Managers and a labor organization designated as the exclusive bargaining agent representing the interests of a group of employees engaged in the joint determination and administration of work rules.
Labor Relations Process
i.e disputes over terms and conditions of employment, resolved voluntarily by union and management negotiators during the bargaining process
i.e. disputes over the interpretation or application of a contracts terms
1.Rules governing compensation in all its forms (wages, overtime, vacation, holidays, shift premiums)
2. rules specifying the employee and employers job rights and obligations such as no employee strikes or lockouts during the term of the labor agreement, performance standards, promotion qualifications etc
Represent the interest of owners as well as their own self interest
Usually elected by members to represent employee interests second key participant in the labor relations process
Key in labor relatons process, determine if a union is present
Employees may have loyalty to both their employer and union organization, this is called
Fourth key participant in the labor relations process,
Mediators and arbitrators
Assist management and the union in reaching volunatry settlement
Hired to make a binding decision in dispute settlement
Movement among indicators such as inflation, unemployment, and productivity
Where the company either sells its product or purchases key elements required for production of its products or services.
Product or service market
Market in which the union and employer seek to borrrow funds to inance the investment strategies
The skills, wage levels, and availability of employees in a relevant _________________can affect netotiated work rules.
1)equipment used in the workplace
2)the pace and scheduling of work
3)characteristics of work environment and tasks to be performed
Doctrine which permits an employer to discharge an at-will employee at any tie for any or no stated reason
The proportion of a total group (e.g. national labor force, state labor force, industry, company, or geographic region). comprised of union members is one measure of relative union strength or potential influence
Ensures the rights of peaceful assembly, freedom of association, and free speech has been interpreted as allowing employees to form union picketing
First Amendment of the constitution
Used to resolve a legal dispute when no constitutional or statutory law applies to that dispute
Federal law takes precedent over state law or local ordinaces whenever both seek to regulate the same conduct and there is conflict between them.
See page 75!! for boards
English common law that says it was illegal for two or more workers to join together for the purpose of pressuring their employer to improve their wages or working conditions
criminal common law
Supreme Judicial Court of Massachusetts set aside the criminal conspiracy conviction of seven members of the Journeymen Bootmakers' Society. Court did not overturn decision but said that could be examined on a case by case basis.
Commonwealth v. Hunt
A group involved in concerted activities could inflict harm on other parties (e.g. customers or other employees) even though the workers were pursuing a valid objective in their own interest.
Civil consipiracy doctrine p 77
A court order prohibiting or restricting certain activites in conjunction with a labor dispute.
Labor injuction p77
An agreement required by employees stating that they would neither noin a union nor assist in organizing one
yellow-dog contract p77
Passed to regulate the increasing power of large corporations to engage in anti-competitive practices which tended to drive smaller firms out of the market
Sherman Antitrust Act of 1890
Provides barriers to a broad range of anti-competitiveness issues. Topics such as price discrimination, price fixing and unfair business practices are addressed in the Act. They are enforced by the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice.
Clayton Antitrust Act
Norris-La Gaurida Act p 80
Wagner act p81
Employees and unions were permitted under the LMRA to negotiate voluntary agreements to either require an employee to join a union within 30 days after higher
union shop union security clause
Employees and unions were permitted under the LMRA to netiotiate voluntary agreements to join a union 30 days after hire. If not the employee is required to pay a fee equivalent to regular union dues and initiation fees called if the employee held a job in a bargaining unit represented by the union. This type of shop is called a
agency shop union security clause
Employer agrees to only hire applicants who are members of a union representing the firm's workers
Closed shop union security clause
Passed in 1959 the ________is designed to protect the rights of individual union members in their relations with their own union and to ensure thatlabor orgaizationss operate in a democratic and financially responsible manner. ONLY covers individuals who are members of a labor organization.
