The National Labor Relations Act

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The National Labor Relations Act
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The National Labor Relations Act (NLRA)

• Purpose Provide workers with legal protection in
  their rights to organize and bargain collectively
  through representatives of their own choice
• Coverage Firms engaged in interstate commerce -
  set in terms of the Dollar volume of business the
  firm does annually. (pp. 62-63 Twomey).
• Enforcement The National Labor Relations Board
  (NLRB) (Offices Basic Procedures pp. 58-59
  Twomey).
• http//www.nlrb.gov/
• Exempt Employers Federal Govt. State or
  political subdivisions Railroads, Airlines, or
  Companies subject to Railway Labor Act (RLA)
  Foreign crews on foreign flag vessels temporarily
  in US ports Certain Religious Organizations
• Exempt Employees Agricultural Laborers
  Domestics within a persons home individuals
  employed by a parent or spouse Independent
  contractors Supervisors.

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Administration of the NLRB

• Five member board appointed by the president
• General Council responsible for investigation
  prosecution of the act
• Regional Directors
• Board has delegated its authority over
  representation elections to the regional
  directors.
• General Council has delegated authority to issue
  complaints in unfair labor practice (ULP) cases
  to the regional directors
• Administrative Law Judges (ALJ) conduct formal
  hearings on ULP complaints issued under authority
  of the General Council. ALJ decisions may be
  appealed to the Board.

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Key Points

• An employee does not have to be a member of a
  union. A certified union does not have to be
  involved, and there does not have to be an
  organizing drive in existence for an employee to
  have protection under the NLRA. Section 7 of the
  Act guarantees all employees the right to engage
  in concerted activities for the purpose of
  collective bargaining or for other mutual aid or
  protection.
• Section 8(a)(1) prevents employers from
  interfering with employees attempting to exercise
  Section 7 Rights Its an Unfair Labor Practice to
  interfere with, restrain or coerce employees in
  the exercise of their rights guaranteed in
  Section 7.

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The NLRB

• The NLRB handles two kinds of legal questions 1.
  Unfair Labor Practice Charges 2. Representation
  Elections
• The NLRB does not initiate proceedings
• The NLRB does not restrict who can file ULP
• Election Petitions may be filed by either
  employees or the employer
• Section 7 of the act guarantees all employees the
  right to engage in concerted activities for the
  purpose of collective bargaining or other mutual
  aid or protection

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Selecting the Appropriate Bargaining Unit

• In most nonunion companies, current employees
  initiate the union organizing process.
• The initial phases of the process are carried out
  in secret.
• When management does find out, the typical
  reactions are shock, frustration, anger.
• One of managements biggest mistakes at the
  beginning of the process is to underestimate the
  union organizer.
• Employees must present a 30 showing of interest
  to initiate formal proceedings.

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Election Process

• The NLRB supervises two basic types of election
  processes 1. Certification 2. Decertification.
• Certification elections determine if the
  employees will or will not be represented by a
  union. The union wins if 50 plus 1 of those who
  vote in the election,vote for the union.
• Decertificaiton elections must be initiated by
  the employees and are an attempt to remove a
  union as the exclusive representative of the
  employees.
• The role of the 1st line supervisor is critical
  in both types of elections.

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Election Conduct Free Speech

• Pre-election rules
• Peerless Plywood 24 hour rule prohibits both
  unions and employer from delivering speeches to
  captive audiences within 24 hours of an election.
• Excelsior Underwear employers required to
  provide a list of names and addresses of all
  employees eligible to vote in a representation
  election (Excelsior List). Must be provided
  within 7 days after an election has been directed
  or agreed upon.
• Violation of these rules may be grounds for
  setting aside an election.
• Employer Free Speech
• No threats of reprisal or force or promise of
  benefit Gissel Packing Co. case employer may
  state likely economic consequences of
  unionization that are outside the employers
  control.
• No-solicitation rules
• General rule employer may prohibit union
  solicitation by employees during work periods
• E-mail employer must consistently enforce policy
• Necessity of Non-discriminatory enforcement of
  Rules St. Margaret Mercy Healthcare Centers v.
  NLRB case.

