Labor Law Outline

Labor Law 12/4/2011 8:57:00 AM
 
2010 Union Membership
Total – 11.9% – 14.7 Million
Public – 36.2% – 7.6 Million
Private – 6.9% – 7.1 Million
 
Regulation seeks to have private autonomy as opposed to strict regulation
NLRA – idea that union and company can tailor CBA to address this particular work situation
 
Union Members – blue collar or white collar (mechanics, teachers, pilots, engineers, actors)
 
Protection and rights employees have to join an form union
What constitutes an appropriate bargaining unit
What are the proper subjects for collective bargaining
Looking at what are the required bargaining subjects
What constitutes bargaining in good faith
Use of economic weapons by employers and employees
 
Artisans had system of journeymen – independent person – same standing as employer would have, right to quit, terms and conditions of employment, price of goods
In early 1800s trade unions form by artisan journeymen seeking to avoid having too many people joining the trade, using union to establish the price of the work they were doing
Establish how work would be done and price – employers would have to abide by this since all journeymen were part of union
Government reaction to trade union was not favorable – sough to repress this activity – used criminal conspiracy law to keep down unions
Civil injunctions used on an effective basis to stop works from joining unions or combining to raise wages and establish certain working conditions
Effective tool – part of the reason that the injunctions were effective in breaking up trade activity because employer could meet with judge and injunctions stopped any movement of the workers. Courts favorable to employers than to workers
Judicial hostility towards works and unions
Classic examples of use of injunctions – Vegelahn v. Gunter Case
 
Veghelahn v. Gunter (1896)
·         Company seeking to enjoin workers who had gone on strike for higher wages, picketing in front of company
·         Employees had informational sign, picketing involves patrolling – one or two people doing this every business day from six to six
·         Purpose of picketing was to keep current employees from going to work, perspective employees and keep customers out
·         Majority of court held up issuance of broad injunction.  Majority determined that injunction should stand because
o   Employees were pursuing unlawful ends
o   Unlawful method means to their ends
·         Interfering with employers right to hire
·         Interfering with business operations
·         Unlawful means being used – threats of injury to the people who were crossing the picket line – direct threat is an unlawful means
o   Idea if you have a couple of union members patrolling in front of building asking people to not go inside intrinsic threat
o   Picket line is intrinsically intimidating and carries with it a threat of harm
·         Unlawful means – moral intimidation
·         Justice Holmes dissent
o   Persuasion is not illegal – persuasion only way union could gain strength
o   How do you enforce this kind of thing if you have people just having discussion outside
o   Looking at ends and looking to if union can be justified in interfering – not unlawful, example of business that goes into small town to compete with existing business in small town recognized as part of capitalism not something subject to injunction. Similar here union activities shouldn’t be seen as unlawful purpose “eternal conflicts …” always a struggle to pay less and get more even if the activities could injure the business shouldn’t be viewed as unlawful purpose
o   Not automatically intimidating
Plant v. Woods
·         Original large union and then had breakaway fraction
·         Smaller union went to work for company
·         Original union demanded company get workers to rejoin union
·         Company found this as a veiled threat
·         Court upheld injunction
o   Majority – employer shouldn’t be an interfered with when it is between
o   More because of objective – worried about them joining union than about wages, etc.
·         Justice Holmes dissent
o   Even though this is an outside union and even though they are not affiliated with this work place, legit goal on part of union because union was seeking to have everyone in the industry be members of same union so all of the employers would have to abided by terms union was bargaining for.  Wouldn’t be any painters who could under cut everyone and offer services at lower price because not paying union pricing.  Trying to organize everyone into larger union in order to be able to demand higher wages and better conditions was a legit goal in the struggle between capital and labor.
The Anti-Trust Acts
·         In the middle of 1800s saw the rise of some larger labor unions.
·         Knights of Labor – humanitarian, fraternal, political org.  also became vehicle for trade unionization.  Short lived. By mid 1880s had an order of a million members. 
·         American Federation of Labor – focused on bread and butter unionism.  Headed by Samuel _______.  Shouldn’t be humanitarian focus.  Higher wages, better benefits and better working conditions should be focused.  Indiv