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Study Guide for Exam 1

by: Anna Notetaker

Study Guide for Exam 1 4490

Marketplace > Middle Tennessee State University > Law > 4490 > Study Guide for Exam 1
Anna Notetaker
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These are the notes from Chapter 12 and 13 as well as R case information
Industrial Relations Legislation
Prof. Susan Bradley
Study Guide
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This 3 page Study Guide was uploaded by Anna Notetaker on Wednesday February 10, 2016. The Study Guide belongs to 4490 at Middle Tennessee State University taught by Prof. Susan Bradley in Spring 2016. Since its upload, it has received 41 views. For similar materials see Industrial Relations Legislation in Law at Middle Tennessee State University.


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Date Created: 02/10/16
BLAW 4490 – Study Guide  Haymarket Riot (Labor Day) : May 1, 1886 was when a nationwide strike began that called for an 8 hour workday. Three days later the rally has held in Chicago’s Haymarket, protesting the violent police response to a strike by workers. When police moved in, someone threw a bomb that detonated in the mob. Then, the police shot fires. Several died and many wounded. (Labor Day in US is the first Monday of September).  Yellow-Dog Contracts : Employment contracts requiring employees to agree not to join a Union. Employers would get courts to issue injunctions to enforce Yellow-Dog Contracts.  Norris-La Guardia Act : Protection of Worker’s Basic Rights, stops courts from issuing injunctions against employees lawful non-violence concerted acts. Declared Yellow-Dog contracts illegal.  Labor-Management Relations Act (amended NLRA) : puts restrictions on Union, Allows “right to work” laws.  Right to Work Law – cannot require workers who receive the benefits of a collective bargaining agreements to join union and pay dues. Right to work laws say that unions must represent every eligible employee, whether he or she pays dues or not.  Tennessee is a right to work State.  Labor Management Reporting and Disclosure : laws regarding the internal workings of a Union.  Section 7 : Part of the NLRA. Protects the right to form/join a Union, the right to negotiate a CBA, and the right to engage in concerted activities for mutual aid and protection.  NLRA covers private employers and interstate commerce, but does not include the federal, state/county, or city gov. employees.  NLRA – Section 7 : allows collective bargaining through representatives of employees’ own choosing, and allows engagement in concerted activities for the purpose of collective bargaining or other mutual aid or protection.  Do Not Have To Be Union : two or more employees addressing their employer about improving their pay, two or more employees discussing work-related issues beyond pay, such as safety concerns, with each other and an employee speaking to an employer on behalf of co-workers about improving workplace conditions.  National Labor Relations Board ruled that a clothing company unlawfully terminated employees for criticizing store management on FB. The posts related to the store closing earlier so that workers would not have to walk through unsafe neighborhoods. The FB postings were complaints among employees as it related to their terms and conditions of employment and about management’s refusal to address the employee’s concerns. (mutual aid and protection)  Top of Pyramid to Bottom : International Office in Detroit -> Regional (11 UAW) TN Region 8 -> Local Union (16 in Region 8)  National Labor Relation Board Enforces the NLRA – You do not have to go to court under the NLRA and conduct elections include R Case Hearing.  R Case Hearing – The NLRB decides who is in the unit at a hearing called a Representation Case Hearing – NLRB Discretion.  Section 2 (3) excluded supervisors.  Secret Elections must have greater than 50 percent.  Authorization Cards requires 30 percent.  Forty-Eight-Hour Rule : Union has 48 hours to show NLRB regional office the 30% of cards after filing a petition requesting an election.  If over 50% of employees sign an authorization card requesting a union, the employer can voluntarily choose to waive the secret ballot election process and just recognize the union.  The NLRB can order an employer to recognize a union if over 50% have signed cards if the employer has engaged in unfair labor practices that make a fair election unlikely.  Election Bar Rule – No election while CBA in place.  If union lost election, no elections within 12 months by any union per NLRA.  Bargaining Unit – who is going to vote and who gets to be in the Union.  If both sides cannot agree who can vote in a union, the NLRB will decide who gets to vote and be in the union (NLRA Section 9 (b)) and it is called a RC Hearing (representation Case) – Class Example.  Supervisor Test (section 2 (11)) – anyone who has authority to hire, fire, suspend, layoff, recall, promote, transfer, discharge, recall, promote assign or reward, discipline or direct the work force or adjust their grievances, and requires the use of independent judgment.  It excludes supervisors, plant guards, confidential employees, and independent contractors.  The bargaining units should encompass all employees who share a community of interests regarding work conditions – similarity job functions, earnings, benefits, hours, qualifications, training, required skills, and supervision; production activities in close proximity, considerable interaction.  NLRB decides the bargaining unit and within 7 days of decision, employers must file within the NLRB and give to the Union an election eligibility list.  Excelsior list – the name and home address of all employees eligible to vote in the bargaining unit.  The eligibility date – an employee must be employed at the time of the election as well as during the payroll period immediately preceding the date that the election was ordered by the NLRB.  Twenty-Four-Hour Silent Period – no captive audience meetings by union or more often employer.  Election – NLRB agent supervises all of it. Both sides can have an observer.  Laboratory conditions – no campaigning during vote.  Employers cannot enter separate contracts with employees in bargaining units – ULP.  Either side has 5 days to file objections to elections with the NLRB.  Decertification of Bargaining Agent : To Remove Union – backwards – authorization cards (30%), election (over 50%), remember no election for 12 months after an election, issues re who votes when employees out of strike.


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