Trade union

A union (labor union in American English; trade union in British English and Australian English; either labour union or trade union in Canadian English) is an organisation formed by workers. Most typically, a single union will represent workers in a particular industry (industrial unionism) or craft (craft unionism), within all or part of a country. Unions are often divided into "locals" and united in national federations. Typical examples, depending on the country, could be all the assembly workers for one employer, all the teachers in a local school district, or all the workers in a particular industry.

Labor unions in the United States

Most labor unions in the United States are members of a larger umbrella organization, the AFL-CIO, or the American Federation of Labor-Congress of Industrial Organizations. The AFL-CIO advocates for policies and legislation favorable to workers in the United States and Canada. The AFL-CIO also often works with other international and national unions on global trade issues.

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Unions of workers in the private sector are tightly regulated and overseen by the United States Department of Labor under the authority of the National Labor Relations Act (NLRA), passed in 1935, which is Administered by the National Labor Relations Board (NLRB). To join a union, workers must either win voluntary recognition from their employer or have a majority of workers in a "bargaining unit", as determined by the federal government, vote for union representation. In either case, the government must certify the existence of the union.

Related Topics:
National Labor Relations Act - National Labor Relations Board

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Unions for public sector workers are governed by labor laws and labor boards in each of the 50 states; in many states, typically those in the north, these laws and boards are modeled after the NLRA and the NLRB. In other states, public workers have no right to establish a union as a legal entity. (About 40% of public employees in the USA do not have the right to organize a legally established union.)

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Once the union has won the support of a majority of the bargaining unit and is certified in a workplace, it has the sole authority to negotiate the conditions of employment. However, the NLRA provides mechanisms for the establishment of a union representing only those members of the barganing unit who expressly request representation, in such cases as those members do not constitute a majority (see Charles Morris). This unionization model was once in widespread practice, but was in large part discarded when unions began to consistently win majority support. However, due to recent developments in labor law that unions view as having effectively curbed workers' ability to organize, unions are beginning to revisit the "members only" model of unionism.

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The terms and conditions of employment are spelled out in a legally binding contract between the employer and the union. When disputes arise over the contractual agreement, most contracts call for the parties to resolve their differences through a grievance process. If this measure fails, either party can choose to send the dispute to arbitration, where the case is argued before a neutral third party.

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The Taft-Hartley Act, passed in 1947 over the veto of President Harry Truman, severely limits the powers of unions in the United States, and remains in effect. Closed shops are forbidden; union shops are allowed within the limits allowed by the statute and subject to additional conditions imposed by the National Labor Relations Board and the courts. Jurisdictional strikes (where two unions each claim work that they believe should be assigned to the workers they represent) and secondary boycotts (boycotts against an allegedly neutral company that does business with another company with which a union has labor dispute) were made illegal. Unions are no longer allowed to donate money to federal political campaigns.

Related Topics:
Taft-Hartley Act - 1947 - Harry Truman - Closed shop - Union shop

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Most importantly, the law provided the executive branch of the Federal government with the ability to obtain legal strikebreaking injunctions if an actual or impending strike "imperiled the national health or safety", a test that has been in practice interpreted loosely by the courts. This clause has been invoked in 2002 when dock workers at Los Angeles went on strike, impeding the military logistics needed for the invasion of Iraq.

Related Topics:
2002 - Los Angeles - Logistics

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In the 1950s, many U.S. unions lost much of their prestige when links to organized crime were discovered. Since the 1970s, union membership has been steadily declining in the private-sector while growing in the public sector (that is, unions of government employees).

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Right-to-work statutes forbid unions from negotiating agency shops. Thus, although unions do exist in so-called "right-to-work" states, they are typically weaker. Such states are humorously referred to as "right-to-work-for-less" states by union members.

Related Topics:
Right-to-work statutes - Agency shop

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Members of labor unions enjoy "Weingarten Rights", allowing union members to request representation by a union representative whenever management questions the member on a matter that may lead to discipline or other changes in working conditions. They are named for the first Supreme Court decision to recognize them. NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975). http://www.taterenner.com/weingarten.htm

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In protecting the right of workers to organize unions, the NLRA goes farther. It protects the right of workers to engage in any concerted activity for mutual aid or protection. Thus, no union connection is needed. Concerted activity "in its inception involves only a speaker and a listener, for such activity is an indispensable preliminary step to employee self-organization." Root-Carlin, Inc., 92 NLRB 1313, 27 LRRM, 1235, citing NLRB v. City Yellow Cab Co. (6th Cir. 1965), 344 F.2d 575, 582. http://www.workplacefairness.org/index.php?page=retaliationunion

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