenced outcomes for labor and
management. Labor supply and union power have been altered by sev-
eral waves of immigration. The Railway Labor Act, Norris-LaGuardia
Act, and Wagner Act strengthened labor ’s ability to organize. The Taft-
Hartley Act and Landrum-Griffin Act increased employer power. At
various points, new production technologies substantially reduced the
430 Labor Relations
need for lower-skilled union members. Today global competition affects
the survival of some employers and the jobs of a diverse set of workers.
During the past 40 years, industries that virtually monopolized domestic
markets, such as steel, motor vehicles, consumer electric and electronic
products, textiles, shoes, and software, now either need to be globally
competitive or may no longer exist in the United States. Foreign competi-
tors benefited from investment, technology transfer, and, particularly,
lower wages for unskilled workers that boosted their productivity or
lowered costs at a faster rate than was the case for domestic producers.
Some of this was due to unions’ abilities to increase wages and some to
employers’ failures to invest in technology. Both groups were respon-
sible for not attending to the way work and production were organized
as foreign producers implemented new and improved methods. 1 Some
companies failed and local unions were decimated, while others sur-
vived and prospered. In most cases, companies and unions in basic
industries that have survived have changed their approaches to each
other considerably.
Organizing and the Evolving Bargaining Relationship
U.S. employers have traditionally fought unionization. Even some
employers in hea ...
429
Chapter Thirteen
Union-Management
Cooperation
Many labor relations practices are adversarial—organizing, bargaining
over wages, disputing contract interpretations, and the like. But many
argue that both unions and managements can achieve improved outcomes
through cooperation. The catalyst for cooperation is often the financial
exigency of the employer and the specter of potentially large job losses.
This chapter explores variations in union-management cooperation and
their effects, including interest-based bargaining, community-based labor-
management committees, employee involvement programs, gainsharing,
and work and organization redesign. In reading this chapter, consider the
following questions:
1. How are cooperative problem-solving methods different from tradi-
tional bargaining?
2. Can a cooperation program violate labor laws?
3. What are some results of cooperative programs? Are they equally likely
to lead to successes for both unions and managements?
4. What types of cooperation programs are in current use by employers
and unions?
5. Are union-management cooperation programs sustainable in the long
run?
LABOR AND MANAGEMENT ROLES AND
THE CHANGING ENVIRONMENT
A succession of economic cycles has influenced outcomes for labor and
management. Labor supply and union power have been altered by sev-
eral waves of immigration. The Railway Labor Act, Norris-LaGuardia
Act, and Wagner Act strengthened labor ’s ability to organize. The Taft-
Hartley Act and Landrum-Griffin Act increased employer power. At
various points, new production technologies substantially reduced the
430 Labor Relations
need for lower-skilled union members. Today global competition affects
the survival of some employers and the jobs of a diverse set of workers.
During the past 40 years, industries that virtually monopolized domestic
markets, such as steel, motor vehicles, consumer electric and electronic
products, textiles, shoes, and software, now either need to be globally
competitive or may no longer exist in the United States. Foreign competi-
tors benefited from investment, technology transfer, and, particularly,
lower wages for unskilled workers that boosted their productivity or
lowered costs at a faster rate than was the case for domestic producers.
Some of this was due to unions’ abilities to increase wages and some to
employers’ failures to invest in technology. Both groups were respon-
sible for not attending to the way work and production were organized
as foreign producers implemented new and improved methods. 1 Some
companies failed and local unions were decimated, while others sur-
vived and prospered. In most cases, companies and unions in basic
industries that have survived have changed their approaches to each
other considerably.
Organizing and the Evolving Bargaining Relationship
U.S. employers have traditionally fought unionization. Even some
employers in hea.
15
16
14
PA
R
T
F
IV
E
Meeting Other HR Goals
Chapter
Collective Bargaining and Labor Relations
Chapter
Managing Human Resources Globally
Chapter
Creating and Maintaining High-Performance Organizations
noe81470_ch14_399-433.indd Page 399 7/25/08 10:41:21 AM user-s174noe81470_ch14_399-433.indd Page 399 7/25/08 10:41:21 AM user-s174 /Volumes/201/MHBR050/mhnoe3/noe3ch14/Volumes/201/MHBR050/mhnoe3/noe3ch14
chapter fourteen
Collective Bargaining and
Labor Relations
What Do I Need to Know?
After reading this chapter, you
should be able to:
LO1 Define unions and labor relations and
their role in organizations.
