The primary goals of labor-management relations are to create a productive, engaged workforce and to eliminate the perception that organized labor and management have a perpetually adversarial relationship. A number of industrial relations objectives can help both labor unions and employers attain those goals. Fundamental to labor-management goals is a clear understanding of the National Labor Relations Act.
Acknowledging employees' rights under the National Labor Relations Act -- the act that established the National Labor Relations Board -- is key to industrial relations objectives. The act protects the rights of both union and nonunion employees. Therefore, employers have a duty to treat employees equally, regardless of whether they support the position of management or the labor union. Likewise, the act prohibits labor unions from coercing or threatening workers who don't want to engage in collective activity, which is one reason why the Taft-Hartley Act was passed in 1947 as an amendment to the National Labor Relations Board's governing act. Taft-Hartley addressed concerns that labor unions were engaging in coercive efforts to increase their support among workers, such as using threatening tactics against employees who didn't want to join a labor union.
Collective bargaining is the negotiating process to reach a labor union contract, or a collective bargaining agreement. Aside from a union organizing campaign, contract negotiations often are contentious. Labor union representatives and management representatives engage in a two-way exchange of proposals and concessions to reach an agreement. While it's not a requirement of law to reach a mutually agreed upon labor union contract, it doesn't serve either party's interest to purposely stall negotiations or refuse to bargain in good faith. In fact, refusal to bargain in good faith violates Sections 8(a)(5) and 8(b)(3) of the NLRA. Respect for the collective bargaining process is fundamental to achieving an agreement that satisfies the union, the employer and the employees.
Employers must have HR staff with the expertise to handle employee grievances and interact with on-site union stewards and labor representatives. For matters that are unresolved through the typical three-step grievance process, employers generally hire legal counsel to handle arbitration. Lawyers with expertise in labor law and who are genuine advocates for alternative dispute resolution can effectively represent employers. They also can lend their expertise to HR staff by teaching them how to resolve future workplace issues within the three-step process.
Grievances often are based on misinterpretation of the collective bargaining agreement or supervisors' and managers' missteps if they aren't experienced managing a union workforce. This means HR should provide training on basic principles of labor law and how to interpret labor union contracts. By virtue of the daily interaction that supervisors and managers have with employees, they are more hands-on regarding contract interpretation. Therefore, it's imperative that they are capable of making workforce decisions that are consistent with contract language, but don't undermine their authority.
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