Methodology
Organizers employ various methods to secure recognition by the employer as being a legitimate union, the ultimate goal being a collective bargaining agreement. The methods can be classified as being either top-down organizing or bottom-up organizing.
Top-down organizing focuses on persuading management through salesmanship or pressure tactics. The salesmanship may include offering access to resources such as to a well-trained and skilled supply of labor or access to union cartels. Pressure tactics may include picketing with the intention of embarrassing management or disrupting business, as well as assisting the government in investigating employment law and labor law violations. A strict enforcement of these laws might result in fines and might serve to hurt the violator's chances in a competitive bidding process. Top-down organizing is generally considered easier than bottom-up and is practiced more in the construction industry.
Bottom-up organizing focuses on the workers and usually involves a certification process, normally overseen by a labor relations board such as the NLRB in the U.S. The process entails either a secret ballot election or, in some cases, a card-signing effort (called card check). In either case, should a majority of the employees agree to union representation, the results bind the company to recognize and negotiate with the union. Normally, both sides are given a chance to campaign for or against unionization, though management has a decided advantage due to their greater access to the employees. It is in this electioneering model where the organizer really organizes: arranging meetings, devising strategy, and developing an internal structure known as an organizing committee. It is from the pool of activists recruited to the organizing committee that the union typically later draws its shop stewards. Though some mistake organizing as strictly being a recruitment effort, numerous obstacles emerge which require more than simple enlistment and promotion of the union. During organizing, management has greater means to reward or punish workers, far overshadowing methods available to the union. For this reason, in most countries, laws such as the U.S. National Labor Relations Act, guarantee the rights of workers to seek union membership and forbid management's use of undue influence such as bribes or threats. Nonetheless, such charges are hard to prove and the labor movement believes the entire process to be slanted against them in enforcement and interpretation of labor laws. Sometimes, organizing involves legal wrangling over issues such as voter eligibility. In such cases, issues are often settled by appeal to the Labor Board who serves, essentially, as a referee during the process. Intrigue during heated campaigns is not uncommon. In various cases, one or both sides have used spying and information-gathering techniques tantamount to industrial espionage.
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“One might get the impression that I recommend a new methodology which replaces induction by counterinduction and uses a multiplicity of theories, metaphysical views, fairy tales, instead of the customary pair theory/observation. This impression would certainly be mistaken. My intention is not to replace one set of general rules by another such set: my intention is rather to convince the reader that all methodologies, even the most obvious ones, have their limits.”
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