SEC. 1
EMPLOYER v. UNION
LABOR INJUNCTION IN PRIVATE DISPUTES
Vegelahn v. Gunteri
Defendant’s striking against Plaintiff Factory to get certain wages
Implicit in a strike or patrol are threats of violence and so a strike can be enjoined as a private nuisance because of unlawful interference w/the rights of an employer.
Plant v. Woods
One union splits into two and the old union is trying to get the new Union out of business by going to the businesses and trying to get the employer to sign the guys back.
Employers are allowed to compete but Unions aren’t and injunctions granted w/out express proof.
Bowen v. Matheson & Mogul Steamship
The cases where the Shipping companies join up
Allows businesses to join up to destroy competition but not unions
THE ANTITRUST LAW
The Sherman Act See Supplement Page 1 §1
Every contract combination in the form of a trust or otherwise or company in restraint of trade or commerce among several states or foreign country is punishable as a federal crime.
Loewe v. Lalor
Union strikes against Hat company and strike affects the wholesalers and dealers of hats made by the company.
Court interprets act broadly to say that the union was a conspiracy which restrained interstate commerce.
Sherman was not designed to affect price fixing in companies not unions.
Coronado Coal v. United Mine Workers
Union strikes against a number of subsidiaries against a local coal conglomerate and Union president tuned “stoolie” and says that Union intended to affect prices across region.
As long as there is intent to prevent ann impact IC it is antitrust and the Sherman Act kicks in.
THE CLAYTON ACT
Congress exempts Unions from anti-trust laws
On its face:
§ 6 of the Clayton act exempts unions from Antitrust
§20 of the Clayton act says that an injunction cannot be used in a a labor dispute between employer and employee.
HOW THE COURT RENDERED THE CLAYTON ACT USELESS
Duplex Printing Press v. Deering
Printing press manufacturer in Michigan who ships presses interstate refuses to unionize and union strikes at the places of installation of the presses nationwide by asking installers etc not to work.
§6 of the Clayton act only grants immunity to a Union where its typical activities are lawful and the aims are legitimate and here the activities were not typical or lawful e.g strikes, breach of the peace etc.
§20 applies to grant immunity only between employers and employees who are presently and functionally in the relationship and the nationwide strikes cannot be considered actions of the employees of the factory in Michigan.
EFFECT OF NORRIS LA GUARDIA ACT
Apex Hosiery
Union stages a sit in at a company in Philly which ships stuff out of state in support of a closed shop agreement.
Courts now say the Sherman can only apply to the Union activity where there is a substantial restraint on IC
US v. Hutchenson
The case with the strike at the Anheuser Busch plant.
NLGA, Clayton and Sherman when read together indicate clearly that the courts should stay out of labor organizations and that the Sherman should not be applied to them.
Burlington
Small dispute in collective bargaining w/small railroad in Maine expands to picketing of companies secondary railroads and to railroads not related to the company.
The definition of labor disputr is broad in §13(c) of the NLGA and no longer requires it to be confined to individuals in employer/ee privity. No differentiation between primary and secondary activity.
Thornhill v. Alabama
Courts generally stay out of Labor disputes but there are exceptions like when the court forces the parties to honor their agreements.
Person picketing an employer in a strike in violation of State statute that forbids picketing.
What would have been enjoined as nuisance is not now a nuisance because employees have a first amendment right to express their views.
SO FAR:
Constitution, Nuisance, Sherman Act, Clayton Act NLG act.
NATIONAL LABOR RELATIONS ACT
§2(3), Defines employee
Covers the American Labor Force
Whole groups omitted from coverage
o
o
SupervisorsIndependent contractor
§2(5), Defines Labor organization
Very broad definition
o
Any org of any kind in which employees participate for the purpose in whole or in part of dealing w/employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work.
§2(9), DefinesLabor dispute
Very broad just like labor org.
§2(11), defines supervisor
Person having the authority in interest of employer to
o
Hire, transfer, layoff, promote, suspend, recall discharge, assign , reward discipline, direct, adjust grievances, recommend such action if the person is allowed to use independent judgment.
§2(12), professional employee
See page 27-28
§7 THE EMPLOYEE BILL OF RIGHTS
Very Broad.
Does not have to do w/unions only
Right to self organizat
privy to confidential information relating to collective bargaining
Full time faculty is managerial
Interns and grad students are employees
Sets up commitments made between parties but cannot deal w/every conceivable issue
Things to look for:
a. Management rights clause
b. Just cause provision
i. Which separates at will employees from union employees
ii. Can only discharge for just cause
c. Non discriminatory provision
d. Wage schedule
e. Seniority clauses
f. Disciplne
i. Very important
ii. Usually a progressive discipline model
iii. Must be followed for discharge or else it is wrongful discharge
Violation of K suits between employer and union
Employee can sue employer for breach of K under 3rd party beneficiary and sue union for breach of representative duty.
General rule though is that courts will not get involved unless there is a violation as above.
Board decides on a case by case basis the propriety of the Union
Professionals
o
No non professionals allowed in a unit w/professionals unless the professionals allow it.
NOTE:
A union cannot represent guards and non guards.
DESIGNATION OR SELECTION
Must meet at reasonable time and confer in good faith
You do not have to reach an agreement
If agreement reached put it in writing etc.
Differentiates between mandatory and permissive bargaining obligations.
o
§
Wages, hours,terms and conditions of employment
Mandatory topics
is like §8(a)(1).
EMPLOYER DISCRIMINATION or firing, demoting etc because of Union membership
JOIN UNION K as a condition of employment
o
o
o
o
Have to pay because when they bargain they have to bargain for you.SC has said that this is not a conflict w §7 (free choice) because union membership can be reduced to its financial core. As long as you pay the dues you can otherwise “resign” from the union.Condition of employment is join unionShow up get job and union has a collective bargaining agreement
19081896
