Labor Law Outline
Professor O’Hanesian Fall 2007
Historic Overview:
National Labor Relations Act:
Unfair Labor Practices Law
Assures Employee Free Choice
Secures Collective Bargaining Agreements
Sets up scheme for elections
NLRB: National Labor Relations Board
Polices the NLRA; Cannot force parties to enter into an agreement, can force parties to negotiate, and can only rarely tell parties they must have something in their contract
Employer/Employee Relationship in the U.S. is predominantly “At Will Employment”
Leads to great disparity in power (esp. bargaining power)
Factors:
Employer Money
Fungible Employees (Degree of Skill Possessed)
History:
Two Types of Unions
– Political: Desired better wages and better political position (Knights of Labor, IWW)
– Business: Focused on increased wages/benefits and better working conditions (AFL)
20th Century:
Unskilled workers grew in large numbers.
Industrialization
Flood of Immigration
INJUNCTION TO RESTRAIN PEACEFUL PICKETING
Vegelahn v. Gunter (1896)
The Maintenance of a Picket in front of an employer’s premises for the purpose of preventing persons in his employ from continuing therein, regardless of the pickers conduct, is unlawful, and may be enjoined.
INJUNCTION OF A CONSPIRACY
Plant v. Woods (1900)
Conduct by which one union threatens to act to the economic detriment of an employer who employs members of a rival union is unlawful.
RELATION TO THE SHERMAN ANTITRUST ACT (Early Interpretation)
Loewe v. Lawlor (1908) (Danbury Hatters)
The Sherman Act prohibits any combination whatever to secure action which essentially obstructs the free flow of commerce between the states, or restricts the liberty of a trader to engage in business.
INJUNCTION OF A SECONDARY BOYCOTT
Duplex Printing Press Co. v. Deering (1921)
The Clayton Act restricts the issuance of an injunction against certain specified conduct only when those acts are committed by parties involved in a dispute concerning terms and conditions of employment and not simply by employers and employees in general.
“A strike in aid of a secondary boycott is not peaceful and lawful persuasion.”
UNION STRIKE NOT CONDEMNDED BY ANTITRUST LAWS
Apex Hosiery Co. v. Leader (1940)
Restraint resulting
he complainant when compared to the burden which will be inclined on the threatening party, (4) no adequate legal remedy exists, and (5) public opffi9cials who are charged under the law with protecting the complainant’s property are unable or unwilling to furnish protection
Modern Labor Law:
Interstate Commerce Evolution:
NLRB v. Jones & Laughlin Steel
The NLRA allows courts to hear labor issues under their Interstate Commerce Power
The Size of the employer plays into the “Substantial Effects” test
Wickard v. Filburn
Aggregate Affect on Interstate Commerce Test (Con Law)
The National Labor Relations Act (NLRA):
Who is Covered:
Private Employees (except Railroad and Airlines Employees)
What Employees are Covered:
Anyone with a green card that is not an agricultural lawyer and not one of the following:
Not management, supervisor, Independent Contractor
Domestic Servants, employed by parent or spouse
Who is Not Covered:
State Employees, Government Employees
