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Section 7 Rights

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Right to self-organize, bargain collectively, engage in other concerted activities for the purpose of mutual aid and protection, and the right to refrain from the prior rights

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Section 8(a)

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governs employer treatment of employees

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Section 8(a)(1)

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ULP for ER to interfere with, restrain, or coerce EEs in the exercise of their section 7 rights

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Republic Aviation Corp. v. NLRB

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ER rules against solicitation on EE's own time is a ULP as long as the activities are non-disruptive to ER's productivity. There have to be reasonable opportunities for EEs to talk about unionization

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NLRB v. Babcock & Wilcox Co.

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ER may post his property against non-EE distribution of union literature if: (1) reasonable efforts by the union through other available channels of communication will enable it to reach the EEs with its message and (2) the rule is applied equally (i.e., nondiscriminatory/content-neutral)

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Section 8(c)

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ER free speech

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NLRB v. Golub Corp.

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ERs may speak \"persuasively\" to its EEs so long as ER's statements don't include any threats of reprisal or force or promise of benefit; such persuasive statements enjoy 1st Amendment protection as well as §8(c) protection

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General Shoe Corp.

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\"vigorously disparaging remarks\" made by an ER about a union immediately prior to an election may invalidate an NLRB election as it's the Board's job to ensure that said election occurs in a laboratory condition

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NLRB v. Gissel Packing Co.

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ERs are free to communicate to EEs any of their general views about unionism so long as the communications don't contain any threats of reprisal or force or promise of benefit; any ER predictions to EEs on the effects of unionization must be carefully phrased and based on objective facts

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Midland Natl. Life Ins. Co.

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ER misrepresented union. Board should only intervene if a party has forged documents so that EEs are unable to recognize the source of the propaganda (i.e., \"I'm Barack Obama and I approve this message\"). --> it MUST be clear that the propaganda is from the ER

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NLRB v. Exchange Parts Co.

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Limitations on ER to grant economic benefits shortly before election if ER's purpose is to influence outcome. 8(a)(1) prohibits conduct immediately favorable to EEs when undertaken to impinge on freedom of choice. \"Fist inside velvet glove.\"

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Section 8(a)(5)

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ULP for ER to refuse to bargain collectively with the representatives of his EEs; requires bargaining in good faith (includes reasonable time and reasonable place), but no requirement to agree.

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Impasse

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Bargain in good faith, but deadlocked on one or more issues with no reasonable prospect of breaking said deadlock

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NLRB v. Katz

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Unilateral action (e.g., granting wage increases greater than any offered during bargaining) by an ER without prior discussion with the union amounts to a refusal to bargain and constitutes a ULP

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Mandatory Subjects of Bargaining

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If either side raises them then they have to be discussed. As defined by 8(d)- wages, hours, and other terms and conditions of employment

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Permissive Subjects of Bargaining

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if not mandatory subject, doesn't have to be discussed when brought up, can't insist on to impasse

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NLRB v. Wooster Div. of Borg-Warner Corp.

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no party may \"insist to impasse\" on a permissive subject during collective bargaining

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Fibreboard Paper Products Corp. v. NLRB

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a decision to outsource work to a subcontractor falls under \"other terms and conditions of employment\" thus making it a mandatory subject of bargaining

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First Natl. Maintenance Corp. v. NLRB

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ER contracted EEs for each location and didn't transfer EEs between locations. In March 1977 customer gave 30 day notification of termination. Didn't stop working until the end of July. Customer said because EEs were inefficient. ER has the right to terminate department with the customer, just like it would if the department, just like it would if department was in-house. Decision has direct impact on labor- but at its heart is profitability of K with customer. Decision to terminate is not part of mandatory bargaining subjects.

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Section 8(a)(3)

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ULP to discriminate because of union activity- but for causation; EEs have burden to prove that ER did discriminate, ER can rebut with legitimate business purpose

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Edward G. Budd Mfg. Co. v. NLRB

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close temporal proximity of an EE's termination upon joining a union gives rise to an inference that joining the union resulted in EE's discharge

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Textile Worker Union v. Darlington Mfg. Co.

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ER has a right to close his business completely, regardless of motive (even anti-union sentiment); however, a partial business closing constitutes a ULP if motivated by a purpose to chill unionism in any of the remaining plants of the ER and if the ER could have reasonably foreseen that such a closing was likely to have that effect

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Economic Strike

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Union strikes because of ERs offers or lack of offers when bargaining reaches an impasse.

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ULP Strike

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If ER violates a section of the NLRA, \"a contributing factor\" of the strike, can cover economic, commission of violation can convert from economic; ER has to reinstate

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NLRB v. Mackay Radio & Telegraph Co.

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ER may hire permanent replacement workers to replace EEs out on an economic strike; ER may not discriminate against returning EEs (on the basis of union membership) by refusing to reinstate EEs that have ties to the union

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NLRB v. Erie Resistor Corp.

