Business Law

a) employees were considered expendable, and even the act of joining together was considered criminal.

b) prohibits federal court injunctions in nonviolent labor disputes./ •Permits workers to form unions and use collective bargaining power.

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

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.

• 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

• 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.

- Requires finacial disclosures by union leadership. guarantees union members free speech and fair elections

• 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.

All states have labor statutes. Some are comprehensive, some have a narrow focus.

- states have no jurisdiction to regulate any labor issue that is governed by federal law.

a regional union that represents workers of a particular company.

-Under §9 of the NLRA, a validly recognized union is the exclusive representative of the employees.

- precisely defined group of employees who will be represented by a particular union.

• •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.

-They may talk among themselves about forming a union, to hand out literature, and ultimately to join a union.

• - 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.

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

• 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.

• - 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

A agreement between a union and management.

wages, hours, and other terms and conditions of employment

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.

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

• -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.

complaint by the union, on behalf of an employee

complaint by the union, on behalf of an employee

mediation process if grievance is not settled.

No

Yes

- tactics taken by union members to gain bargaining advantage.

- guarantees the right of employees to engage in concerted action for mutual aid or protection

NLRA guarantees employees the right to strike but with some limitations

- a clause in a CBA that prohibits the union from striking while the CBA is in force

- designed to give both sides a chance to reassess negotiations and to decide whether some additional compromise would be wiser than enduring a strike

- ensure that unions do not use the public health and welfare as a weapon to secure an unfair bargaining advantage

- stay at work post to stop replacement workers from working ... prohibit

• 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.

- the employer’s workplacein support of a strike is generally lawful.

• -(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