To provide a framework in which management and labor negotiate terms of employment
What is the purpose of Labor Law?
Norris -LaGuardia Act
Act that established full freedom of labor to form unions without employer interference
National Labor Relations Act
Act that guaranteed the right to unionize and prohibited unfair employer practices
1. to interfere with employees' rights to unionize and bargain collectively 2. to dominate the union 3. to discriminate against union members 4. to discriminate against an employee who has filed charges or testified under the NLRA 5. to refuse to bargain
What are the five unfair employer practices set forth by the National Labor Relations Act?
NLRA; LMRA
The ______ (act) set forth 5 unfair employer practices, whereas the ____ (act) set forth 7 unfair labor (union) practices.
Secondary Activity
A boycott, strike, or picketing of an employer with whom a union has no labor dispute to target another company they do business with
National Labor Relations Board
This was created by the NLRA to administer the rights set forth by the act
1. coercing an employee to join a union 2. causing an employer to discharge or discriminate against a nonunion employee 3. refusing to bargain in good faith 4. levying excessive or discriminatory dues or fees 5. causing an employer to pay for work perform
What are the 7 unfair labor (union) practices set forth by the Labor Management Relations Act?
Agreements that mandate that employers can hire only union members
What does it mean to have a closed shop?
Featherbedding
the practice of negotiating labor contracts that keep unnecessary workers on a company's payroll
Contract permitting the employer to hire nonunion members but require them to become a union member within a specified amount of time to remain in good standing
What does it mean to have a union shop?
Right-to-work Law
This is a state statute that prohibits union ship contracts
Labor-Management Reporting and Disclosure Act (Landrum-Griffin)
Act that is aimed at eliminating corruption in labor unions, issued Union Bill of Rights, dealing w/ formal meetings and positions within the union (to make unions more democratic)
Equal Pay Act
Act that prohibits an employer from discriminating between employees on basis of GENDER by paying unequal wages for the same work
Civil Rights Act of 1964
Prohibits employment discrimination on the basis of race, color, gender, religion, and national origin
Equal Employment Opportunity Commission (must get permission from them b/f can sue)
Enforcement agency for Civil Rights Act of 1964
1. Disparate treatment 2. Present effects or past discrimination 2. Disparate impact
What are the three things prohibited by the CR Act of 1964 in which you must prove?
1. Seniority or merit system 2. Ability test 3. Performance results 4. Occupational qualification
What are 4 defenses of violations of the CR Act of 1964?
Reverse Discrimination
Policy that directs an employer to consider an individual's race or gender when hiring or promoting for the purpose of remedying under-representation of that race or gender in traditionally segregated jobs
Sexual Harassment
an illegal form of sexual discrimination that includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature
Comparable worth
Equal pay for jobs that are of equal value to the employer
Age Discrimination in Employment act of 1967
Prohibits discrimination on the basis of age in hiring, firing, or compensating
Genetic Information Nondiscrimination Act of 2008
Act that forbids discrimination on the basis of genetic information with respect to any aspect of employment
Rehabilitation Act
Attempts to assist the handicapped in obtaining rehabilitation training, access to public facilities, and employement
1. a physical or mental impairment that affects major life activities 2. a history of major life activity impairment 3. regarded as having such impairment (Alcohol and drug abuse does not apply)
Describe a handicapped person
Statutory Limitations
Part of employee protection that is enacted by the Federal government and some states
Judicial Limitations
Part of employee protection that is based on contract law, tort law, or public policy