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Labor Law
Temple University School of Law
Angel, Marina

Evolution of Labor Law:
 
Who are Employees?
Managerial/Supervisory
Independent Contractors
Professionals
Students
Historical Perspective
 
 
Establishment of the Collective Bargaining Relationship:
 
Protection of the Right of Self-Organization
        Interference, Restraint, and Coercion
                Election Propaganda
                Other Forms of Interference, Restraint, or Coercion
                                Interrogation
                                Benefits
                Union Misconduct Affecting Self-Organization
        Company Domination or Assistance
        Discrimination
        Remedies for ULPS
Selection of the Representative for the Purposes of Collective Bargaining
        Grounds for not Proceeding
        The Appropriate Bargaining Unit
        Representation Election Procedures
Securing Bargaining Rights Through ULP Proceedings
 
Negotiation of the Collective Bargaining Agreement
 
Exclusive Representation and Majority Rule
The Duty to Bargain in Good Faith
Subjects of Collective Bargaining
The Role of the Strike
Bargaining Remedies
 
Administration of the Collective Agreement
 
The Collective Agreement and the Grievance Procedure
Judicial Enforcement of Collective Agreements
 
Strikes, Boycotts & Picketing
 
Constitutional Limitations
The NLRA
        Organizational and Recognitional Activity
        Secondary Pressure
                Under the Taft-Hartley Act
                The 1959 Amendment
                Hot Cargo Clauses
Work Assignments Disputes
Featherbedding
Violence and Union Responsibility
Remedies for union ULPs
 
Rights of EE Protesters under the NLRA
 
Protected and Unprotected Concerted Activity
ER Responses to Concerted Activities
 
→ Evolution of Labor Law:
 
  WHO ARE EMPLOYERS NLRA §2(2) [103S] –         Includes any person acting (in the interest of) as an agent of an employer, directly or indirectly
–         does not include
o       United States, a wholly owned govt. corporation, any Fed. Reserve Bank, any State or political subdivision thereof, any person subject to Railway Labor Act (as amended from time to time) or anyone acting in capacity of officer or agent of such labor organization
–         Unfair labor practice for a employer to:
o       §8(a)(1) to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 7
o       §8(a)(2) to dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it:
§         Provided, that subject to rules and regulations made and published by the Board pursuant to section 6, an employer shall not be prohibited from permitting employees to confer with him during working hours without loss of time or pay
–         Limitations
o       §14(a) Nothing herein shall prohibit any individual employed as a supervisor from becoming or remaining a member of a labor organization, but no employer subject to this Act shall be compelled to deem individuals defined herein as supervisors as employees for the purpose of any law, either national or local, relating to collective bargaining
  WHO ARE EMPLOYEES? NLRA §2(3) [103S] –         Any employee, and not limited to the employees of a particular employer
o       includes: any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment
o       does not include: employed as an agricultural laborer, in the domestic service of any family or person at his home, employed by his paren

) has completed the courses of specialized intellectual instruction and study described in clause (iv) of paragraph (a), and (ii)is performing related work under supervision of a professional person to qualify himself to become a professional employee as defined in paragraph (a)
  HISTORICAL PERSPECTIVE
·        Board may decline jurisdiction
o       §14(c)(1) The Board, in its discretion, may, by rule of decision or by published rules adopted pursuant to the Administrative Procedure Act decline to assert jurisdiction over any labor dispute involving any class or category of employers, where
§         in the opinion of the Board, the effect of such labor dispute on commerce is not sufficiently substantial to warrant the exercise of its jurisdiction
§         Provided, That the Board shall not decline to assert jurisdiction over any labor dispute over which it would assert jurisdiction under the standards prevailing upon August 1, 1959
§         Provided, That the Board shall not decline to assert jurisdiction over any labor dispute over which it would assert jurisdiction under the standards prevailing upon August 1, 1959
·        Jurisdictional question – is it “affecting commerce”
o       §2(7) Affecting commerce means
§         in commerce, or burdening or obstructing commerce or the free flow of commerce
§         or having led or tending to lead to a labor dispute burdening or obstructing commerce or the free flow of commerce