Chapter 13 Critical Legal Questions

Question 1

In 1842, what legal tool was used when labor disputes threatened?

Answer 1

restraining orders

Question 2

How did the court grant the use of restraining orders?

Answer 2

without notice, hearing, or trial, on the say-so of the employer

Question 3

What could employees do when a restraining order was issued?

Answer 3

either go back to work or quit.

Question 4

What would happen to employees if they continued “bad conduct” after a restraining order was issued?

Answer 4

they’d be held in contempt

Question 5

Who wrote The Jungle?

Answer 5

Upton Sinclare

Question 6

When was the American Federation of Labor created?

Answer 6

1885

Question 7

Who created the American Federation of Labor?

Answer 7

Samuel Gompers (jewish cigar maker)

Question 8

What does AFL stand for?

Answer 8

American Federation of Labor

Question 9

When was the Congress of Industrial Organization born?

Answer 9

1935

Question 10

What does CIO stand for?

Answer 10

Congress of Industrial Organization

Question 11

When did the American Federation of Labor and the Congress of Industrial Organization merge?

Answer 11

1955

Question 12

What five labor-law statutes form the statutory foundations of US labor law?

Answer 12

(1) Railway Labor Act 1926
(2) Norris-LaGuardia Act 1932
(3) Wagner Act 1935
(4) Taft-Hartley Act 1948
(5) Landrum-Griffen Act 1959

Question 13

Under the Railway Labor Act, what can the President of the United States order?

Answer 13

a 30-day injunction

Question 14

Under the Railway Labor Act, when can the President order a 30-day injunction?

Answer 14

when a strike imperils national welfare

Question 15

What was the major thrust of the Norris-LaGuardia Act?

Answer 15

divest the courts of injunctve powers in labor disputes except if life or property were at risk

Question 16

What became the real cornerstone of American labor legislation?

Answer 16

The National Labor Relations Act (Wagner Act)

Question 17

What are the two basic provisions of the Wagner Act?

Answer 17

(1) gives employees the right to form unions and bargain collectively
(2) forces employers to deal with unions and gives fed power to prohibit actions by employers that interfere with those rights

Question 18

What board did the Wagner Act create?

Answer 18

the National Labor Relations Board

Question 19

What power did the NLRB have?

Answer 19

power to review unfair labor practice complaints and implemented provisions

Question 20

What does NLRB stand for?

Answer 20

National Labor Relations Board

Question 21

How is a Union installed?

Answer 21

a union is voted into office by employees

Question 22

What is a “collective bargaining agreement”?

Answer 22

a contract negotiated when the union is voted in

Question 23

What are employers and employees required by law to bargain over in good faith?

Answer 23

wages, hours, and working conditions

Question 24

What amendment to the National Labor Relations Act did Congress pass in response to sweeping labor strikes after WWII?

Answer 24

Labor-Management Relations Act

Question 25

What are four major provisions of the Labor-Management Relations Act?

Answer 25

(1) encouraged dispute resolution- 80 day cooling off period
(2) outlawed closed shop
(3) created Unfair Labor Practices by unions
(4) made illegal a refusal to bargain in good faith

Question 26

What is a “closed shop”?

Answer 26

employers only choose from a pool of applicants chosen by the union

Question 27

What is a “union” shop”?

Answer 27

all employees eventually join the union

Question 28

What are “right to work States”?

Answer 28

no employee ever can join a union

Question 29

What are 3 noticeable trends regarding unions?

Answer 29

(1) decline in union membership
(2) increase in corporations use of temprary employees
(3) growing kinship between labor and environmentalism

Question 30

When was the Fair Labor Standards Act passed?

Answer 30

1938

Question 31

What are 3 fundamental functions of the Fair Labor Standards Act?

Answer 31

(1) minimum wage
(2) maximum hours
(3) child labor

Question 32

When was the Social Security Act created?

Answer 32

1935

Question 33

What did the Social Security Act of 1935 create?

Answer 33

federal-state plan of unemployment insurance

Question 34

What was the basic plan of the Social Security Act of 1935?

Answer 34

impose payroll taxes on covered employers to provide a fund, given by the states, so the unemployed could draw a weekly check.

Question 35

What Act did Congress pass to pay “old-age, survivors’, and disability insurance”?

Answer 35

the Social Security Act 1935

Question 36

When was the Family Medical Leave Act signed?

Answer 36

1993

Question 37

What US President signed the Family Medical Leave Act?

Answer 37

Bill Clinton

Question 38

What did the Family Medical Leave Act give people?

Answer 38

12 workweeks unpaid leave during a 12-month period

Question 39

What are 4 reasons is a person granted Family Medical Leave?

Answer 39

(1) care for immediate family member with health condition
(2) pregnancy
(3) medical leave if employee is unable to work b/c of serious health condition
(4) employee adopts a son or daughter

Question 40

What did the Norris-Guardia Act do?

Answer 40

limited agency liability of unions for unlawful actions during strikes