Contemporary Labor Relations and Employment Law Flashcards

Vocabulary flashcards covering key terms, statutes, legal precedents, and labor concepts from the lecture notes.

Efficiency (Employment Objective)

Effective use of labor to maximize profit, productivity, and competitiveness.

Equity (Employment Objective)

Fair labor standards, living wages, workplace safety, and nondiscrimination in the employment relationship.

Voice (Employment Objective)

Employee input, consultation, self-determination, and free speech in the workplace.

Work Rules

The primary focal point of labor relations governing compensation (wages, overtime, vacations) and specifying employee and employer job rights and obligations.

U.S. Union Membership Density

Total U.S. union membership is around $10\%$ ($\sim 14.7 \text{ million}$ workers), with private-sector density at approximately $6\%$ and public-sector density at around $33\%$.

Idaho Union Membership

Approximately $47,000$ workers in Idaho are represented by a union ($\sim 5.3\%$ of workforce), with about $36,000$ being active paying union members.

Mediator

A third-party neutral who facilitates negotiations to help labor and management reach a voluntary agreement.

Arbitrator

A third-party neutral who considers disputed issues and renders a decision that is legally binding on both parties.

Substantive Law

Law that creates and defines legal rights and duties, such as contract or tort laws.

Procedural Law

Law that creates and controls the legal mechanisms used to enforce rights, such as statutes of limitations.

Prima Facie Case (Employment Discrimination)

An initial showing by a plaintiff that discrimination appears to have occurred on its face, shifting the burden of proof to the employer.

Disparate Treatment

Intentional employment discrimination where an individual is treated differently based on protected class status.

Disparate Impact

Unintentional discrimination occurring when a facially neutral employment practice disproportionately excludes a protected group.

4/5ths Rule (80% Rule)

A measurement for disparate impact where a selection rate for a protected group is less than $80\%$ of the rate for the dominant group.

Equal Employment Opportunity Commission (EEOC)

Federal agency that enforces federal EEO statutes, issues guidelines, collects EEO-1 workforce data, investigates charges, and files lawsuits.

Idaho Human Rights Commission (IHRC)

The state administrative agency that receives, mediates, investigates, and resolves employment discrimination complaints filed within Idaho.

Office of Federal Contract Compliance Programs (OFCCP)

Federal agency with jurisdiction over federal contractors with contracts of $\\n50,000$ or more and $50$ or more employees, enforcing Executive Order 11246 requirements for Affirmative Action Programs.

Title VII of the Civil Rights Act of 1964

Federal statute prohibiting employment discrimination based on race, color, religion, sex, or national origin in hiring, firing, pay, and conditions of employment.

Age Discrimination in Employment Act (ADEA) of 1967

Federal law prohibiting employment discrimination against individuals aged $40$ and older, eliminating mandatory retirement ages for most occupations.

Americans with Disabilities Act (ADA) of 1990

Federal law prohibiting discrimination against qualified individuals with disabilities and requiring employers to provide reasonable accommodations.

Family and Medical Leave Act (FMLA) of 1993

Federal law granting eligible employees up to $12$ weeks of unpaid, job-protected leave per year for qualifying family or medical reasons.

Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021

Federal statute that invalidated mandatory pre-dispute arbitration agreements for sexual assault and sexual harassment claims.

Muldrow v. City of St. Louis (SCOTUS 2024)

Supreme Court decision holding that Title VII plaintiffs challenging a discriminatory job transfer need only show some harm, rather than a materially significant disadvantage.

Ames v. Ohio Department of Youth Services (SCOTUS 2025)

Supreme Court decision holding that courts cannot require majority-group plaintiffs alleging reverse discrimination under Title VII to meet a higher evidentiary standard.

Common Law (Labor History)

Judge-made legal precedents built over time, such as conspiracy doctrines and injunctions.

Statutory Law (Labor History)

Formal written statutes passed by legislative bodies, such as the National Labor Relations Act.

Norris-LaGuardia Act of 1932

Federal statute that outlawed yellow-dog contracts and restricted federal court anti-union injunctions, but created no administrative enforcement agency.

Senator Robert Wagner

Known as the Father of U.S. Labor Relations Law for authoring the National Labor Relations Act (Wagner Act) of 1935.

Section 7 of the NLRA

Statutory provision guaranteeing employees rights to self-organize, form or join unions, bargain collectively, and engage in concerted activities.

Exclusive Representation (NLRA Section 9)

Principle that a union winning majority support in an appropriate bargaining unit becomes the sole representative for all employees in that unit.

National Labor Relations Board (NLRB)

Independent federal agency created by the Wagner Act consisting of a General Counsel and a 5-member Board to conduct representation elections and adjudicate ULP charges.

Taft-Hartley Act of 1947

Statute that rebalanced labor law by defining union ULPs, banning closed shops, protecting non-union rights, and authorizing state Right-to-Work laws.

Right-to-Work (RTW) Law

State legislation authorized by Taft-Hartley Section 14(b) that prohibits agreements requiring employees to join a union or pay dues as a condition of employment.

Landrum-Griffin Act (LMRDA) of 1959

Federal statute establishing a Bill of Rights for union members, mandating secret-ballot democratic elections, and enforcing strict financial disclosures.

Janus v. AFSCME (2018)

Supreme Court ruling that compelling public-sector non-union employees to pay agency fees violates the First Amendment.

Starbucks Corp. v. McKinney (2024)

Supreme Court decision holding that courts must apply the traditional strict 4-factor Winter test when evaluating NLRB Section 10(j) preliminary injunction requests.

Trump v. Wilcox (2025)

Supreme Court emergency stay decision that allowed the President to remove NLRB board members without cause.

Appropriate Bargaining Unit (ABU)

A group of occupations and locations designated by the NLRB as appropriate for collective bargaining under the Community of Interest standard.

Authorization Card

A signed form authorizing a union to represent an employee, requiring a $30\%$ threshold for an NLRB election petition and $>50\%$ for voluntary card-check recognition.

Card Check Recognition

Voluntary union recognition granted directly by an employer based on over $50\%$ of unit employees signing authorization cards without an election.

Laboratory Conditions Doctrine

NLRB standard (General Shoe Doctrine) requiring election conditions to be as ideal and uninhibited as possible to reveal the true desires of employees.

FOE Rule

Employer campaign guideline permitting management to share Facts, Opinions, and personal Experiences during an organizing election.

TIPS Rule

Employer campaign restriction prohibiting Threatening, Interrogating, Promising benefits to, or Spying on employees regarding union organizing.

Excelsior List

Mandatory list containing names and contact details of all eligible voters in an ABU provided by the employer to the union after an election is scheduled.

Gissel Bargaining Order

A rare NLRB directive ordering an employer to recognize and bargain with a union without an election victory due to severe employer ULPs.

American Plan (1920s)

An employer strategy promoting non-union open shops and depicting unions as foreign entities infringing on worker liberty and employer rights.

Net New Costing Rule

Rule in contract negotiation spreadsheets to cost only new incremental expenses or savings relative to current baseline financial statements.

WARN Act

Worker Adjustment and Retraining Notification Act; federal statute requiring advance notice for mass cutbacks or shutdowns, under which Spirit Airlines employees filed suit.