Chapter 22 Labor Law 2004 West Legal Studies
Chapter 22 Labor Law © 2004 West Legal Studies in Business A Division of Thomson Learning 1
§ 1: Federal Labor Law üNorris-La. Guardia Act. § Protects peaceful strikes by limiting the injunction powers of federal courts. ü Case 22. 1: Burlington Northern Santa Fe Railway Co. v. International Brotherhood of Teamsters Local 174 (2000). üNational Labor Relations Act. § Establishes the right of workers to strike and engage in collective bargaining. © 2004 West Legal Studies in Business A Division of Thomson Learning 2
Labor Union Laws [2] üLabor Management Relations Act. § Prohibits certain unfair union practices such as closed shops. üLabor-Management Reporting and Disclosure Act. § Regulates the internal operations of unions and outlaws hot-cargo agreements. © 2004 West Legal Studies in Business A Division of Thomson Learning 3
§ 2: Decision to Form or Select a Union ü Preliminary Organizing. § Visit by Union leadership. § Workers sign authorization cards. § Cards can justify an election. ü Appropriate Bargaining Unit. § Mutuality of Interest among all represented workers. § Job Similarity. § Management vs. Labor Employees © 2004 West Legal Studies in Business A Division of Thomson Learning 4
§ 3: Union Election ü Elections. § An election can be held only if it can be shown that at least 30% of the workers will be represented. ü 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. ü Case 22. 2: Associated Rubber v. NLRB (2002). © 2004 West Legal Studies in Business A Division of Thomson Learning 5
§ 4: Collective Bargaining ü 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. © 2004 West Legal Studies in Business A Division of Thomson Learning 6
Good Faith Bargaining ü Terms and Conditions of Employment. § Pay, Safety conditions, Insurance, Pensions. ü Closing or Relocating a Plaint. § Severance Pay. § Management must bargain over the economic consequences of moving a plant. ü Case 22. 3: Stroehmann Bakeries v. NLRB (1996). © 2004 West Legal Studies in Business A Division of Thomson Learning 7
§ 5: Strikes üThere 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. © 2004 West Legal Studies in Business A Division of Thomson Learning 8
Illegal Strikes ü Secondary Boycotts. ü Common Situs Picketing. ü Hot-Cargo Agreements. § Employers agree not to use non-union goods of other employers. ü Wildcat Strikes. ü Strikes that Threaten National Health. © 2004 West Legal Studies in Business A Division of Thomson Learning 9
§ 6: Lockouts ü Occurs when the employer shuts down to prevent employees from working. ü When an employer believes a strike is imminent. ü Lockouts may be a legal employer response. © 2004 West Legal Studies in Business A Division of Thomson Learning 10
§ 7: Unfair Labor Practices üEmployer’s Refusal to Recognize Union and Negotiate. § Presumption of Employee Support. § Questions of Majority Support. § Case 22. 4: Canteen Corp. v. NLRB (1997). üEmployer’s Interference in Union Activities. © 2004 West Legal Studies in Business A Division of Thomson Learning 11
Unfair Labor Practices [2] ü Employer’s Domination of Union. ü Employer’s Discrimination Against Union Employees. ü Union’s Unfair Labor Practices. § Coercion. § Discrimination. ü Case 22. 5: Marquez v. Screen Actors Guild (1998). © 2004 West Legal Studies in Business A Division of Thomson Learning 12
§ 8: Rights of Nonunion Employees üConcerted Activity. üSafety. üEmployee Communities. § Case 22. 6: In Re Simmons Industries (1996). © 2004 West Legal Studies in Business A Division of Thomson Learning 13
Law on the Web ü NLRB ü AFL-CIO. com ü Legal Research Exercises on the Web. © 2004 West Legal Studies in Business A Division of Thomson Learning 14
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