The Wagner Act (National Labor Relations Act) granted to employees protection against employer retaliation by allowing employees to collectively bargain.  As an amendment to it, the Taft-Hartley Act imposed certain responsibilities upon labor organizations.  Both labor and management are subject to Unfair Labor Practices, as set forth in the act, as amended. See generally, pages 618 & 619.

The organizational process:

• 1. Employees possessing a community of interest are entitled to organize.  This interest may focus upon the employer, the profession or vocation, or any other interest recognized as common to those seeking to organize.
• 2. Unless an employer voluntarily recognizes a unit, organizers distribute signature cards, seeking to find enough interest to allow the NLRB to certify an election.  Certain employees (e.g. supervisors, confidential employees, security personell) are excluded from membership.
• 3. During the "campaign," both organizers and managers must take care to assure the election be conducted "fairly," which is broadly interpreted.  The balance in favor or free speech and fair elections is not easily defined.  See generally, General Shoe Corp., Page 624.  See also NLRB v. Gissel Packaging Co., Page 626.
• 4.  Assuming the unit is successful in the election, it will be certified as the exclusive collective bargaining agent for the members, or those entitle to be members, but who may, nevertheless, chose not to join.
• 5. The charge to both parties, once a unit is recognized, it that both parties must seek to bargain "in good faith" to reach a collective bargaining agreement.  There is no requirement that an an agreement be reached, only that the parties bargain with that as the goal.
• Surface bargaining-going through the motions-not good faith.
• Take-It-Or-Leave-It Bargaining-as a last resort, may be permitted, but must truly be at the end and not at the beginning of negotiations.

• 1.  Conditions of Employment-sets forth job descriptions or classifications, seniority  rights, if any, and general obligations of both the employer and employee.  It is this part of the agreement which alters the general common law Principal-Agent relationship and creates an employment for a term by contract.
• 2.  Benfits-sets forth compensation and fringe working benefits, usually including a retirement program, health benefits package, vacation and/or accumulated compensatory time provisions, etc.
• 3. A grievance process-sets forth a manner by which claims of non-complaince may be resolved, either by binding or non-binding arbitration or mediation.
• 4. The term of an agreement may vary, anywhere from 1 to 5 years.

• 1.  Unfair labor practice strike-action by a union as a result of a proven or provable unfair labor practice.  Strikers may not be permanently replaced.
• 2. "Wildcat" or unauthorized strike-union members strike seeking some remedy, yet are not protected by the agreement nor law.  These strikers may be permanently replaced.
• 3. Economic Strike-union members withhold their services to exert economic pressure on employers to accede to union demands, usually pertaining to entering into a collective bargaining agreement, or a renewal of an existing one, with negotiations for changes which the employer has refused to agree to.  Strikers may be permanently replaced, if notice is given.  See generally TWA v. Flight Attendants, Page 637.

    The issue of participatory management has confronted the right of employees to organize and collectively bargain for conditions of employment and wages.  Generally, management may create groups of both management and workers, if the subject matter of the discussion is not directed at those areas normally reserved for collective bargaining.  See generally Electromation, Inc., Page 644.

In general, closed union shops are prohibited.  Agency shops are permitted as evidenced by Abood v. Detroit Board of Education, Page 646.