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.
