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Chapter 32 Labor Law. The right of workers to form, join, and assist labor unions is a statutorily protected right in the United States. Federal Labor Union Statutes. Norris-LaGuardia Act. National Labor Relations Act. Labor-Management Relations Act.

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chapter 32 labor law

Chapter 32Labor Law

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

slide2

The right of workers to form, join, and assist labor unions is a statutorily protected right in the United States.

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

federal labor union statutes
Federal Labor Union Statutes

Norris-LaGuardia Act

National Labor Relations Act

Labor-Management Relations Act

Labor-Management Reporting and Disclosure Act

Railway Labor Act

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

norris laguardia act
Norris-LaGuardia Act
  • Stipulates that it is legal for employees to organize.
  • Removes the federal courts’ power to enjoin peaceful union activity.

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

national labor relations act
National Labor Relations Act
  • Also known as the Wagner Act or NLRA.
  • Establishes the right of employees to:
    • form, join, and assist labor organizations
    • bargain collectively with employers
    • engage in concerted activity to promote these rights

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

labor management relations act
Labor-Management Relations Act
  • Also known as the Taft-Hartley Act.
  • Expands the activities that labor unions can engage in.
  • Gives employers the right to engage in free-speech efforts against unions prior to a union election.
  • Gives the President the right to seek an injunction against a strike that would create a national emergency.

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

labor management reporting and disclosure act
Labor-Management Reporting and Disclosure Act
  • Also known as the Landrum-Griffin Act.
  • Regulates internal union affairs and establishes the rights of union members.

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

railway labor act
Railway Labor Act
  • Covers employees of railroad and airline carriers.

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

national labor relations board nlrb
National Labor Relations Board (NLRB)
  • Administrative body comprised of five members appointed by the president and approved by the senate.
    • Oversees union elections
    • Prevents employers and unions from engaging in illegal and unfair labor practices
    • Enforces and interprets certain federal labor laws.
  • NLRB decisions are enforceable in court.

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

organizing a union
Organizing a Union
  • Section 7 of the NLRA
    • Gives employees the right to join together to form a union.
  • Appropriate Bargaining Unit
    • The group that the union is seeking to represent.
    • Must be defined before the union can petition for an election.
    • Managers and professional employees may not belong to unions formed by employees whom they manage.

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

types of union elections
Types of Union Elections
  • 30 percent of the employees in the bargaining unit must indicate interest in joining or forming a union.
    • Not a commitment to vote for the union
  • NLRB is petitioned, investigates and sets election date.

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

union elections continued
Union Elections (continued)
  • Contested election
    • Management opposes the union
    • NLRB required to supervised
    • Simple majority vote wins election
  • Consent election
    • Management does not contest
    • NLRB does not supervise
  • Decertification election
    • Employees no longer want union
    • Supervised by NLRB

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

union elections continued13
Union Elections (continued)
  • If a simple majority of the employees of the appropriate bargaining unit vote to join a union,
    • the union is certified as the bargaining agent of all the employees,
    • even those who did not vote for the union.

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

union solicitation on company property
Union Solicitation on Company Property
  • An employer may restrict union solicitation activities by employees to nonworking areas during employees’ free time.
  • Off-duty employees may be barred from union solicitation on company premises.
  • Non-employee union organizers or officers may be prohibited from soliciting on behalf of the union anywhere on company property.

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

union solicitation on company property continued
Union Solicitation on Company Property(continued)

Inaccessibility Exception

  • Permits employees and union officials to engage in union solicitation on company property
    • Employees must be beyond reach of reasonable union efforts to communicate with them.

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

illegal interference with an election
Illegal Interference with an Election
  • Section 8(a) of the NLRA – makes it an unfair labor practice for an employer to interfere with, coerce, or restrain employees from exercising their statutory right to form and join a union.
  • Section 8(b) of the NLRA –prohibits unions from engaging in unfair labor practices that interfere with a union election.

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

collective bargaining
Collective Bargaining
  • The act of negotiating contract terms between an employer and the members of a union.
  • Collective Bargaining Agreement –the resulting contract from a collective bargaining procedure.
  • The employer and the union must bargain with each other in good faith.

