chapter 21

11% of workers in US belong to a labor union; most of these labor unions are affiliated with the AFL-CIO

American Federation of Labor & Congress of Industrial Organizations

states that it is legal for employees to organize into unions and outlaws “yellow dog” contracts (whoch are binding agreements between new employees and management that employee will never join a union

Norris-0\LaGaurdia Act

establoishes right of employees to join and form labor unions, bargain collectively with employers, and engage in activities to promote these rights

Wagner Acr aka National Labor Relations Act (NRLA)

(1) expands activities labor unions can engage in, (2) gives employers right to engage in free-speech efforts against unions prior to election, (3) gives president of US right seek an injunction against a strike that would create a notional emergency, and (4) outlaws closed shops

Taft-Harley Act aka Labor Management Relations Act

teachers, police officers, firefighters

About 35% of public-sector employees belong to unions

in 1981, many in air traffic controllers’ union went on strike, despite President Reagan’s authority under the __________ to order them not to. Reagan immediately fired over 11,000 still-striking union members.

Taft-Harley Act

oversees union elections, prevents employers and unions from engaging in illegal or unfair practices, and enforces/interprets federal labor laws

National Labor Relations Board (NLRB)

First, group that union is seeking to represent must be defined (can be employees of a single company or plant, group within a single company, or an entire industry)

Organizing and Election Process

group that union is seeking to represent

bargaining unit

At least ____________ indicating they are interested in joining/forming a union.

30% of employees must sign consent cards

NLRB then oversees contested elections, and _______ of employees have to vote for the union in order for it to be certified. Decertification elections (to dissolve local union) also are overseen by NLRB.

over 50%

Process of unions and employers negotiating contracts dealing with terms of employment for union members

collective bargaining

collective bargaining agreements: wages, hours, benefits, safety rules, work assignments, etc.

compulsory subjects

size and composition of supervisors, location of plants, corporate reorganization

permissive subjects

ex: closed shop recognition, permitting discrimination, etc.

illegal subjects

employer may hire anyone, whether they belong to a union or not. However, employee must join the union after being hired.

Union shop

employer may hire anyone, whether they belong to a union or not. Employees don’t have to join the union after they’re hired, but they must pay an agency fee to the union to help pay for collective bargaining. Non-union employee can’t be assessed fees for non-collective bargaining union activities (ex: political campaigns)

agency shop

(outlawed by Taft-Harley): employer can only hire employees who are already union members

closed shop

1947 Taft-Harley Act notes that states can enact _____________ that outlaw union and agency shops.

“right-to-work laws”

In other words, in right-to-work states, individual employees cannot be ___________________________ even though a labor union has been elected by other employees

forced to join a union or pay union dues and fees

these laws are opposed by unions because they ________________. About half of US states have right-to-work laws.

substantially erode union power

when labor union members refuse to work

striking

Before a strike, a union must give a ______ notice to employer that union intends to strike. This is called a ____________

60-day

“cooling-off period”

designed to give employer and union enough time to settle grievances and avoid a strike. employer may dismiss workers who strike without proper notice and it is illegal to strike during this period.

“cooling-off-period”

unions and employers can negotiate a ____________ in collective bargaining.

no-strike clause

True or False: Illegal to strike if no-strike clause is in effect, and employers may dismiss union members who do strike

true

Individual members of a union do not have to honor a strike and can continue working or return to work after joining strike for a time.

crossover workers

once strike begins, employer may continue operations by using management personnel and hiring _____________ (who can be temporary or permanent)

replacement workers

if employer reasonably anticipates a strike, it may prevent potential striking employees from entering plant or premises

employer lockout

in 2011, for example, the National Basketball Association, locked out players (who belong to the National Basketball Players Association, a labor union) after ____________________. New agreement was reached, but not after part of the season was canceled.

collective bargaining agreement expired

involves striking employees and union representatives walking in front of employer’s premises, carrying signs announcing their strike, discussion issues, and criticizing their employer. Right to this is implied in NLRA.

picketing

attempts to bring pressure by picketing employer’s suppliers or customers. Legal only if it is “product picketing”.

secondary boycott picketing

union members on strike against their employer, a toy manufacturer. They picket retail stores that sell the manufacturer’s products, carrying signs requesting customers not buy products manufactured by their employer.

permitted

(1) it is accompanied by violence

(2) obstructs customers from entering employer’s place of business

(3) prevents non-striking employees from entering employer’s premises

(4) prohibits pickups and deliveries at the employer’s place of business

when picketing is unlawful

union members on strike against their toy manufacturer employer. They picket retail stores that sell the manufacturer’s products, carrying signs requesting that customers not shop at those retail stores

not permitted

all employers must have prospective employees complete _______ for _______________ to determine immigration or citizenship status (employers cannot knowingly recruit illegal immigrants)

I-9 form

Employment Eligibility Verification

employers can use ___________ of US Citizenship and Immigration Services to verify employment eligibility

E-Verify system

B-1 visa issued to persons seeking temporary entry to US for business purposes

B-2 given for tourist or non-business purposes

Max period of stay: 6 months

temporary visitors

for business or travel less than 90 days is given to most visiting fromEurope, Japan, Australia, NZ, etc.

Visa Waiver Program

(F-1, F-2 for spouses, children)

Visa given to students for US colleges/universities/language program

can be extended post-study for Optional Practical Training for 1 to 3 years (for STEM fields)

Student Visa

(H-4 for spouses, children)

non-immigrant visa that allows US employers to employ foreign nationals skilled in specialty occupations (must have bachelor’s degree or higher, usually in scientific/medical fields). holders can eventually obtain US citizenship

H-1B guest worker visa

special guest worker visa for those demonstrating extraordinary ability in academics, arts, sciences, sports, business, etc. Can also eventually lead to citizenship

EB-1 Extraordinary Ability Visa

those who invest $500,000 to $1 million+ in business enterprises in the US and support employment of full-time jobs in US. Can also lead to eventual permanent residence or citizenship

EB-5 Investor Visa