question

What is amount of wage and salary workers belonging to American union?

answer

12% of wage and salary workers in US belong to labor unions

question

Fastest growing union sector

answer

service employees like janitors, restaurant workers, hotel workers

question

percent of private sector employees belonging to union

answer

8%, largest amounts in transportation, construction, utilities

question

percent of public sector employees belonging to union

answer

37% including teachers, police officers, firefighters

question

American Federation of Labor (AFL)

answer

labor union, formed 1886, leader: Samuel Gompers, skilled craft workers like silversmiths and artisans belonged

question

Congress of Industrial Organizations (CIO)

answer

labor union, formed 1935, leader: John Lewis, permitted semiskilled and unskilled workers to become members

question

AFL-CIO

answer

1955 combination of American Federation Labor (AFL) and Congress Industrial Organizations (CIO)

question

labor union

answer

after Industrial Revolution, unions helped employees by collective bargaining gain better working conditions, higher wages, greater benefits, have right to strike and picket

question

Norris-LaGuardia Act

answer

1932 federal statute stipulates that it is legal for employees to regulate

question

**National Labor Relations Act (NLRA)

answer

known as Wagner Act, 1935 federal statute gave employees right to form and join labor organizations, bargain collectively, engage in activity to promote rights

question

Labor Management Relations Act

answer

1947 federal statute known as Taft-Hartley Act: (1)expands activities labor unions can engage in (2)gives employers right to engage in free speech efforts against unions before union election (3) gives US President right to seek an injunction for up to 80 days against strike that would create a national emergency

question

Labor Management Reporting and Disclosure Act

answer

1959 federal statute known as Landrum-Griffin Act regulates internal union affairs and established the rights of union members

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Railway Labor Act

answer

1926 federal statute covers employees of railroad and airline carriers

question

**National Labor Relations Board (NLRB)

answer

federal administrative agency that oversees union elections, prevents employers and unions from engaging in illegal and unfair labor ractices, and enforces and interprets certain federal labor laws.

question

**Section 7 of the NLRA

answer

federal law gives employees the right to form, join, and assist labor unions, to bargain collectively with employers, and to engage in concerted activity to promote these rights

question

**appropriate bargaining unit

answer

bargaining unit: the group of employees that a union is seeking to represent, must be defined before union positions for election.

question

**contested election

answer

election for union that employer's management contests. NLRB must supervise this type of election, majority vote over 50% wins election

question

consent election

answer

if management doesn't contest election, consent election is held without NLRB supervision

question

Decertification election

answer

supervised by NLRB, held if employees no longer want to be represented by a union

question

**inaccessibility exception

answer

A rule that permits employees and union officials to engage in union solicitation on company property if the employees are beyond reach of reasonable union efforts to communicate with them.

question

Who would the inaccessibility exception apply to?

answer

logging camps, mining towns, company towns

question

Lechmere, Inc. v. National Labor Relations Board page 532 case

answer

U.S. Supreme Court held that Lechmere could prohibit nonemployee union organziers from distributing leaflets to employees in store parking lot

question

Section 8(a) of the NLRA

answer

A law that makes it an unfair labor practice for an employer to interfere with, coerce, or restrain employees from exercising their statutory right to form and join unions.

question

Section 8(b) of the NLRA

answer

prohibits unions from engaging in unfair labor practives that interfere with a union election. coercion, physical threats are unfair labor practices

question

**collective bargaining

answer

the act of negotiating contract terms between an employer and the members of a union

question

**collective bargaining agreement

answer

contract entered into by an employer and a union during a collective bargaining procedure

question

**compulsory subject of collective bargaining

answer

wages, hours, and other terms and conditions of employment like health benefits, retirement plans

question

permissive subjects

answer

subjects that are not compulsory or illegal are permissive subjects of collective bargaining, may be bargained for if company and union agree. Ex: location of plant, size of supervisory force

question

illegal subjects of collective bargaining

answer

cannot be subjects of negotiation or agreement such as discrimination and closed shops

question

**union shop

answer

workplace in which employee must join union within certain number of days after being hired

question

closed shop

answer

employer agrees to hire only employees who are already members of a union, Illegal in the US

question

**agency shop

answer

workplace in which employee does not have to join union but must pay agency fee to the union; this keeps people from being free riders, lawful in US

question

dues checkoff

answer

union and agency shop employers are required to deduct union dues and agency fees from employees' wages and forward them to union

question

right-to-work laws

answer

a state law forbidding requirements that workers must join a union to hold their jobs; they were specifically permitted by the Taft-Hartley Act of 1947

question

**strike

answer

cessation of work by union members in order to obtain economic benefits or correct an unfair labor practice

question

**cooling-off period

answer

mandatory sixty days' notice before a strike can commence, designed to employer and union time to negotiate and avoid strike

question

illegal strikes

answer

violent strikes, sit-down strikes, partial or intermittent strikes, wildcat strikes

question

violent strikes

answer

striking employees cuase substantial damage to property of employer or third party

question

sit-down strikes

answer

workers, usually employed at a factory or other centralized location, take possession of the workplace by "sitting down" at their stations, prevents employers from replacing them with strikebreakers or, in some cases, moving production to other locations.

question

partial or intermittent strikes

answer

employees strike part of day or workweek and work other part, illegal because it interferes with employer's right to operate facilities at full operation

question

wildcat strikes

answer

Work stoppages organized by workers and not endorsed by unions.

question

**no-strike clause

answer

clause in collective bargaining agreement whereby a union agrees it will not strike during an agreed upon period of time

question

crossover workers

answer

Crossover workers: employees who choose not to strike or return to work after joining the strikers

question

replacement workers

answer

Replacement workers: hired on temporary or permanent basis to take the place of the striking employees

question

**employer lockout

answer

act of employer to prevent employees from entering the work premises when employer reasonably anticipates a strike

question

**picketing

answer

action of strikers walking in front of employer's premises, carrying signs announcing their strike

question

Examples of unlawful picketing

answer

Unlawful picketing examples (1) violent (2)obstructing customers from entering employer's business (3) prevents non striking employees from entering (4) prevents pickups and deliveries

question

**secondary boycott picketing

answer

union tries to bring pressure against an employer by picketing employer's suppliers or customers

question

example of lawful secondary boycott picketing

answer

union members picket retail stores that sell the manufacturer's toy products and ask customers not to buy the toys manufactured by their employer

question

example of unlawful secondary boycott picketing

answer

union members picket retail stores that sell the manufacturer's toy products and ask customers not to shop at the toy store

question

**Worker Adjustment and Retraiing Notification (WARN) Act (Plant Closing Act)

answer

federal act that requires employers with 100 or more employees to give their emplyees 60 days notice before plant closings or layoffs

question

plant closing

answer

permanent or temporary shutdown of single site that results in loss of employment for 50 or more employees during 30-day period

question

mass layoffs

answer

reduction of 33% of employees or 50 employees during 30-day period

Business Law Chapter 32 Labor Law and Collective Bargaining – Flashcards

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