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Chapter 22 Labor Law. §1: Federal Labor Law. Norris-LaGuardia Act. Protects peaceful strikes by limiting the injunction powers of federal courts. Case 22.1: Burlington Northern Santa Fe Railway Co. v. International Brotherhood of Teamsters Local 174 (2000). National Labor Relations Act.

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1 federal labor law
§1: Federal Labor Law
  • Norris-LaGuardia Act.
    • Protects peaceful strikes by limiting the injunction powers of federal courts.
  • Case 22.1:Burlington Northern Santa Fe Railway Co. v. International Brotherhood of Teamsters Local 174 (2000).
  • National Labor Relations Act.
    • Establishes the right of workers to strike and engage in collective bargaining.
labor union laws 2
Labor Union Laws [2]
  • Labor Management Relations Act.
    • Prohibits certain unfair union practices such as closed shops.
  • Labor-Management Reporting and Disclosure Act.
    • Regulates the internal operations of unions and outlaws hot-cargo agreements.
2 decision to form or select a union
§ 2: Decision to Form or Select a Union
  • Preliminary Organizing.
    • Visit by Union leadership.
    • Workers sign authorization cards.
    • Cards can justify an election.
  • Appropriate Bargaining Unit.
    • Mutuality of Interest among all represented workers.
    • Job Similarity.
    • Management vs. Labor Employees
3 union election
§ 3: Union Election
  • Elections.
    • An election can be held only if it can be shown that at least 30% of the workers will be represented.
  • 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.
  • Case 22.2:Associated Rubber v. NLRB (2002).
4 collective bargaining
§ 4: Collective Bargaining
  • 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.
good faith bargaining
Good Faith Bargaining
  • Terms and Conditions of Employment.
    • Pay, Safety conditions, Insurance, Pensions.
  • Closing or Relocating a Plaint.
    • Severance Pay.
    • Management must bargain over the economic consequences of moving a plant.
  • Case 22.3:Stroehmann Bakeries v. NLRB (1996).
5 strikes
§5: Strikes
  • There 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.
illegal strikes
Illegal Strikes
  • Secondary Boycotts.
  • Common Situs Picketing.
  • Hot-Cargo Agreements.
    • Employers agree not to use non-union goods of other employers.
  • Wildcat Strikes.
  • Strikes that Threaten National Health.
6 lockouts
§6: Lockouts
  • Occurs when the employer shuts down to prevent employees from working.
  • When an employer believes a strike is imminent.
  • Lockouts may be a legal employer response.
7 unfair labor practices
§7: Unfair Labor Practices
  • Employer’s Refusal to Recognize Union and Negotiate.
    • Presumption of Employee Support.
    • Questions of Majority Support.
    • Case 22.4:Canteen Corp. v. NLRB (1997).
  • Employer’s Interference in Union Activities.
unfair labor practices 2
Unfair Labor Practices [2]
  • Employer’s Domination of Union.
  • Employer’s Discrimination Against Union Employees.
  • Union’s Unfair Labor Practices.
    • Coercion.
    • Discrimination.
  • Case 22.5:Marquez v. Screen Actors Guild (1998).
8 rights of nonunion employees
§8: Rights of Nonunion Employees
  • Concerted Activity.
  • Safety.
  • Employee Communities.
    • Case 22.6:In Re Simmons Industries (1996).
law on the web
Law on the Web
  • NLRB
  • AFL-CIO.com
  • Legal Research Exercises on the Web.