EXAM II Industrial Legislation
EXAM II Industrial Legislation 4490
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This 5 page Study Guide was uploaded by Anna Notetaker on Saturday March 5, 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 53 views. For similar materials see Industrial Relations Legislation in Law at Middle Tennessee State University.
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Date Created: 03/05/16
BLAW Notes NLRA Section 7: o Employees shall have the right to form, join, or assist labor organizations. o Bargain collectively through representatives of their own choosing o Engage in other concerted activities for the mutual aid or protection or collective bargaining. 8(A) Interference, coercion, or restraint of employees’ Section 7 (1) rights 8(A) Creating employer “union” action committees (2) 8(A) Discharge/discriminate (union) in employment ie hiring, (3) deny promotion 8(A) Discharge/discriminate against employees for filing (4) charges/testimonies 8(A) Failure to bargain in good faith (5) Cheat sheet for Employer ULP: o Threats and interference in union activity violate Section 8(A)(1) o Discharges and suspensions violate Section 8(A)(1) and 8(A)(3) o Unilateral changes of the CBA, refusal to supply information – Section 8(A)(1) and 8(A)(5) o Retaliation after file ULP/Testify 8(A)(1) and 8(A)(4) The expressing of any views, argument or opinion… shall not constitute or be evidence of an unfair labor practice under any of the provisions of this Act, if such expressions contains no threat of reprisal or force or promise of benefit. An employer is free to state only what the employer reasonable believes will be the likely economic consequences of union that are outside employer’s control. Reasonable belief = economic consequence Captive Audience – 24 hour rule – employers cannot make speeches to workers on company time within 24 hours of an election. NLRB Looks at: o Motive – if purpose to chill unionism in any of the remaining plants or avoid unionization o Economics – if truly an economical reason o Violations: 8(A)(1) and 8(A)(3) 8(A)(1) Violations: o Granting wage increases deliberately timed to discourage employees from forming or joining a Union. o Promising benefits to employees to discourage their Union support. o Promising to reward employees for aid in campaigning against the Union o Promising improved working conditions if the Union is defeated. Law – Section 7 does not require nonemployee be granted access except rare – when employees are not accessible through usual channels. An employer may place only “reasonable restrictions” on the soliciting activities of employees. Employee soliciting activity may be limited to nonworking areas such as cafeterias, restrooms, or parking lots and nonworking times. Employer cannot conduct surveillance of employee activities, or even creating the impression or 8(A)(1) violation. Section 8(A)(3) makes it an unfair labor practice for an employer to discriminate against employees “in regards to hire or tenure of employment or any term or condition of employment” for the purpose of encouraging or discouraging membership in a labor organization. Section 8(B) makes it illegal for unions to be engage in the following conduct o Restrain or coerce employees in the exercise of their rights under Section 7 Weingarten Rights are when the employees have right under Section 7 to have a union representative present during questioning by employer in actions that may result in probable disciplinary action against the employee. o Employees must request. Case law since 2009 – does not apply to non-union plants. The courts have gone back and forth on this issue. Chapter 15 NLRA Section 8(D) defines “to bargain collectively” as “the performance of the mutual obligation of the employer and representation of the employees to meet at reasonable times and confer in good faith with respect to wages, hours and other terms/conditions of employment. The requirement for good faith bargaining is that the parties enter negotiations with “an open and fair mind” and “a sincere purpose to find a basis of agreement” Impasse: a deadlock in negotiations It is not a violation of the duty to bargain if the union or the company takes a stance relating to wages, hours or terms/conditions of employment. CBA is going to expire – the party seeking to begin negotiations must give notice of desire to bargain at least 60 days prior to the expiration of the collective agreement. Any existing agreements must be kept in effect for 60 days from giving notice, or until its expiration date (whichever occurs later). Strikes and lockouts are prohibited during the 60 day notice period. Employers must provide some financial information if the union demands it, if the employer does not provide it, it is an 8(A)(5) violation. What are mandatory bargaining subjects: o Matters that vitally affect the terms and conditions of employment of employees in the bargaining unit; the parties must bargain in good faith over such subjects o The NLRB and the Court have broadly interpreted the matters subject to mandatory bargaining as being related to “wages, hours, terms and conditions of employment” Mandatory Permissible Wages, Hours of Employment, Benefits of RETIRED employees Overtime Pay Shift Differentials, Holidays, Settlement of unfair labor Vacations changes Severance Pay, Pensions, Continuance of past contract Insurance Benefits Profit-Sharing Plans, Christmas Employment of strike breakers Bonuses Job Performance, Drug Testing of employees o Section 8(D) prohibits any modifications or changes in a collective agreement’s provisions relating to mandatory bargaining subjects during the term of the agreement unless both parties to the agreement agree to such changes. o The NLRB may inquire into the motive behind a partial closing under Section 8(A) (3). o Before impasse, unilateral changes on mandatory issues are a per se (automatic) violation of the 8(A)(5) duty to bargain in good faith. o Once impasse, an employer may unilaterally enact the last offer. o Whether VN’s unilateral changes to mandatory bargaining subjects violate Secion 8(A)(1) and 8(A)(5) of the NLRA. VNS cannot make unilateral changes to mandatory bargaining subjects unless parties reach impasse. VIOLATION 8(A)(1) and 8(A)(5). o Impasse – Employer – Lock Out o Replacements – NFL Refs o Economic Strike – can hire permanent replacements o ULP Strike – cannot hire permanent replacements o Union – Strike o Economic Strike – can hire permanent replacements o ULP Strike – cannot hire permanent replacements o The Board cannot require the parties to reach an agreement; it can only require that the parties return the bargaining table and make an effort to explore the basis for an agreement. o The SCT said that the mere change of employers ownership does not affect the bargaining unit status. o
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