Auciello Iron Works A violation of (8)(a)(5) for an employer to assert a GFD about a union’s majority status during CBK, regardless of information in its.

Slides:



Advertisements
Similar presentations
1 Brown v. Pro Football, Inc. fundamental inconsistency between anti- trust law and labor law –anti-trust law based on individual behavior in the market;
Advertisements

Chapter 10 Labor Relations and Collective Bargaining
Labor Relations Chapter 12.
Labor Relations 1.
1 McClatchy Newspapers Inc. v. NLRB, D.C. Cir, No , 12/19/97 Did the employer violate Sec. 8(a)(5) when it unilaterally implemented at impasse.
Dana Corporation, 351 NLRB No. 28, 2007 Legal Issues – Should employees in a bargaining unit to be able to challenge an employer’s lawful voluntary recognition.
1 Relationship between collective agreement/arbitration and law.
1 Weingarten Ee has Section 7 right to refuse to be interviewed without representative present where: –ee requests union representation –ee “reasonably.
1 Allentown Mack Sales v. NLRB Bd’s “good faith, reasonable doubt” standard for (legal “Struksness”) polling and withdrawal of recognition is rational.
1 Allentown Mack Sales v. NLRB Bd’s “good faith, reasonable doubt” standard for (legal “Struksness”) polling and withdrawal of recognition is rational.
1 Epilepsy Foundation Does the Weingarten right extend to employees who are not covered by a collective agreement? May an employer discipline a non-exclusively.
1 GISSEL QUESTIONS Can a union establish a bargaining obligation without an election, taking into account 1947 amendments? Are authorization cards so inherently.
Unions Chapter 22. HOW DO STATE AND FEDERAL GOVERNMENTS REGULATE EMPLOYMENT? w The U.S. Constitution gives the federal government certain powers and reserves.
Labor and Benefits Lawyers Brothers and Sisters In Arms Stuart B. Johnston, Jr. Vinson & Elkins, LLP Stuart B. Johnston, Jr. Vinson & Elkins, LLP.
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning 14-1 Managing Human Resources Managing Human Resources.
Chapter 23: Labor Law. Industrial Relations Spring Econ 4490 Blaw 4490 Mgt
Post ─ Northwestern University: What’s Next? Union Elections 101 1A Faculty Athletics Representatives Sunday, September 21, 2014.
James H. Gilliam BrownWinick 666 Grand Avenue, Suite 2000 Des Moines, IA Telephone: Facsimile:
Collective Bargaining
Labor Relations Chapter 12. Labor Relations Chapter 12.
Filing a Representation Petition. What is a Representation Petition Handles and resolves all issues concerning the representation of employees by a Labor.
Chapter 23: Labor Law. What is a union A union -group of workers who choose representatives (a union) to negotiate with the employer about wages, work.
Safety and Health: Legal Framework Statutory – Occupational Safety and Health Act (OSH Act) of 1970 Sets uniform standards – All business affecting commerce.
Employment Free Choice Act Robert K. Robinson, PhD, SPHR Sam Causley, PhD Dave L. Nichols, PhD, CPA The University of Mississippi.
I NSTITUTE OF N EW K HMER Human Resources Managements Lectured by: NOUV Brosh Mobile Phone: &
Employment Law Unions. What is a labor union? 0 "a group of workers who have banded together to achieve common goals in the key areas of wages, hours,
Legal Framework1. 2 Historical Overview : Conspiracy Doctrine : Decline of Conspiracy Doctrine - Legal Focus on Union Tactics –Through.
Dana Corporation (I), 341 N.L.R.B No. 150, 2004 Should a collective bargaining relationship established pursuant to an agreement between a company and.
Ch © 2006 Prentice Hall THE LEGAL ENVIRONMENT OF BUSINESS A Critical Thinking Approach Fourth Edition Nancy K. Kubasek Bartley A. Brennan M. Neil.
1 Litton Financial Printing Court balancing three conflicting doctrines –In the absence of an agreement to extend contract past the expiration date, Katz.
American National Insurance Not a UFLP for employer to bargain for a “management functions” clause where that clause addresses terms and conditions of.
© 2008 by Prentice Hall12-1 Bargaining Unit Consists of employees (not necessarily union members) recognized by employer or certified by administrative.
MGT 430 – 2015 Class 18 - Chapter 14 Collective Bargaining.
