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40 Cards in this Set
- Front
- Back
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What are the 4 ways for a Union to become employee representatives?
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1) election. 2) voluntary recognition & proof of majority support. 3) recognitional picketing (employer can insist on immediate election). 4) NLRB order.
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What are the 3 laws that make up the NLRA?
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Wagner Act, Taft-Hartley Act, and Landrum Griffin Act.
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Republic Aviations Corps v. NRLB (Sec 8.1)
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Employers can't promulgate and enforce a rule prohibiting union solicitation by an employee outside of working hours, even if on company property.
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Beth Israel (Sec 8.1)
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Hospitals are allowed to ban solicitation in areas strictly devoted to patient care, but require that it be allowed in other areas unless evidence that it would disrupt patient care.
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NLRB v. Health Care and Retirement Corp (Sec 8.1)
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Union solicitation by supervisor is inherently coercive, absent mitigating circumstances
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NLRB v. Magnavox (Sec 8.1)
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Union does not have the power to waive the normally applicable solicitation and distribution rights of employees.
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Martin Luther Memorial Homes v. NLRB (Sec 8.1)
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Work rules: does the rule explicitly restrict Sec 7 activities? Would the employees reasonably construe the language to prohibit Sec 7 activities, or was it promulgated in response to union activities? UNLAWFUL
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Lechmere v. NLRB (company property)
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Only employees have rights under NLRA. The employer does not have to allow Union reps onto property unless there's no other access to employees.
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Excelsior Underwear v. NLRB (pre-election)
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Employer must file w/ NLRB Regional Director an election eligibility list w/ names/addresses of all eligible voters. RD will make info available to all parties.
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NLRB v. Gissel Packing Co. (pre-election speech)
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Employer can communicate general views to employees, but no "threat of reprisal or force or promise of benefits."
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pre-election speech of employer re $$ impacts
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An employer is free only to say what he reasonably believes will be the likely economic consequences of unionization that are OUTSIDE of his control. There must be objective proof of the assertion for it to be reasonable.
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Midland National Life Insurance v. Local 304 United Food and Commercial Workers (factual misrep in pre-election)
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Substance is irrelevant, so long as an employee can tell it's propaganda. If the statements are in forged documents that no voter could recognize as propaganda, then the party has engaged in deceptive practices preventing an informed choice by the employee.
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inflammatory appeals (pre-election)
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Use of racial information in electoral propaganda which has no purpose but to inflame racial feelings of votes is not tolerated.
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NLRB v. Lorben Corp (interrogations)
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Interrogations are unlawful if it interferes with, restrains, or coerces employees in the particular instance.
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IUOE Local 49 v. NLRB (polling employees)
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Polling of employees by the employer violates Sec 8(a)(1). Can be rebutted if used to prove union's majority claim, assurances against reprisal are given, secret ballot, and no coercive atmosphere or unfair labor practices.
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Can an employer poll employees while an election is pending?
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NO! That's a per se violation.
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NLRB v. Exchange Parts Co (benefits prior to election)
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New benefits, or announcement of new benefits, are prohibited if given w/ express purpose of impinging on freedom of choice of employees, or calculated to have that effect.
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NLRB v. Savair (waiving initiation fee)
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A union cannot waive the initiation fee for employees to vote for the union prior to election = buying votes and creates fear of union reprisal for nonunion workers.
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Sec 8(a)(2) - domination
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Sec 8(a)(2) forbids employers from dominating, assisting, or interfering with the formation or administration of any labor organization.
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International Ladies Garment Workers v. NLRB (non-majority)
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An employer cannot recognize a union and sign an MOU w/ that union unless they can show they have majority support (before recognition), especially when >1 union fighting for control.
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Grossman v. Bruckner Nursing Home (competing unions)
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There is no Sec 8(a)(2) violation when a company recognizes a labor org w/ uncoerced and unassisted majority support as long as an election petition has not been filed.
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Budd MFG v. NLRB (discharge)
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A company's failure to terminate for patently poor performance until the employee joined a union shows that he was fired for joining the union, and not the poor performance. = violation
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Muelle Brass v. NLRB (discharge)
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If the misdeed by the employee is so flagrant that he would have been fired anyway, then firing is legal regardless of union activity.
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Overly-harsh discharge
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If the firing was overly harsh then the employer must not have actually been motivated by business considerations and the stated purpose is a pretext for antiunion activity.
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Proving valid termination
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The employer must show that past similar actions always resulted in termination. Can also show company policy covering the situation and it required termination. If unique, can show that action is so bad it would result in immediate termination.
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Duty to bargain: Memorandum of Understanding (MOU)
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The MOU overrides individual contracts. The MOU may allow individual contracts which provide for above the minimum, but the MOU sets the minimum.
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Duty to bargain: employer communication to employees
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Once a proposal has been made to the union, the employer is permitted to inform the employees of the proposal and the reasons given to union. It must be informative and accurate, no disparaging or inaccurate comments.
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Must an employer give in to all proposals/concessions?
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No, but an employer cannot give in to none. If an employer makes an affirmative statement (can't provide a raise, not enough $$), they have to back it up with proof (show the books).
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Economic weapons during negotiation
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The general rule is that any question that the union asks about bargaining unit employees is presumptively relevant and has to be answered. Questions about non-unit members are presumptively irrelevant.
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unilateral changes by the employer
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Unilateral changes circumvent the duty to negotiate regardless of whether the change violated good faith.
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Boulware-ism (rule on impasse)
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Once the parties have reached a COMPLETE impasse after good faith bargaining, the employer can implement its final offer.
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NLRB order
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Has the power to order an employer to allow a union if they committed unfair labor practices.
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NLRB certification
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Certifies the union to represent the employees for a minimum of 1 year
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NLRB
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National Labor Relations Board
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Section 7
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Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all of such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in Section 8(a)(3).
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Section 8(a)(1)
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It shall be an unfair labor practice for an employer - to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in Section 7.
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Section 8(a)(2)
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It shall be an unfair labor practice for an employer - to dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it: ... an employer shall not be prohibited from permitting employees to confer with him during working hours w/o loss of time or pay
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Section 8(a)(3)
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It shall be an unfair labor practice for an employer - by discrimination in regard to hire or tenure of employement or any term or condition of employment to encourage or discourage membership in any labor organization.
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Section 8(b)(1)(A)
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It shall be an unfair labor practice for a labor organization or its agents - to restrain or coerce employees in the exercise of the rights guaranteed in Section 7
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Section 8(c)
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The expressing of any views, argument, or opinion, or the dissemination thereof, whether in written printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under any of the provisions of this Act, if such expression contains no threat of reprisal or force or promise of benefit
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