NLRA part 2 - powerpoint

MGT 334 Employment & Labor Law Notes

Labor Development & Legislation: The NLRA

Overview of the NLRA

  • The National Labor Relations Act (NLRA) governs organized labor relations in the United States.

  • Key elements discussed in relation to the NLRA include:

    • Organized Labor / The NLRA: The framework established by the NLRA to govern organized labor activities.

    • Representation / Duty of Fair Representation: Obligations of unions to represent all members fairly.

    • Collective Bargaining / The CBA: Negotiations between employers and unions regarding employment terms.

    • Unfair Labor Practices / Picketing & Strikes: Board definitions and regulations concerning labor disputes and actions.

    • Public-Sector Labor Relations: Unique considerations for labor relations in the public sector.

Key Concepts in Employment and Labor Law

Employee Organized Activity

  • Key areas influencing employee rights include:

    • Hours of Work: Legal standards governing working hours.

    • Pay: Regulations concerning wages and compensation.

  • Determination criteria:

    • Is there a law?

    • Does the law apply?

    • Terms & conditions of employment: What does it require?

National Labor Relations Act (Detailed Breakdown)

Structure of the NLRA

  • Section 2: Contains definitions relevant to the act.

  • Sections 3-6: Establishes the National Labor Relations Board (NLRB).

  • Section 7: Outlines the rights of employees under the NLRA.

  • Section 8: Discusses unfair labor practices (ULPs).

    • Subcategories include: Picketing, strikes, and other actions deemed unfair.

  • Section 9: Processes for determining representatives and elections.

  • Section 10: Procedures aimed at preventing ULPs.

  • Sections 11-12: Explain investigatory powers of the NLRB.

  • Section 13: Discusses limitations imposed by the act.

  • Section 19: Addresses considerations for individuals with religious convictions.

The NLRB: Jurisdictional Authority

Authority Over Labor Disputes

  • The NLRB deals with labor disputes that are either "in commerce" or "affecting commerce."

  • General Rule: Applies predominantly to private sector employers whose operations have the potential to significantly impact interstate commerce.

Jurisdictional Standards

  • Key Standards Include:

    • Employers: Categorized as covered or exempt (both through statutory and judicial definitions).

    • Employees: Certain exemptions apply based on legislation and judicial outcomes.

    • Labor Organizations: Defined by their structure and membership.

Detailed Definitions

Employer

  • Defined as any person acting as an agent of an employer, either directly or indirectly.

  • Covered Employers include:

    • Individuals, labor organizations, partnerships, associations, corporations, legal representatives, trustees, and more.

NLRB Coverage

  • Jurisdictional standards focus on the annual dollar volume of a business.

  • Covered employer types include:

    • General Non-retail Firms: Companies focused primarily on manufacturing or services not directed at consumers.

    • Retail Businesses: Companies selling goods directly to consumers.

    • Combined Manufacturing and Retail Enterprises: Ventures that incorporate both manufacturing and retail functions.

    • Combined Wholesale and Retail Companies: Businesses distributing products both to retailers and consumers.

    • National Defense: Employers supporting national defense efforts.

    • Public Utilities: Companies that provide essential services like water, electricity, and gas.

    • Hotels, Motels, and Residential Apartment Houses: Businesses that provide lodging services.

    • Multi-state Establishments: Employers operating in multiple states.

Exempted Employers

Statutory Exemptions

  • Exempt Employers that are not covered by the NLRB include:

    • Federal, state, and local governments (examples: schools, libraries, parks).

    • Any wholly-owned government corporation.

    • Agricultural laborers are also exempt from coverage under certain conditions.

    • Entities subject to the Railway Labor Act.

Judicial Exemptions

  • Employers affiliated with foreign governments.

  • Religious entities, subjected to specific legal exemptions.

Exempted Employees

Statutory Exemptions

  • The following categories do not fall under the employee definition within the NLRA:

    • Agricultural laborers.

    • Domestics working within a private home.

    • Those employed by a parent or spouse.

    • Independent contractors.

    • Supervisors, in specific contexts.

Determining Independent Contractor Status

  • Factors influencing the classification include:

    • Extent of control by the employer.

    • Engagement in distinct occupation or business.

    • Degree of supervision exercised.

    • Necessary skills required for the job.

    • Equipment and tools used, along with the workplace setting.

    • Length of employment or engagement.

    • Method of payment.

    • Integration in the company’s normal business practices.

    • Intent of the relationship, including whether the employer is conducting a business.

Noteworthy Cases

  • NLRB Supershuttle FTW, Inc and Amalgamated Transit Union Local 1338: Initially established criteria around independent contractors.

  • Overruled by The Atlanta Opera, Inc and Make-Up Artists and Hair Stylists Union: New decisions redefined these criteria.

Exempted Employees: Supervisors

  • Supervisor Definition: Individuals with the authority to:

    • Hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline employees.

    • Direct employees in their tasks.

    • Resolve grievances or effectively recommend personnel actions.

    • Their authority must involve the exercise of independent judgment rather than routine tasks.

Managerial and Confidential Employees

  • Managerial Employees: Those involved in formulating or implementing management policies.

  • Confidential Employees: Individuals with access to confidential labor relations information.

NLRB Legal Questions

Representation Elections

  • Employees must choose whether to be represented by a labor organization as their exclusive bargaining agent.

  • Identification of which employees fall into specific bargaining units is necessary.

Unfair Labor Practice Charges

  • Charges related to ULP can be initiated by various parties including employees, unions, and employers.

  • According to Section 10, any ULP charge must be filed within six months of the alleged violation.