LO2 Identify the labor relations goals of
management, labor unions, and
society.
LO3 Summarize laws and regulations that
affect labor relations.
LO4 Describe the union organizing
process.
LO5 Explain how management and unions
negotiate contracts.
LO6 Summarize the practice of contract
administration.
LO7 Describe more cooperative
approaches to labor-management
relations.
Introduction
The costs of health care are skyrocketing. As we dis-
cussed in the previous chapter, individuals, insur-
ance companies, and government agencies that pick
up the tab are crying out that mounting increases
must be slowed. So health care providers are look-
ing for ways to improve efficiency. At many hospi-
tals, cost control involves asking fewer workers to
do more. Nurses and other workers are expected to
handle more patients, perform more tasks, and work
more hours. Often, health professionals are troubled
by these changes. They worry that they will burn
out and that patient care will suffer. Or they worry
that their employer will control costs by laying them
off or refusing pay increases. These changes and
pressures have led some health care workers to join
labor unions. Recently, union membership among
professional and technical health care workers, such
as registered nurses and laboratory technologists, in-
creased by more than 10 percent. 1
The presence of unions at a hospital changes
some aspects of human resource management by di-
recting more attention to the interests of employees
as a group. In general, employees and employers
share the same interests. They both benefit when
the organization is strong and growing, providing
employees with jobs and employers with profits. But
although the interests of employers and employees
overlap, they obviously are not identical. In the case
of pay, workers benefit from higher pay, but high pay
cuts into the organization’s profits, unless pay in-
creases are associated with higher productivity or
better customer service. Workers may negotiate dif-
ferences with their employers individually, or they
may form unions to negotiate on their behalf. This
chapter explores human resource activities in orga-
nizations where employees belong to unions or
where employees are seeking to organize unions.
W.
Saif Ur Rahman BS ECONOMICS 6th Roll number 156 Presentation Economic Effects...syedkaramalishah2
The final step in the strategic management process is evaluating results. How effective have
the strategies been at helping the organization reach its goals? What adjustments are necessary? After assessing the results of previous strategies and determining that changes were
needed,
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Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
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1. MULTIUNIONISM AND TARDE UNION RIVALRY
INTRODUCTION
Multiunionism and trade union rivalry are phenomena within the labour
movement that arise from the presence of multiple trade unions operating within
the same workplace or industry. These dynamics have significant implications
for labour relations, collective bargaining, and the overall effectiveness of the
labour movement. Multiunionism refers to the coexistence of two or more trade
unions representing different groups of workers or sometimes overlapping
groups within a particular workplace or industry. This situation can stem from
various factors, including historical divisions, ideological differences, or
disputes over representation.
Trade union rivalry emerges when multiple unions compete for membership,
resources, and influence within the same labour market or industry. This rivalry
can manifest in various forms, including membership competition, bargaining
conflicts, ideological disputes, and jurisdictional conflicts. The presence of
multiunionism and trade union rivalry can have both positive and negative
consequences. On one hand, competition between unions can spur innovation,
accountability, and responsiveness to members' needs. On the other hand, it can
lead to fragmentation, weakened bargaining power, and conflicts that
undermine the collective interests of workers. Efforts to address multiunionism
and trade union rivalry require strategies for promoting unity, cooperation, and
solidarity within the labour movement. This may involve initiatives to foster
dialogue, consensus-building, and coordination among unions, as well as
addressing underlying issues such as jurisdictional disputes or ideological
differences. Multiunionism and trade union rivalry are complex phenomena that
shape the dynamics of labor relations and collective action. Understanding these
2. dynamics is crucial for advancing the interests of workers and building a
stronger, more unified labour movement
Multi-unionism Is the presence of two or more trade unions within a single
workplace, enterprise, or industry. Multi-unionism is a relatively common
feature of traditional industries in the UK and reflects the occupational basis of
trade union organization. It has been criticized on the union side as leading to
rivalry and division and on the employer side for reinforcing skill demarcations
and generating inter-union disputes. These problems can be exaggerated,
however, and in many organizations there are joint union committees and
bargaining forums, which reduce some of the harmful effects of division. In
recent years, the trend has been towards the rationalization of union
representation through processes of union merger, derecognition of smaller
unions by employers, and the creation of single-table bargaining arrangements.
