Labor Law 2008
vOVERVIEW – PROCEDURE – JURISDICTION
RAILWAY LABOR ACT: a United States federal law that governs labor relations in the railway and airline industries.. The Act, passed in 1926 and amended in 1936 to apply to the airline industry, seeks to substitute bargaining, arbitration and mediation for strikes as a means of resolving labor disputes.
THE WAGNER ACT (NLRA): 1935 United States federal law that protects the rights of most workers in the private sector to organize labor unions, to engage in collective bargaining, and to take part in strikes and other forms of concerted activity in support of their demands.
THE TAFT-HARTLEY ACT: United States federal law greatly restricting the activities and power of labor unions. The amendments enacted in Taft-Hartley added a list of prohibited actions, or “unfair labor practices”, on the part of unions to the NLRA, which had previously only prohibited “unfair labor practices” committed by employers. The Taft-Hartley Act prohibited jurisdictional strikes, wildcat strikes, solidarity or political strikes, secondary boycotts, “common situs” picketing, closed shops, and monetary donations by unions to federal political campaigns. It also required union officers to sign non-communist affidavits with the government. Union shops were heavily restricted, and states were allowed to pass “right-to-work laws” that outlawed union shops. Furthermore, the executive branch of the Federal government could obtain legal strikebreaking injunctions if an impending or current strike “imperiled the national health or safety,” a test that has been interpreted broadly by the courts.
THE LANDRUM-GRIFFIN ACT: is a United States labor law that regulates labor unions’ internal affairs and their officials’ relationships with employers. Enacted in 1959 after revelations of corruption and undemocratic practices in the International Brotherhood of Teamsters, International Longshoremen’s Association, United Mine Workers and other unions received wide public attention, the Act requires unions to hold secret elections for local union offices on a regular basis and provides for review by the United States Department of Labor of union members’ claims of improper election activity.
Other provisions of the law:
Ø Bar members of the Communist Party and convicted felons from holding union office.
Ø Require unions to submit annual financial reports to the DOL.
Ø Declare that every union officer must act as a fiduciary in handling the assets and conducting the affairs of the union.
Ø Limit the power of unions to put subordinate bodies in trusteeship, a temporary suspension of democratic processes within a union.
Ø Provide certain minimum standards before a union may expel or take other disciplinary action against a member of the union.
NLRB ORGANIZATION AND PROCEDURE: an independent agency of the United States Government charged with conducting elections for labor union representation and with investigating and remedying unfair labor practices. The NLRB is governed by a five-person board and a General Counsel, all of whom are appointed by the President with U
vPROTECTION OF ORGANIZATION
v The Establishment of the Collective Bargaining Relationship
Ø § 7 Rights of Employees: right to organize + prohibition of certain things
Ø § 8 Unfair Labor Practices
Ø 8(a): unfair labor practice for employer to interfere with, restrain, or coerce
Ø Judicial Review Process:
§ (1) ULP charge filed w/ the board à it goes to administrative law judge (not Art 3). They make a decision yes or no.
§ (2) Then appeal to The NLRB (5 guys appointed by President for 5 year term – General Counsel – 4years)
· 5 Members of NLRB: SC of NLRB that hears appeals from ALJ and give final decision of NLRB
§ (3) Appeal to Federal Circuit Courts (agency does NOT have final review: judicial review of board decisions § 10 of NLRA establishing venue in FCC)
§ (4) Certiorari to SC
v Republic Aviation Corp. v. NLRB (1945) judicial review: honoring Board presumptions
Ø Worker was handing out pamphlets in back room ‘on his own time’
Ø Rule: no solicitation any time on premises, employee discharged for violating rule (on face not discriminatory)
Ø Worker’s claim:
§ Rule in violation of 8(a)(1): employer can’t interfere w/ restrain or coerce, and workers is saying rule interferes w/ ability to organize (under § 7)