HR 5117 ELL Chapt 1

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HR 5117 ELL Chapt 1
2014-09-10 09:27:49
HR 5117 ELL Chapt

HR 5117 ELL Chapt 1
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  1. Largesse
    generosity in bestowing money or gifts upon others
  2. Temerity
    excessive confidence or boldness; audacity
  3. Black Death - mid 14th Century
    • labor shortage caused demands for higher wages and better conditions
    • Rulers responses were swift and severe

    1339 - British's king issued proclamation requiring everyone to accept same wages received 2 years earlier
  4. Statute of Laborers (1351)
    denounced worker who had the temerity to demand higher wages

    decried those who chose "rather to beg in idleness than to earn their bread in labor"
  5. Industrial Revolution - 19th Century 
    England and America
    rise of Employment-at-Will in the common law
  6. Employment-at-Will
    Both the employee and the employer are free to unilaterally terminate the relationship at any time and for any legally permissible reason, or for no reason at all
  7. Common Law
    Judge-made law as opposed to statutes and ordinances enacted by legislative bodies
  8. In reality, employers...
    at all the bargaining power; real negotiation of terms and conditions of employment was, for the most part a myth
  9. Labor Unions
    put the employer/employee relationship into balanced

    ..Workers banded together
  10. Early court cases concluded...
    that labor organizations were criminal conspiracies
  11. Unions first breakthrough - 1842
    • Supreme Court Judge of Mass - 
    • union workers could only be indicted if either means or their ends were illegal and that the "tendency of organized labor to "diminish" [the employer's] gains and profits" was not in itself a crime
  12. Federal Employers Liability Act (1908)

    Railway Labor Act (1926)
    allowed for alternative methods of dispute resolution, first in the railroad, and later in the airline industry
  13. The New Deal and the Rise of the Modern American Union
    • The Social Security Act (1935)
    • The National Labor Relations Act (1935)
    • The Walsh-Healy Act (1936)
    • The Merchant Marine (Jones) Act (1936)
    • Fair Labor and Standards Act (1938)
  14. The Social Security Act (1935)
    provides modest pensions to retired workers
  15. The National Labor Relations Act (1935)
    set ground rules for the give and take between labor unions and corporate managers
  16. The Walsh-Healy Act (1936)
    first of 7 statutes to set the terms and conditions of employment to be provided by government contractors
  17. The Merchant Marine (Jones) Act (1936)
    provided remedies for injured sailors
  18. Fair Labor and Standards Act (1938)
    FLSA - sets minimum wages, mandates overtime pay, and regulates child labor
  19. FDR's New Deal had to survive constitutional challenges in the Supreme Court
    early years of FDR's presidency (1933-1936) Justice repeatedly refuse to enforce New Deal legislation, consistently declaring the new laws unconstitutional
  20. West Coast Hotel Company v. Parrish
    adopted measures to reduce the evils of "sweating systems"

    referred to the exploiting of workers at wages so low as to be insufficient to meet the bare cost of living

    • prevalence of similar laws in a growing number of states as evidence of a broadening national consensus that 
    • 1. sweatshop were evil
    • 2. these laws contribute to their eradication
  21. Legislation on the federal and state level was..
    overwhelmingly favorable to workers and their labor organizations

    a rush by workers to join labor unions
  22. Corporation which resisted were...
    charges with unfair labor practices under the National Labor Relations Act and compelled by the National Labor Relations Board to recognize and bargain with organized labor
  23. Decline of Organized Labor in America (from its peak in the 1950's)
    • Globalization
    • Individual Employer Rights
    • Taft-Hartley Act (1947)
  24. Globalization
    The integration of national economies into a worldwide economy due to trade, investment, migration, and information technology
  25. Individual Employer Rights
    Rights enjoyed by workers as individuals, as against collective rights secured by unionization; sources are statutes and court decisions
  26. Arbitration
    The settlement of disputes by a neutral adjudicator chosen by the parties
  27. Civil Rights Act of 1964 - Title VII
    declared employment discrimination based on race, sex, religion, and several other protected categories illegal
  28. Other example of individual employee rights laws and legal concepts include
    Age Discrimination in Employment Act (1967)

