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.In professional sports, where contracts allow for bargainingbetween employers and individual players, there are goodexamples of such special contracts between labor andmanagement.Stars, such as the now retired Fred Lynn, the RedSox erstwhile centerfielder who pioneered new contracts withthe California Angels, and Baltimore Orioles, the Detroit Tigers,and San Diego Padres, are now dwarfed financially bymultimillionaires like fastball pitcher Roger Clemens, outfieldersBarry Bonds and Bobby Bonilla, and secondbaseman RyneSandbergthe leaders among many now able to command handsome salaries on the basis of individual bargaining.45The collective bargain itself will, in many circumstances, providefor a wide range of benefits to be negotiated in an individualcontract of employment; the wage or salary is one such benefit.But the situation in professional sports is not representative ofmost collective bargaining in which wages as well as otherbenefits and conditions are shaped by unions and employers onan almost totally bilateral basis.And even in sports it is thecollective agreement that sets minimum salaries and addressesthe question of when players become free agents so that theymay bargain with other teams.Indeed the union representingsoccer players in North America has the authority under itscollective agreement to vetopage pagePage 38individual contracts.The National Football League Players'Association has proposed (without success) collective negotiationof maximum as well as minimum salaries.But the NationalBasketball Players' Association has agreed to a salary ''cap" orlimit that each club cannot exceed.Also players' unions havebecome concerned about, and sought to regulate, some of thepractices of agents who represent athletes.Appropriate UnitWhat is an appropriate unit of workers? An appropriate unit is tobe established by the NLRB among a group of workers who havea "community of interest" with one another.The principal forumfor collective bargaining in the United States is an appropriateunit of workers established at the plant.But the statute andnumerous decisions of the Board and the courts make it clearthat an appropriate unit can be established at the company leveland sometimeswhere there is consent on both sideson amultiemployer or industrywide basis.The principal considerations that the Board and the courts use indetermining what constitutes an appropriate unit are thefollowing:whether the employees are under common supervision,whether the employer's bookkeeping relating to employeeconcerns, payment of wages, and other benefits is organized on a plant, a multiplant, or a multicompany basis,on what basis the employees have communicated or bargainedin the past,whether the employees have contact with one another at theworkplace and whether, for instance, they clock in and clock outat the same location,if there is a dispute relating to whether the unit is appropriatelymultiplant in scope, the extent to which employees aretransferred between plants (temporarily or otherwise),similarity in the type of work performed,similarities in wages, hours, and working conditions, andthe desires of the employees.page pagePage 39Though the last point can be considered along with the others,the Taft-Hartley amendments make it clear that the NLRB cannotdeclare an appropriate unit by considering the workers' wishesalone.46Often the question of what constitutes an appropriate unit is adifficult one.Very often the union will want a small unit.Forinstance, if a chain has five restaurants in the same city, theunion will undoubtedly try to establish a unit in one or two ofthem because it can channel a great deal of effort into organizinga small group of employees (which can then serve as a "buildingblock" for organizing others).Another reason for the union'sdesire to establish a smaller unit is its reliance upon secrecy toward off a counterattack by the employer.Secrecy is less likely tobe realized if the union tries to organize all of the chain's facilitiesin the city simultaneously.In such circumstances the employergenerally wants the broader unit because of his or her interest inuniformity of practices and conditions of employment in all thefacilities.Not only does this make administration easier, but alsoit tends to minimize the potential for discord and discontentamong employees who might complain about differences inbenefits and conditions which they perceive as putting them inan inferior position [ Pobierz całość w formacie PDF ]
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.In professional sports, where contracts allow for bargainingbetween employers and individual players, there are goodexamples of such special contracts between labor andmanagement.Stars, such as the now retired Fred Lynn, the RedSox erstwhile centerfielder who pioneered new contracts withthe California Angels, and Baltimore Orioles, the Detroit Tigers,and San Diego Padres, are now dwarfed financially bymultimillionaires like fastball pitcher Roger Clemens, outfieldersBarry Bonds and Bobby Bonilla, and secondbaseman RyneSandbergthe leaders among many now able to command handsome salaries on the basis of individual bargaining.45The collective bargain itself will, in many circumstances, providefor a wide range of benefits to be negotiated in an individualcontract of employment; the wage or salary is one such benefit.But the situation in professional sports is not representative ofmost collective bargaining in which wages as well as otherbenefits and conditions are shaped by unions and employers onan almost totally bilateral basis.And even in sports it is thecollective agreement that sets minimum salaries and addressesthe question of when players become free agents so that theymay bargain with other teams.Indeed the union representingsoccer players in North America has the authority under itscollective agreement to vetopage pagePage 38individual contracts.The National Football League Players'Association has proposed (without success) collective negotiationof maximum as well as minimum salaries.But the NationalBasketball Players' Association has agreed to a salary ''cap" orlimit that each club cannot exceed.Also players' unions havebecome concerned about, and sought to regulate, some of thepractices of agents who represent athletes.Appropriate UnitWhat is an appropriate unit of workers? An appropriate unit is tobe established by the NLRB among a group of workers who havea "community of interest" with one another.The principal forumfor collective bargaining in the United States is an appropriateunit of workers established at the plant.But the statute andnumerous decisions of the Board and the courts make it clearthat an appropriate unit can be established at the company leveland sometimeswhere there is consent on both sideson amultiemployer or industrywide basis.The principal considerations that the Board and the courts use indetermining what constitutes an appropriate unit are thefollowing:whether the employees are under common supervision,whether the employer's bookkeeping relating to employeeconcerns, payment of wages, and other benefits is organized on a plant, a multiplant, or a multicompany basis,on what basis the employees have communicated or bargainedin the past,whether the employees have contact with one another at theworkplace and whether, for instance, they clock in and clock outat the same location,if there is a dispute relating to whether the unit is appropriatelymultiplant in scope, the extent to which employees aretransferred between plants (temporarily or otherwise),similarity in the type of work performed,similarities in wages, hours, and working conditions, andthe desires of the employees.page pagePage 39Though the last point can be considered along with the others,the Taft-Hartley amendments make it clear that the NLRB cannotdeclare an appropriate unit by considering the workers' wishesalone.46Often the question of what constitutes an appropriate unit is adifficult one.Very often the union will want a small unit.Forinstance, if a chain has five restaurants in the same city, theunion will undoubtedly try to establish a unit in one or two ofthem because it can channel a great deal of effort into organizinga small group of employees (which can then serve as a "buildingblock" for organizing others).Another reason for the union'sdesire to establish a smaller unit is its reliance upon secrecy toward off a counterattack by the employer.Secrecy is less likely tobe realized if the union tries to organize all of the chain's facilitiesin the city simultaneously.In such circumstances the employergenerally wants the broader unit because of his or her interest inuniformity of practices and conditions of employment in all thefacilities.Not only does this make administration easier, but alsoit tends to minimize the potential for discord and discontentamong employees who might complain about differences inbenefits and conditions which they perceive as putting them inan inferior position [ Pobierz całość w formacie PDF ]