Before statutes COMMON LAW used to decide Labor disputes:
Then came the SHERMAN ACT Antitrust Law:
Every contract or combination in the form of a trust or otherwise or company in restraint of trade or commerce among the several states or foreign countries is punishable as a federal crime.
Even though Sherman was not designed for unions the court interprets the act broadly to imply union actions affecting IC violate act and are enjoinable. Loewe
As long as there is incidental intent to affect IC the union action violates the Sherman act. Coronado Coal
The CLAYTON ACT:
§ 6 exempts unions from antitrust
§ 20 says no injunctions to be used in a labor dispute between employer and employee
Court interprets act narrowly to get rid of the effect:
Duplex Printing Press
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§ 20 applies only to employers and employees who are actually in the relationship§ 6 applies to exempt unions only when union activity is lawful and strikes etc are not lawful
The NORRIS LA GUARDIA ACT:
Preventing the court from getting around the commands of the Clayton Act:
Union activity can only be subject to antitrust laws where there is a substantial effect on IC. Apex Hosiery.
NLGA, Clayton & Sherman indicate Courts should stay out of labor disputes as much as possible. Hutchenson.
§13(e) of the NLGA defines a labor dispute broadly and the § 20 of the Clayton act is to be applied broadly so that even employers and employees not in privity and downstream labor activity is protected from injunctions. Burlington
Labor activities that were previously enjoined as nuisances are now protected by statute and first amendment. Thornhill.
§ 301
Violation of K suits between employer and employee
Employee can bring
a. Breach of DFR against union
b. Breach of fiduciary duty against union
c. Breach of K against employer
Antitrust is only available now when:
When union and industry team up to combine and control work and equipment there is a Sherman violation because the Clayton immunity does not extend to business organizations. Allen Bradley
It is impermissible for union and employer to team up to destroy certain employers especially where the union is seeking industry wide interests as opposed to per unit bargaining since destruction of employers is against a fundamental premise of labor law. United Mine Workers
To determine whether a unions activity is prohibited use the following analysis:
Is there a conspiracy between Union and employer? If YES it is prohibited. If NO continue to (2).
Is Union doing something otherwise prohibited by the law?
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NOT HERE because they were bargaining for one unit (butchers) over wages and hours. Jewel
A multiemployer bargaining association is within the antitrust exemption regarding labor disputes. Pro Football
A bargaining agent who contracts with a stranger employer to prevent his hiring of non union sub contractors is in violation of antitrust law and may be enjoined. Connell Construction
NATIONAL LABOR RELATIONS ACT
§2(3), Defines employee
Covers the American Labor Force
Whole groups omitted from coverage
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SupervisorsIndependent contractor
§2(5), Defines Labor organization
Very broad definition
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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
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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 organization, form join or assist labor organizations for collective bargaining, and to engage each other in concerted activities AND right to not bargain except ans authorized in §8(a)(3).
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Boss firing you for breaking rule which prevents you from talking about your salaryPlass truck driver saying to other truck drivers, do not drive those trucks they are unsafe
Lingo
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EMPLOYER COERCION, OR INTERFERENCE RESTRAINT
§8(a)(2)
EMPLOYER DOMINATION or the company forming a union issue
§8(a)(3)
EXAMPLE:
Group of employees talking about Union and across is a park where Union organizers are standing to talk on their work breaks and then the following happens:
Employer gets rid of break. The employee can file a ULP under §8(a)(1).
Employee discharged. The employeee can file an §8(a)(3).
Company gives money to union. Potential §8(a)(2) violation.
You get fired after testifying before board. Potential §8(a)(4) violation, retaliation.
Company refuses to bargain with certified or majority union. Potential §8(a)(5) violation.
UNION VIOLATIONS
§8(b)(1)
§8(b)(2) is like §8(a)(3).
§8(b)(3) is like §8(a)(5)
FREE SPEECH RIGHTS
§8(c)
Employees are treated as mature and sensible people who generally can tell the difference between puffing and hype in campaigns
BARGAINING OBLIGATION
§8(d)
§9
Two ways for union to get representative status:
Selection Union comes to employer
s § 7 rights.
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Distinguish work hours (presumptively over broad) from work time (presumptively valid)
The § 7 rights of employees to solicit run only derivatively to non employee union members and must be balanced against the employer’s property rights in allowing on property solicitation by non employee members. Babcock
Only when unique obstacles exist to off site solicitation can an employer’s decision to prevent access onto his property by non-employee members be an § 8(a)(1) violation. Reverse of Republic. Lechmere.
Full time faculty is managerial
Interns and grad students are employees
Board decides on a case by case basis the propriety of the Union
Professionals
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No non professionals allowed in a unit w/professionals unless the professionals allow it.
NOTE:
A union cannot represent guards and non guards.
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.
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DESIGNATION OR SELECTIONWages, 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
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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
Union violates §7 we say they did a §8(b) violation.Employer violates §7 we say they did a §8(a) violation.
§8(a)(1)
further restricts the role of courts to:
Then came NATIONAL LABOR RELATIONS ACT
Strike or patrol can be enjoined as a private nuisance because it implies threats of violence. Vegelahn
Employers are allowed to compete but unions cannot with each other. Plant
Employers are allowed to compete to destroy each other but unions aren’t. Bowen