    generalized recognition of theories of wrongful discharge

    related employment-related torts in American common law

    • These new laws and common-law legal theories have often supplanted labor unions as the main source of legal protection for American Workers....sometimes conflicting with the legal remedies available to workers under collective bargaining agreement
    • ...If he or she is a union member, that same employee has not only a right, but an obligation, to pursue any such wrong as a grievance under the grievance apparently as his or her exclusive remedy
  29. deluge
  30. Good Cause
    A substantial reason, not arbitrary or capricious or illegally discriminatory
  31. Capricious
    given to sudden and unaccountable changes of mood or behavior
  32. Writ of Certiorari
    A court order requiring the court below to certify the record of a case and send it up on appeal
  33. Election of Remedies
    A litigant's choice of solutions for a perceived wrong; for example, a plaintiff may have a choice between money damages and a court order of resitution
  34. Alexander v. Gardner-Denver Company
    decision trumpeted an individual's rights v. a collective employee rights

    Supreme Court Decision had the effect of further undermining the eroding influence of labor unions in the American workpace
  35. By the 1980's, employment law cases......
    dominated the federal District Court dockets across the country.  In their hey day, labor unions diverted much of this court business into their grievance/arbitration processes

    Supreme Court Rulings that individual rights derived from anti discrimination, whistleblower, etc could not be automatically ceded to the labor-management dispute resolution process
  36. Whistleblowers
    Employees who report or attempt to report employer wrongdoing or actions threatening public health or safety to government authorities
  37. Racketeer Influenced and Corrupt Organization Act (RICO)
    A federal law designed to criminally penalize those that engage in illegal activities as part of an ongoing criminal organization
  38. Employee Retirement Income Security Act (ERISA)
    intended to protect and preserve employee pensions
  39. Family Medical Leave Act (FMLA)
    require employers to grant paid leave of absences for an ever increasing range of personal issues
  40. Worker Adjustment and Retraining (WARN)
    aimed at letting employees know when a plant is closing or mass layoff is in the offing
  41. Gaps remain in the American labor and employment laws system
    No national statute requires private employers to provide their employees with either health insurance or pension plan

    Note:  ACA  (2009) required employers to offer health plans to employees averaging 30 hrs a week
  42. Recession
    Periodic economic downturns
  43. Depression
    Severe declines in economic activity
  44. Guided by the theories of British economist John Maynard Keynes, the New Deal administration of FDR....
    engaged in deficit spending and government intervention to jump start the stalled national economy
  45. recovering remained uncertain until WWII
    revived American manufacturing and carried it to unheard heights of productivity and profitability
  46. After WWII, Big Business, Big Labor, and Big Government....
    prevented an economic downturn

    A Veteran Bill placed tens of thousands of vets in college classroom, both delaying their demands for immediate employment and training them for more sophisticated higher paying positions
  47. Beginning in the 1970's...
    and continuing down to the present day, American manufacturing has experienced a steady decline
  48. Lilly Ledbetter Fair Pay Act
    Statute that extends time in which an employee may file suit under several federal employment statutes
  49. Employee Free Choice Act
    Bill which if enacted will make it easier for unions to organize workers
  50. Health-Insurance Reform
    Effort by the Obama Administration and Congress to solve the problems of high cost and limited coverage of the US health insurance system
  51. North American Free Trade Agreement (NAFTA)
    Treaty among Canada, the US and Mexico to foster free trade across their national borders
  52. NAFTA - negative perspective
    policy director of the AFL-CIO told a Congressional committee in 2006.....NAFTA was sold to the American public and American workers as a market opening agreement that would create high paying export related jobs here is the U.S., bringing prosperity to Mexico and spur economic growth and political stability thorough out North America

    NAFTA has been a dismal failure.  Workers on all 3 NAFTA countries have seen their wages fall or stagnate (failing to keep pace with productivity increases) as job insecurity and inequality has grown

    NAFTA rules have disadvantaged North American family farmers, many small businesses, consumers, and their environment relative to the multi-national corporate interests
  53. The Supreme Court decided in the 1970's that union grievances/arbitration procedures could not strip union members of their individual rights especially where federal anti discrimination laws were concerned
    In the 1980's as the federal court was deluged with employment cases, the Supreme Court reversed course somewhat, endorsing the use of arbitration clauses in individual employment contracts
  54. Employee health, safety, and welfare laws...
    have proliferated at the federal and state levels


    But gaps remain, notably in the areas of mandatory pension and health insurance benefits, which are not required under the U.S. law