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Chapter 22 - Labor–Management Relationship
22-18
Issue: Has the union properly represented this member?
it in a perfunctory manner. The appropriate remedy depends on the circumstances.
Vaca v. Sipes, 87 S.Ct. 903 (1967).
E. Unfair Labor Practices by Unions
Emphasize:
The six unfair labor practices.
The relationship between unfair labor practice No. 2 and right-to-work laws.
That a union’s threat to strike in violation of a collective bargaining agreement
constitutes an enjoinable unfair labor practice.
Giving such items as union jackets and free drinks at the place of election are
unfair labor practices.
How difficult it is to distinguish between informational and recognitional
picketing.
Case for Discussion:
1. A union went on strike when its contract with employers expired. Two of its
members (Schous and Choate) were supervisors and continued to work. The
union fined Schous $8,200 and Choate $6,000 for violating its constitution. The
violations involved working for employers that did not have a collective-
bargaining agreement with the union. The employers filed unfair labor practice
charges alleging that the union restrained and coerced the employer in the
selection of his representatives for the purposes of collective bargaining or the
adjustment of grievances. The two supervisors were not directly involved in
collective bargaining or in the grievance procedures, although they could be so
involved in the future.
Issue: Has the union committed an unfair labor practice?
Chapter 22 - Labor–Management Relationship
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closely related activity such as contract interpretation. The general impact of
discipline, the employer may require that its representatives leave the union.
N.L.R.B. v. Intern. Broth. of Elec. Workers, Local 340, 107 S.Ct. 2002 (1987).
Restraining or Coercing an Employee into Joining a Union
Emphasize:
That unfair labor practice includes misconduct by unions directed toward
the same rights.
Causing an Employer to Discriminate against a Nonunion Member
Emphasize:
That if a legal union shop agreement is in effect, a labor organization may insist
that the employer observes its terms.
Striking or Picketing for Illegal Purposes or Engaging in Secondary Boycotts
Emphasize:
That judicial strikes are unfair labor practices.
A jurisdictional strike is used to force an employer to assign work to employees
in one craft union rather than another.
Chapter 22 - Labor–Management Relationship
22-20
Emphasize:
Why picketing is prohibited in certain situations.
Why the Congress passed the Landrum-Griffin Act or Labor-Management
Reporting and Disclosure Act (LMRDA).
Agreeing to Engage in a Secondary Boycott
Emphasize:
The difference between a “hot cargo” contract and a secondary boycott.
Why forbidding secondary boycotts is consistent with national policy.
Picketing When Not Certified
Emphasize:
That in certain cases it is illegal for unions to force an employer to recognize or
bargain with the union if it is not currently certified as the duly authorized
collective bargaining representatives.
Answers to Review Questions and Problems
Labor Laws
1. Law Before 1935
a. The Clayton Act exempted union activities from the antitrust laws; the Railway
Labor Act supports unionization in the transportation industries (originally only in
the railroad industry); and the Norris-LaGuardia Act restricted the use of the
injunction to hinder union activity as well as outlawing yellow-dog contracts.
b. These laws did not explicitly recognize a worker’s right to join a union. Also, the
economic conditions before 1935 did not favor strong employee-focused activities.
Many people were happy to have any job.
The Wagner Act
2. National Labor Relations Board
The jurisdiction of the NLRB is broadly stated as applying to any business affecting
commerce. There are a number of exemptions which reduce the scope of the NLRB’s
jurisdiction. These exemptions are listed on page 439 of the text.
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3. Certification of Unions
the union changes the outcome of the certification election.
NLRB v. Savair Manufacturing Co., 94 S.Ct. 495 (1973).
4. Unfair Labor Practices by Management
a. The five unfair labor practices defined in the Wagner Act are: interfering with union
The Taft-Hartley Act
5. Eighty-Day Cooling-Off Period
a. The president can invoke the provision of the Taft-Hartley Act only when the
6. Free Speech
7. Union Shop—Memberships and Fees
Chapter 22 - Labor–Management Relationship
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8. Suits against Unions
Ed’s meritorious grievance and carelessly failed to process it at all.
9. Unfair Labor Practices by Unions
a. The six unfair labor practices defined in the Taft-Hartley Act are: coercing an
employee to join a union or the employer in selecting representatives; causing or
10. Amendments
a. Congress had three purposes for passing the Landrum-Griffin Act. These are (1)
assuring union members of basic rights, (2) regulating the internal operations of
unions through reporting requirements, and (3) amending the unfair labor practices.
b. The impact of adding unfair labor practices was to make it clear that unions and
employers can’t conspire to engage in secondary boycotts and to prohibit picketing
under special circumstances.
Business Discussion #1
If the workforce is unionized, the company must bargain in good faith over all mandatory
bargaining issues. Such issues are those related to wages, hours, and other terms or
conditions of employment.
1. Is a Christmas gift still purely a management decision?
Chapter 22 - Labor–Management Relationship
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2. Are you in trouble if you cancel the turkeys?
3. What is the union’s role in the decision?
Business Discussion #2
1. What potential claims could Sarah assert against her employer?
Sarah also may have Title VII gender discrimination and Equal Pay Act claims as well
as an FLSA anti-retaliation claim.
2. What defenses should the employer raise?