30.1 b a c kn e x t h o m e Chapter 30 Objectives  Discuss the objectives and coverage of the Fair Labor Standards Act.  State the five major provisions.
©2001 West Legal Studies in Business. All Rights Reserved. 1 Chapter 23: Labor Law.
Truitt A violation of 8(a)(5) for an employer to repeatedly refuse to provide relevant (financial or other) information when the claim is relevant to bargaining.
White v. NLRB Elements of good faith satisfied by er – Met with union –Exposed themselves to arguments –Tried to seek agreement – Willing to sign an agreement.
Law for Business and Personal Use © Thomson South-Western Unions and the Employment Relationship Establishment of Unions Employment Relations in a Unionized.
Unions. History of Labor Laws 1800s Met with hostility Criminal Conspiracies A form of monopoly Yellow-dog contracts Ex parte injunction NLRB National.
1 Fall River Bargaining obligation incurred by successor when there is a “rebuttable presumption” of union majority status Successorship determined by.
1 IBM Corporation An employee who is not represented by a union is not entitled to the presence of a co-worker at an interview that the employee reasonably.
1 SECONDARY ACTIVITY AND THE NLRA Basic Points DEFINITION –Pressure by a union on a party uninvolved in the labor dispute (the “secondary”) to pressure.
Employee Rights Education THE NLRA AND ORGANIZING TACTICS.
Nature of Unions Union Why Employees Unionize
8.2 Labor Unions.
UNION ORGANIZING HIRING IN ORGANIZED FACILITIES
BE & K A lawsuit against a union does not violate Section 8(a)(1) merely because the employer loses the suit even if the suit is filed for retaliatory.
Duty to Bargain (White &GE)
Public Sector Unionism
Linden Lumber Does Sec. 9(c)(1)(B) of the NLRA obligate an employer who has committed no unfair labor practices to petition for a representation election.
NLRB v. Katz (and following notes)
General Electric (Majority)
American Ship Building
Chapter 23 Unions and the Employment Relationship
Labor Relation Done By :- Ahmad “Haj Ali” Raed Sukkar Murad Abu Salma Rashed Bsharat.
LORBEN Polling “Debate”
Relationship between collective agreement/arbitration and law
Burns Security Services 406 U.S. 272, 1972
Employee Free Choice Act
Labor Relations and Collective Bargaining
The Legal Environment of Business
Borg-Warner Three Categories of Issues Rationale
Jasper Seating Co. (1988) ALJ held that walkout was protected concerted activity, discharge for such activity violated NLRA Judge found walkout was reasonable.
Prill\Meyers Industries
NLRB v. Katz (and note 4) Employer commits a UFLP if it makes a unilateral change in a term or condition of employment during negotiations Indicates no.
Electromation Board cannot consider “changing industrial realities” in interpreting NLRA where statute is clear to the contrary of requested interpretation;
Oakwood Care Center 343 N.L.R.B. No. 76 (2004)
M.B. Sturgis (and Jeffboat) 331 N.L.R.B. No. 173 (8/25/2000)
Collective Bargaining
CALIFORNIA’S AGRICULTURAL LABOR RELATIONS LAW
Presentation transcript:

Auciello Iron Works A violation of (8)(a)(5) for an employer to assert a GFD about a union’s majority status during CBK, regardless of information in its possession Rationale Stability in labor relations (“repose”) more important than ee choice during term of CBK Board unwilling to give employer leverage of determining timing of assertion of GFD er case-by-case argument understandable, but Board’s presumptions reasonable Board suspicion of er as “champion” of ee rights to refrain from concerted activity

Auciello (cont.) Presumptions of Majority Status Absolute For 1 year after cert. During term of CBK up to 3 years Rebuttable (by er) > 1 year after cert if no agreement after expiration of CBK during a CBK three years after effective date Er may not rely on evidence obtained during the certification year to withdraw recognition after the certification year (Chelsea Industries, 331 NLRB No. 184, 2000, enf’d, No. 00-1443, D.C. Cir., 4/12/02 )

Auciello (cont.) Er GFD withdrawal options between CBK’s withdraw proposal and petition for an election refuse to bargain and defend on absence of majority status Requires good faith doubt Investigate or poll