chapter 15 labor law mcgraw-hill/irwin copyright © 2012 by the mcgraw-hill companies, inc. all...
TRANSCRIPT
Chapter 15Chapter 15Labor Law Labor Law
McGraw-Hill/Irwin Copyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved.
15-15-22
Learning ObjectivesLearning Objectives Discuss the history of unions in the United
States
Identify the Norris-LaGuardia Act of 1932 and what it covers
Identify the National Labor Relations Act of 1935 (Wagner Act) and what it requires
15-15-33
Learning ObjectivesLearning Objectives List and explain several collective bargaining
agreement clauses
Explain unfair labor practices and give examples
Describe the Taft-Hartley Act of 1947 and its requirements
15-15-44
Learning ObjectivesLearning Objectives Define the Landrum-Griffin Act of 1959 (Labor
Management Reporting and Disclosure Act) and its provisions
Discuss collective bargaining in the public sector and how it differs from the private sector
15-15-55
Coming Together on IssuesComing Together on Issues Labor law – different and discrete from
employment law
Collective bargaining: Negotiations and agreements between management and labor about wages, hours, and other terms and conditions of employment
Nature of the American economy – shift from agrarian to industrial
Basis for modern labor issues
15-15-66
A Historical AccountingA Historical Accounting Criminal conspiracy laws – Early union activity
considered to be common law criminal conspiracies
Injunctions: Court order requiring individuals or groups of persons to refrain from performing certain acts that the court has determined will do irreparable harm
Yellow dog contracts: Agreements stating that employees do not belong to a union and will not join one; now illegal
15-15-77
A Historical AccountingA Historical Accounting Antitrust attacks
Sherman Antitrust Act
Secondary boycotts: Union pressure on management by getting others who do business with management to cease
Clayton act
Issue of injunction against labor
Constitutional challenges to early congressional enactments
15-15-88
Out of Necessity Comes ChangeOut of Necessity Comes Change National War Labor Board
Peaceful resolution of labor disputes
National Industrial Recovery Act
Put business in charge of regulating prices and production
Established a minimum wage
Gave workers collective bargaining and other rights
Declared unconstitutional in 1935
15-15-99
Out of Necessity Comes ChangeOut of Necessity Comes Change Decrease in unionization
Reduction in heavily unionized industries
Aggressive nonunionizing campaigns by employers
Union concessions during downturns in the economy
North American Free Trade Agreement (NAFTA)
International competition
Labor unions still remain an important part of the workplace
15-15-1010
Labor LawsLabor Laws Began with
Restricting court responses to union activity
Establishing the right of employees to form labor organizations
Protection against unfair labor practices
Unions gained power and abused it, resulting in additional labor management legislation
15-15-1111
The Norris-Laguardia ActThe Norris-Laguardia Act The first major labor law statute enacted in the
United States
Provisions
Curbed courts’ power to intervene in labor disputes
Issue of injunctive relief
Yellow contracts made non-enforceable in any court in the U.S.
Significant impact in curbing prosecution under the antitrust laws
15-15-1212
The National Labor Relations Act of The National Labor Relations Act of 1935 (Wagner Act)1935 (Wagner Act)
The National Labor Relations Act
Enacted to avoid the unconstitutional delegation of legislative power
Outlines unfair labor practices
Administered by NLRB
Unfair job practices by unions are notably missing from the act
15-15-1313
The National Labor Relations Act of The National Labor Relations Act of 1935 (Wagner Act)1935 (Wagner Act)
The National Labor Relations Board
Enforces labor laws in the private sector and conducts union elections
Community of interests – formation of a bargaining unit
Concerted activity
Union organizing
Discussion of unionization and solicitation of union support
15-15-1414
The National Labor Relations Act of The National Labor Relations Act of 1935 (Wagner Act)1935 (Wagner Act)
Unions Meaning
Community of interests
Factors employees have in common for bargaining purposes
Bargaining unit The group of employees in a workplace that have the legal right to bargain with the
employer
Shop steward Union member chosen as intermediary between union members and employer
15-15-1515
The National Labor Relations Act of The National Labor Relations Act of 1935 (Wagner Act)1935 (Wagner Act)
Unions Meaning
Collective bargaining agreement
Negotiated contract between labor and management
Industrial union Union organized across an industry, regardless of members’ job type
