Labor Relations
Terms
undefined, object
copy deck
- knights of labor
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first union in us
advocated 8 hr workdays instead of 12-14 - sherman anti-trust act
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-controlled business monopolies
-allowed court injunctions to prevent restraint of trade - injunctions
- 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
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-limited use of injunctions to break strikes
-exempted unions from sherman anti-trust act - railway labor act
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-allowed 90-day cooling off period to prevent strikes in national emergencies.
-covers railroads and unions and now airlines - Norris-laguardia act
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-protected right to organize & strike
-outlawed yellow dog contracts - yellow dog contracts
- contracts used to prevent employes from joining unions
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NLRA
(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 - NLRB
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national labor relations board
-made to enforce NLRA and its ULBs -
LMRA
(taft-hartley) -
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 -
LMRDA
(landrum-griffin) -
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
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-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
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-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 - ULP
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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
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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
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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 - featherbedding
- 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
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-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
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more prevalent in public sector today
*internet
*home visits
*insider organizing
*salting
*meetings
*leafleting
*media
*picketing - salting
- union hires person to apply for position at org. targeted
- picketing
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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
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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
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*authorization cards
*recognition
-voluntary
-involuntary
*petition to NLRB
*NLRB conference
*pre-election hearing
*campaign
*election - authorization card
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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
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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
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-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
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-employees dissatisfied with union performance or good relationship w/ management
-30%+ of employees - union deauthorization
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retain union but eliminate clause
-30%+ bargaining unit - collective bargaining positions
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*positional bargaining
*principled bargaining
*integrative bargaining
*interest-based bargaining - positional bargaining
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demands made by each side and concentrate on winning
aka hard bargaining - principled bargaining
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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
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*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
CBA -
*wages, hours, terms and conditions of employment
*union security clauses
*no strike.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
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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
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requires that all hires be members of the union before they are hired
-is illegal except in construction - Grievance procedure for union disagreements
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-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
*mediation
*court injunctions - binding arbitration
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-resolve without litigation
-compulsory abbitration is mandated when strikes are prohibited - lockouts
- management shuts down operations to keep union from working
- boycotts
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work against employer to make disatisfaction known or to force decision
*ally doctrine
*alter ego doctrine
*double breasting
*straight line operations - ally doctrine
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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
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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
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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
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boycott method
2 businesses that complement each other, if one is struck the other may be because it is a single enterprise - strike
- occurs when union decides to stop working
- common situs picketing
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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
- TIPS
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to avoid charges of ULP during unionizing efforts employers may not
Threaten
Interrogate
Promise
Spy
on employees