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Flashcards in Employment & Environment: Union & Employee Relations Deck (7)
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1

Employment & Environment:
Union & Employee Relations
Intro

National Labor Relations Act of 1935
- right to form, join, or assist unions
- right to bargain collectively
- right to engage in concerted activities
Labor Management Relations Act of 1947
- prohibiting union coercion of employees and secondary boycotts
Labor Management Reporting and Disclosure Act 1959
- responded to corruption in unions by protecting workers from unfair treatment by unions
National Labor Relations Board
- enforces NLRA

2

Employment & Environment:
Union & Employee Relations
NLRA Coverage

NLRA Coverage
- all employers involved in interstate commerce
- exempt: Independent contractors, Government employees, managerial and supervisory employees, airline and rail employees covered by other statutes

3

Employment & Environment:
Union & Employee Relations
Right to Organize

- once 30% sign authorization cards, may petition for election to create a union
- NLRB monitors election
- employers must avoid committing unfair labor practices which would result as automatic certification of union

4

Employment & Environment:
Union & Employee Relations
Employer Unfair Labor Practices

Employer Unfair Labor Practices
- interfering with organizing efforts: not bribe or threaten
- dominating or interfering
- discriminating against union member
- refusing to bargain collectively

5

Employment & Environment:
Union & Employee Relations
Union Unfair Labor Practices

Union Unfair Labor Practices
- coercing employees
- requiring employees not to do business with non-union companies that union is trying to organize
- refusing to bargain collectively
- engaging in an illegal strike or secondary boycott

6

Employment & Environment:
Union & Employee Relations
Lockout

- Employers may bar workers from organizing, sometimes in anticipation of a strike.
- illegal if intent is: destroy union, punish workers for organizing, avoid good faith responsibilities
- Federal Law prohibits "closed shops" (agreement to hire only members of a union)
- Federal Law does not allow states to enact "right to work" laws that prohibit
- "Union Shops" agreements requiring new employees to join within specified time or
- "Agency Shops" agreements allowing employees not to join, but to pay fees to union
- Employers may take bankruptcy to discharge obligation under collective bargaining agreement

7

Employment & Environment:
Union & Employee Relations
Collective Bargaining

- negotiations between management and union
- once certified, management cannot bargain with anyone else over: wages, hours, and other conditions
NLRA imposes a duty of good faith on both sides
- cant withhold information or make "take it or leave it" offers
- good faith does not include obligation to reach an agreement
Unions may Strike to Support Their Rights
- must be supported by majority of members
- once collective bargaining agreement, give 60 days notice to employer
- secondary strikes against third parties are illegal
- must picket just the relevant part of sight
- no right to picket entire property
Characteristics of Collective Bargaining
- union agrees not to strike, and employer not to lock
- employer agrees to submit disagreements and grievances to arbitration
- matters such as pay scales, seniority, overtime pay, insurance, and vacations
Replacement Workers
- during strike employers may hire "replacement workers"
- following settlement, must reinstate workers

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