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

subjects of collective bargaining
Subjects of Collective Bargaining
  • Compulsory Subjects
    • Wages
    • Hours
    • Other terms and conditions of employment
  • Illegal Subjects
    • Closed shops
    • Discrimination

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

subjects of collective bargaining continued
Subjects of Collective Bargaining(continued)
  • Permissive Subjects
    • Size and composition of the supervisory force
    • Location of plants
    • Corporate reorganizations
    • Subjects may be bargained for if company and union agree

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

union security agreements
Union Security Agreements
  • Union Shop
    • Employee must join the union within a certain number of days after being hired.
    • Employees who do not join must be discharged by the employer upon notice from the union.
    • Union members pay union dues to the union.
    • Union shops are lawful.

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

union security agreements continued
Union Security Agreements (continued)
  • Agency Shop
    • Employees do not have to become union members.
    • Must pay an agency fee to the union.
      • Amount equal to union dues
    • Agency shops are lawful.

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

state right to work laws
State Right-to-Work Laws
  • Section 14(b) of the Taft Hartley Act
    • allows states to enact right-to-work laws that outlaw union or agency shops.
    • Individual employees cannot be forced to join a union or pay union dues and fees.
      • Applies even though a union has been elected by other employees.
    • 22 states have enacted right-to-work laws.

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

strikes
Strikes
  • The NLRA gives union management the right to recommend that the union call a strike if a collective bargaining agreement cannot be reached.
  • A majority vote of the union’s members must agree to the action before there can be a strike.

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

picketing
Picketing
  • The actions of strikers walking in front of the employer’s premises carrying signs announcing their strike.
  • The right to picket is implied from the NLRA.
  • An employer may seek an injunction against unlawful picketing.

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

picketing continued
Picketing (continued)

Picketing is lawful unless it

  • It is accompanied by violence
  • Obstructs customers from entering the employer’s place of business
  • Prevents non-striking employees from entering the employer’s premises
  • Prevents pickups and deliveries at the employer’s place of business

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

secondary boycott picketing
Secondary Boycott Picketing
  • A type of picketing where unions try to bring pressure against an employer by picketing his or her suppliers or customers.
  • Such picketing is lawful only if it is product picketing.
  • It is illegal if it is directed against the neutral employer instead of the struck employer’s product.

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

illegal strikes
Illegal Strikes
  • Several types of strikes have been held to be illegal.
  • They are not protected by federal labor law.
  • Illegal strikers may be discharged by the employer with no rights to reinstatement.

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

illegal strikes are
Violent Strikes

Sit-Down Strikes

Partial or Intermittent Strikes

Wildcat Strikes

Strikes during the 60-day Cooling-Off Period

Strikes in Violation of a No-Strike Clause

Illegal strikes are:

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

crossover worker
Crossover Worker
  • Individual members of a union do not have to honor the strike.
  • They may:
    • Choose not to strike, or
    • Return to work after joining the strikers for a time

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

replacement workers
Replacement Workers
  • Workers who are hired to take the place of striking workers.
  • They can be hired on either a temporary or permanent basis.
  • If replacement workers are given permanent status, they do not have to be dismissed when the strike is over.

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

slide31

Employer Lockout

Act of the employer to prevent employees from entering the work premises when the employer reasonably anticipates a strike.

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

internal union affairs
Internal Union Affairs
  • Unions may adopt internal union rules to regulate the operation of the union, acquire and maintain union membership, etc.
  • Title I of the Landrum-Griffin Act – referred to as labor’s bill of rights. Gives each union member equal rights and privileges to:
    • Nominate candidates for union office
    • Vote in elections
    • Participate in membership meetings

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman

internal union affairs continued
Internal Union Affairs (continued)
  • A union may discipline members for:
    • Walking off the job in a non-sanctioned strike
    • Working for wages below union scale
    • Spying for an employer
    • Any other unauthorized activity that has an adverse economic impact on the union

© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman