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NLRA S.2(2): Definition of Employer: Statutory Exclusions. Federal Govt. or Govt. Corporation (U.S. Postal Service is Included) State or Local Govt. or Political Sub. Railway Labor Act Employers (Rail, Airlines, Fed Ex.) Labor Organizations in Representative Capacity.

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nlra s 2 2 definition of employer statutory exclusions
NLRA S.2(2): Definition of Employer:Statutory Exclusions
  • Federal Govt. or Govt. Corporation (U.S. Postal Service is Included)
  • State or Local Govt. or Political Sub.
  • Railway Labor Act Employers (Rail, Airlines, Fed Ex.)
  • Labor Organizations in Representative Capacity
nlra s 2 2 def of employer judicial exclusions
NLRA S. 2(2): Def. of Employer: Judicial Exclusions:
  • Firms with Close Relationship to Foreign Government
  • Foreign-Flagged Vessels with Foreign Crews
  • Parochial Schools [Catholic Bishops case]
nlra s 2 3 def of employee statutory exclusions
NLRA S. 2(3): Def. of Employee: Statutory Exclusions:
  • Ag Laborer [Holly Farms case]
  • Domestic
  • Employee of Parent or Spouse
  • Indpt. Contractor
  • Supervisor (S.2(11) [Health Care & Ret. Corp. & Kentucky River cases]
  • Employees of R.L.A. Employer
nlra s 2 3 def of employee judicial exclusions
NLRA S. 2(3): Def. of Employee: Judicial Exclusions:
  • Managerial Employees [NLRB v. Textron case, Yeshiva case]
  • Confidential Employees [Hendricks Cty. Rural Elec. Coop. & Meenan Oil Cases]
union representation rights
Union Representation Rights
  • Voluntary Recognition -- Authorization Cards; S. 8(a)(2) concerns
  • Consent Election -- Expedited Process
  • Formal Election -- Formal Hearings on Issues
  • Bargaining Order Remedy for Unfair Labor Practice [Kinney Drugs case]
bargaining unit determination issues
Bargaining Unit Determination Issues
  • Craft vs. Industrial Unit
    • Industrial Preferred
    • Craft -- Skilled Trades & Construction Industry
  • Single vs. Multi Employer Unit
    • Single Employer Preferred
  • Single vs. Multi Plant Unit
    • Single Plant Preferred
    • Utilities and Transportation Industry: System-Wide Unit
bargaining unit determination statutory provisions
Bargaining Unit Determination: Statutory Provisions
  • S.9(b)(1): Professionals included with non-professional only if majority of professionals agree
  • S.9(b)(2): Can’t refuse to sever craft unit because of inclusion in prior unit, unless majority craft employees vote against separate unit
  • S.9(b)(3): Can’t include guards with other employees; union for guards only
  • S.9(c)(5): extent of union organizing can’t be controlling factor in bargaining unitdetermination
bargaining unit determination community of interest
Bargaining Unit Determination: Community of Interest
  • working conditions, wages, hours, nature of duties, skills, training or qualifications
  • geographical and physical proximity
  • history of prior bargaining
  • similarity of employer administrative units
  • functional integration, frequency of interchange
  • desires of employees
bargaining unit determination health care institutions
Bargaining Unit Determination: Health Care Institutions
  • NLRB Approach [Am. Hosp. Assoc. v. NLRB]
    • physicians
    • registered nurses
    • other professionals
    • medical technicians
    • skilled maintenance workers
    • clerical workers
    • guards
    • other non-professionals
  • No Unit < 6 employees
    • Prior Units or Smaller units -- use Community of Interest
craft unit severance mallinckrodt chemical works case
Craft Unit Severance[Mallinckrodt Chemical Works Case]
  • non-repetitive functions, functionally-distinct department
  • history of collective bargaining: with the employer, within the industry
  • maintained separate identity despite inclusion in larger unit
  • degree of integration of employer production process
  • qualifications of union and experience in representing craft workers
unfair labor practices
UNFAIR LABOR PRACTICES
  • S. 7: Protected Activity
  • All employees under the NLRA, whether unionized or not
  • Protected Activity Requirement:
    • concerted
    • for mutual aid & protection
    • NLRB v. City Disposal Systems
unfair labor practices by employers
UNFAIR LABOR PRACTICES by EMPLOYERS
  • S. 8(a)(1) -- interference, coercion or restraint of employees’ S.7 rights
  • S. 8(a)(2) -- domination or support of labor organization
  • S. 8(a)(3) -- discrimination in terms or conditions of employment to encourage/discourage union membership
  • S. 8(a)(4) -- reprisals
  • S. 8(a)(5) -- failure to bargain in good faith
unfair labor practices by unions
UNFAIR LABOR PRACTICES by UNIONS
  • S. 8(b)(1) -- interference, coercion or restraint of employees’ S.7 rights
  • S. 8(b)(2) -- getting employer to discriminate in t & c of employment to encourage/discourage union membership
  • S.8(b)(4) -- secondary picketing
  • S. 8(b)(7) -- recognitional picketing
  • S.8(e) -- hot cargo clause
duty to bargain in good faith
DUTY TO BARGAIN IN GOOD FAITH
  • S. 9(a) -- if union has majority support, it is exclusive bargaining agent
  • S. 8(d) -- must bargain over wages, hours, and other terms and conditions of employment
  • Scope of bargaining: mandatory, permissive and illegal subjects
  • Duration of Duty to Bargain
  • Remedies for Breach of Duty to Bargain
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