Labor and Immigration Law Chapter 21 Labor and Immigration Law Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.

Federal Labor Union Statutes Norris-LaGuardia Act National Labor Relations Act (NLRA) Labor-Management Relations Act Labor-Management Reporting and Disclosure Act Railway Labor Act Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.

Organizing a Union Section 7 of the NLRA gives employees the right to join together and form a union. The group that is seeking representation is called a bargaining unit. Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.

Types of Union Elections Contested election Consent election Decertification election Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.

Union Solicitation Employer may restrict solicitation on employer property by employees. May limit solicitation to employees’ free time. May limit solicitation to nonworking areas. Off-duty employees may be barred from soliciting on employer premises. Nonemployee solicitation Employer may prohibit solicitation by nonemployees on employer property. Exception: if employees are inaccessible Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.

Illegal Interference With an Election Employer unfair labor practices Interference, coercion, restraint of employees Threats of loss of benefits Union unfair labor practices Coercion, physical threats Court may issue a cease-and-desist order or set aside an election if it finds there have been unfair labor practices. Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.

Collective Bargaining The act of negotiating contract terms between an employer and the members of a union Collective bargaining agreement The resulting contract from a collective bargaining procedure Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.

Collective Bargaining Compulsory subjects of bargaining Wages Hours Terms and conditions of employment Illegal subjects Permissive subjects Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.

Union Security Agreements Union shop An employee must join the union within a certain number of days after being hired. Agency shop Employees do not have to be union members but must pay an agency fee (an amount equal to union dues) to the union. Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.

State Right-to-Work Laws 22 states have enacted right-to-work laws. In these states, employees cannot be forced to join a union or to pay dues or fees. Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.

Strikes and Picketing Strike – cessation of work by union members to gain benefits or correct an unfair labor practice Picketing – strikers walking in front of employer’s premises with signs announcing a strike Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.

Illegal Strikes Violent strikes Sit-down strikes Partial or intermittent strikes Wildcat strikes Strikes during a 60-day cooling-off period Strikes in violation of a no-strike clause Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.

Secondary Boycott Picketing of struck employer’s suppliers or customers Is lawful if it is product picketing Is unlawful if it is directed against a neutral employer instead of against struck employer’s product Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.

Internal Union Affairs Worker Adjustment and Retraining Notification (WARN) Act Federal act requires employers with 100 or more employees to give 60 days notice before plant closings Landrum-Griffin Act Gives each union member equal rights Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.

Immigration Law Immigration Act of 1990 Unlawful for employers to hire illegal immigrants H-1B Foreign Guest worker visa Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.