Legal Influences

1
Chapter 3

• Legal Influences

2
Railway Labor Act (1926)

• Applies to rail and air carriers, extended to
  include air express companies in 1996
• Representation elections for given craft or
  occupation
• Contract provisions effective until new agreement
  is reached even beyond expiration
• National Mediation Board/emergency board

3
Norris LaGuardia Act (1932)

• Gave employees full right of association
  employers cannot interfere
• Restricted fed. Court injunctions
• Yellow-dog contracts unenforceable
• BUT
• No executive agency to enforce
• No unfair labor practices

4
Wagner Act (1935)

• Aka National Labor Relations Act
• Expected to be struck down like National
  Industrial Recovery Act (1933) - Section 7 gave
  employees right to organize
• Section 8 - employer cannot interfere
• Added teeth to Norris-LaGuardia Act by est.
  National Labor Relations Board hear/rule on
  alleged unfair labor practices

5
Wagner Employer Unfair Labor Practices (ULPs)

• Interfering with Section 7 employee rights to
  organize, join unions, and collectively bargain
  and other group activities
• Refuse to bargain in good faith with unions
• Discriminate/retaliate against employees who
  participate in union or testify
• Dominate or interfere with unions (no company
  unions)

6
During World War II

• National War Labor Board established by Roosevelt
  to help war effort
• labor promised not to strike but did anyway
• War Labor Disputes Act passed over veto
• seizures of plants in labor disputes
• strikes and lockouts were criminal offenses

7
Taft-Hartley Act (1947)

• Amended Wagner/NLRA reduced union power
• Employee had right to refrain from union
  activities
• States could enact right-to-work laws (as in
  Texas!)
• Allows U.S. President to intervene in national
  emergency strikes

8
Taft-Hartley Union Unfair Labor Practices (ULPs)

• Coercion of employees to participate in union
  activities
• Force an employer to discriminate against a
  non-union member
• Refuse to bargain in good faith
• Breach of contract issues, such as hot cargo,
  forcing recognition of another union when one is
  already certified

9
Landrum-Griffin Act (1959)

• Unions had to file activities/financial reports
• Bill of Rights for union members, inc. suing
• Union elections must use secret ballot
• Union officers regulated
• Racketeer Influenced and Corrupt Organizations
  Act (RICO) (1970)
• Increased penalties for corruption

10
Other relevant laws

• Americans with Disabilities Act (1990) - no
  discrimination reasonable accommodation except
  for undue hardship
• Bankruptcy Act (1984) - subjects contract
  proposal and union negotiations to court review
  prior to rejection of union contract
• Worker Adjustment and Retraining Act - required
  notification 60 days prior to plant closing or
  mass layoff

11
Other relevant laws (cont.)

• Civil Rights Act (1991) - no discrimination on
  race, color, religion, sex or national origin
• Age Discrimination in Employment Act (1967) -
  over age of 40
• Executive Orders 11246 and 11375 - requiring
  affirmative action by government
  contractor/subcon for minority employees