American Labor Law in the Private Sector Flashcards
Labor relations law is based on the U.S Constitution, _________ law, judicial decisions and interpretations, and administrative decisions by agencies of the executive branch.
statutory
Most labor relations activities are based on labor relations law. Labor relations law is derived in part from the U.S. constitution, such as the _____ Amendment being interpreted to mean that employees are free to join unions. Labor relations law is also derived from statutory law, judicial decisions and interpretations, and administrative decisions by agencies of the executive branch.
First
Without a determined legislative direction, the relationships between labor unions and employers were controlled by the _________ system.
judiciary
Explanation:
In this manner, the courts were also key in preventing the organization of unions for many years from the 1800s until the 1930s.
In the United States, the criminal conspiracy doctrine was first applied through labor relations law in 1806 to a group of __________ in Philadelphia who had refused to work for the allocated wage or with nonmembers.
shoemakers
The _________ conspiracy doctrine was applied to this group of men, who were found guilty of forming an illegal coalition in attempts to raise their own wages. This was the first major labor relations case in the U.S. and the doctrine made it illegal for employees to form a union.
criminal
The case of Commonwealth v ____ was one which is considered to have ended the use of the criminal conspiracy doctrine, based on the idea that both the objectives of the labor union and the means of achieving them must be investigated.
Hunt
Explanation:
This case received much protest as a group of members of the Journeymen Bookmakers Society were tried for refusing to work in shops where nonmembers were paid $2 less per pair of boots. The judgment of the case was based on the idea that the objectives of the labor union and how they attempted to achieve them should be considered, rather than simply considering all labor unions to be illegal.
The idea that a group may inflict harm on other parties while undertaking concerted activities in pursuit of a valid objective of their own resulted in the development of the civil __________ doctrine.
conspiracy
Explanation:
The courts developed the civil conspiracy doctrine following the end of the use of the criminal conspiracy doctrine. It was based on the idea that a union could inflict harm on others even while trying to pursue valid objectives.
As a result of Commonwealth v. Hunt (1842) unions were ruled to be legal organizations and had the right to ______.
strike
Explanation:
Before this decision, labor unions which attempted to close or create a unionized workplace could be charged with conspiracy. This case is important because it removed the use of the Criminal Conspiracy Doctrine as a tool against labor.
The most popular strike demand has historically been for _________.
higher wages
Explanation:
By far the most common cause of strikes seems to be the refusal of a demand for an increase in wages. Strikes against a reduction of wages or of hours are comparatively rare.
The term ______________ refers to the union practice of either limiting output or requiring more union workers than is necessary.
featherbedding
Explanation:
Slowdowns, featherbedding (or make-work rules), and resistance to technological changes are all characteristics common to unions which tend to decrease production and raise unit costs.
The Vegelahn v Gunter case in 1896 saw an injunction issued against a union _________ for increases in pay and shorter work hours as it was deemed that these actions could lead to further trouble.
picketing
Explanation:
In this case, the civil conspiracy doctrine was put into action as the union’s actions were believed to possibly have a negative effect despite the legitimate purposes of the protest.
Breach of contract is a common-law rule that was used by employers to restrict union membership. This was achieved by having employees sign a contract stating that they would not join a union or help form one as a condition of __________.
employment
Explanation:
If an employee did join a union or help start one, they had breached the contract signed as a condition of employment and could then be dismissed. By having employees sign a contract upon beginning work, the employers were securing their control over union activities and preventing such organizations from developing.
Some employers demanded employees sign a __________ contract, which stated that they would not join or assist in the organization of a union. Any violation of this contract would allow the company to discharge the employee.
Yellow-dog
Explanation:
Under these laws, the employer was given the power to raise an injunction against any union organizers who attempted to recruit members from among those who had signed the yellow-dog contract as well as discharging the employee.
The Sherman Antitrust Act of 1890 was passed to prevent the concentration of ownership, to prevent business _________, and to prevent business combinations that eliminated competition.
monopolies
Explanation:
The wording of this law made it difficult to determine if it applied to unions. If it did apply to unions, it would mean that they would be classified as illegal.