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ER policy of \"superseniority\" discriminates against strikers in favor of non-strikes which undoubtedly hurts unions and thus constitutes a ULP

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American Ship Building Co. v. NLRB

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ER may use a lockout as an economic weapon if, and only if, collective bargaining comes to an impasse

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NLRB v. Great Dane Trailers

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an ER will be liable for a ULP without any proof of antiunion animus if it can reasonably be concluded that the ER's discriminatory conduct was \"inherently destructive\" of important EE rights; if discriminatory conduct is only slight, antiunion animus will be needed to sustain the ULP charge IF the ER provides evidence of legit and substantial business justifications for the conduct

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NLRB v. Insurance Agents Int'lUnion

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EEs decided to use an economic weapon and engaged in slow down tactics. NLRB can't regulate the union's use of its economic weapons

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J.I. Case Co. v. NLRB

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a CBA supersedes any individual, CL contract between EE and ER

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Republic Steel Corp. v. Maddox

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if a CBA provides grievance procedures for EEs, federal labor policy requires that EEs wishing to assert grievances MUST attempt use of the collectively bargained for grievance procedures

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Steele v. Louisville & Nashville R.R.

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a union has the implied duty to fairly represent all members of the bargaining unit, including minorities and nonunion members, in a manner that is without hostile discrimination, impartial, and in good faith

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ways a union can come into power

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1) ER can voluntarily recognize the union 2) union wins the election 3) Bargaining (Gissel) Order - where the ER cheats so badly that it's completely unfair (thus destroying laboratory conditions) and the NLRB forces the ER to recognize the union

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TIPS

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actions ERs are prohibited from doing to EEs T:hreaten I:nterrogate P:romise S:py

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NLRB v. City Disposal Systems, Inc.

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an individual EE's assertion of a right grounded in a CBA constitutes \"concerted activity\" and is therefore protected under §7 --> \"Interboro doctrine\"

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NLRB v. Local 1229, IBEW (Jefferson Standard Broad Co.)

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EE concerted activity that is \"criminal, insubordinate, disobedient, or disloyal\" is not protected by §7

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Linden Lumber Div., Summer & Co. v. NLRB

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the union has the burden of filing an election petition with the NLRB once it attains sufficient interest using the authorization cards; until the union wins a Board-conducted election, the ER isn't obligated to recognize a union, regardless of how many authorization cards they have

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Burlington Northern R.R. Co. v. BMWE

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Norris-LaGuardia Act prohibits courts from granting injunctions against either primary or secondary union activities (i.e., picketing and/or striking)

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Thornhill v. Alabama

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1st Amendment protects the activity peaceful picketing

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Lechmere, Inc. v. NLRB

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non-EEs aren't protected by §7 and can't trespass on an ER's property for solicitation purposes unless the location of the EEs are \"beyond the reach of reasonable union efforts to to communicate with them\"

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NLRB v. Business Machine, Local 459 (Royal Typewriter)

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if an ER chooses to subcontract out work in the face of a strike, the striking union is entitled to picket the subcontractors (i.e., secondary picketing via the Ally Doctrine)

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NLRB v. Denver Bldg. & Constr. Trades Council

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secondary picketing permitted as long as the striking union is picketing the secondary ER to put economic pressure on the primary ER; union can't picket and strike to simply force out the secondary ER

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Textile Workers Union v. Lincoln Mills of Alabama

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LMRA §301 authorizes the creation of substantive federal CL to govern breaches of CBAs (which are in the \"penumbra\" of labor law)

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Steelworkers Trilogy

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1) even frivolous cases are entitled to arbitration if a valid arbitration clause in the CBA controls 2) an order to arbitration should only be denied when it can be said with \"positive assurance\" that the arbitration clause doesn't apply --> ambiguity in the CBA is resolved in favor of arb 3) arbitration awards are presumed valid absent infidelity to obligation

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United Paperworkers Int'l Union v. Misco, Inc.

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an arbitrator's award/decision may only be vacated if it is injurious to an explicit public interest capable of being ascertained from legal laws

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Boys Market, Inc. v. Retail Clerks Union, Local 770

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courts may grant an injunction to a union strike (contravening Norris-LaGuardia) only when: 1) the strike clearly is in violation of a no-strike clause in the valid CBA 2) the strike is in response to an expressly arbitrable issue 3) the employer agrees to arbitrate the dispute

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LMRA §301

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provides in part that suits for violations of CBAs between ERs and unions may be brought in federal court, without regard to amount in controversy or diversity of citizenshp

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Allis-Chalmers Corp. v. Lueck

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if a state tort claim is substantially dependent on analysis of a governing CBA, it must be brought under §301

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Lingle v. Norge DIv. of Magic Chef, Inc.

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state claims that don't require an interpretation of a CBA needn't be brought under §301

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Vaca v. Sipes

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an EE may bring a hybrid §301 claim against his ER and the union should the ER violate the CBA and the union breach its duty to fairly represent the EE

ULP for ER Interference with Section 7

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