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Employment Law and Federal Agencies

Chapter Three

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Overview

New laws/amendments result from interest group coalitions

Organized labor in the U.S. has been politically active in advocating laws that support unions and progressive social positions

Six major organizing/collective bargaining laws passed since 1926

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Railway Labor Act (RLA)

Applies to rail and air carriers and nonmanagerial employees

Five general purposes Avoiding service interruptions Eliminating restrictions on joining a union Guaranteeing freedom of employees in any

matter of self-organization Providing for prompt dispute settlement Enabling prompt grievance settlement

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Railway Labor Act (RLA)

1996 Federal Aviation Authorization Act brought air express companies under RLA

FedEx was brought within RLA jurisdiction

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RLA Overview

Majority employee vote for bargaining representative

Initial representation elections held within a single defined occupational group

Contracts in effect until new agreement reached

National Mediation Board (NMB) can be asked to help

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In Case of Stalemate

No changes/strikes unless impasse declared by NMB

President can convene Emergency Board to report No changes/strikes until 30 days after

report Presidential boards are not infrequent

National Railroad Adjustment Board (NRAB) can intervene

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NRAB/NMB

Both created by RLA

NRAB made up of union and nonmembers Designed to settle grievances

NMB made up of three presidential appointments Handles representation elections, mediates

disputes upon request

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RLA Dispute Resolution

Employer must negotiate with multiple craft unions

Different goals between craft unions Mergers among craft unions Different implementation in rail and airline

industries

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Norris-LaGuardia Act (NLA)

First law protective of union activity

Outlaws yellow-dog contracts, despite Supreme Court affirmation

Other injunctions against activities also prohibited

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NLA

Danbury Hatters diminished

Ensures act is not used as shield for violence

Provides guidance for acceptable injunctive scenarios

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Injunctions Under NLA

Union must have opportunity for rebuttal prior to injunction or

Employer must deposit bond in event of damages

Requesters must try to solve issues prior to injunction granted

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Wagner/Taft-Hartley Acts

Taft-Hartley extended Wagner Act

Wagner only covered employer efforts

Taft-Hartley added union practices Landrum-Griffin polished these

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Wagner Definitions

Employer Employee Supervisor Professional employee

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NLRB

Five presidential appointments are confirmed by the Senate

Conducts representation elections and resolves unfair labor practice charges

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Unfair Labor Practices

Outlined in Wagner Act

Employer unfair labor practices

Union unfair labor practices

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Other Amendments

Protected concerted activity – freedom of expression

Duty to bargain in good faith for employers and unions

Prohibited contract clauses – cannot deny products

Construction Employment - contractors and construction union relationships

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Other Amendments

Health care unions must provide notice of strike

Majority determines union representation for all

NLRB can pursue compensation for unfair practices

Right-to-work laws

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Other Amendments

Alternative arrangements for religious objectors to unions

Federal involvement to maintain commerce, health care

If the President believes labor dispute imperils the nation, a board of inquiry studies the issues

If court agrees that dispute threatens national security, an injunction may be issued

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Suits, Political Action, and Financial Relationships

Unions may sue on behalf of members Financial dealings between employer and

union representing its employees forbidden Union agents forbidden from demanding

payment for performing contractual duties Unions and corporations forbidden to make

political contributions in any elections involving choice of federal officeholders

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Landrum-Griffin Act

Enacted in 1959 based on Congressional hearings on corrupt practices

Regulates employer & union activities according to other acts

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Landrum-Griffin Act

Bill of Rights for Union Members

Unions required to file constitutions and bylaws, annual reports with secretary of labor

Trusteeship can take over to address major problems

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Other Federal Laws & Regulations

Byrnes Act – no intrastate recruitment to interfere with picketing

Copeland Anti-Kickback Act – no unlawful requirement of compensation in return for public works

RICO Act – address corruption through forfeiture of illegal gain Penalty = 3Xs corrupt gain

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Other Major Employment Laws

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Other Major Employment Laws

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Other Major Employment Laws

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Labor Law Enforcement

Courts support market-based practices

The greater the difference between union & nonunion wages, the more employers are likely to engage in unfair labor practices

Few resources for NLRB to enforce laws without Congressional support and without strong penalty options

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Role of Federal Branches

Legislative: Congress writes & amends laws

Executive: Implement & regulate within laws

Judiciary: Interprets actions of legislative & executive based on Constitution, statutes, common law

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Departments with Labor Responsibilities

Department of Labor Employment Standards Administration Office of Labor-Management Standards Workers’ Compensation Programs Occupational Safety and Health Administration Employment and Training Administration Bureau of Labor Statistics Bureau of International Labor Affairs Women’s Bureau

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Other Federal Agencies with Labor Responsibilities

Federal Mediation and Conciliation Service (from Taft-Hartley Act) Mediates labor disputes by invitation or self-

insertion No power to impose settlements Preventive mediation and alternative dispute

resolution Mediator training in developing countries

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Other Federal Agencies with Labor Responsibilities

National Mediation Board (from 1934 amendment to Railway Labor Act) Mediates contract disputes between carriers

and unions Refers grievances to NRAB Notifies President if dispute threatens to cripple

transportation industry

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Other Federal Agencies with Labor Responsibilities

National Labor Relations Board (from Wagner Act) Oversees most for-profits, hospitals, U.S.

Postal Service Only responds to complaints or requests from

unions, employees, or employers Several-layered process for disputes, including

appeals

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Politics of NLRB

Five members appointed by President

Usually same political party

Congress, unemployment, previous rulings play role in decisions

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Impact of NLRB

Decisions alter bargaining power between labor and management

Filing levels based on board composition

Employers may increase filings to deter union efforts

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Continuing Controversy

Union leaders questioned need for labor legislation in 1980s

Congressional/Presidential politics play role in issue focus

Calls for more employer latitude - “Team Act” passed but vetoed

Fewer worker rights in U.S. compared with European Union

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International Standards

Trade treaties seek minimum labor standards Protect jobs in high-wage countries Prohibit child & forced labor NAFTA More impact on national level than international