Labor Law

Front 1

why unions formed

Back 1

1. worker make more money
2. protection of rights
3. keep peiple from arbitrary dismissal
4. benefits 5. dignity

Front 2

economic dependence theory

Back 2

employer has much more power than individual worker and the solution is to let the ind. bargain collectively

Front 3

free rider problem

Back 3

why would someone pay dues if they will automatically be covered by the union

Front 4

agency shop (public sector)

Back 4

a collectively bargained agreement bt the 2 parties that all workers in bargaining unit will contribute the equivalent of dues to union or charity

Front 5

union shop

Back 5

a collectively bargained agreement bt the 2 parties that all workers in bargaining unit will join the union and pay dues within 60 days enforced by employer

Front 6

closed shop

Back 6

requirement to join union before one can be hired - unlawful since taft hartley act but construction still does this through apprenticeship

Front 7

local

Back 7

lowest level of international union

Front 8

international

Back 8

collection of all locals that provides support

Front 9

labor council

Back 9

specific collection of local unions in an area usually a city

Front 10

international representative

Back 10

employee of int union who is assigned to certain geographic area to represent all workers

Front 11

local union president

Back 11

chief elected officer of the local

Front 12

federation

Back 12

collection of internationals

Front 13

AFL-CIO

Back 13

largest union federation

Front 14

strike

Back 14

an action over a contract disagreement

Front 15

boycott

Back 15

organized campaign to prevent consumer from buying a particular product

Front 16

bargaining unit

Back 16

collection of workers on a work site which a union represents
ex: production + maintenance
- a community of interest

Front 17

collective bargaining

Back 17

process by which a union and employer jointly decide on the terms and conditions of employment

Front 18

bargainint agent

Back 18

a union or an association that acts as a union

Front 19

collective bargaining agreement

Back 19

contract

Front 20

arbitration

Back 20

submission of a dispute arising under the terms of the labor agreement to a neutral for final and binding determination - creates contract

Front 21

grievance arbitration (voluntary binding arbitration

Back 21

submission of a dispute arising under terms of an already agreed to collective bargaining agreement - enforces contract

Front 22

compulsory arbitration

Back 22

decision by neutral about terms of the contract; the parties call in neutral to decide terms of contract when they have reached an impasse, cannot reach agreement and the decision is binding, usually setup by state gov for police, and fire

Front 23

final offer arbitration

Back 23

can only choose bt the two final offers in order to drive parties together

Front 24

mediation

Back 24

process by which a neutral goes between the two parties, arguin and cajoling them to a mutually agreeable contract; the neutral cannot decide the terms of the contract

Front 25

fact finding

Back 25

primarily used in public sector and authorized by state public sector law; neutral does not firmly decide on contract erms but renders a non binding but public decision which will become the basis of what parties agree to

Front 26

what do arbitrators do?

Back 26

get the facts, decide relevance, apply to terms of contract

Front 27

NLRA section 7

Back 27

right to act or not act as a group - right to concerted activity

Front 28

8(a)1

Back 28

employer ULP - interferance + discrimination

Front 29

8(a)3

Back 29

discharge bc of union

Front 30

8(a)5

Back 30

employer cant refuse to bargain

Front 31

8 (d)

Back 31

bargain in good faith

Front 32

8(b)1 (a)

Back 32

union ulp - interferance and discrimination

Front 33

8(b) 3

Back 33

union cant refuse to bargain

Front 34

Taft Hartley

Back 34

outlaws mass picketing, the secondary boycott, close shop and allow "right to work" laws

Front 35

Landrum-Griffin '59

Back 35

act against union corruption by making them file more financial forms than businesses and enforces union democracy that unions can be held on local or int levels

Front 36

FLSA

Back 36

Fair Labor Standards Act protects children + min wage

Front 37

CRA

Back 37

Civil rights act protects based on race, color, religion, gender, nationality

Front 38

OSHA

Back 38

Occupational Safety and Health Act - creates a safe workplace

Front 39

DFWA

Back 39

Drug-free workplace Act - requires any company performina a federal contract to certify that it intends to provide a drug-free workplace

Front 40

ADA

Back 40

Americans w Disabilities Act protects workers w disabilities

Front 41

FMLA

Back 41

Family and Medical Leave Act - protects workers w a new born or those w illnesses or illnesses of close family members

Front 42

ADEA

Back 42

Age Discrimination in Employment Act - protects age discrimination

Front 43

lawful 8(a)5

Back 43

1. lack of movement
2. stubborn stickiness
3. failure to reach an agreement
4.cancel meeting
5. slowness in responding

Front 44

unlawful

Back 44

1. surface bargaining
2. take it or leave it bargaining
3. failure to sign
4. unilateral change
5. refusal to meet
6. no proposals or counter proposals
7.categorical refusal to discuss something
8. failure to provide info

Front 45

Terkel

Back 45

euphemistic names are given to workers by employers for instance the patients representative at a hospital actually collects bills from the patients therefore representating the hospital not the patient

Front 46

shipler

Back 46

working poor - horrible conditions, sweatshops still in the US

Front 47

zweig

Back 47

class divisions based on power