In the landmark decision commonly known as the ____________ case in 1908, a union had attempted to organize Loewe and Company and insisted that only members be employed. The court determined that unions were covered under the Sherman Antitrust Act and made the union pay damages to the company.
Danbury Hatters
Explanation:
The United Hatters of America were a widespread organization in the industry and were attempting to further their hold. Due to the massive amount of damages caused to the company by the boycott, the court ruled in favor of Loewe and Company on the basis that unions were covered by the Sherman Antitrust Act and were illegal. This sparked claims among unions that the Sherman Act be amended.
The passage of the Clayton Act proved more damaging to the unions than helpful–as initially thought– because it allowed companies to seek injunctions on their own whereas previously it had to be done by the U.S. _________________.
district attorney
Explanation:
The Clayton Act was initially thought to bring justice back to the unions. However, it proved more useful to employers as it made it possible for employers to seek injunctions against unions.
The Railway Labor Act was passed in 1926 after a number of amendments to the ______________ Act and was drafted by combined efforts of both union representatives and executives of the transport industry.
Transportation
Explanation:
The Railway Labor Act largely relied upon collective bargaining to resolve labor disputes and was determined to be constitutional by the Supreme Court. It was the first comprehensive labor relations law and included that parties enter mediation if unable to settle disputes.
As originally conceived, the sovereignty doctrine was used as justification for denying ______ employees the right to strike and the right to collective bargaining.
public
Explanation:
Applying the doctrine specifically to the right to strike, Herbert Hoover said in 1928 that “no government employee can strike against the government and thus against the whole people.”
In 1932, the Norris-La Guardia Act or Federal _______________ Act was passed. It marked a change in the philosophy of labor relations and was the first law to protect the rights of unions and workers to engage in organized union activity.
Anti-Injunction
Explanation:
The Norris-La Guardia Act came as a result of Congress appreciating the legitimacy of collective bargaining; it prohibited the yellow-dog contracts. The law allowed workers full freedom in negotiating conditions of employment, including forming unions for the purpose of negotiating.
One of the deficiencies of the Norris-La Guardia Act was that an ______________ agency was not established to enforce it. This meant that enforcement had to be pursued through the judicial system.
administrative
Explanation:
The Norris-La Guardia Act was not accompanied by an administrative agency to enforce it. This meant that enforcement had to occur via the judicial system. This was a significant deficiency, especially because the judicial system was not known for being responsive to the needs of employees.
The Federal Anti-Injunction Act (also called the Norris-La Guardia Act) gave union members the right to ______, heavily restricted the issuing of injunctions, and allowed injunctions to be issued only for specific acts.
strike
Explanation:
The Federal Anti-Injunction Act gave employees the right to join unions and to conduct activities to negotiate the terms of employment. This included that employees had the right to strike. The act also made it difficult for employers to issue injunctions and only allowed these to be issued for specific acts.
In 1933, the National Industrial Recovery Act was adopted. It encouraged employers to form associations to draw up codes of fair competition. Companies complying with these codes could display the __________ symbol.
Blue Eagle
Explanation:
The NIRA survived for 2 years before being declared unconstitutional, but was made to include a section that guaranteed employees the right to unionize without employer interference.
Senator Robert ______ brought to Congress a separate labor relations law known as the National Labor Relations Act, which guaranteed employee rights and specified illegal activities by employers.
Wagner
The National Labor Relations Act was also known as the _______ Act. It specified the rights of employees to engage in union activities and specified unfair labor practices of employers.
Wagner
The National Labor Relations ______ was established to rule on alleged unfair labor practices and to conduct the representation elections.
Board
Explanation:
The National Labor Relations Board was established by the Wagner Act to determine violations of the National Labor Relations Act and was originally chaired by Robert Wagner.
The National Labor Relations Board was responsible for establishing policy and making final judgments, but the general supervision and final _________ on investigating and issuing complaints was performed by the General Counsel.
authority
Explanation:
The NLRB consisted of a five-member board and its associated staff, the General Counsel and its staff, as well as regional offices located in major cities. The General Counsel had the final authority on investigating and issuing complaints.