Trade Union Rivalary
Trade union rivalry refers to the competitive and often antagonistic relationship
between different trade unions operating within the same labor market or
industry. This rivalry typically involves conflicts over membership, resources,
influence, and bargaining power. Trade union rivalry can manifest in various
forms, including aggressive recruitment tactics, disputes over representation
rights, conflicting bargaining strategies, ideological disagreements, and
jurisdictional conflicts. Such rivalry can have both positive and negative
consequences, impacting the effectiveness of collective bargaining, the unity of
the labor movement, and the well-being of workers.
There are two types of Inter-union rivalry and intra-union rivalry are two distinct
forms of competition or conflicts that can occur within the labor movement.
1. Inter-Union Rivalry:
3. Inter-union rivalry is competition or conflicts between different trade unions or
labor organizations, often arising from differences in ideology, strategies, or
jurisdiction disputes. It can lead to a fragmented labour movement, weaken
collective bargaining power, and a dilution of resources, making it harder to
achieve significant gains in wages, benefits, or working conditions. However,
healthy competition can spur innovation and improve worker representation.
2. Intra-Union Rivalry:
Intra-union rivalry is a conflict within a single trade union, often arising from
ideological differences, personality conflicts, power struggles, or disagreements
over the union's priorities and strategies. It can lead to internal divisions,
weakened solidarity, and difficulties in presenting a united front to employers.
In extreme cases, it can result in splits within the union or the formation of
breakaway unions, further fragmenting the labour movement. To manage and
resolve intra-union rivalry, democratic processes like elections, internal debates,
and mediation are often used. However, these rivalries are not universal in the
labor movement, as many trade unions work together in solidarity and support
each other's efforts.
Causes of Multiunionism and trade rivalary
Multiunionism and trade union rivalry are interconnected and often stem from
factors within the labor movement and industrial relations. Historical divisions,
ideological differences, jurisdictional disputes, industry structure, legal
framework, employer strategies, and leadership and organizational dynamics
contribute to these phenomena.
Historical divisions within the labor movement, often arising from differences
in ideology, strategy, or worker interests, can lead to the formation of multiple
unions representing various segments of the workforce. These historical
4. divisions may persist over time, contributing to multiunionism and rivalry.
Ideological differences among workers and union leaders can fuel competition
and conflict between unions, leading to different approaches to collective
bargaining, worker rights, and broader socio-economic issues. Jurisdictional
disputes can arise due to overlapping job classifications, changes in industry
structure, or disagreements over representation rights.
Industry structure can also contribute to both multiunionism and rivalry. In
industries with diverse job classifications, skill levels, or occupational groups,
multiple unions may emerge to represent different worker cohorts. Large and
complex organizations may have multiple unions representing various
departments or divisions, leading to competition between unions for
membership and influence.
Employer strategies, such as resistance to unionization efforts or attempts to
divide and weaken the labor movement, can indirectly contribute to both
multiunionism and rivalry. Conflicts over leadership positions, decision-making
processes, and policy priorities may lead to the formation of new unions or the
fragmentation of existing ones, exacerbating competition and conflict between
unions.
Understanding these causes is crucial for addressing the challenges posed by
multiunionism and trade union rivalry and promoting unity, cooperation, and
solidarity within the labor movement.
Overall Union rivalry has been the result of –
The desire of political parties to have their basis among the industrial workers;
5. - Personal cum factional politics of the local union leaders;
- Domination of Union by outside leaders;
- Attitude and policy of the management, i.e. divide and rule policy;
- The legal framework of the Trade Unions and the nature of industry and
workers.
Impacts of Multiunioinsim
The impacts of multiunionism, the presence of multiple trade unions within the
same workplace or industry, can be diverse and can affect various stakeholders,
including workers, unions, employers, and broader labor relations. Here are
some key impacts:
1. Fragmentation of the Labor Movement: Multiunionism can fragment the
labor movement by dividing workers into different unions, each representing
distinct interests, priorities, and bargaining strategies. This fragmentation can
weaken the collective voice and bargaining power of workers, making it more
challenging to achieve common goals and address shared concerns.
2. Decrease of productivity by increase of Strikes
Leads to different types of strikes and which leeds to decreaces efficiency and
productivity
3. Competition for Membership: Multiunionism often leads to competition
between unions for membership, resources, and influence. Unions may engage
in aggressive recruitment tactics, offer different benefits or services to attract
members, and compete for representation rights within the same workforce.
This competition can create tensions and conflicts between unions and may
distract them from focusing on broader labor issues.
