Chapter 14 of Industrial Legislation
Chapter 14 of Industrial Legislation 4490
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This 3 page Class Notes was uploaded by Anna Notetaker on Saturday March 5, 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 46 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.