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Union Organizing Initiatives

• Change to Win Coalition http//www.changetowin.o
  rg/
• UNITE http//www.unitehere.org/
• SEIU http//www.seiu.org/
• Union Salting - http//www.fklaborlaw.com/union-sa
  lting.html
• Card Check and neutrality agreements -
  http//www.nrtw.org/neutrality/info

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Unfair Labor Practice Charges

• Charge process begins at NLRB regional office
• Regional office investigates promotes
  settlement or withdrawal of complaint
• Regional director can issue a formal complaint or
  dismiss the charge
• If a complaint is issued, a hearing is held
  before an Administrative Law Judge (ALJ)
• ALJ issues findings of fact and recommendation
• NLRB reviews and makes final order
• Board seeks enforcement or parties seek review in
  U.S. Court of Appeals

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Collective Bargaining

• Bargaining in good faith Both parties must meet
  a reasonable times to discuss wages, hours, and
  terms and conditions of employment
• Any agreement reached must be put in writing if
  either party so request
• Must bargain with the representatives of the
  employees
• Mandatory subjects subjects that vitally effect
  the terms and conditions of employment - broadly
  interpreted by the NLRB economic impact -
• Prohibited Subjects - Proposals that violate the
  NLRA or other laws. For example, a closed shop
  agreement or hot cargo clause.

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Union Security Clauses

• Agency Shop All members of the bargaining unit
  must either be members or pay a representational
  fee to the union
• Union Shop All employees must join the union
  within a certain period after hiring
• Closed Shop Individuals must belong to the union
  before hire (illegal)
• Outlawed in right to work states

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Other procedural requirements

• Duty to furnish information when an employer
  pleads inability to pay in response to a union
  demand, the employer must provide financial
  information to support the claim
• Notification requirements 60 days prior to
  expiration of an agreement - strikes or lockouts
  prohibited during 60 day cooling off period
• Disputes must be referred to the Federal
  Mediation and Conciliation Service (FMCS)

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Dispute Settlement

• Grievance Procedures and Arbitration
• Grievance procedure a procedure for settling
  disputes set forth in the collective bargaining
  agreement.
• Arbitration the settlement of disputes by a
  neutral adjudicator chosen by the parties to the
  dispute Two types Interest arbitration
  Rights Arbitration

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Arbitration

• 1. Interest Arbitration - used to create a new
  agreement (usually found in the public sector)
• 2. Rights Arbitration - disputes involving the
  interpreting of an existing collective bargaining
  agreement. Generally the final step in the
  grievance procedure.
• Grievance Procedure A complaint that either
  party to the agreement is not living up to the
  obligations of the agreement collective
  bargaining during the life of the agreement.

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Strikes

• Strike the organized withholding of labor by
  workers
• General Types
• Economic related to a dispute with employer over
  wages, hours, and or working conditions.Often
  associated with negotiation of a new contract.
  Strikers may be permanently replaced by strike
  replacements. (NLRB v. Mackay Radio, 1938)
• Unfair Labor Practice individuals who go out to
  protest an unfair labor practice of an employer
  ie. Firing a union leader because of union
  activity. When strikers protesting make an
  unconditional request to return to work, employer
  may not employ replacement workers in preference
  to the strikers.

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Regulating Internal Union Conduct

• Union Duty of Fair Representation union
  officials have a duty to provide fair and
  nondiscriminatory representation for all person
  in a bargaining unit.
• Union Members Rights is an ULP to restrain or
  coerce employees in the exercise of the rights
  guaranteed in Section 7
• Unions can fine members for crossing a picket
  line
• Unions can fine members who exceed a union
  piecework rule