Acts & Labor Relations – Flashcards

In 1935 established the legal right for labor union to exist.

is a court order that directs a person or group to reframe from pursuing a course of actions.

A yellow-do contract was a written statement that workers were required to sing as part of their application for employment to confirm that they were not presently members of a union, that they accepted the company as a nonunion employer, and that they promised not to join a union nor to encourage others to join a union.

Union leader thought is Act would help protect them from large corporations however it not and they were disappointed. It was passed the 1800 the concept of free enterprise was threatened by large corporate trusts and combinations that attempted to monopolize the production and sale of selected products especially oil, sugar, tobacco, whiskey, and shoemaking machinery.

passed n 1914, the unions believed they had finally succeeded in winning their freedom. "this law could not be used to forbid the existence of labor unions" However, this proved useless, the Unions already had the right to exists. What they need was the right to use economic sanctions, especially strikes, against employers who refused to recognize then and bargain collectively.

The most violent labor dispute and the greatest civil uprising in U.S. history. 1920 United Mine Workers of America (UMWA)10 men died

the Norris_LaGuardia Act limited the power of the court to intervene in labor disputes. It established an area of industrial freedom in which court actions are constrained. The primary focus of the act was to limit the use of court injunctions.

The courts are not allowed to decide the legality of a strike. The courts are not allowed to restrict labor unions from giving aid, relief fund ect to union members. The courts are not allowed to restrain picketing activities when they are violence and fraud free. Unions are allowed to encourage non-striking member to join the conflict when the conflict is violence and fraud free. The courts are not allowed to restrict unions from assembling peacefully to conduct meetings. The courts are not allowed to enforce yellow-dog contract.

the legal foundation for unions - also known as "Section 7" Sec. 7 employees shall have the right to self-organization, to form, join. or assist labor organizations, to barging collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protections.

Section 8 of the Wagner Act: It is an unfair labor practice for employers to "interfere with, restrain, or coerce employees in the exercise of their rights under Sections 7. It is an unfair labor practice for an employer to dominate or interfere with the formation or administration of a labor union. It is unfair for imployers to allow union membership or activity to influence hiring, firing, promotion, or other employment decisions. it is an unfair labor practice to discharge or discriminate against an employee who has filed a charge with the National Labor Relations Board (NLRB)> It is an unfair labor practice for an employer to refuse to bargain in good faith with the representatives of the employees.

The Wagner Act established the NLRB and gave it the authority to administer the act in a peaceful an democratic manner.

established collective bargaining as the basic for national labor policy and imposed greater restrictions on the unions. (because union has to much power)

The Taft-Hartley Act amendments concern four basic issues: unfair labor practices by unions the right of employees as individual the rights of employers national emergency strikes

Unions are not allowed to restrain or coerce employees in the exercise of their collective bargaining right. Unions are not allowed to force an employer to discriminate in any way against an employee in order to encourage or discourage union membership. Unions are required to bargain in good faith with employer required to bargain in good faith with employers regarding wages, hours, and conditions of employer. - sincere effort to reach agreement must be made. Unions are not allowed to conduct certain types of strikes or boycotts - secondary boycotts is illegal and to force an employer to assign particular work to a particular craft is illegal Unions are not allowed to charge excessive initiations fees or membership dues when all employees are required to join a union shop. Unions are not allowed to force employers to pay for work or services that are not needed or not preformed - featherbedding

This Act, commonly called the Landrum-Griffin Act, primarily regulates the internal conduct of labor unions. Focuses controlling alleged wrong doings - a bill of rights for union members reports to the Secretary of Labor union trusteeships conduct of union elections financial safeguards

The law grants rights and privileges to every union member with regard to the nominating of candidates, voting in elections, attending meeting, and voting at meetings. Each labor organization is required to submit a copy of its constitution and bylaws plus annual financial reports. When International unions takes control of a local union, it is required to provide a actions justification for its actions - in writing with a focus on the financial transactions. National unions are required to hold elections at least once every five years; local unions, at least once every three years; and intermediate bodies, every four years Union officers are required to manage an invest union funds in strict accordance with the constitution and bylaws of the union. Can not loan more than 2K to their members.

