Miami Herald: Wal-Mart issue: Understanding the basics of labor law

[Omaha Steve]

http://www.miamiherald.com/news/more-info/story/1016925.html

Posted on Friday, 04.24.09

BY SCOTT ANDRON
[e-mail]

Organized labor wants Congress to pass a law called the Employee Free Choice Act, which would make it easier for workers to form unions. Business groups such as the U.S. Chamber of Commerce are strongly opposed to the law

To understand the controversy, it helps to know a little about U.S. labor law.

Q.What's a union?

A. In a nutshell, a union is a group of employees who get together to negotiate wages and work rules with their employer. The goal of a union is a contract binding both sides on these matters.

Q. Aren't unions antiquated?

A. Unions started out in response to appalling wages and working conditions of the 19th and early 20th centuries. Since workplace deaths, for example, are no longer commonplace, many business people say unions are no longer needed. Unions reply that workers still should have a say in working conditions and pay rates.

Q. Don't unions make life difficult for management?

A. Yes, they certainly can. For one thing, evidence suggests union workers get paid more than their nonunion neighbors. Also, union contracts typically give workers "due process'' rights, meaning that employers can't discipline a worker without giving them a chance to contest it. These procedures may force managers to do more work -- for instance, to document employee misconduct.

In some cases, managers may not have time or willingness to do all this work, which leads to a phenomenon known as "dead weight," or workers who contribute little but manage not to get fired. Q. Can workers be forced to pay union dues if their workplace is unionized?

A. No. In some states, workers can be required to pay a "bargaining fee," to compensate the union for negotiating the workers' contract. This fee can be almost as much as union dues. But in Florida, such fees are illegal. Workers have the right to pay union dues or not, but get the same benefits as other workers either way.

FULL story at link.