Labor Relations Law Midterm # 2 Ch9

Front 1

Fact-Finding

Back 1

A semi-judicial process used primarily in the public sector to gather facts about a labor dispute for the purpose of publishing a public report containing the fact-finder's conclusions and often recommended terms of settlement

Front 2

Interest Arbitration

Back 2

Involves the selection of a neutral person or panel to hear the bargaining positions of the parties and make a final and binding decision on what should be included in a negotiated agreement

Front 3

Federal Mediation and Conciliation Service (FMCS)

Back 3

independent federal agency charged with helping to prevent or minimize labor disputes by providing mediation, conciliation, and voluntary arbitration services

Front 4

Conventional Interest Arbitration

Back 4

Arbitration procedure where the arbitrator can select either party's proposal or some compromise settlement terms between or beyond those proposed by the parties themselves

Front 5

Final-Offer Total Package (FOTP)

Back 5

Form of interest arbitration that restricts an arbitrator's authority to settle an interest dispute by requiring the selection of either the employer's or union;s final proposal on all issues in dispute

Front 6

Final-Offer Issue by Issue (FOIBI)

Back 6

Form of interest arbitration where the arbitrator is restricted to selecting either the union's or employer's final proposal on each separate issue in dispute

Front 7

Mediation-Arbitration (med-arb)

Back 7

A third party neutral selected by the bargaining parties will first function in the role of a mediator attempting to encourage the parties to make a voluntary settlement. If no settlement occurs, the third party neutral then switches hats to become an arbitrator empowered by the parties to make a final and binding decision to resolve the parties' interests disputes

Front 8

Strike

Back 8

A temporary work stoppage by a group of employees for the purpose of expressing a grievance or enforcing a demand

Front 9

Primary Employer

Back 9

The employer with whom the striking employees have a dispute and the employer who has the ability to end the dispute by agreeing to employees' proposed settlement terms

Front 10

Lockout

Back 10

A temporary work stoppage caused by an employer's withdrawal of employee's opportunity to work for the purpose of enforcing a bargaining demand or minimizing the employer's potential loss should employees control the timing of a work stoppage by initiating a strike

Front 11

Unconditional Request for reinstatement

Back 11

A locked-out employee always has the right to return to work at any time during the lockout by notifying management of the employee's voluntary acceptance of the employer's proposed terms and conditions of employment

Front 12

Economic Strike

Back 12

A strike that began over a wage dispute

Front 13

Unfair Labor Practice Strike

Back 13

A strike that began over an unfair labor practice

Front 14

Wildcat Strike

Back 14

A strike which occurs in violation of an existing no-strike clause in a labor agreement and often without the approval or prior knowledge of union officials

Front 15

Sympathy Strike

Back 15

Work Stoppage by employees who have no dispute with their own employer but are striking to support another bargaining unit of their employer or a union representing employees at another employer

Front 16

Jurisdictional Strike

Back 16

Involves a dispute between two or more unions over the assignment of work

Front 17

Voluntary Employee's Beneficiary Association (VEBA)

Back 17

A trust controlled by the union who will use the funds' earnings to finance medical and prescription drug benefits for current and future retirees

Front 18

Preferential Recall List (Laidlaw-Fleetwood Doctrine)

Back 18

List that striking employees have the right to be put on that requires the employer to fill any permanent vacancy occurring in a bargaining unit position thereafter by firs offering the job to a qualified individual on the preferential recall list

Front 19

Serious Strike Misconduct

Back 19

Employees that engage in an unlawful strike during an otherwise lawful strike forfeit their normal rights to reinstatement

Front 20

Secondary Employer

Back 20

An employer with no direct authority to resolve the labor dispute that may become involved in a labor dispute wither voluntarily or involuntarily

Front 21

Business Ally

Back 21

A secondary employer who knows or reasonably should have known that engaging in certain conduct would aid a primary employer during a labor dispute is presumed to have voluntarily joined the labor dispute on the side of the primary employer and therefore can be subjected to the same lawful economic pressure tactics that employees could engage in regarding the primary employer

Front 22

Struck Work

Back 22

A secondary employer who agrees to perform work normally done by striking employees. The most common means of establishing business ally status

Front 23

Sympathy Striker

Back 23

A secondary employer's driver that fails to make a delivery to a struck employer's business is presumed to be acting in sympathy with the striking employees

Front 24

Common Situs Picketing

Back 24

Occurs at a location where a primary employer and one or more neutral, secondary employers are engaged in normal business operations at the same site

Front 25

Moore Dry Dock Doctrine

Back 25

Establishes guidelines for lawful picketing at a common site of a labor dispute. Picketing at a common site is lawful if: 1. The primary employer is present and engaged in normal business operations at the common site. 2. Picket signs must clearly identify the primary employer with whom the union has a labor dispute. 3. Picketing must occur at locations reasonably close to the primary employer's operations at the common site

Front 26

Reserve Gate Doctrine

Back 26

Permits entrances to a work site to be clearly marked for the exclusive use of either a primary employer or neutral, secondary employer and their employees, customers, and suppliers

Front 27

General Electric Doctrine

Back 27

Establishes the conditions under which a primary employer could lawfully establish a gate on the primary employer;s property reserved for the exclusive use of a neutral, secondary employer hired to preform some work for the primary employer during a labor dispute

Front 28

Product Picketing

Back 28

Lawful for the purpose of encouraging consumers to boycott the products or services of the primary employer involved in a labor dispute

Front 29

Merged Product Doctrine

Back 29

Exception to a union's right to engage in product picketing occurs if the product of the primary employer being struck and a neutral, secondary employer are so intertwined that it would be impossible for a consumer to boycott the primary employer's product without inducing a near total boycott of the neutral secondary employer

Front 30

Handbilling

Back 30

Where other forms of picket activity may be illegal, attempting to hand a written notice to boycott a product to an individual is allowed

Front 31

National Emergency Strikes

Back 31

Strikes that have substantial adverse impact on national economic or defense interests. Federal government uses three methods to deal with such strikes, 1. Presidential seizure or other intervention, 2. Procedures under the Railway Labor Act, 3. Procedures under the Labor Management Relations Act