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Chapter 22 Labor Law. §1: Federal Labor Law. Norris-LaGuardia Act. Protects peaceful strikes by limiting the injunction powers of federal courts. Case 22.1: Burlington Northern Santa Fe Railway Co. v. International Brotherhood of Teamsters Local 174 (2000). National Labor Relations Act.
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§1: Federal Labor Law • Norris-LaGuardia Act. • Protects peaceful strikes by limiting the injunction powers of federal courts. • Case 22.1:Burlington Northern Santa Fe Railway Co. v. International Brotherhood of Teamsters Local 174 (2000). • National Labor Relations Act. • Establishes the right of workers to strike and engage in collective bargaining.
Labor Union Laws [2] • Labor Management Relations Act. • Prohibits certain unfair union practices such as closed shops. • Labor-Management Reporting and Disclosure Act. • Regulates the internal operations of unions and outlaws hot-cargo agreements.
§ 2: Decision to Form or Select a Union • Preliminary Organizing. • Visit by Union leadership. • Workers sign authorization cards. • Cards can justify an election. • Appropriate Bargaining Unit. • Mutuality of Interest among all represented workers. • Job Similarity. • Management vs. Labor Employees
§ 3: Union Election • Elections. • An election can be held only if it can be shown that at least 30% of the workers will be represented. • Election Campaigns. • The National Labor Relations Board regulates the rights and obligations of employers and workers in the election process. • Each side can pursue their objectives, but cannot interfere, beyond certain limits, in the other’s activities. • Case 22.2:Associated Rubber v. NLRB (2002).
§ 4: Collective Bargaining • Collective bargaining is the process by which management and labor negotiate the terms and conditions of employment. • The NLRB will certify an exclusive bargaining agent for labor. • Both labor and management must bargain in good faith, but the law does not require that they reach an agreement.
Good Faith Bargaining • Terms and Conditions of Employment. • Pay, Safety conditions, Insurance, Pensions. • Closing or Relocating a Plaint. • Severance Pay. • Management must bargain over the economic consequences of moving a plant. • Case 22.3:Stroehmann Bakeries v. NLRB (1996).
§5: Strikes • There are two basic forms of strikes: • Economic Strikes. • These are strikes over wages. • Workers can be replaced by permanent replacements. • Unfair Labor Practice Strikes. • These are strikes alleging that the employer has committed an unfair labor practice.
Illegal Strikes • Secondary Boycotts. • Common Situs Picketing. • Hot-Cargo Agreements. • Employers agree not to use non-union goods of other employers. • Wildcat Strikes. • Strikes that Threaten National Health.
§6: Lockouts • Occurs when the employer shuts down to prevent employees from working. • When an employer believes a strike is imminent. • Lockouts may be a legal employer response.
§7: Unfair Labor Practices • Employer’s Refusal to Recognize Union and Negotiate. • Presumption of Employee Support. • Questions of Majority Support. • Case 22.4:Canteen Corp. v. NLRB (1997). • Employer’s Interference in Union Activities.
Unfair Labor Practices [2] • Employer’s Domination of Union. • Employer’s Discrimination Against Union Employees. • Union’s Unfair Labor Practices. • Coercion. • Discrimination. • Case 22.5:Marquez v. Screen Actors Guild (1998).
§8: Rights of Nonunion Employees • Concerted Activity. • Safety. • Employee Communities. • Case 22.6:In Re Simmons Industries (1996).
Law on the Web • NLRB • AFL-CIO.com • Legal Research Exercises on the Web.