Craft unions Unions organized by the employee’s craft or trade
Business agent The representative of a union, usually craft
15-15-1616
The National Labor Relations Act of The National Labor Relations Act of 1935 (Wagner Act)1935 (Wagner Act)
Good faith bargaining
Mandatory subjects of bargaining: Wages, hours, and other conditions of employment, which, by law, must be negotiated between labor and management
Permissive subjects of bargaining: Nonmandatory subjects that can be negotiated between labor and management
Closed shop: Employer hires only union members
Bad-faith bargaining
15-15-1717
The National Labor Relations Act of The National Labor Relations Act of 1935 (Wagner Act)1935 (Wagner Act)
Duty of fair representation
Requires the union to represent all employees fairly and nondiscriminatorily
15-15-1818
Collective Bargaining AgreementsCollective Bargaining Agreements Management security clause: Parties agree
that management has the right to run the business and make appropriate business decisions as long as applicable laws and agreements are complied with
Midterm negotiations: Collective bargaining negotiations during the term of the contract
15-15-1919
Unfair Labor PracticesUnfair Labor Practices Unfair labour practices may include
Refusal to bargain in good faith
Engaging in activities that would tend to attempt to control or influence the union
Interfering with union’s affairs
Discriminating against employees who join or assist unions
Strikes and Lockouts
15-15-2020
The Taft-Hartley ActThe Taft-Hartley Act Amendment to the NLRA
Enacted to curb excesses by unions
Section 7, unfair labor practice for unions to
Restrain employees in the exercise of their rights or employers in the selection of their representatives for collective bargaining
Cause an employer to discriminate against an employee
15-15-2121
The Taft-Hartley ActThe Taft-Hartley Act Section 7, unfair labor practice for unions to
(continued)
Refuse to bargain with an employer
Engage in jurisdictional or secondary boycotts.
Charge excess or discriminatory initiation fees or dues.
Cause an employee to pay for goods or services that are not provided
15-15-2222
The Taft-Hartley ActThe Taft-Hartley Act
14-22
Key Terms MeaningRight-to-work
lawsPermits employees to choose not to become a
part of the union
Union shop Union and management agree that employees must be a member of the union
Union shop clause
Provision in a collective bargaining agreement allowing a union shop
Agency shop clause
Requires nonunion members to pay union dues without having to be subject to the union rules
Free riders Bargaining unit employees who do not pay dues but whom the union is still obligated to
represent
15-15-2323
The Landrum-Griffin ActThe Landrum-Griffin Act Also known as the Labor Management
Reporting and Disclosure Act
Enacted in response to congressional investigations into union corruption
Bill of rights for union members
Procedures for holding union elections
Safeguarding funds
15-15-2424
Union Members’ Bill of RightsUnion Members’ Bill of Rights Right to attend union meetings, vote on union
business, and nominate candidates for union Right to bring an agency or court action against the union after exhausting union procedures
Certain procedures must be followed before any dues or initiation fee increases
Full and fair hearing when being disciplined by the union; exception – failure to pay dues
15-15-2525
Labor Relations in the Public SectorLabor Relations in the Public Sector
Federal employees
Many states have collective bargaining statutes covering most public employees
Federal restrictions
Civil Service Reform Act of 1978
Federal Labor Relations Authority
15-15-2626
Labor Relations in the Public SectorLabor Relations in the Public Sector
State, county, and municipal public employees
Professional associations
Craft unions
Industrial-type unions
AFL-CIO
Difference between public and private collective bargaining
15-15-2727
Management TipsManagement Tips If employees decide they wish to unionize, do
not try to negatively influence the decision
Do not assume any employee you speak to for the purpose of persuading employees not to unionize will keep the conversation confidential
Know the kinds of things the employer can legally do to influence the unionizing decision, and do only those things that are permissible
15-15-2828
Management TipsManagement Tips Once the union is in place, conduct all
negotiations only with the union representatives
Treat the collective bargaining process as one would any business activity
Know what the law requires
15-15-2929
Management TipsManagement Tips Keep the lines of communication open
Try to keep the “us versus them” mentality from having a negative impact on the collective bargaining process
Play hardball without setting management up for an unfair labor practice charge