Union salting: Reactions and rulings since <Emphasis Type="Italic">Town and Country</Emphasis>

In a difficult organizing environment, unions have adopted growth strategies including organizing for recognition and bypassing the NLRB election process-a top-down approach. Union salting has become a popular tool toward achieving that goal particularly among the building trades unions. I examine labor’s thrust at the top-down approach toward organizing the workplace using the “salting” strategy, employer reactions to salting, and the pattern of rulings coming from the National Labor Relations Board since the seminal Supreme Court case on salting, NLRB v. Town & Country Electric (1995).     

“Neutrality” and “card check” agreements: Union assaults on employee rights and the integrity of the national labor relations board

Employer “neutrality” and union recognition by “card check” are tools unions use to bolster their shrinking numbers. Employee freeinformed choice and the sanctity of a democratic, secretballot National Labor Relations Board (NLRB) election are the casualties of this fast-track approach to organizing. The NLRB is faced with challenging issues about some of the agreements which may overreach legal boundaries. This paper addresses those issues and highlights pending NLRB cases which may resolve some of them.     

The changing scope of union organizing

This paper presents a profile of the change in the scope of union organizing and provides empirical support for the numerous observations about the declining importance of jurisdictions in the selection of organizing targets. The scope of organizing is measured in terms of the distributions of the NLRB certification elections of 18 selected unions for 1973–1975 and 1983–1985. Diversity and concentration in organizing and its impact on election outcome are examined. The authors thank Azia Merchant for his assistance.     

Union characteristics and organizing success

Using archival data, 12 independent variables pertaining to organizing strategy, organizing resources, and financial resources were used to predict the NLRB certification election success rates of national unions in three different time periods. The more than 50 unions participated in more than 75 percent of such elections. Relative to the hypothesized relationships, a mixed set of results was obtained. Possible explanations for these results, along with suggestions for more refined measurement procedures, are offered in terms of future research needs. Financial support for this project was provided by the Graduate School Research Committee at the University of Wisconsin-Madison and by the Graduate and Research Committee, College of Business at the Ohio State University. Data analysis was provided by Kyu Hwang. We thank Marick Masters, Anne Miner, and Craig Olson and an anonymous reviewer for comments. An earlier version of this paper was presented at the Academy of Management meeting, Chicago, August 1986.     

Representation type and union success in certification elections

Many different variables have been used to predict union certification election success; however, none of the studies has explored the impact of representation type. Using NLRB election data for the period from April 1980 through September 1990, we found that affiliation of a local union with the AFL-CIO was detrimental to the success rate of unions in single union and contested certification elections. We offer preliminary interpretations based on fundamental economic themes often applied to collective choice and conclude with implications for union organizing policy. The authors thank Michael Nelson for helpful suggestions and Matthew Harris for research assistance.     

Diversification and win rate in NLRB certification elections

This research examined industrial diversification patterns and win rates within the 1977–1979, 1983–1985 and 1992–1994 periods for all NLRB certification elections of the 30 most active unions in 1977–1979. We found significant change in diversification and little change in average win rates over the study period. The general trend was less total diversification and more unrelated diversification in 1992–1994 relative to 1983–1985 and 1977–1979. Total diversification and election frequency had no impact on win rates. However, related diversification had a significant positive influence on union win rates for elections recorded outside unions’ core organizing industries.     

Majority voting rules and the union success rate in national labor relations board representation elections

This paper simulates how the union success rate in representation elections would be affected if the NLRB reverted from its current simple-majority voting rule to its original majority-in-unit voting rule. Such a rule change would have altered 21 percent of decertification and 16 percent of certification victories over the period 1977–81, resulting in the loss of 180,400 actual or potential bargaining unit members for the union movement. Abstentions play an important role in election outcomes. Under the present voting rule unions have no clear advantage to “get out the vote” in decertification elections, but a clear disadvantage in certification elections. Under a majority-in-unit rule unions hold an advantage when they “get out the vote” in all representation elections. I would like to thank Mike Bognanno, Jim Dworkin, Paul Schumann, two reviewers, and the editor for helpful comments and David Wilson for excellent research assistance. I would also like to thank the NLRB for providing the election data tape.     

