Business law Final- Ch 21 – Flashcards

the process used by an employer and a union representing employees to discusss an resolve differences so that the parties can agree to a binding contract. negotiations may included wages, hours to be worked etc.

These laws were a series of pro labor laws. the clayton act exempted union activities from the antitrust laws. the railway labor act supports unionization in the transportation industries (originally only in the railroad industry) and created national mediation board (three member group that bargains for transportation employees) Norris-LaGuardia Act restricted the use of the injunction to hinder union activity as well as outlawing yellow dog contracts (agreements to not join a union)

these laws did not explicitly recognize a workers right to join a union. Also, the economic conditions before 1935 did not favor strong employee-focused activities. Many people were happy to have any job.

the federal law passed in 1935 that recognizes employees rights to organize and select members of their own to do bargaining for them. -it created the National Labor Relations Board -outlawed certain conduct by employers that prevented organization of employees -authorized the NLRB to conduct hearings on unfair labor practices

the jurisdiction of the NLRB is broadly stated as applying to any business affecting commerce. it has five members appointed by president with advice from senate who serve staggered terms of five years exemptions which reduce the scope of the NLRB are: governmental employees persons covered by railway labor act independent contractors agricultural laborers household and domestic workers employees who work for their spouse or parents

yes. confusion over the meaning and purpose of a "recognition slip" may cause an employee to think he or he has agreed to vote for the union as a bargaining agent. Since the vote was so close, even one employee changing a vote for the union to a vote against the union changes the outcome of the certification election.

-interfering with union activities employers using scare tactics to prohibit union formation -dominating a labor organization unions must be independent of employer, employer cannot provide refreshments at a union meeting -discriminating based on union affiliation must not fire or discharge or favor based on a union affiliation -discriminating as a result of NLRB proceedings cannot discriminate against a person who testified in a NLRB proceeding -refusing to bargain in good faith refusing to meet at reasonable times or reducing a agreements to writing or designating persons with no authority to negotiate as representatives at meetings

Labor management relations act known as the Taft Hartley Act in 1947

provides an 80 day cooling off period in strikes that imperil the nations health or safety. reinforces the employers freedom of speech. outlaws closed shop concept but permits union shops in the abscence of a state right to know law. permits suits by union members for breach of contract against unions. creates six unfair labor practices by unions.

the president can invoke the provision of the taft hartley act only when the national health or safety is at stake

the president appoints a board of inquiry. this board investigates the labor work stoppage and reports to the president. If the nations health or safety is adversely impacted, through the attorney general, the president seeks a court order suspending the work stoppage for 80 days. During this period, labor and management are encouraged to resolve their differences.

the directors speech should contain no statements that could be construed as a promise of benefits if the union is rejected or a threat of reprisal or force if voted in. Words must be carefully chosen or an unfair labor practice will be committed.

contractual agreement between an employer and a union that all applicants for a job must join a union, this practice was outlawed by the taft hartley act

this is still allowed by taft hartley, it says that once a person is hired he must join a union as a condition of continued employment, it is prohibited until the 30th day of employment.

states that have adopted this right to work laws prohibit agreements requiring membership in a labor organization as a condition of continued employment of a person who was not in a union when hired.

no. it is a violation of the taft hartley act to require non union members to pay dues under the right to work laws.

yes. ed has rights against the union for its breach of its duty of fair representation, which the courts have implied from the union's legal status as the exclusive representative of all employees in the bargaining unit. a breach of this duty occurs when a unions conduct is arbitrary, discriminatory, or in bad faith. Here the union arbitrarily ignored Ed's meritorious grievance and carelessly failed to process at all.

coercing an employee to join a union or an employer in selecting reps to bargain with the union. causing an employeer to discriminate against a worker not in a union. refusing to bargain w an employer if it is the NLRB designated rep of the employees. striking, picketing or engaging in secondary boycotts for illegal purposes. charging new members outrageous fees. causing an employer to pay for work not performed (featherbedding)

unfair labor practice, used to force an employer to assign work to employees in one craft union rather than another.

it was passed because of violent and corrupt hearings in some labor unions. it was passed to assure union members basic rights, regulate the internal operations of unions through reporting requirements and it amended union unfair labor practices. added one unfair labor practice my management and two by unions.

hot cargo act -the law forbids an employer and a labor organization to make an agreement under which the employer agrees to stop doing business with any other employer. (common in trucking, employees would not have to handle products coming from another employer)

employers and unions cant conspire to engage in secondary boycotts and it prohibits picketing under certain circumstances