Question

You are the Human Resource Manager of the Springfield plant of Immense Multinational Busniess; the plant production employees are represented by a union, and the collective agreement has a union shop clause requiring employees in the bargaining unit to join the union and to maintain their membership in good standing. You have just hired a new production employee, Waylon Smithers, who asks you if he is required to join the union. He also asks you what benefits he may recieve by becoming a union member and what the negative aspects of union membership are. How should you respond to him? Prepare a short memo outlinig your response to his questions, supporting your comments with appropriate references.

Please make legal arguments with a statute and a case that goes along with this dilemma.

Answer 1

PRODUCTION EMPLOYEES UNION

The aim of the union is to protect and work for the interests of union members. One of its prime purposes is to collectively bargain with the management in terms of wages, working hours, special benefits etc. Generally, it acts as one voice of all the employees.

For an employee, it is always recommended to join the union and be a part of the voice.

Advantages of joining the Union:

• Job Security: Employees who are a part of the union cannot be fired just like that but should have a valid reason. Employers can't terminate a worker for discriminatory reasons such as race, religion, age and the like. Nor can they fire an at-will employee for being a whistleblower and certain other reasons. Before an employee can actually be fired, he or she can go through a grievance procedure, and if necessary, arbitration.
• If a person cannot be easily fired, then he/she can speak up more freely.
• The voice of a group aiming at the same result has a greater impact than an individual voice.
• Being a senior in the union and gaining a good name will also open more growth options to the employees.
• Unionized workers have the assurance of a well trained and stable workforce. Well-trained employees create better and safer work conditions.

Disadvantages of joining the union:

• The initiation fees and dues are a cost to the employee. The fee required to be paid to the union leader will sometimes be a burden to the union members. Some people feel it as a token of appreciation to the union leader for fighting and standing up for them. As in our company, the fee is up to the wish of the employee depending on how much he can afford.
• The flip side of job security is that union members sacrifice individuality by belonging to a group. Sometimes, you may disagree with the union's decisions, but you are bound by them.
• Unionized employees have less trust and partnership with their supervisors as they position the supervisors as an opposite team. This can be avoided if the employees trust that the supervisor is working towards the welfare of the company and its employees.
• Seniority. The advantages that seniority provides can be a detriment to newer employees. You may be more productive or talented than a veteran worker, yet you're the one who likely will be laid off in a downsizing. A union's collective bargaining agreement also may require employers to provide other perks based on seniority rather than merit to the detriment of junior workers with union jobs.

"On balance, Workers are better off with a union than without one"