Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: MONDAY, September 5, 1994 TAG: 9409070005
SECTION: EDITORIAL PAGE: A7 EDITION: HOLIDAY
SOURCE: ARTHUR A. COIA
DATELINE: LENGTH: Long
The National Labor Relations Act empowered workers by legally recognizing their unions. Today's work force needs much more than that.
Fortunately, on this Labor Day 1994, the prospects for real labor-law reform are brighter than ever, thanks to the Clinton administration's Commission on the Future of Worker-Management Relations, headed by former Labor Secretary John Dunlop.
As the commission's recent fact-finding report noted, labor-management cooperation is essential to American competitiveness in today's global economy.
What will surprise those who only hear the myths peddled by anti-union propagandists, "the system of labor-management negotiations works well. Conflict is relatively low ... [with] diverse forms of new cooperative arrangements," according to the commission.
In contrast, conflict is greatest "in the process of providing workers a democratic choice whether to organize a union in previously unorganized workplaces" - mostly due to management abuses. Indeed, 81 percent of all charges upheld in 1990 by the National Labor Relations Board were brought against employers.
Therefore, workplace cooperation would be greatly enhanced by changing the law to reduce the potential for bitter strife in the organizing process, and to strengthen enforcement against recalcitrant employers.
Having worked on labor-management programs at all levels, I have seen what works - and what doesn't - firsthand. Here are some practical recommendations for reform to foster workplace cooperation:
Enable employees to establish collective-bargaining rights when a majority sign union cards. This reduces the opportunities for conflict and abuse while facilitating worker choice.
Develop stronger mechanisms to compel employers to negotiate in good faith with newly organized bargaining units. The commission found that "one-third of workplaces that vote to be represented by a union do not obtain a collective-bargaining contract with their employer." Removal of management dilatory tactics is critical. Mandatory arbitration of first contracts would also help.
Provide meaningful remedies for victims of unfair labor practices. Just as federal laws protecting individuals from race, sex, age and disability-based discrimination offer compensatory and punitive damages, attorneys' fee reimbursement and ready injunctive relief, so should laws protecting the right to organize.
Require construction employers who enter into pre-hire agreements with unions to bargain in good faith when contracts expire, rather than allowing them to walk away - a condition that exists in no other industry and fosters confrontation.
Curtail employer strategies to destroy collective-bargaining relationships by diverting work to specially created non-union arms and replacing workforces after ownership changes.
While these reforms would provide a legal framework for greater cooperation, they would not be enough. Attitudes and behavior must also change - on both sides of the bargaining table.
Labor should take a pro-active role, rather than simply waiting for legislative reforms. A more favorable organizing climate can be created by adopting sophisticated policies that encourage increased cooperation and productivity.
First and foremost, unions must reject the concept of labor-management relations as always adversarial. Collective bargaining should not only get union workers their fair piece of the pie but also enlarge the pie itself.
Unions also must be flexible on work rules and job classifications to accommodate changes in technology and production. The key is coupling job security with training that enhances a worker's livelihood as well as productivity. Employee involvement is also essential. When workers participate as equals in decisions affecting them, productivity and morale increase, improving the company's competitiveness.
Finally, unions should assist employers in promoting their products or services over those of nonunion competitors.
A true labor-management compact also requires commensurate employer commitments:
More than lip service must be given to the adage that "people are an employer's greatest asset." All parties benefit when employers invest in training, new technologies and career opportunities for employees.
Further, management must accept "labor representatives as valued partners," as the Dunlop Commission noted.
To avoid strife, employers should consider adopting a neutral role on efforts to organize their employees. When employers feel obligated to oppose union representation, they must do so within the law, without intimidation.
Finally, employers should give workers a fair share of the benefits when productivity and profits increase.
As the Dunlop Commission prepares its final recommendations for the end of this year, I hope it will craft a plan that nurtures this new compact between labor and management. I also hope Congress enacts such reforms, opening their minds to the workplace of the future.
In the meantime, responsible leaders of labor and industry should seek to implement these principles on their own. At stake is nothing less than the well-being of American workers and our country's ability to sustain our standard of living.
Arthur A. Coia is general president of the Laborers International Union of North America.
by CNB