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Labor Relations


undefined, object
copy deck
knights of labor
first union in us
advocated 8 hr workdays instead of 12-14
sherman anti-trust act
-controlled business monopolies
-allowed court injunctions to prevent restraint of trade
court orders that either require or forbid an action by one part against another
american railway union v pullman palace car co
first used sherman anti-trust injuction for union to end strike
clayton act
-limited use of injunctions to break strikes
-exempted unions from sherman anti-trust act
railway labor act
-allowed 90-day cooling off period to prevent strikes in national emergencies.
-covers railroads and unions and now airlines
Norris-laguardia act
-protected right to organize & strike
-outlawed yellow dog contracts
yellow dog contracts
contracts used to prevent employes from joining unions
(wagner act)
National labor relations act
(wagner act)
-protected right of workers to organize and bargain collectively
-id'd 5 unfair labor practices (ULB)
-established the NLRB
national labor relations board
-made to enforce NLRA and its ULBs
labor management relations act
prohibited closed shops which required everyone to be a member of the union
-restricted union shops;which state must join union within a period no less than 30 days
-allowed states to pass right to work laws
-prohibited jurisdictional strikes and secondary boycotts
-allowed employers to permanently replace economic strikers unless in response to unfair labor practices by employer
-established federal mediation conciliation serivce 80-day cooling off period for national emergency strikes
Labor management reporting and disclosure act
-controlled internal union operations
-provided bill of rights for union members
-allowed members to sue union
-set term limit for union leaders
lawful strikes
-could be for econ reasons
in this strike employers can hire replacements and are not forced to rehire strikers
-could e for unfair labor practice; in this case must not be permanently replaced and must rehire
unlawful strikes
-in support of ULP commited by union
-violates non-strike clause
-engaging in misconduct
-work slowdowns, may result in disciplinary action
-wildcat strike (in violation of a non strike claue in contract)
-sit-down strike
*stop working and stay in the building
-in support of hot cargo clause
unfair labor practices
-action by employer that restraints employees from righ to organize
-can eb 4 both employers and unions
5 Employer unfair labor practices
1. interfere with, restrain, or coerce union efforts
2. dominate or assist a labor organization (no company unions)
3. discriminate against employees (can't take disciplinary action for participating in union activities)
4. discriminate against NLRB activity (no retaliation against employees involved in investigation)
5. enter into a hot cargo agreement
hot cargo agreement
agreement which at the union's request employers stop doing business with another employer
8 Union unfair labor practices
1. restrain and coerce employees (must be able to choose rep and organize)
2. restrain or coerce employers (may not refuse to bargain or oblige to accept bargaining terms)
3. require employers to discriminate (can't force to hire only union members or fire someone)
4. refuse to bargain in good faith
5. engage in prohibited strikes and boycotts (hot cargo actions or secondary boycotts)
6. charge excessive or discriminatory membership fees
7. featherbedding
8. organizational and recognitional picketing
require employers to pay for services not rendered or made obsolete by technology
consequences of ULP
NLRB will eliminate and undo the effects of illegal action to the extent possible
Filing and unfair labor practice charge
-form from NLRB
-filed within 6 months of incident
-charged party notified and submit statement
-case assigend to a board agent who conducts intvws
-informal or formal stettlement, formal requires a court hearing w/ alj
union organizing tactis
more prevalent in public sector today
*home visits
*insider organizing
union hires person to apply for position at org. targeted
informs other parties about issues disputed
-can be done without strike

*common situs picketing
*consumer picketing
*hot cargo pickets
organizational picketing
union wants to attract members
recognitional picketing
when union wants employer to recognize as rep for collective bargaining
-30 day limit
informational or publicity picketing
advise the public that employer is union free
union recognition process
*authorization cards
*petition to NLRB
*NLRB conference
*pre-election hearing
authorization card
means by which NLRB determines if there is sufficient support to hold a union
-hold an election if 30%+ of elegible employees must sign

-accepting card from union may result in accepting union, care should be used when handled
bargaining units
employer unit, craft unit, plant unit, or subdivision.
-may not include both professional and non-professional unless professionals vote to be included in the unit
employees not eligible: confidential employees, supervisors, and management, independent contractors and some agricultural laborers
-can include temps
union election
-consent or directed election
consent-issues are resolved
directed-needs pre-election hearing
excelsior list-names and addresses of all in bargaining unit

-strikers permanently replaced may vote if beginning of strike was within 12 months, otherwise must be employed
-union must win by more than half to become rep.
Bars to elections
will not allow union elections under these circumstances
*contract bar
-unit already covered by collective bargaining agreement
*statutory bar
-had an election <1 yr before
*certification-year bar
-certified rep <1 yr ago
*blocking-charge bar
-pending ULP charge
*voluntary-recognition bar
-if voluntary recog. reasonable time allowed to negotiate
*prior petition bar
-if petition withdrawn, no petition allowed in half a year
union decertification
-employees dissatisfied with union performance or good relationship w/ management
-30%+ of employees
union deauthorization
retain union but eliminate clause
-30%+ bargaining unit
collective bargaining positions
*positional bargaining
*principled bargaining
*integrative bargaining
*interest-based bargaining
positional bargaining
demands made by each side and concentrate on winning
aka hard bargaining
principled bargaining
solving problem than winning a position
can be integrative or interest-based
integrative bargaining
principled bargaining where look at issues on table and make mutually agreeable trade-offs
interest-based bargaining
principled bargaining where have harmonious interestts
collective bargaining subjects
*mandatory subjects
*illegal subjects
*voluntary subjects
*reserved rights doctrine
-state that any rights not covered in agreement are left to the sole discretion of management
Collective bargaining agreement
*wages, hours, terms and conditions of employment
*union security clauses
*no lockout clause
-provide econ. protection to both sides
*contract admin.
*dues check-off
-automatic deduction of dues
*zipper clause
-anything no in the agreement is not part of the agreement, totality clause, prevents reopening negotiations
union security clauses
requires members to provide financial support to union

*union shop
*agency shop
*closed shop
*maintenance of membership clause
-once join union must remain members until expiration of contract
union shop
requires that all employees join union within period specified in contract no fewer than 30 days, 7 in construction
agency shop
must ether join the union or pay union dues if they choose not to join the union
closed shop
requires that all hires be members of the union before they are hired
-is illegal except in construction
Grievance procedure for union disagreements
-work out with direct supervisor
-take to consistently higher levels of management until resolved
-if not resolved at highest level then third party involvement
*binding arbitration
*court injunctions
binding arbitration
-resolve without litigation
-compulsory abbitration is mandated when strikes are prohibited
management shuts down operations to keep union from working
work against employer to make disatisfaction known or to force decision
*ally doctrine
*alter ego doctrine
*double breasting
*straight line operations
ally doctrine
boycott method
employer w/ workers on strike contacts neutral employee to produce wor normally done by struck employee, becomes ally and target of picket line
alter ego doctrine
boycott method
-originally method to protect creditors from fraud by shareholders
-preclude employers from dodging collecting bargaining responsibilities by having a similar business
double breasting
boycott method
common owner of 2 businesses w/ different management equipment and customers, one non-unionize.
prohibited from striking second business unless it's inclusion in the union is a legitimate topic
straight line operations
boycott method
2 businesses that complement each other, if one is struck the other may be because it is a single enterprise
occurs when union decides to stop working
common situs picketing
employer shares bulding with other employers
-must state the name of the business clearly when striking
consumer picketing
advise consumers that goods have been produced by a business whose workers are on strike
hot cargo pickets
unlawful and prohibited
to avoid charges of ULP during unionizing efforts employers may not
on employees

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