Labor Management Reporting and Disclosure) ( Landrum-Griffin) Act 1959 provide union members with some of the same basic rights within their union that American citizens enjoy under the Bill of Right of the United States Constitution.

Union officers report all of the money, benefits, special loans, or other things of value they receive on Form LM - 30

takeover of a local union by its international union is called a trusteeship or supervisorship

labor Unions have three major levels of formal organizational structure: The local union The national or international union the federations of unions

Local union generally represent a group of employees working in one area for a particular employer.

National and international unions are collections of local unions, usually in the same industry. (each union has its own constitution)

National Labor Relations Board (NLRB) was established by Congress through the Wanger Act. The purpose of the NLRB is to protect the rights of employees, employers, unions, and the general public. NLRB preforms to major functions: conducting representation elections and resolving unfair labor practices.

first, 30 percent of the workers in a company to sign authorization cards calling for a union to represent them. NLRB investigates four issues: 1.whether the company fall within the jurisdiction of the NLRB 2.who should represent which workers 3.whether there is enough worker interest (at 30 percent) 4.whether there are any elections bares filled within the last year (a company must exceed a certain dollar volume of business or the NLRB will not respond to the petition and the issue will be let to state law if they exists.)

Retails firms, service establishments, and restaurants, must have gross volume of 500,000; while some health care institutions are covered with a gross revenue of only 100,00; some nonretail firms with only 50,000.

NLRB rules regarding the formations of bargaining units: Professional employees may not, without their consent, be included in a unit that includes nonprofessional employees. Craft workers may not be denied their own unit merely because they were formerly included in a difference unit. Guards cannot be included in a unit containing other occupations.

Employees who are excluded from coverage of the Wagner Act include: manager who create or implement policy independent contractors Employees who work for employers who are not covered by the act confidential employees who assist management in negotiations agricultural laborers, domestic servants, individuals employed by parents or spouses, and student supervisors who exercise independent authority and judgment

Under Taft-Hartley - allows union shops;however, states legislation has been passed by 24 states, individuals employees in these states may refuses union membership even if the majority chooses to have a union represent them.

must be filed within 6 months of the alleged ULP. The charging party also has a responsibility to inform the other party about the charge. Regional offices try to dispose of the case informally through withdrawal, settlement, or dismissal.

Three of the most common Remedies including ordering the party guilty of the ULP to bargain in good faith, reinstate employees who have been terminated, and issuing cease and desist orders.

can be either economic strikes, unfair labor practices, or both. An economic strike is caused by disagreement over the terms and conditions of employment, such as wages, benefits, or works schedules. ULP strike, is cause by a condition of employment that violates one of the labor laws or an NLRB ruling.

refers to successive strikes against members of a multi-employer bargaining unit, usually starting with the most profitable employer in an effort to use the gains obtained from one employer as leverage against the others.

Picketing that prevents employees from working during a strike is illegal. Mass picketing is illegal if it block the path of people trying to enter or leave the company

strike occurs when a group of workers walk off the job in violation of a valid labor agreement and usually against the direct orders of the labor union.

requires an employer to cease doing business with a nonunion company. These agreements are illegal.

are illegal. A jurisdictional strike results from a dispute between two or more unions over which union should be allowed to perform a particular job.

also called recognitional strike, is strictly illegal, which is called by a group of protest the results of a certification elections and to force the employer to recognize it rather than the union that won certifications.

Taft-Hartley Act, the president of the United States can apply for an injunction to restrain a strike when the strike imperils the national health and safety. the injunction can restrain the strike for 60 days; if no settlement is reached, it can be extended another 20 days, (After this 80 day "cooling off period" the employees may strike.