Chapter 3
Labor Law: Background Labor Law: Background and Basic Principlesand Basic Principles
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Origin of Labor Relations Law The Constitution
– Article 1, Section 8 of the U.S. Constitution– Amendments
• First Amendment• Fifth Amendment• Fourth Amendment
Common Law Other Sources
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Origin of Labor Relations Law (cont’d) Major Federal Labor Relations Laws
– Railway Labor Act
– Norris-La Guardia Act
– Wagner (National Labor Relations) Act
– Taft-Hartley (Labor-Management Relations) Act
– Landrum-Griffin (Labor Management Reporting and Disclosure) Act
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Origin of Labor Relations Law (cont’d) Labor Relations Administrative Agencies
– National Labor Relations Board (NLRB)
– Federal Mediation and Conciliation Service (FMCS)
– U.S. Department of Labor (USDOL)
– National Mediation Board (NMB)
– National Railroad Adjustment Board (NRAB)
– State and local administrative agencies
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Legal Interpretations (1806-1931) Basis for the Legal System
– Protection of employers’ tangible property rights
– Protection of employers’ intangible rights to do business and make a profit
Criminal Conspiracy Doctrine– Illegal for workers to join together to pressure
employers for better wages or working conditions
Civil Conspiracy Doctrine– Employees who acted in concert could inflict harm
even if the employees’ cause was just
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Legal Interpretations (1806-1931) (con’t) Breach of Contract/Use of the Labor
Injunction
– Labor disputes constitute interference in contracts between employers and employees
– Yellow Dog Contracts
– Courts issued labor injunctions to stop the concerted activities of employees
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Legal Interpretations (1806-1931) (con’t) Application of Antitrust Legislation
– Sherman Antitrust Act (1890)• Intended to prevent the restraint of trade by
regulating business monopolies
– Danbury Hatters (Loewe v. Lawlor) case• Supreme Court ruled that the labor
organization’s use of the boycott was illegal• Individual union members held liable for
damages
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The Norris-La Guardia Act of 1932
Protection of Workers’ Basic Rights– Limited federal courts to issue injunctions for
employees’ lawful non-violence – Yellow-dog contracts unenforceable– Encouraged more impartiality on the part of
the courts in labor disputes Shortcomings
– No regulatory agency designated – No specific unfair labor practices for
employers
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The National Labor Relations Act of 1935 Also called the Wagner Act Set national labor policy for labor Encouraged the use of collective bargaining Protected employees’ rights to organization
and representation Established the National Labor Relations
Board (NLRB) Defined the unfair labor practices of
employers
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Labor Management Relations Act of 1947 Also called the Taft-Hartley Act
Amended the NLRA to add union unfair labor practices
Set up union security options for states
Allowed unions to be sued by employers
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Labor Management Reporting and Disclosure Act of 1959 Also called the Landrum-Griffin Act
Passed to protect union member rights and ensure union democracy
– Required secret-ballot elections of officers
– Required membership approval in setting dues and levying assessments
– Set federal financial reporting requirements
– Allowed neutral, secondary employers injured by unlawful union activities to sue unions
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National Labor Relations Board (NLRB)
Functions of the NLRB– Interpret and administer the LMRA
– Responsibilities
Composition of NLRB– Five-Member Panel
– General Counsel
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Persons Covered by the LMRA Most private-sector employers and
employees Groups excluded
– Agricultural laborers
– Private domestic service employees
– Individuals covered by the Railway Labor Act
– Individuals employed by parent or spouse
– Public-sector employees
– Independent contractors and supervisors
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Concerted and Protected Employee Activity Concerted Activity
– An action taken by or on behalf of two or more employees to express a grievance
Interboro Doctrine– An employee working alone may be
considered to be engaged in concerted activity if seeking to enforce the terms of a collective bargaining agreement
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NLRB Unfair Labor Practices
Charging Party Respondent Merit Administrative Law Judge (ALJ) Types of Unfair Labor Practice Cases
– Routine Cases– Lead Cases
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Basic Procedures in Cases Involving Charges of ULPs
ChargeCharge
InvestigationInvestigation
Complaint and AnswerComplaint and Answer
Hearing and DecisionHearing and Decision
Remedial OrderRemedial Order
Court Enforcement and ReviewCourt Enforcement and Review
DismissalDismissal Other DispositionOther Disposition
InjunctionInjunction Withdrawal-Refusal to Issue
Complaint-Settlement
Withdrawal-Refusal to Issue
Complaint-SettlementInjunctionInjunction
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Remedies in ULP Cases Cease-and-Desist Orders
– Instruct the respondent to stop the ULP– Require respondent to post written notices
of ULP Affirmative Relief Action
– Require the respondent to provide a make-whole remedy to individuals adversely affected by the ULP
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Federal Courts and ULP Decisions
Courts must enforce decision if:– The decision is a reasonable interpretation
of congressional intent for the LMRA– The decision is supported by substantial
evidence contained in the case record. Petition for Certiorari
– A court of appeals’ decision appealed to the Supreme Court when lower court decisions conflict with each other
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Current Labor Policy Favors the powerful (employers) over
the powerless (employees) Discourages unionism through foot-
dragging Offers insufficient statutory remedies Is grossly outdated Laws protecting individuals have
usurped the role of collective bargaining
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Transportation-Related Labor Relations Laws Railway Labor Act of 1926
– First comprehensive collective bargaining law
Airline Deregulation Act of 1978– Ended government regulation of fares and
routes Staggers Rail Act of 1980
– Increased flexibility in setting rates and service levels
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Other Laws Affecting Labor Relations ADA of 1990 The Bankruptcy Act of 1984 The WARN of 1988 RICCO Act of 1970
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Employment Discrimination Laws and Executive Orders Civil Rights Act of 1991 ADEA of 1967 Executive Orders
– 11246 – 11375
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Related Labor Relations Laws
Vocational Rehabilitation Act of 1973 USSERA of 1994 Social Security Act of 1935 FLSA of 1938 ERISA of 1974 OSHA of 1970 FMLA of 1993