Chapter 21 Labor Law and Immigration Law Labor

Chapter 21 Labor Law and Immigration Law

Labor Law American Federation of Labor Formed in 1886 Only skilled craft workers such as silversmiths and artisans were allowed to belong Congress of Industrial Organizations Formed in 1935 Permitted semiskilled and unskilled workers to become members Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 21 -2

Labor Law Major federal statutes that regulate the labormanagement relationship: Norris-La. Guardia Act Wagner Act: Enacted in 1935 - establishes the right of employees to form and join labor organizations Labor-Management Relations Act Labor-Management Reporting and Disclosure Act Railway Labor Act Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 21 -3

Labor Law National Labor Relations Board: A federal administrative agency that oversees union elections, prevents employers and unions from engaging in illegal and unfair labor practices, and enforces and interprets certain federal labor laws Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 21 -4

Organizing a Union Section 7 of the NLRA: A federal law that 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 Appropriate bargaining unit: A group of employees that a union is seeking to represent Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 21 -5

Organizing a Union Types of union elections Contested election: An election for a union that an employer’s management contests ▪ The NLRB must supervise this type of election Consent election Decertification election Union solicitation on company property: Inaccessibility exception: 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 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 21 -6

Organizing a Union Illegal interference with an election: Section 8(a) of the NLRA: 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 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 21 -7

Collective Bargaining The act of negotiating contract terms between an employer and the members of a union Collective bargaining agreement: The resulting contract from a collective bargaining procedure Subjects of collective bargaining: Compulsory: ▪ Wages ▪ Hours ▪ Terms and conditions of employment Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 21 -8

Collective Bargaining Permissive subjects: Subjects that are not compulsory or illegal Illegal subjects Copyright

Collective Bargaining Union security agreements: To obtain the greatest power possible, elected unions sometimes try to install a union security agreement Closed shop Union shop: A workplace in which an employee must join the union within a certain number of days after being hired Agency shop: A workplace in which an employee does not have to join the union but must pay an agency fee to the union Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 21 -10

Strikes A cessation of work by union members in order to obtain economic benefits or correct an unfair labor practice Cooling-off period: A mandatory sixty days’ notice before a strike can commence Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 21 -11

Strikes Illegal strikes: Violent strikes Sit-down strikes Partial or intermittent strikes Wildcat strikes No-strike clause: A clause in a collective bargaining agreement whereby a union agrees it will not strike during an agreed-upon period of time Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 21 -12

Strikes Crossover and replacement workers Employer lockout: An act of an employer to prevent employees from entering the work premises when the employer reasonably anticipates a strike Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 21 -13

Picketing The action of strikers walking in front of an employer’s premises, carrying signs announcing their strike Picketing is lawful unless: Is accompanied by violence Obstructs customers from entering the employer’s place of business Prevents nonstriking employees from entering the employer’s premises Prevents pickups and deliveries at the employer’s place of business Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 21 -14

Picketing Secondary boycott picketing: A type of picketing in which a union tries to bring pressure against an employer by picketing the employer’s suppliers or customers Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 21 -15

Internal Union Affairs A union may adopt internal union rules to regulate the operation of the union, acquire and maintain union membership, and the like Title I of the Landrum-Griffin Act: Labor’s “bill of rights, ” which gives each union member equal rights and privileges to nominate candidates for union office, vote in elections, and participate in membership meetings Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 21 -16

Plant Closing Act Worker Adjustment and Retraining Notification (WARN) Act (Plant Closing Act): A federal act that requires employers with one hundred or more employees to give their employees sixty days’ notice before engaging in certain plant closings or layoffs Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 21 -17

Immigration Law U. S. Citizenship and Immigration Services (USCIS): A federal agency empowered to enforce U. S. immigration laws H-1 B visa: A visa that allows U. S. employers to employ in the United States foreign nationals who are skilled in specialty occupations EB-1 visa: A visa that allows U. S. employers to employ in the United States foreign nationals who possess exceptional qualifications for certain types of employment Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 21 -18

Immigration Law Undocumented workers Immigration Reform and Control Act (IRCA) of 1986 Form I-9 “Employment Eligibility Verification Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 21 -19