Managerial Hostility and Attitudes Towards Unions: A Canada-US Comparison

We use a cross-country survey of attitudes toward work and unions, which includes a sample of managers in both the US and Canada, to explore whether there is greater attitudinal hostility to unions in the U.S. Our estimates indicate that American manager’s attitudes towards unions are, perhaps surprisingly, less hostile than those of Canadian managers. We explain this first finding by the differential effect of perceived union power, which is greater in Canada than the US and which is correlated negatively with union approval. We also find that US managers are less likely to use extreme methods to oppose union organizing drives, implying that the lower union rates in the US as compared to Canada are not likely the result of greater negativity towards unions themselves but rather some other factor or combination of factors. The implication is that if Canadian managers faced the same labor relations playing field as their US counterparts, they would likely find it easier to thwart union certification drives as well. Alternatively stated, Canadian-style labor relations reforms (such as card-check systems or quicker certification votes) could perhaps tip the balance in favor of unions when organizing in the US.     

The formation and administration of labor policy by the NLRB: Evidence from economic and ULP strike rulings

Conclusion and Implications My result cast doubt on normative assessment of NLRB performance. To illustrate, Gross concludes that the Dotson Board’sdecisions caused the labor movement to atrophy. If the Dotson Board ruled for unions in roughly the same proportion of striker replacement cases as the Gould Board, however, Gross’ conclusion is questionable.     

The role of management attorneys in union organizing campaigns

We examine the role and effect of management attorneys in union organizing campaigns by conducting in-depth interviews with a number of management and union attorneys, union organizers, and NLRB administrators. Hypotheses are developed for future empirical testing.     

The changing character of strikes involving permanent striker replacements, 1935–1990

Using NLRB cases reporting hiring of striker replacements, I provide a longitudinal analysis of 165 strikes from 1935–1990. Strikes since 1981 most closely resembled strikes occurring from 1938–1947: They lasted longer and involved more strikers and more replacements than strikes in the 1950s, 1960s, and 1970s. Interestingly, NLRB disposition of employer unfair labor practice charges remained fairly constant throughout the 55 years analyzed and overwhelmingly favored unions. Although my findings are preliminary, they suggest that more empirical analysis of replacement strikes is warranted. I also suggest how some existing strike models can be readily adapted to explain replacement strike phenomena. I thank Stephanie Mason and Brian Dilley for their research assistance and an anonymous referee for insightful suggestions.     

The economics of the decision to join a union

This article attempts to bring about a synthesis of the theory of human capital and the disparate and largely empirical literature on the impact of unions on an individual worker’s terms and conditions of employment. This is done by modeling the decision of a worker to join a unionized firm or vote for a union in an NLRB election. From this model both the theoretically correct valuation and some empirical estimates of the value of the major wage and nonwage (seniority, discipline and discharge, strikes, dues) impacts of unions are presented. Extensions to risk averse workers, free rider problems, union elections and contract ratification votes are also briefly considered.     

Utilizing Digital Advocacy in Community Organizing: Lessons Learned from Organizing in Virtual Spaces to Promote Worker Rights and Economic Justice

This article discusses the usefulness and challenges associated with utilizing social media technologies in the context of community organizing practice, often referred to as digital advocacy. We ground the analysis of digital advocacy in the context of a recent organizing effort undertaken by social work academics, grass roots organizers, and allies to support the boycott of Hyatt Hotels in San Antonio, Texas, by marginalized hotel workers and labor unions through advocating that the Society for Social Work Research relocate their 2014 conference from the Grand Hyatt, San Antonio, and to work toward better conference planning procedures in the future.     

Challenging Misconceptions about Organizing Women into Unions

In many countries, women are the fastest growing group of unionized workers. As unions scramble to restore their flagging membership, women become central to the process of union membership renewal. Yet survey data collected from union organizers in Canada show that unions are only partially meeting women’s demand for union representation, in large part because of gender bias in union organizing practices. To develop this argument, this article offers data analysis that challenges four popular misconceptions about women and unions which contribute to gender bias in union organizing practices. These misconceptions are: women are less likely to support unions than men; high rates of unionization in the public sector rather than women themselves explain the high rates of union growth amongst women; small workplaces are a particular barrier to organizing women and women are more passive and avoid conflict, therefore reducing their likelihood of withstanding a hostile organizing drive. Having challenged these misconceptions, the article concludes with a discussion of the many ways in which union organizing practices are gender biased. Issues discussed range from the limited number of women hired as organizers to the tendency of unions to target small male‐dominated workplaces for organizing, over women‐dominated workplaces, in spite of the latter’s greater likelihood of success.     