4. Dilution of Bargaining Power: With multiple unions representing different
segments of the workforce, employers may exploit divisions among workers to
6. weaken their bargaining power. Employers may engage in divide-and-conquer
tactics, negotiating separate agreements with different unions or playing unions
against each other to undermine collective bargaining efforts and extract
concessions.
5. Increased Complexity in Labor Relations: Multiunionism adds complexity to
labor relations, as employers must negotiate with multiple unions, each
representing different groups of workers with distinct demands and interests.
This complexity can lead to inefficiencies, delays, and conflicts in the
bargaining process, making it more challenging to reach agreements and
maintain stable labor relations.
6. Potential for Conflicts and Disputes: Multiunionism can create conflicts and
disputes between unions over jurisdictional issues, representation rights, and
bargaining priorities. These conflicts may escalate into legal battles, strikes, or
other forms of industrial action, disrupting operations and causing uncertainty
for employers, workers, and the broader community.
7. Impact on Union Solidarity: Multiunionism can strain solidarity and
cooperation among unions, as they compete for membership and influence.
Inter-union rivalries and conflicts may erode trust and collaboration between
unions, making it more difficult to coordinate collective action and pursue
common objectives in areas such as wages, benefits, and working conditions.
8. Challenges for Collective Action: Multiunionism poses challenges for
collective action and coordination among workers, as they may be divided along
union lines and have different priorities and interests. Overcoming these
challenges requires efforts to foster unity, solidarity, and collaboration among
unions and workers to address common concerns and advance shared goals.
AFFECTS OF UNION RIVALRY ON UNION STRENGTH
Union rivalry affects the union strength in the following ways
7. (i) Because of the multiplication of trade unions at the plant level, each
union commands only a negligible proportion of workers of an
establishment and does not enjoy the confidence of most of the
employees.
(ii) These splinter unions have assumed only a limited range of
functions. Instead of diverting members energies to constructive and co
operative channels, they have encouraged strife, disloyalty and non co
operation.
(iii) Most of the trade unions have failed to realise the importance of
mutual help and welfare activities. Catlin rightly observes, "the greater
the number of phases of the workers life which the unions serve, the more
secure, presumably, will be its hold on his allegiance and the more
effective its control of the trade."
Multiunionism and trade union rivalry in India
In India, More than one trade union in an industry or a unit is a rule rather than
exception in the trade union movement of our country. This is a
postindependence development. It is a curse to the trade union movement. This
not only affects the bargaining capacity of trade unions but also creates
industrial problems. Many a violent incidents occur because of rivalry amongst
trade unions. The absence of one strong central trade union centre has
contributed to multiplicity. Multiplicity is also found because of groupings in
workers, one group goes to one leader while the other group invites another.
Multiunionism, is a result of historical, political, and structural factors. With
diverse industrial sectors and a rich tradition of labor activism, India boasts a
multitude of unions representing workers from different backgrounds and
professions. However, alongside multiunionism comes trade union rivalry,
characterized by competition among unions for membership, influence, and
bargaining power. This rivalry often stems from political affiliations,
8. ideological differences, and disputes over jurisdictional rights. The complex
interplay of these factors can lead to fragmentation within the labor movement
and pose challenges for collective bargaining and industrial relations. Despite
these challenges, multiunionism and trade union rivalry remain integral aspects
of India's labor dynamics, reflecting the diversity and complexity of its socio-
economic landscape. Efforts to address these issues require a nuanced
understanding of the underlying causes and constructive engagement among
unions, employers, and policymakers to promote unity, cooperation, and the
collective interests of workers.
Important Indian case laws regarding trade union rivalary
Gopinath Jadhav v. W. M. Bapat - that rivalry between unions have an influence
on not just industrial peace but also collective bargaining and worker rights, and
that this should be regarded seriously.
Workmen of Government Silk Weaving Factory, Mysore v. Presiding Officer,
Industrial Tribunal, Bangalore & Others, J. Vaidialingam - the Supreme Court
stated that a legitimate cause of employees in an enterprise cannot be hindered
by a minority union or a limited number of workers.
Padmanabhan Menon (T.K.) v. Indian Aluminium Co. Ltd and Others, J. Issac -
the Indian Aluminium Company had three unions. Despite the resistance of two
unions, a solution was made between one union and the company about bonus
payment.
Herbertson Ltd. v. The Workmen,- According to the Kerala High Court, the
right to organise an organisation is a fundamental right, and the existence of
more than one union in each industry is normal, and each of these unions is
entitled to advocate for the cause of the workers it represents. stated that it is not
possible to review the settlement in its totality to separate the good from the bad
based on the rival union's complaints.
