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Labor Law > Economic Weapons > Flashcards

Economic Weapons Flashcards

1
Q

Economic weapons types

A

strikes, lockouts, boycott, ads, area standard picketting, quickie strike

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2
Q

Impetus for Bargaining

A

Strikes are the engine that drive CB, private ordering

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3
Q

Rusty weapon strike

A

once in a while just to do it to tell workers they can

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4
Q

George Johnson theory

A

strikes due to imperfect information, changes expectations and may bring workers expectations back in line with reality, educate the membership

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5
Q

History of EWs - RLA

A

minimizes the ability to use EWs - 1926

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6
Q

Norris LaGuardia on EWs

A

government wil be neutral and not allow, but not promote strikes either

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7
Q

NLRA (Wagner) on EWs

A

premised on nthe idea that law should NOT dictate the working conditions substance, but there is a process to do so using the EWs

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8
Q

Lochner - constitutional protections

A

protects er freedom of K from state regulation unless a legitimate exercise of police power

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9
Q

West Coast Hotel

A

DP ceased to be major restriction of fed/state regulation

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10
Q

Secondary boycott

A

NLRB prohibits conduct aimed at a secondary employer in order to exert pressure over primary

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11
Q

Thornhill v. AL

A

Laws that prohibit any demosntration or picketing near an employer’s WP is a 1st amend. violation

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12
Q

Int’l Brotherhood of Teamsters v. Vogt

A

States may constitutionally enjoin peaceful picketting codnucted for an unlawful purpose

Narrows Thornhill

Injunction OK

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13
Q

NAACP v. Claiborne Hardware, Co.

A

The gov. does not have a right to prohibit peaceful political activity designed to effectuate rights guaranteed by the Constitution

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14
Q

Int’l Longshorsement Assoc.

A

8b4 - secondary boycotts prohibit a union from including employees to refuse to handle goods w/ the object of forcing any person to cease doing business with any other person

Is there is no labor dispute, no reason for secondary boycott

Russian raid of Afghan.

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15
Q

Property and Constitutional Protection

A

Public Property - federal contstitutional protection

Private property - State may allow exclusion

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16
Q

Right to strike

A

Chapter 2(7)

Limited by Taft Hartley

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17
Q

Exceptions to Statutory Protections to Strike

A

Activity inconsistent with exclusivity

sit-down strikes/slow-downs

indispensible or unprotect conduct (harassing)

Disloyalty

Violence/trespass

Strike in violation of CBK

Strike over non-mandatory things

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18
Q

No intent to strike EXCEPT

A

RLA, public sector, healthcare

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19
Q

No-strike clause

A

a union can waive Section 7 rights

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20
Q

Mastro Plastics

A

waive only “economic” strikes and not the right to engage in strikes to protest to the Ers ULPs

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21
Q

Sympathy strike

A

occurs when workers from the facility in which the work is shifted to from the other er refused to work in solidarity with the workers are the other location

Protected under Section 7 but maybe not allowed under Section 8

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22
Q

Right to honor pickets

A

Same protection as strikers, no strike cluase presumed waiver of right not to cross picket lines unless extrinsic evidence in bargaining history says otherwise

Uncertainyt

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23
Q

Special Limits on Strikes - 8d

A

Party wishinng to terminate or modift a CBK give written notice to the other party 60 days in advance and must notify the federal mediation and concilation service at least 30 days later

Must not resort to strike or lockout for 60 days

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24
Q

8g - Civil Service Employees Association

A

unions are subject to sanctions for sanctioning without observing 8g notice requirements but NOT for PICKETING

25
Q

RLA/Airlines Strike

A

provide dispute resoltuion through mediation and arbitration

26
Q

National Emergency Provisions - Taft-Hartley (strikes)

A

Can stop strike if affects the entire industry or impairs national health/safety

27
Q

Work Stoppages in Public Sector

A

Most public sector employees are not allowed to strike

28
Q

Blue flue

A

Not allowed to strike/slowdown, call in sick

29
Q

Remedy to unlawful strike

A

Injunctions, damages against union, decertification of union

30
Q

Alternatives to strikes

A

Mediation/Arbitration

31
Q

Section 7 Protections for Strikes

A

Employees have the right to self-organization, form, join, or assist and to engage in concerted activities for the purpose of CB

32
Q

Section 13 - Right to Strike Preservd

A

Nothing can impede or limit the wright and APPLY TO NON-UNION WORKERS

32
Q

Wildcat strike

A

Not organized by the unions, spontaneous

Protected under OSHA

32
Q

Economic strike

A

Better wages and benefits

33
Q

ULP strike

A

motivating factor is the violation of the NLRA/ULP

34
Q

Electronic Data Systems

A

Partial work stoppage compared to complete work stoppage is UNPROTECTED because it was an attempt for ees to set their own terms

35
Q

McKay Radio

A

Ers may permanently replace striking workers but may not unlawfully discriminate in deciding which returning employees may retain their position after strike

Right not to be fired, not to keep that job

36
Q

Strikers cannot be dischared?

A

economic and ULP

37
Q

Laidlaw Corp.

A

Striker has right to reinstatmenet occur when the striker made unconditional offer to return and not abandon ER

38
Q

Mastro Plastics

A

EEs sticking to ULP protect may not be permanently replaced

39
Q

Erie Resister Corp.

A

Offers of super seniority are inhernetly destructive of section 7 rights because it fractures the BU into nonsupporters versus supporters

No proof of DI

violates 8a3

40
Q

Great Dane Trailer

A

When DI is needed

41
Q

When is discriminatory intent needed

A

1) no legit reason for disc. against strikes

2) provides justification but it is inherently destructive to CB rights

3) legit + substantial the strikers only have a comparatively slight effect on 7, no 8a3 violation

42
Q

Transworld Airlines

A

An RLA employer to lay off junior crossover ees to reinstate senior full-time strikes at the end

RLA - uses NLRA precedent

43
Q

Defensive lockout

A

ER locks out because of pending circusmtances

43
Q

Union Tactics for Battle Solidarity

A

Fines?

43
Q

Offensive lockout

A

ER initiates without having a reason to believe strike was likely, ULP bc coercive

44
Q

Whipsaw strike

A

strikes against businesses that compete against each other because they do not want to lose the etc.

45
Q

quickie strike

A

times a strike for er’s peak sales in seasonal

46
Q

American Shipbuilding

A

No violation because there was an ER interest for business

47
Q

Permanent Replacement + Lockout

A

Hiring/Transferring during lockout is a ULP

48
Q

Midwest Generation

A

Parital lockout not a ULP because the purpose was pressure on EEs and slight —— Great Dane analysis

49
Q

Local 15 (Midwest II)

A

EEs may not partially lockout workers based on their participation in protective activities

2 prong (ID vs. CS)

50
Q

Inherently destructive

A

impedes future CB, discrimination agains tunion mebership, show it outweighs the harm done by unions

51
Q

Comparitively slight

A

Er must establish a legit and subs. bus. justification to show

52
Q

How can lockouts be used?

A

Economic pressure NOT discrimination

53
Q

Int’l Paper Co.

A

An employer does not violate 8A3 every time if acts in a manner that may affect union activity ONLY when it encourages/discourages membership

54
Q

NLRA 8b4

A

aimed at hot cargo caluses

Issue with sympathetic strikes/secondary strikes

Labor Law (6 decks)

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