Immigration Reform and Control Act: makes it illegal to hire, recruit, or refer for a fee, someone not authorized to work in the U.S. I-9 Verification:

Immigration Reform and Immigration Reform and Control Act: Control Act: makes it illegal to makes it illegal to hire, recruit, or refer for a fee, hire, recruit, or refer for a fee, someone not authorized to work someone not authorized to work in the U.S.in the U.S.I-9 Verification: for new hires.Enforcement: by I.C.E. Penalties.

© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 2

Immigration Reform and Immigration Reform and Control Act (cont’d):Control Act (cont’d):Criminal Actions: ICE can seek

criminal punishments. CASE 23.1 Trollinger v. Tyson Foods, Inc. (2007). Why did the court dismiss the RICO claim?

Penalties for employers.Discrimination.


The Immigration Act pThe Immigration Act places laces caps on the number of visas caps on the number of visas that can be issued to that can be issued to immigrants every year.immigrants every year.I-551 Alien Registration Receipts.The H-1B Visa Program.Labor Certification.H-2, O, L, and E Visas.


Norris-LaGuardia Act: Norris-LaGuardia Act: protects protects peaceful strikes by limiting the peaceful strikes by limiting the injunction powers of federal injunction powers of federal courts.courts.

National Labor Relations Act: National Labor Relations Act: establishes the right of workers establishes the right of workers to strike and engage in collective to strike and engage in collective bargaining. Established NLRB.bargaining. Established NLRB.


Labor Management Relations Labor Management Relations Act: Act: prohibits certain unfair union prohibits certain unfair union practices such as closed shops. practices such as closed shops. Allowed individual states to pass Allowed individual states to pass right-to-work laws.right-to-work laws.

Labor-Management Reporting Labor-Management Reporting and Disclosure Act: and Disclosure Act: hot cargo-hot cargo-agreements, secondary boycotts.agreements, secondary boycotts.


Preliminary Organizing.Preliminary Organizing.Workers sign authorization cards.Cards can justify an election.

Appropriate Bargaining Unit.Appropriate Bargaining Unit.Mutuality of Interest among all

represented workers.Job Similarity.Nonmanagement Employees.


Union Election Campaigns.Union Election Campaigns.An election can be held only if it can be shown that at least 30% of the workers will be represented.

Key Restraint on management is nondiscrimination rule (cannot selectively prohibit union solicitation).


Management Election Management Election Campaigns.Campaigns.NLRB regulates the rights and

obligations of employers and workers in the election process.

Each side can pursue their objectives, but cannot interfere, beyond certain limits, in the other’s activities.


Case 23.2 Case 23.2 Local Joint Local Joint Executive Board of Las Executive Board of Las Vegas v. NLRBVegas v. NLRB (2008). (2008). Were Were the activities of Ms. Sapien and the activities of Ms. Sapien and Ms. Briand ‘illegal surveillance’ Ms. Briand ‘illegal surveillance’ that violated the National Labor that violated the National Labor Relations Act?Relations Act?


Collective bargaining is the Collective bargaining is the process by which process by which management and labor management and labor negotiate the terms and negotiate the terms and conditions of employment. conditions of employment.


The NLRB will certify an The NLRB will certify an exclusive bargaining agent exclusive bargaining agent for labor.for labor.

Both labor and management Both labor and management must bargain in good faith, must bargain in good faith, but the law does not require but the law does not require that they reach an that they reach an agreement.agreement.


Terms and Conditions of Terms and Conditions of Employment: Employment: Pay, Safety conditions, Insurance,

Pensions. Closing or Relocating a Plant:Closing or Relocating a Plant:

Severance Pay.Management must bargain over the

economic consequences of moving.


Party’s actions show good (or Party’s actions show good (or bad) faith.bad) faith.

Examples of bad faith:Examples of bad faith:Engaging in a campaign among

workers to undermine the union.Constantly shifting positions on

disputed contract terms.Sending bargainers who lack authority

to commit the company to a contract.© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 14

There are two forms of strikes: There are two forms of strikes: Economic Strikes.

These are strikes over wages. Workers can be replaced by permanent replacements.

Unfair Labor Practice Strikes. Alleging the employer has committed an unfair labor practice.


Secondary Boycotts.Secondary Boycotts. Common Situs Picketing.Common Situs Picketing. Hot-Cargo Agreements.Hot-Cargo Agreements. Wildcat Strikes.Wildcat Strikes. Strikes that Threaten National Strikes that Threaten National

Health or Safety.Health or Safety. Strikes that Contravene No-Strikes that Contravene No-

Strike Clauses.Strike Clauses.© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 16

Generally, an employer has Generally, an employer has the right to permanent the right to permanent replacements (striking workers replacements (striking workers are not guaranteed a job).are not guaranteed a job).But if the employer has not hired

replacements, then it must rehire the strikers to replace open positions.


Occurs when the employer Occurs when the employer shuts down to prevent shuts down to prevent employees from working.employees from working.

When an employer believes a When an employer believes a strike is imminent.strike is imminent.

Lockouts may be a legal Lockouts may be a legal employer response.employer response.


Employer’s Refusal to Employer’s Refusal to Recognize Union and Negotiate.Recognize Union and Negotiate.Presumption of Employee Support.Questions of Majority Support.

Employer’s Interference in Employer’s Interference in Union Activities.Union Activities.No threats, or even asking

employees about their views.


Employer’s Domination of Employer’s Domination of Union.Union.

Employer’s Discrimination Employer’s Discrimination Against Union Employees.Against Union Employees.

Union’s Unfair Labor Practices.Union’s Unfair Labor Practices.Coercion.Discrimination.Other Unfair Practices.


Concerted Activity.Concerted Activity. CASE 23.3 NRLB v. Hotel

Employees and Restaurant Employees International Union Local 26, AFL-CIO (2006). Do you agree with the court that Johnson was a “pest”?

Safety.Safety.


Documents

Immigration Reform and Control Act: makes it illegal to hire, recruit, or refer for a fee, someone not authorized to work in the U.S. I-9 Verification: