Chapter 24 - Labor Law
11. Under the act, unions cannot refuse to bargain collectively with an employer and prior
to the termination date of a collective bargaining contract must give notice to the
employer of an intention to strike.
12. Under the act it is an unfair labor practice for a labor union to require an employer to
keep unneeded employees, pay employees for not working, or assign more employees
to a given job than needed (featherbedding).
B. The Landrum-Griffin Act
1. The Labor Management Reporting and Disclosure Act of 1959, known as the
Landrum-Griffin Act, is a tough anticorruption law.
2. It was designed to clean up corruption and violence that had been uncovered in the
internal affairs of unions.
3. It requires all unions to adopt constitutions and bylaws and to register them with the
Secretary of Labor.
4. Unions are required to submit annual reports detailing assets, liabilities, receipts and
sources, payments to union members exceeding $10,000, loans to union members and
businesses, and other monies paid out.
5. A provision assures all union members of the opportunity to participate in the internal
affairs of their union.
6. It makes it an unlawful labor practice to become involved in a hot-cargo contract by
which an employer voluntarily agrees with a union not to handle, use, or deal in
nonunion-produced goods of another employer.
II. The Collective Bargaining Process (24-3)
A. The National Labor Relations Board
1. The NLRB is a governmental commission that has the exclusive jurisdiction to
enforce Taft-Hartley and related laws.
2. It has investigative, regulatory, administrative, enforcement, and judgmental powers.
3. Appeals from the NLRB go to the U.S. Court of Appeals and then to the U.S.
B. Unfair Labor Practice Procedure
1. A person, union, or employer can file notice with the NLRB of an alleged unfair labor
practice within six months after it occurs.
2. Unfair labor practices include not only those practices that occur between
management and the labor union, but also those between a union and its own
3. If the charge has merit, a complaint is issued.
4. In the event that the complaint is found to be valid, a cease and desist order may be
issued, restoring the parties to the state that existed before the unfair practice began.
5. The Taft-Hartley Act encourages labor and management to agree freely on the
settlement of disputes; and to further voluntary agreement, Congress formed the
federal Mediation and Conciliation Service.
C. The Right to Strike in the Public Sector
1. In the public sector, the right to strike is restricted.
2. The U.S. Code states that “an individual may not accept or hold a position in the
government of the United States or the government of the District of Columbia if he
participates in a strike or asserts the right to strike against the government.”
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