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Labor Law > Origins of Labor Law > Flashcards

Origins of Labor Law Flashcards

1
Q

Artisanal Period - production technology

A

Small craft shops, master/apprentice, masters understand the technology of production, localized production

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2
Q

Artisanal Period - nature of employee/employer relationship

A

State and contract (familial) - strict rules, allow the servant to eventually become the master

Some collective bargaining from craft guilds (standards for labor, agree to same pay)

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3
Q

Artisanal Period - laws of employee relationships

A

Master/servant have reciprocal rights and responsibilities

Employed for at least one year, only terminated with reasonable notice

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4
Q

Artisinal Period - criminal conspiracy

A

Acts done in concert to the detriment of the public (collective action) could be charged with criminal conspiracy

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5
Q

Philadelphia Cordwainers

A

1806 - shoemakers were charged with criminal conspiracy because they collectively chose not to work

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6
Q

Commonwealth v. Hunt

A

Artensial Period!

Collective actions is NOT illegal; look at the illegal ends and means

Looked now to civil conspiracy and injunctive relief

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7
Q

Veelahn v. Gunter

A

Upholsters were picketing production place

The majority put an injunction against the patrol and threats under civil conspiracy EVEN IF they were pursuing lawful wage increases

HOLMES DISSENT IS KEY! Argued the use of social pressure was lawful way for better wages and hours

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8
Q

Unions first developed among

A

Craftsman

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8
Q

Early Late Industrial Period - production

A

Tailoring/scientific management (study the best worker and use their template) - Tailorism

Mass production, the technology of production incorporated into the assembly line - Ford AL

Regional to national production

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8
Q

EIP - law of employment relationship

A

Lochner doctrine (freedom to contract), at-will employment, unilateral offers and acceptance

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9
Q

EIP - nature of employee/employer relationship

A

Most workers were individually contracted (freedom of contract)

Some collective bargaining contracts

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9
Q

EIP - bread and butter unionism

A

The movement accepted capitalism as the method for organizing production

Only sought to collectively negotiate with the employers on “bread and butter issues” like wages and hours

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10
Q

EIP - yellow dog contracts

A

Contracts that employers used to make employees sign that would say they would not support/associate labor unions

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11
Q

EIP - blacklists

A

List of employees that had been in unions, used to decline hires in the future

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12
Q

Lochner v. New York

A

Substantial due process through the 5th and 14th amendments

State can only infringe on liberties to protect vulnerable classes, regulate dangerous activities, and safeguard general health —— bakery workers did not fall into this

Constitutionally enshrines laissez-faire (employer/employee freedom to change terms or part ways)

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13
Q

EIP - Horace Wood Treatise 1877

A

Employees are contracted for indefinite terms, they could be fired for “just cause” that is a substantial breach of the employment contract

14
Q

Jones v. Laughlin

A

Overturned Lochner

15
Q

EIP - unilateral contracting

A

Employers controlled the terms of the employment contract, and employees readily accepted

16
Q

EIP - Sherman Act; antitrust law

A

Used to jail employees

Eugene v. Debs (railway workers)

17
Q

EIP - Clayton Act

A

Clarified that the Sherman Act did not include labor collective agreements

Specifically prohibited injunctions between employers and employees UNLESS needed to prevent irreparable injury

18
Q

EIP - Duplex Printing

A

Nullified parts of the Clayton Act, only exempted Labor Activities that were legal before the Act’s passage and only protected an employer from hurting its own employees, not protecting against national boycotts

19
Q

EIP - RLA of 1926

A

Laid the groundwork for NLRA

5 purposes:

(1) prevent interruption of service
(2) ensure the right of employees to organize
(3) provide complete independence of orgs. of both parties
(4) assist in prompt settlement of disputes over rates of pay, work rules, or working conditions
(5) assist in prompt settlements of disputes/grievances over the interpretation of existing K

20
Q

EIP - Norris LaGuardia Act (1932)

A

1) No courts can issue a restraining order or permanent injunction from a labor dispute except in conformity with the act

2) attempt to create laissez-faire system for labor disputes with the federal government (not hindering or fostering emp. orgs.)

FDR passed something similar

21
Q

EIP - National Industrial Recovery Act (1933)

A

1) Employees have the right to collectively bargain with their elected reps free from interference, restraint, or coercion of employees

2) No employee seeking employment shall be required to join a a company union or be prohibited from joining one

  • Declared unconstitutional - Scheeter Poultry v. US
22
Q

LIP - Wagner Act (1935)

A

Created the NLRB and NLRA

23
Q

Section 7 of NLRA

A

Guarantees employees have the right to self-organization, to form, join, or assist labor organizations

To bargain collectively through reps of their choosing

engage in concerted activities for the purpose of collective bargaining or other mutual aid and protection

24
Q

NLRA Section 8 - Prohibits these Labor Practices

A

1) interfering with, restraining, or coercing employees in the exercise of their rights (including freedom to join or organize labor orgs and to bargain collectively for wages/collective bargaining)

2) controlling/interefering with the creation or admin of labor orgs.

3) discriminating against (firing) employees who file charges or give testimony under the NLRA

4) discriminating against employees to discourage/encourage support for a labor org.

5) refuse to collectively bargain with reps

25
Q

Section 9 - NLRA

A

Elections

Representative is voted in by a majority becomes the representative of all the employees in that unit

Only people part of the unit can vote

26
Q

NLRB Functions

A

1) designates legal structure for the formation and decertification of unions/conducting elections

2) investigate charges by workers and employers

3) encourages agreements without adjudication

4) conducts hearings and decides on cases not settled in mediation

5) collective bargaining framework

6) Covers employers in interstate commerce

7) guarantees right to organize

27
Q

Taft Hartley Act of 1947

A

Limits the unions because legislation believed they became too powerful

Allows workers to not be in union and decertify if they are unhappy with them

28
Q

8(B) of Taft-Hartley Act

A

(1) prohibits unions from interfering with employees’ section 7 rights

(2) makes it unlawful to cause an employer to discriminate against an employee in violation of 8(a)(3) - close shops illegal

(3) imposes an obligation on unions to collectively bargain

(4) secondary boycott prohibition

(5) no excessive dues

(6) prohibited from featherbedding or causing an employer to pay for work not performed

29
Q

8(C) of Taft-Hartley Act

A

Free Speech Clause - expression of views, arguments, and opinions were not evidence of a ULP absent threat of reprisal/promise of benefit

30
Q

8(D) of Taft-Hartley Act

A

Duty to bargain collectively is a mutual obligation and they must meet in good faith

60 day cooling off period to terminate/modify

31
Q

Landrum Griffin Act (1959)

A

Democratize labor unions

32
Q

US v. Hutcheson

A

The Clayton and Norris-LaGuardia Acts exempt specified labor activities from federal antitrust laws

33
Q

Labor-Management Reporting and Disclosure Act of 1959

A

Grants certain rights to union members and protects their interests by promoting democratic procedures within labor organizations

(b o r, reporting requirements, election standards, etc.)

34
Q

Janus v. Am (free rider program)

A

Reps of a union represent all employees, including those who do not pay dues

Labor Law (6 decks)

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