The Wagner Act did not apply to all employers and employees, but covered a large portion of the private sector. People working for federal, state, and local government, and those subject to the Railway Labor Act were specifically ______ from the Act.
exempt
Explanation:
The Wagner Act did not cover government workers and those subject to the Railway Labor Act. Supervisors, managers, agricultural workers, domestic (i.e. household) employees, and family workers were also not covered by the Act.
Under _________ of the National Labor Relations Act, employees were guaranteed a variety of rights including the ability to engage in concerted activities for the purpose of collective bargaining or other forms of mutual aid.
Section 7
Explanation:
The NRLA gave employees the right to engage in concerted activities for the purpose of collecting bargaining including strikes, pickets, and boycotts. It also gave employees the right to form unions, to choose either to join or to refuse to join unions, and to bargain collectively.
The _________ doctrine states that when an employee invokes the rights covered in a collective bargaining agreement, he is acting in the interests of all employees covered by the agreement.
Interboro
Explanation:
The Interboro doctrine states that an employee invoking the rights expressed in a collective bargaining agreement, is acting in the interests of all persons covered by the collective bargaining agreement. This means that doing so is considered concerted protective activity.
The process for unfair labor practice complaints begins with the filing of a charge to the NLRB by an employee, employer, labor union, or individual. Following this, the party that is being charged is ________.
notified
Explanation:
One of the main roles of the NLRB is to adjudicate disagreements between different parties. Unfair labor practice complaints follow stringent procedures to ensure justice is served.
The supreme courts were often accused of having a _________ bias due to the fact that the NLRB’s record with the courts was mostly supportive.
pro-union
Explanation:
The NLRB is rated overall as an administrative success due to the large percentage of cases that have been upheld by the Supreme Court. This demonstrates the resulting strength of union power.
The ____________ Labor Act of 1947 gave the President the power to secure an injunction to postpone for 80 days any strike that might affect national security.
Taft-Hartley
Explanation:
Strong anti-labor sentiment after World War II resulted in the Taft-Hartley Labor Act. Among other things, it made secondary boycotts and closed shops illegal and gave the President the power to postpone strikes that might affect national security.
Many employers were dissatisfied with the union bias of the Wagner Act and sought balancing legislation. This was enacted in 1947 as amendments to the Wagner Act and was known as the Labor Management Relations Act or ____________ Act.
Taft-Hartley
Explanation:
Employers sought for equality in coverage through the Act in light of the fact that unions could also engage in tactics resulting in a refusal to engage in collective bargaining. The amendments were made in 1947 and resulted in the Labor Management Relations Act, also known as Taft-Hartley.
The amendments to the Wagner Act saw that the union guidelines were expanded so that they could not strike to gain recognition of uninvolved second parties and so that they must bargain in __________ with employers.
good faith
Explanation:
The Labor Management Relations Act was put into play to ensure the equal coverage of the union members, the unions, and the employers. The Act made it necessary that employees and unions bargain in good faith with employers.
Under the union shop clause, an employee does not have to be a member of a union prior to employment, but would be required to join after a ____________ period to remain employed.
probationary
Explanation:
Under the union shop clause, an employee has to become a member of a union to remain employed once a probationary period is completed.
According to the agency shop clause, an employee is under no pressure to join the union but must pay union ____ to keep their job.
dues
Explanation:
Under this clause, non-union employees can continue working for the company without becoming union members. However, non-union employees must pay the union a sum equal to membership fees. The Supreme Court has upheld the agency shop clause, though has limited the amount of fees that can be required.
The _____________ laws were introduced to make illegal any work contracts stating that union membership is a necessary requirement for employment.
right-to-work
Explanation:
These laws were created to enable the passage of stricter legislation regarding the employee’s rights not to participate in union activities. These were met with opposition from union members, who saw this as an opportunity for some employees to benefit from union achievements without contributing to the cause.
Due to concerns over internal union affairs, the U.S. Department of Labor was given the power to audit political and financial affairs of unions in 1959 through the ___________ Act.
