Collective Bargaining & Industrial Relations

Labor Unions have been in existence in the United States since the Industrial Revolution.
Such unions were formed to ensure that workers were able to bargain collectively for better
working conditions. After the end of the cold war, during the reorganization of industries,
workers both skilled and unskilled workers needed to be under an umbrella and form an alliance
to advocate for better pay. The use of strikes also became more common and union members
were required to contribute finances to coordinate employee union activities. Over the years,
labor unions have evolved to include skilled and unskilled workers, and their activities are now
anchored in law. Most notably, unions are more active during negotiations of Collective
Bargaining Agreements (CBA), which are anchored in law under section 8 in the Labor
Relations Act (Barnes, 2013). As such, unions exist primarily to protect employee rights,
advocate better working conditions and remuneration.
The Worker Adjusted and Retaining Notification Act (WARN) became effective in
February 1988 and its main purpose is to protect workers through ensuring that employers notify
employees of plant closings and mass layoffs. Such notifications are expected to be made 60
days in advance to the affected workers or their representatives, the State dislocated worker unit
and the respective local government. Except in special circumstances, WARN Act applies to
employers of more than 100 workers.
2 landmark Supreme Court rulings that have helped shape labor practices today
Another common case is the Boston Harbor Case. The United States Supreme Court, in
Building & Contr. Trades v. Associated Builders & Contractors of Mass. R.I., Inc (1993) found
that government agencies are required to allow public construction to be carried out by unionized

companies on specific projects. This was after Massachusetts Water Resources Authority
contracted Kaiser Engineers Inc to carry out some clean-up work in Boston. Kaiser sued the
water resources authority to be excluded from being bound by the terms of a preexisting
collective bargaining agreement.
NLRB v. Washington Co (1962) is one such case that was brought to the Supreme Court
judges. Employees at a Washington Aluminum Plant arrived at the facility and found that the
heater was bot working. They left their employment stations and were terminated by the
company’s president. The National Labor Relations Board (NLRB) reinstated them. When
upholding the decision, the Supreme Court Judges found that non-union workers also have a
right to engage in concerted protected activities and they cannot be punished for doing so.
References
Barnes, T. (2013). Use of collective bargaining history in arbitration. Dispute Resolution Journal,
68(4), 1-11. Retrieved from https://www.adr.org/DisputeResolutionJournal
From Library Database: Business Source Complete
Building & Constr. Trades Council v. Associated Builders & Contractors of
Massachusetts/Rhode Island, Inc., 507 U.S. 218, 113 S. Ct. 1190, 122 L. Ed. 2d 565
(1993) Available at
https://scholar.google.com/scholar_case?case=6664147161038827860&q=The+United+
States+Supreme+Court,+in+Building+%26+Contr.+Trades+v.+Associated+Builders+%2
6+Contractors+of+Mass.+R.I.,+Inc+(1993)+&hl=en&as_sdt=2006

NLRB v. Washington Aluminum Co., 370 U.S. 9, 82 S. Ct. 1099, 8 L. Ed. 2d 298 (1962).
https://scholar.google.com/scholar_case?case=13863295422378553012&q=NLRB+v.+Washington+Co+(
1962)+&hl=en&as_sdt=2006