9. Balmer Lawrie Workers Union v. Balmer Lawrie Co. Ltd., - the Supreme Court
dismissed the rival union's petition and endorsed the notion of one union in one
industry.
Sanjeeva Reddy v. Registrar of Trade Unions - the Court noted that the Trade
Unions Act lacks any particular provision that empowers the registrar to
conduct an investigation when a statement of election of office bearers is
provided to him. The true disagreement between the parties was over the
selection of office bearers, in which the Registrar had no authority to intervene
In Kesoram Rayon Workman's Union v. Registrar, the court ruled that the
current trade union is an establishment with no right to be heard and cannot
challenge the Registrar's order to register a rival trade union. Justice Tatchari of
the Delhi High Court declared the settlement invalid to discourage intra-union
rivalry, as the signatories were the union's President and Vice President, not
authorized to execute agreements with employers or the executive committee.
Multiunionism and trade union rivalry in other countries
AMERICA
Multiunionism and trade union rivalry in America are deeply intertwined,
reflecting the diverse and dynamic nature of the country's labor landscape. The
emergence of craft and industrial unions has led to intense competition and
occasional conflicts within the same industry or workplace. Jurisdictional
disputes, where different unions vie for the right to represent the same group of
workers or perform the same tasks within an industry, can escalate into strikes,
protests, or legal battles, causing disruptions and divisions among workers.
Unions also engage in aggressive tactics to attract and retain members, leading
to debates over strategies, priorities, and allegiances.
Despite these challenges, multiunionism and trade union rivalry also reflect the
10. pluralistic nature of American society, where diverse perspectives and
approaches coexist within the broader labor movement. While competition
between unions can spur innovation and accountability, it can also undermine
solidarity and collective action. Navigating the complexities of multiunionism
requires legal frameworks, arbitration mechanisms, and a commitment to
fostering collaboration and unity among workers and unions. The ongoing
interplay between multiunionism and trade union rivalry shapes the evolution
and resilience of the American labor movement, influencing its strategies,
successes, and setbacks.
BRITISH
Multiunionism and trade union rivalry in Britain are significant aspects of the
labor landscape, with a long history of trade unionism and various unions
representing different sectors, industries, and professions. In Britain, craft-based
unions and industrial unions are prevalent, with craft unions organizing workers
based on specific skills or trades, and industrial unions organizing workers
across entire industries. This diversity in union structures has led to a complex
web of inter-union relationships and competition.
Trade union rivalry in Britain is often characterized by jurisdictional disputes,
where competing unions vie for representation rights within specific workplaces
or industries, leading to conflicts over membership and bargaining authority.
Ideological differences between unions, particularly those aligned with different
political parties or ideologies, can further exacerbate rivalries.
The legal and regulatory framework governing labor relations in Britain,
including laws related to union recognition and collective bargaining, also
influences the dynamics of multiunionism and trade union rivalry. Despite
challenges, British unions have historically played a crucial role in advocating
11. for workers' rights, improving working conditions, and shaping social and
economic policy.
RUSSIA
Multiunionism and trade union rivalry in Russia are influenced by historical,
political, and economic factors. After the dissolution of the Soviet Union,
Russia experienced a significant transformation in its labor landscape, leading
to the emergence of multiple trade unions representing diverse interests and
sectors. During the Soviet era, trade unions operated under a state-controlled
organization, the All-Union Central Council of Trade Unions (AUCCTU),
which suppressed genuine trade union pluralism and competition. Post-
Collapse, the trade union landscape in Russia became more varied and
fragmented, with multiple unions organized around specific industries,
professions, or political ideologies. Trade union rivalry can stem from
competition for membership, resources, and influence, with some unions
prioritizing collaboration with employers or government authorities, while
others adopt confrontational or independent stances. Ideological differences
between unions can also contribute to rivalry and fragmentation. The legal
framework governing trade unions and labor relations in Russia has undergone
significant changes since the Soviet era, with some unions facing obstacles or
repression from authorities. Despite trade unions advocating for workers' rights
and interests, challenges such as government control, economic instability, and
political polarization shape the dynamics of trade unionism in contemporary
Russia.
