Business Law Chapter 32 Labor Law and Collective Bargaining – Flashcards
53 test answers
Unlock all answers in this set
Unlock answers 53question
American Federation of Labor (AFL)
answer
labor union, formed 1886, leader: Samuel Gompers, skilled craft workers like silversmiths and artisans belonged
Unlock the answer
question
Congress of Industrial Organizations (CIO)
answer
labor union, formed 1935, leader: John Lewis, permitted semiskilled and unskilled workers to become members
Unlock the answer
question
AFL-CIO
answer
1955 combination of American Federation Labor (AFL) and Congress Industrial Organizations (CIO)
Unlock the answer
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
Unlock the answer
question
Norris-LaGuardia Act
answer
1932 federal statute stipulates that it is legal for employees to regulate
Unlock the answer
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
Unlock the answer
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
Unlock the answer
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
Unlock the answer
question
Railway Labor Act
answer
1926 federal statute covers employees of railroad and airline carriers
Unlock the answer
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.
Unlock the answer
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
Unlock the answer
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.
Unlock the answer
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
Unlock the answer
question
consent election
answer
if management doesn't contest election, consent election is held without NLRB supervision
Unlock the answer
question
Decertification election
answer
supervised by NLRB, held if employees no longer want to be represented by a union
Unlock the answer
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.
Unlock the answer
question
Who would the inaccessibility exception apply to?
answer
logging camps, mining towns, company towns
Unlock the answer
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
Unlock the answer
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.
Unlock the answer
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
Unlock the answer
question
**collective bargaining
answer
the act of negotiating contract terms between an employer and the members of a union
Unlock the answer
question
**collective bargaining agreement
answer
contract entered into by an employer and a union during a collective bargaining procedure
Unlock the answer
question
**compulsory subject of collective bargaining
answer
wages, hours, and other terms and conditions of employment like health benefits, retirement plans
Unlock the answer
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
Unlock the answer
question
illegal subjects of collective bargaining
answer
cannot be subjects of negotiation or agreement such as discrimination and closed shops
Unlock the answer
question
**union shop
answer
workplace in which employee must join union within certain number of days after being hired
Unlock the answer
question
closed shop
answer
employer agrees to hire only employees who are already members of a union, Illegal in the US
Unlock the answer
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
Unlock the answer
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
Unlock the answer
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
Unlock the answer
question
**strike
answer
cessation of work by union members in order to obtain economic benefits or correct an unfair labor practice
Unlock the answer
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
Unlock the answer
question
illegal strikes
answer
violent strikes, sit-down strikes, partial or intermittent strikes, wildcat strikes
Unlock the answer
question
violent strikes
answer
striking employees cuase substantial damage to property of employer or third party
Unlock the answer
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.
Unlock the answer
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
Unlock the answer
question
wildcat strikes
answer
Work stoppages organized by workers and not endorsed by unions.
Unlock the answer
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
Unlock the answer
question
crossover workers
answer
Crossover workers: employees who choose not to strike or return to work after joining the strikers
Unlock the answer
question
replacement workers
answer
Replacement workers: hired on temporary or permanent basis to take the place of the striking employees
Unlock the answer
question
**employer lockout
answer
act of employer to prevent employees from entering the work premises when employer reasonably anticipates a strike
Unlock the answer
question
**picketing
answer
action of strikers walking in front of employer's premises, carrying signs announcing their strike
Unlock the answer
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
Unlock the answer
question
**secondary boycott picketing
answer
union tries to bring pressure against an employer by picketing employer's suppliers or customers
Unlock the answer
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
Unlock the answer
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
Unlock the answer
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
Unlock the answer
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
Unlock the answer
question
mass layoffs
answer
reduction of 33% of employees or 50 employees during 30-day period
Unlock the answer
