Chapter 23: Labor LawChapter 23: Labor Law

• Industrial Relations Spring

• Econ 4490

• Blaw 4490

• Mgt 4490

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What is a unionWhat is a union

• A union -group of workers who choose representatives (a union) to negotiate with the employer about wages, work hours, benefits, workplace health and safety, and other work-related issues which is contained in the collective bargaining agreement and applies to all employees who are in a union.

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What is a CBAWhat is a CBA

• CBA – Contract between the employees represented by the union and the employer

• Examples – NFL, NHL, NFL Referees Association

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–Under the US Constitution Supremacy Clause, FEDERAL law takes precedence over state law or local ordinances

Hierarchy of a Union

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Union Heirarchy – like big companiesUnion Heirarchy – like big companies

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International officeInternational office

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Make up of a Union - Make up of a Union -

–Local 1853 represents workers a GM Spring Hill – 6200 members and 520 retirees

– Local 1929 also represents 52 child care workers at the UAW-DaimlerChrysler Child Development Center located near the plant.

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Typical Local Office Typical Local Office

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•Labor Laws

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NLRANLRA

• Private-sector employers and their employees.

Employers who affect:

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National Labor Relations ActNational Labor Relations Act• Section 7 of the NLRA protects all the

following:

• a. the right to form/join a union

• b. the right to negotiate a cba

c. the right to engage in concerted activities for mutual aid and protection

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NLRA

3 significant objectives:

1.Allowed employees to vote to be represented by a union

2. protect union discrimination and rights

3. Created the NLRB to enforce the law

NLRANLRA

• The right to engage in concerted activities for mutual aid and protection

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NLRA Section 7NLRA Section 7

• What does “concerted activity” mean

• Who is covered under “concerted activity”

• Engaged "in” or “with the authority or behalf of”

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• FACTS-

• A construction contractor fired five employees after several of them appeared in a YouTube video complaining of hazardous working conditions.

• 1. What law• 2. Where file

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Examples Section 7 rights: Examples Section 7 rights:

© 2008 Cengage Learning. All rights reserved.3–18

An employee speaking to an employer on behalf of a group of co workers about improving workplace conditions

A medical technologist at the center was fired for discussing bonuses with other employees.

Real Case- Section 7 rights: Real Case- Section 7 rights:

FACTS – Employee posted on FB: "They [the employer] are full of !@@ ... They seem to be staying away from me, you know I don't bite my [tongue] anymore, [@!@!]...FIRE ME. ...Make my day... .“

No other current employees participated in this portion of the conversation.

ENFORCEMENTENFORCEMENT

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Union Law and CasesUnion Law and Cases

• Very unique – does not start in court even though a federal law

• Goes to NLRB

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© 2011 Cengage Learning. All rights reserved.3–22

National Labor Relations Board (NLRB)National Labor Relations Board (NLRB)

Like a court system

Main office – Washington DC

50 offices

ALJ to hear cases

Closest Office in Nashville

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The Decision to Form or Select a UnionThe Decision to Form or Select a Union

• Preliminary Organizing.– To see if support for a union– Several meetings

• Who gets to vote for union

• Who gets to be in the union?

Employees Employees

1. Employees Not in Union – Supervisors/Managers

– Confidential Employees

– Plant guards

– Independent contractors

– Individuals covered by the Railway Labor Act/ Airlines

– Public-sector employees

Who is a Supervisor Who is a Supervisor

• Section 2(11) test : Can they hire, fire, assign work, direct the workforce, discipline

• independent judgment NOT just make recommendations.

In Common!!!!In Common!!!!

2. Must have a COMMUNITY OF INTEREST:

•1. Job similarity

•2. Geographically

Bargaining UnitBargaining Unit

• Look at job – not person

• For example, if Wilma retires, and her former position as machinist is then filled by Sam, the bargaining unit does not change—only the people.

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• Under the NLRA a union can be representative

• 1. NRLB conducted secret ballot election; or

• 2. by voluntary recognition by company – where the union presents authorization cards showing majority of the employees in the proposed bargaining unit want the union to be their exclusive bargaining representative.

• VW Plant

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Voluntary RecognitionVoluntary Recognition• A union that has over 50% signed

authorization card can be recognized as the employees representative by card check if employer allows.

• An employer can refuse to accept the results of a card check election and require a secret ballot election.

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Filing the petition for electionFiling the petition for election

Then union takes cards to NLRB in Nashville and “petition” for an election.

What percent? – over 30 percent

An elections is held somewhere between the next 30 to 60 days.

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• Petition filed – 60 days until election

• Both sides campaign for or against– If break law campaigning - call ULP– ULP – file with

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CAMPAIGNCAMPAIGN

• If either side violates NLRA during campaign, it is an ULP which is filed with the National Labor Relations Board

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CampaignCampaign

• Employer tells union they cannot hand out brochures during lunch but let employees hand out brochures regarding cancer.

• Legal?

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Examples of Employers ViolationsExamples of Employers Violations

Threatening employees with loss of jobs or benefits if they should join or vote for a union.

Spying on union gatherings, or pretending to spy.

Handing out “pro employer” cups to see who takes them

•DISCRIMINATION

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Employer cannot discriminateEmployer cannot discriminate

Employer cannot1.Discriminate, in hiring, firing or in employment with regard to membership in a union or pro or anti union.

2.Where go to file discrimination?

Examples of ULPExamples of ULP

• Discharging employees because they urged other employees to join a union.

• Writing up employees who support a union

• Denying promotions because employee supports a union.

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Election DayElection Day

• Laboratory Conditions – during the election, no campaigning

• NLRB representative watches• Company and union get one

person to watch

ElectionElection

What percentage to win? Over 50%

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If Union voted inIf Union voted in

• Union employees elect the Bargaining Committee (Executive Board)

• So they can negotiate CBA

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Collective BargainingCollective Bargaining

• CBA -

• Process - terms and conditions of employment..

Must negotiate in good faith, but the law does not require that they reach an agreement.

BargainingBargaining

• If both sides cannot agree – Impasse

• Employer – NHL, NFL

• Union -

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Strikes and LockoutsStrikes and Lockouts

• Impasse –

• Union strikes OR

• Employer locks out employees

• Employer can hire replacement workers (often called “scabs). Often times, the ER and U agree to bring back the “old” employees as part of the negotiations.

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LockoutsLockouts

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

• When an employer believes a strike is imminent.

• NFL, NHL locked out by owners.

Right to work lawRight to work law

• Right to work laws – do not have to join union if do not want to get the benefit of the CBA

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Decertification ElectionsDecertification Elections

• If employees do NOT want a union anymore, they file a decertification elections to end union

• Maybe they want a different union or none at all.

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