Union Organizing and Labor Outreach in the Contemporary United States

Despite their long decline, labor unions increasingly find themselves in the news. From the spirited debate over income inequality, to fights over minimum wage and the unlikely mobilization of fast food workers at the very bottom of the American labor market, labor issues are of great public interest. In this article, I review scholarship on contemporary union organizing and outreach activity. This work suggests that while innovative organizing and outreach strategies, sometimes lumped together under the rubric of “social movement unionism” and “alt‐labor,” are demonstrated to be effective in advancing union causes, only a handful of unions appear to have the will and resources to utilize them. Moreover, while the implementation of new organizing and outreach strategies has been uneven and has not boosted union membership nationally, organized resistance to unions, from court rooms to state legislatures, has increased substantially.     

Organizing migrant care workers in Israel: Industrial citizenship and the trade union option

The authors examine the feasibility of trade unionism for migrant care workers, based on a recent organizing drive in Israel. Distinguishing between trade unions and other civil society organizations, they re‐examine the concept of workers' collective action, looking at what constitutes a trade union and to what extent unions can address the specific concerns of migrant care workers. They conclude that, despite the numerous problems involved in organizing migrant care workers, and the vulnerabilities intrinsic to migration processes, gendered work and the occupation of care, trade unions play an important role in establishing industrial citizenship and forming political agency.     

Culture of the Labor Movement and Work in the United States

With the resurgence of union organizing during the 1990s, a new scholarship about the labor movement has emerged, documenting and explaining this new social movement unionism. Literature on the culture of work is well developed while, generally speaking, in the scholarship about the labor movement, culture is an underdeveloped analysis. In this article, we look at the culture of market fundamentalism as the dominant way of thinking and explaining work and labor in the United States. Market fundamentalism has emerged at the same time that women and immigrants have become much more numerous among U.S. workers, and they have brought with them new cultural emphases at work and among unions. In response to market fundamentalism and with the activism of women and immigrants among others, unions have transformed their own culture toward social movement unionism and have pushed for a new culture of work.     

The determinants and effects of right-to-work laws: A review of the recent literature

I review the recent literature on the determinants and effects of right-to-work (RTW) laws. The focus is primarily on the econometric studies published since the early 1980s. Five major areas of impact are assessed: unionization, free riding, union organizing activities and successes in NLRB elections, wage structure, and state industrial development. While individual findings are quite sensitive to model specification, the accumulated evidence indicates that RTW laws have at least a significant short-run impact on all of these areas except perhaps wages.     

Union Organizing and Membership Growth: Why Don’t They Organize?

This study analyzes U.S. union organizing activity and membership growth from 1990 to 2004, a period in which an overall pattern of union decline continued and in which organizing achieved renewed prominence as both a union policy and public policy issue. Models for organizing activity and membership growth were proposed and tested. Union decentralization and employer opposition were found to be key predictors of organizing activity differences among unions. These same factors, along with organizing activity, helped explain union differences in membership growth, as did a ??Sweeney era?? effect.     

Capacity and Solidarity: Foundational Elements in the Unionization Strategy for Immigrant Day Labourers

Recent scholarship has been reasonably optimistic about unionization as a mechanism of labour justice for immigrant workers in casual and contingent work. This optimism rests on two assumptions: (1) that unions have the capacity to absorb immigrant workers in nonstandard work and (2) that casual, immigrant labourers enjoy the kind of solidarity that underpins collective action. This paper examines these assumptions critically through a case study of construction unions and Latino immigrant day labourers in Denver, Colorado and Baltimore, Maryland. I use participant observation and in‐depth interviews with nine labour unions, 19 Latino immigrant day labourers, and two (non‐union) day labour organizing projects in the cities to examine questions of capacity and solidarity. I find that the existing foundations for unionizing day labourers may be weak in certain cities and communities. Union capacity is undermined by structural fragmentation and specialization in market segments that are inaccessible to day labourers. Strategically, in an age of de‐unionization, unions also face pressures to “add value” for employers by sorting the workforce into high quality and low quality categories. Locals indicate day labourers would likely fall into the latter category, thus precluding membership. The foundations for solidarity are similarly weakened in the cases studied. Culturally, day labourers in Denver and Baltimore emphasize self‐reliance and material well‐being over collective action and the pursuit of justice. To work toward unionization, organizers should be prepared to confront deficits of capacity and solidarity in other cities as well, especially those where homelessness is prevalent among day labourers, where immigrant populations are newly arrived, or where local union cultures are unreformed. I suggest that union collaboration, a cooperative type of occupational unionism, and commitments to training day labourers may help boost union capacity to absorb day labourers, while the creative use of material incentives should figure prominently in organizing strategies.