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Management rights

 

Unions say they will give workers power in the workplace - that workers will make the important decisions about their work environment.

 

What power does a union have over management decisions?

 

The answer:  none.

 

Even when a union is present, management continues to have the right to run the business. 

 

Union contracts usually contain a "management rights" clause) listing decisions that continue to be made exclusively by management, even though workers are represented by a union. 

 

Here are two examples:

The SunCoke Energy – Granite City Operations contract with the United Steelworkers Union contains a "Management Responsibilities" clause that says company management has the exclusive rights to:

 

  • “direct, train and test the work force”

 

  • “transfer work to other facilities”

 

  • “hire, promote, layoff, demote, and discipline and discharge for just cause”

 

  • “establish reasonable rules and policies”

 

  • “relieve employees from duty because of lack of work and for other legitimate reasons”

 

  • “create, combine, eliminate or change any job, job classification or department”

 

  • “determine work assignments”

 

The AK Steel contract with the International Association of Machinists has a "Management" clause saying company management has the rights to:

 

  • "hire, retire, transfer, change assignments"

 

  • "promote, demote, suspend, discharge, discipline"

 

  • "relieve employees for lack of work or other legitimate reasons"

 

  • "maintain discipline and efficiency of all employees"

 

  • "establish work schedules and to make changes therein essential to the efficient operation of the plant"

 

  • “be the judge of the physical fitness of employees”

 

Still, there's one management right that union contracts usually don't include:

 

The right to reward workers for doing a good job.

 

"Merit pay" or "pay for performance" is rarely seen in union contracts.  Rather, if raises are given, the best performers and the worst performers get the same raise.

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Some employers have tried to reward their best performers, but had to stop when the union protested; for example:

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  • Brooklyn Hospital Center rewarded its best nurses with $100 gift cards.  When the nurses' union protested, the NLRB told the hospital to stop.  

 

  • The Register Guard Publishing Company in Oregon gave a bonus to employees who sold advertising contracts the company wanted to promote.  When the union protested, the NLRB ordered the company to stop.

Unions killed a law that would have let employers give merit raises to unionized employees in addition to their regular pay?

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In 2012, Congress considered the RAISE ("Rewarding Achievement and Incentivizing Successful Employees") Act which would have lifted the ceiling on unionized workers’ wages by allowing employers to pay individual workers more — but not less — than the union contract calls for.  

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Unions strongly opposed the RAISE Act, and it was defeated in the U.S. Senate by a vote of 45 for and 54 against.  

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Some researchers found that if Congress had passed the RAISE act, average pay for union members could have risen between $2,700 and $4,500 a year.  

Why are unions dead-set against merit pay?

 

Maybe it's this:  if management gives raises to workers on their own, without bargaining with the union, the workers might start to feel they don't need to pay a union to speak for them.

THE BOTTOM LINE:

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Sometimes when a union is voted in, the changes workers get aren't the changes they want.

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