CH 4 INTRO and Administration of Laws Flashcards

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1
Q

What are the main 3 labor laws

A

Wagner (NLRA), Taft-Hartley (LMRA), and Landrum-Griffin (LMRDA)

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2
Q

What act protected union CB and orderly settlement of disputes so as not to affect commerce?

A

Railway Labor Act

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3
Q

The Immigration Act did what?

A

lowered the # of immigrant workers, therefore, raising wages

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4
Q

The Act that restricted yellow dog contracts and injunctions in non-violent labor disputes was what?

A

Norris LaGuardia Act

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5
Q

What does NIRA stand for and what two things did it do?

A

The National Industrial Recovery Act

(1) permitted employers to form trade associations, fix prices, and set quotas’ and (2) protected CB rights
* *now unconstitutional

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6
Q

The Old NLRB said what and is now “old” because why?

A

The “Old NLRB” was the board that was given authority to review disputed under Section 7(a). However, they did not have any enforcement power

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7
Q

What did the Wagner act do?

A

it is a comprehensive labor code that tried to give strength to secret ballot elections
Under Sec. 7 it gave E’ees the right to form, join, or assist, and engage in other activities
It provided 5 ULP of E’ers

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8
Q

What are the 5 unfair labor practices set by the Wagner Act?

A
  • interference with workers to join unions
  • cannot discriminate in hiring/firing
  • cannot discriminate for filing charges
  • refusal to CB
  • domination of unions (cannot help)
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9
Q

What was the case solidified the constitutionality of the Wagner Act? What hapened?

A

NLRB v. Jones Steel Corp.
steel corp fired 10 employees for union activity
NLRB orders company to hire back

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10
Q

What are 6 things the Taft-Hartley Act did?

also known as the LMRA

A
  • created an independent General Council
    -created a 5 member board that performs quasi-judicial functions
    -made 5 ULP for unions
    made closed shop illegal
    -prohibits secondary activities
    grants federal courts the power to resolve issues of CBA
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11
Q

The Landrum-Griffin Act

A
  • regulates internal affairs of unions and corrupt practices
  • tighten band of secondary activities/boycotts
  • recognition picketing is illegal–>should go through election
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12
Q

The NLRB has 2 main powers:

A

1) conduct secret ballots

2) prevent & remedy ULP

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13
Q

The NLRB carries out its powers through what 2 groups?

A

5 member Board and Office of General Council

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14
Q

Tell me 4 things about the 5 member board of the NLRB.

A
  • appointed by the President for 5 yr terms
  • President’s party holds majority
  • Quasi-judicial body
  • acts through 3 member panels
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15
Q

The General Council’s powers include

A
  • 4 yr term
  • general supervision of attorneys and staff
  • investigate, issue, and prosecute complaints
  • has appellate jurisdiction over regional directors rulings on charges of ULP
  • reports to President
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16
Q

How many regional offices/directors are there?

A

34

17
Q

All matters subject to the NLRA must be filed with whom?

A

the directors office in the region where the situation arose

18
Q

The formal hearing of an ULP complaint is done by whom?

A

Administrative Law Judge

19
Q

The ALJ or trial examiner is appointed by who? They act free from who? What do they do?

A

NLRA board, NLRA board, they act as an trial judge and their decision is appealed to the board

20
Q

What are the 2 types of cases in labor law?

A

Representation cases- unions trying to form

Unfair labor practice cases

21
Q

Describe the process in a representation case

A
  • petition is filed with RD
  • NLRB reviews RD decision
  • CCA (appealed)
  • US Supreme Court (appealed)
22
Q

Describe the process for ULP casses

A
  • Charge of ULP–>filed with RD
  • ALJ hearing
  • NLRB reviews it
  • CCA
  • US Supreme Court