Labor Management Reporting and Discosure (Landrum-Griffin) Act
T or F under the LMRDA neutral secondary employers harmed by unlawful secondary strike, boycott, or picket activity have the right to sue the guilty labor orgaization to recover damages
5 member panel that head the NLRB
Those employers and employees to whom the NLRB can apply the language of the LMRA.
Placed postal workers under coverage of the LMRA, expanding the number and types of issues over which workers could legally bargain.
Postal recognition act of 1970
Presents an exception to the requirement that an employee be able to prove that he or she acted with or on the express authorization of oe or more other employees in order to ve considered engaged in concerted activity
Party who files an accusation of an ULP with the NLRB
The party accused of committing an ULP
If no voluntary settlement of a ULP charge is reached a formal ULP complaint and notice of a hearing date will be issued before the
Administrative Law Judge
Involves charges that do not raise any new or novel issues of labor law and can be determined by application of existing relevant Boardy polcies and legal principles.
Routine ULP case
A charge that either raises a new or novel labor law issue or presents the Board with an opportunity to initiate a new policy or change a significant established policy interpreting the LMRA as amended
lead ULP case
Instructs the Respondent to stop committing a ULP violation immediately and in the future.
Cease and desist order
The Board may issues the Respondent ??????? where employees will see them to inform employees abou the ULP violations that have occured, the Respondents pledge not to commit the violation in the future and the basic rights of employees covered by Sec. 7 of the LMRA
Post written notices
A make whole remedy to individuals adversely affected by a ULP. May include reinstatement, back pay, promotion, restoration of seniority etc.
A court of appeals decision in a ULP xcase can be appealed for possible review by the U.S. Supreme court in what is called
petition for certiorari
?????? covers rail and air transporation labor relatons. Amended in 1936 to cover the airline industry.
Railway Labor Act (RLA) of 1926
If union and RLA unable to resolve a major dispute under the RLA the dispute is
subject to mediation under the National Mediation Board (NMB)
The National Railroad Adjustment Board (NRAB), a bipartisan group of 18 union and 18 management representatives, was established to assist in resolving grievances arising during the term of a labor agreement over the interpretation or applicaiton of the cotract's terms termed a ?????
minor dispute under the RLA
????? establishes minimum standards for the opertion of voluntarily established private-sector pension and health benefits
Employment Retirment Income Security Act (ERISA)
Standards define plan participation, vesting rights, benefit accrual and funding, fudicary responsibilities of plan administrators, and guaranteed payments of benefits accrued under a defined benefit plan through a federally chartered corporation called the ???????
Pension Benefit Guaranty Corporation (PBGC)
???? includes standards for the rejection of collective bargaining agreements by companies for obtaining modifications in labor agreements. Requires companies to provide relevant information to unions and engage in good-faith efforts to reach an agreement, which could avoid the necessity to declare bankruptcy.
Bankruptcy Act of 1984
????? requiress employers with 100 or more employees to give 60 days advance notice (excluding those employed less than 20 hours per week) who will be affected by a plant closing or major layoff
Warn Adjustment and Retraining Notification Act (WARN) passed in 1988
Prohibits any form of employment discrimination by companies, labor unions, and employment agencies on the basis of race, color religion sex or national origin
Civil Rights Act of 1991
Prohibits employment descrimination of those over age 40, permits cumpulsory retirment for executives who are entitled to pensions of $44,000 per year or more and authorizes jury trials in covered cases
Age Discrimination in Employment Act of 1967
Prohibits employment discrimination in the federal government and by federal government contractors and subcontractors receiving $50,000 or more
Executive Order 11246 as amended by Executive Order 11375
Requires holders of fderal government contracts in excess of $2,500 to take affirmative action to employ and advance in employmebt qualified physically and mentally disabled individuals.
Voc Rehab act of 1973 (section 503)
Clarifies and extends the Veteran's Reemployment Rights Act of 1940 to protect the job rights of individuals called to perform military service on behalf of the United States
Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994
As amended, established 2 national systems of social security for protection against loss of income resulting from unemployment, old age, disability and death