Landrum-Griffin
Explanation:
Also known as the Labor-Management Reporting and Disclosure Act (LMRDA), the Landrum-Griffin Act sought to return the rights of union members in areas of freedom of speech, equal voting, and other issues affecting them directly.
The Labor-Management Reporting and Disclosure Act (LMRDA) grants certain rights to union members and ________ their interests by promoting democratic procedures within labor organizations.
protects
Explanation:
The LMRDA establishes the following: a bill of rights for union members, reporting requirements for labor organizations, standards for the regular election of union officers, and safeguards for protecting labor organization funds and assets.
Breininger v. Sheet Metal Workers was a key _____________ case related to the Labor Management Reporting and Disclosure Act (LMRDA).
Supreme Court
Explanation:
According to Breininger, the union passed him over in making referrals from the out-of-work list in retaliation for his political opposition to the union’s leadership. He alleged the union violated the Member’s Bill of Rights in the LMRDA.
The Equal Employment Opportunity Act of 1972 was implemented to amend Title VII of the ____________ Act of 1964. It prohibited employment discrimination of any form by companies, unions, and agencies.
Civil Rights
Explanation:
The Equal Employment Opportunity Act of ____ saw that employees could not be given or refused employment on the basis of race, color, religion, sex, or nationality.
1972
The Americans with ____________ Act of 1990 seeks to represent those persons with a physical or mental impairment that substantially limits that person in some major life activity.
Disabilities
Explanation:
This act applies to employment, public accommodations, transportation, and telecommunications and is considered a “bill of rights” to those people with disabilities. It prohibits discrimination in all conditions of employment.
The Age Discrimination Act of 1967 prohibits the discrimination against people who are between the ages of forty and seventy and also forbids forced __________ based on age before seventy.
retirement
The Age Discrimination Act prohibits discrimination based on ____. It also forbids forced retirement before the age of seventy, but permits compulsory retirement of executives who are entitled to pensions of more than $44,000 per year.
age
____________ legislation within industries allowed new companies to join a previously regulated market and created competition with regards to wages for both the union and nonunion sectors.
Deregulation
Explanation:
Previously, it was traditional to regulate certain industries within the United States in an effort to eliminate discrepancies between pricing of companies. Deregulation legislation was implemented to try and reduce monopolies and restore the competition of prices.
The Occupational Safety and Health Act was created in 1970 and stated that no employee could be discharged or discriminated against as a result of filing a safety _________ or causing a proceeding relating to the act.
complaint
The Employee Retirement and Income Security Act of 1974, also known as the ______________ Act, follows strict regulatory guidelines regarding the vesting requirements of pension plans.
Pension Reform
The Employee Retirement and Income Security Act of 1974 is also known as the Pension Reform Act. The Act aims to ensure the correct payment contributions of employers and aims to prevent the __________ of pension plans.
underfunding
In 1988, Congress passed the Work Adjustment and Retraining ____________ Act in response to the sudden dismissal of employees without sufficient notice coupled with company shutdowns.
Notification
Explanation:
According to this law, companies with more than 100 employees must give 60 days advance notice of layoffs and plant closings to fulltime staff, unions, and state and local government.
WARN (Workers Adjustment and Retraining Notification Act) requires that employers found to be in violation of the act give those employees back pay of up to ___ days. This action can only be pursued through legal action taken in the federal district court.
60
Explanation:
To be successful in such claims, the employees are usually forced to hire the expensive services of an attorney as there is no federal agency responsible for enforcing the law.
Situations in which companies are unable to honor the arrangements of the labor agreement due to economic failure are directed to the __________ Act of 1984 to determine whether such measures could have been avoided.
Bankruptcy
Explanation:
In these cases, the courts must decide if the actions of the company directly violate the good-faith bargaining arrangement.
The Racketeering Influenced and Corrupt Organizations Act is part of the Organized Crime Control Act and outlines that no person involved in racketeering may invest in or have control over any business or labor union engaged in __________ commerce.
interstate
Explanation:
A person found guilty of such actions will be penalized and could potentially be made to divest themselves of all associations and contributions of the business and pay damages to peoples who suffered through such actions.
