Notes Over Semester - Review from Monday Night
Notes Over Semester - Review from Monday Night 4490
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This 3 page Class Notes was uploaded by Anna Notetaker on Tuesday April 12, 2016. The Class Notes belongs to 4490 at Middle Tennessee State University taught by Prof. Susan Bradley in Spring 2016. Since its upload, it has received 9 views. For similar materials see Industrial Relations Legislation in Law at Middle Tennessee State University.
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Date Created: 04/12/16
Chapter 16: Economic Strike -The economic strike is an action taken for higher wages, shorter hours, better working conditions, health and welfare plans, etc. Employees CAN be replaced PERMANENTLY. 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) Section 8(b)(4) – secondary picketing –purpose of truthfully advising the public - union encourages the public or customers to not buy a certain product from a certain manufacture, but cannot tell others to not shop at a certain place that sells the product. Section 8(b)(7) – recognitional picketing – asking the company to recognize the union as the exclusive bargaining unit. It is a picketing that forces an employer to recognize a union as representative of its employees. Prohibits when: o There is another union o Been an election within 12 months Legal - Primary Picketing – peaceful picketing against the employer with which it has dispute: Peaceful picketing against the primary employer is a protected activity under the NLRA Even though primary picketing is intended to persuade customers to cease doing business with the primary employer, such picketing is allowed under Section 8(b)(4) as long as it is peaceful. o Kroger – Union in Disputer – Union Pickets Kroger Secondary Picketing – Union has dispute with a Purity diary Manufacturer. Purity sells its milk to Kroger and the Union pickets Kroger and tells the customers not to buy Purity. Union can picket Kroger to encourage the customers not to buy the milk, but they cannot tell them not to shop at Kroger. If this is done, it is a Section 8(b)(4) violation. o If the Union pickets the neutral employer, it may violate the 8(b)(4)(B) section. o If the NLRB holds the union’s picketing at a secondary location against primary employers, then it did not violate the section 8(b)(4)(B). The Burma Road entrance was used as a “reserved gate” system during strikes. The union legally permitted the pickets only at this gate. In this case, the union used all three entrances for picketing and engaged in secondary activity by unlawfully distributing pamphlets. In this case, the Union violated Section 8(b)(4) by targeting neutrals at other two gates. o If an employer is not neutral, it is performing work normally done by the workers of a primary employer, which are the ones on strike (ally doctrine). These independent employers are not protected by Section 8(b)(4) because they knowingly did work which would otherwise be done by the striking employers and was paid. Chapter 17 No Strike Clause: a provision in collective agreement by which the union agrees not to strike over disputes of interpretation of the agreement during the terms of the agreement. An arbitration is up to the UNION, not the EMPLOYEES. An arbitration is the settlement of disputes by a neutral adjudicator chosen by the parties. They give up right to strike or a lock out during this time. Arbitrators commonly rely heavily on past practices or how other employees are treated in the same situation. Duty of Fair Representation: the union has the duty to represent all bargaining unit employees without discrimination, fairly, impartially, and in good faith. The court held against “arbitrarily ignoring a meritorious grievance or processing it in a perfunctory manner; fraud, deceit, or in bad faith. Section 301 of the LMRA provides the basis for an employee’s right to sue the employer for violation of a CBA and the employer for discharging them. You must sue the UNION and the Employer under the Section 301 and you only have 6 months to file with the LMRA.
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