MEASURES TO MINIMISE UNION RIVALRY
In view of the evil effects of Inter union rivalry and the problem of formation of
one union in one industry, it may be necessary to consider the recommendations
of National Commission on Labour (NCL) 1969. The recommendations of NCL
12. to minimise union rivalry are: - Elimination of party politics and outsiders
through building up of internal leaders; - Promotion of collective bargaining
through recognition of sole bargaining agents; - Improving the system of union
recognition; 13 - Encouraging union security, and; - Empowering labour courts
to settle inter union disputes if they are not settled within the organisation.
1. Consolidation of Unions: Encourage the consolidation of smaller unions into
larger, more representative organizations. This could be facilitated through
incentives such as preferential treatment in collective bargaining or access to
resources for larger unions.
2. Recognition Criteria: Implement stricter criteria for the recognition of trade
unions, requiring a minimum threshold of membership and adherence to
democratic principles. This would help reduce the proliferation of small,
fragmented unions.
3. Single Union Representation: Adopt a system of single union representation
within workplaces or industries, where only one union is recognized as the
exclusive bargaining agent for all workers. This would help minimize conflicts
arising from jurisdictional disputes and promote unity among workers.
4. Arbitration and Mediation: Establish independent arbitration and mediation
mechanisms to resolve disputes between rival unions. These mechanisms could
be empowered to adjudicate jurisdictional disputes, unfair labor practices, and
other conflicts in a timely and impartial manner.
5. Code of Conduct: Develop a code of conduct for trade unions, outlining norms
of behavior, ethical standards, and mechanisms for resolving internal disputes.
Trade unions could be required to adhere to this code as a condition for
recognition and access to certain privileges.
6. Transparency and Accountability: Require trade unions to maintain
transparency in their operations, including financial reporting, election
13. procedures, and decision-making processes. Implement mechanisms for holding
unions accountable to their members and stakeholders.
7. Capacity Building: Invest in capacity building initiatives for trade unions,
including training programs on negotiation skills, leadership development, and
conflict resolution. Strengthening the organizational capacity of unions can help
reduce internal strife and enhance their effectiveness as representatives of
workers' interests.
8. Government Intervention: Ensure proactive government intervention to
prevent and mitigate trade union rivalries. This could include facilitating
dialogue between rival unions, providing mediation services, and enforcing
compliance with labor laws and regulations.
9. Promotion of Social Dialogue: Promote constructive social dialogue involving
trade unions, employers, and government authorities to address underlying
issues and build consensus on labor relations matters. Encourage the adoption of
collective bargaining agreements and tripartite forums for resolving disputes.
10.Legal Reforms: Review and update existing labor laws to address loopholes
and ambiguities that may contribute to multiunionism and trade union rivalry.
Strengthen legal provisions related to trade union recognition, collective
bargaining, and dispute resolution to ensure clarity and effectiveness.
Other measures for promotion of efficient trade union function
Trade unions should extend welfare measures to members and actively pursue
social responsibilities. The Trade Union Act, 1926 should be amended to
increase the number of members required to form a union from 7 to 50% of
employees, reduce the scope for outside leadership from 50% to 10%, and
enhance membership subscription from 25 paise to 1% of the monthly wage.
Trade unions should also broaden their base membership in unorganised
sectors, IT sectors, BPO/Call Centres, and other industries where employment is
increasing. They should reorient themselves from political/ideology obsession
14. to business unions, transitioning from protesting to partnering organizations,
bureaucratic to democratic and service organizations, and from power-hunger to
service orientation. Trade unions should be IT-savvy online to connect with
employees abroad and other trade bodies. The concept of solidarity is outdated
due to diversities in the workforce and increasing individualization in industries.
Conclusion
Multiunionism and trade union rivalry are complex issues in the labor market,
affecting workers, unions, employers, and policymakers worldwide. These
rivalries can lead to competition, conflicts, and challenges for workers, unions,
employers, and policymakers. Multiunionism highlights the diversity of
perspectives and strategies within the labor movement, while trade union
rivalry, often fueled by jurisdictional disputes, ideological differences, or power
struggles, poses additional obstacles to effective representation and negotiation.
Addressing these issues requires a comprehensive approach, including legal
reforms, institutional mechanisms, capacity building, and dialogue among
stakeholders. By promoting consolidation, transparency, accountability, and
constructive social dialogue, societies can minimize conflicts, enhance unity,
and strengthen the collective voice of workers. The ultimate goal is to create a
labor landscape where trade unions can effectively represent workers' interests,
negotiate fair employment terms, and contribute to social justice and economic
prosperity.