Business Law

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Business Law
2011-05-04 22:35:14
Chapter Business Law

Business Law Chapter 31
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  1. a) What happened before 1932 ?
    a) employees were considered expendable, and even the act of joining together was considered criminal.
  2. Union Develop... and the law responds ....

    b) Norris-LaGuardia Act (passed in 1932) ?
    b) prohibits federal court injunctions in nonviolent labor disputes./ •Permits workers to form unions and use collective bargaining power.
  3. a) National Labor Relations Act -
    a) establishmnet and maintenance of industrial peace, to perserve the flow of commerce.... ensures the rights of worker to form unions and encourages management and unions to bargain collectively and productively
  4. a) National Labor Relations Act- Sections 7 ?
    pSection 7 guarantees employees the right to organize and join unions, bargain collectively through representatives of their own choosing, and engage in other concerted activities.
  5. a) National Labor Relations act- Section 8 ?
    • pSection 8(a) makes it an unfair labor
    • practice (ULP) for an employer:

    • •To
    • interfere with union organizing efforts

    • •To
    • dominate or interfere with any union

    • •To
    • discriminate against a union member, or

    • •To
    • refuse to bargain with a union
  6. National Labor Relations Board (NLRB) ?
    • Established by the NLR
    • Has two primary tasks:•Decides if a union has the right to represent a group of employees.•Adjudicates claims by either the employer or workers that the other has committed an unfairlabor practice.
  7. a ) Labor-Management Relations Act
    - Requires finacial disclosures by union leadership. guarantees union members free speech and fair elections
  8. a ) Labor-Management Relations Act Section 8b
    • makes it an unfair labor practice for a union:
    • •To interfere with employees who are exercising their labor rights under §7.
    • •To encourage an employer to discriminate against a particular employee because of a union dispute.
    • •To refuse to bargain collectively, or
    • •To engage in an illegal strike or boycott, particularly secondary boycotts.
  9. State Labor Law -
    All states have labor statutes. Some are comprehensive, some have a narrow focus.
  10. Preemption-
    - states have no jurisdiction to regulate any labor issue that is governed by federal law.
  11. Labor Unions Today

    Local ?
    a regional union that represents workers of a particular company.
  12. Exclusivity ?
    -Under §9 of the NLRA, a validly recognized union is the exclusive representative of the employees.
  13. collective bargaining unit ?
    - precisely defined group of employees who will be represented by a particular union.
  14. Organizing A Union ? What is the pattern ?
    • •Organizers talk to employees and ask them to sign authorization cards.
    • •If organizers get enough cards, they seek recognition as the official representative for the bargaining unit.
    • -They petition the NLRB for election as a valid union; requires 50% of the workers’ approval.
  15. Rights :
    What Workers May Do ?
    -They may talk among themselves about forming a union, to hand out literature, and ultimately to join a union.
  16. Rights :

    What Enployers May Do ?
    • - They may vigorously present anti-union views to its employees, but may not use either threats or promises of benefits to defeat a union drive.
    • –When an employer outrageously interferes, the NLRB may forgo the normal election, certify the
    • union, and order the company to bargain.
  17. Progressive Electric, Inc vs. National Labor Relations Board ?
    Employeer expressed his want to hire union workers and gave presentations expressing the how he extremely dislike union workers. He was sued by the Union for denying capable workes jobs..... Lost because of his actions
  18. Appropriate Bargaining Unit
    • The Board generally certifies a proposed
    • bargaining unit if and only if the employees share a community of interest.
    • •Managerial employees must be excluded from the bargaining unit.
    • •Confidential employees are generally excluding from the bargaining unit.
  19. Appropriate Bargaining Unit
    Community of Interest the board looks for what ?

    after applying this criteria the board either ceritfies the unit or rejects the unit
    • - Rough equality of pay and benefits and methods of computing both
    • - Similar total hours per week and type of work
    • - Similaw skills and training
    • - Previous bargaining history and the number of authorization cards from any different groups within the unit
  20. Collective bargaining agreement (CBA).-
    A agreement between a union and management.
  21. Subjects of Bargaining:
    wages, hours, and other terms and conditions of employment
  22. Manadatory Subjects-
    Bargaining for Subcontracting -
    Closing -
    A company that subcontracts in order to maintain its economic viability is probably not required to bargain; bargaining is mandatory if the subcontracting is to replace union workers with cheaper labor

    •An employer is not required to bargain over closing a plant, only effects of the closing.
  23. No Strick & No Lockout ?Legal or Illegal

    Closed Shop ? Illegal or Legal

    Union Shop? Illegal and Legal

    Agency Shops ? Illegal or Legal
    both legal/ union promises to not strick during the term of the contract

    requirement to hire only union members/ Illegal

    requiring union membership after hiring / Legal

    new hire pays union fees, but does not have to join/ legal
  24. Duty to Bargain
    • -Both the union and the employer must bargain
    • in good faith and with an open mind. However, they are not obligated to reach an agreement.

    • -If an employer states that it is financially unable to meet the union’s demands, the union is entitled to see records that
    • support the claim.

    • -Management may not unilaterally change wages,
    • hours, or terms and conditions of employment without bargaining the issues to impasse.
  25. Enforcement
    Grievance ?
    complaint by the union, on behalf of an employee
  26. Enforcement

    Arbitration ?

    Do courts examine the merits of an abitrators decision ?

    Can a court refuse to enforce an arbitrators award that is contrart to public policy ?

    complaint by the union, on behalf of an employee

    mediation process if grievance is not settled.


  27. Concerted Action ?
    - tactics taken by union members to gain bargaining advantage.
  28. What does the NLRA ?
    - guarantees the right of employees to engage in concerted action for mutual aid or protection
  29. Strikes ?
    NLRA guarantees employees the right to strike but with some limitations
  30. No Strike Clause?
    - a clause in a CBA that prohibits the union from striking while the CBA is in force
  31. Cooling off period ?
    - designed to give both sides a chance to reassess negotiations and to decide whether some additional compromise would be wiser than enduring a strike
  32. Statutory Prohibition ?
    - ensure that unions do not use the public health and welfare as a weapon to secure an unfair bargaining advantage
  33. Violent Strikes-
    sit down strikes
    - stay at work post to stop replacement workers from working ... prohibit
  34. Replacement Workers
    • Management has the right to hire replacement
    • workers during a strike.

    After an economic strike, an employer may not discriminate against a striker, but the employer is not obligated to lay off a replacement worker to give a striker his job back.

    After a ULP strike, a union member is entitled to her job back, even if that means the employer must lay off a replacement worker.
  35. Picketing
    - the employer’s workplacein support of a strike is generally lawful.
  36. Lockouts
    • -(refusing to let workers in)
    • •A defensive lockout is almost always legal.

    An offensive lockout is legal if the parties have reached a bargaining impasse