CH 4 INTRO and Administration of Laws Flashcards
What are the main 3 labor laws
Wagner (NLRA), Taft-Hartley (LMRA), and Landrum-Griffin (LMRDA)
What act protected union CB and orderly settlement of disputes so as not to affect commerce?
Railway Labor Act
The Immigration Act did what?
lowered the # of immigrant workers, therefore, raising wages
The Act that restricted yellow dog contracts and injunctions in non-violent labor disputes was what?
Norris LaGuardia Act
What does NIRA stand for and what two things did it do?
The National Industrial Recovery Act
(1) permitted employers to form trade associations, fix prices, and set quotas’ and (2) protected CB rights
* *now unconstitutional
The Old NLRB said what and is now “old” because why?
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
What did the Wagner act do?
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
What are the 5 unfair labor practices set by the Wagner Act?
- interference with workers to join unions
- cannot discriminate in hiring/firing
- cannot discriminate for filing charges
- refusal to CB
- domination of unions (cannot help)
What was the case solidified the constitutionality of the Wagner Act? What hapened?
NLRB v. Jones Steel Corp.
steel corp fired 10 employees for union activity
NLRB orders company to hire back
What are 6 things the Taft-Hartley Act did?
also known as the LMRA
- 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
The Landrum-Griffin Act
- regulates internal affairs of unions and corrupt practices
- tighten band of secondary activities/boycotts
- recognition picketing is illegal–>should go through election
The NLRB has 2 main powers:
1) conduct secret ballots
2) prevent & remedy ULP
The NLRB carries out its powers through what 2 groups?
5 member Board and Office of General Council
Tell me 4 things about the 5 member board of the NLRB.
- appointed by the President for 5 yr terms
- President’s party holds majority
- Quasi-judicial body
- acts through 3 member panels
The General Council’s powers include
- 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
How many regional offices/directors are there?
34
All matters subject to the NLRA must be filed with whom?
the directors office in the region where the situation arose
The formal hearing of an ULP complaint is done by whom?
Administrative Law Judge
The ALJ or trial examiner is appointed by who? They act free from who? What do they do?
NLRA board, NLRA board, they act as an trial judge and their decision is appealed to the board
What are the 2 types of cases in labor law?
Representation cases- unions trying to form
Unfair labor practice cases
Describe the process in a representation case
- petition is filed with RD
- NLRB reviews RD decision
- CCA (appealed)
- US Supreme Court (appealed)
Describe the process for ULP casses
- Charge of ULP–>filed with RD
- ALJ hearing
- NLRB reviews it
- CCA
- US Supreme Court
