Economic Weapons Flashcards
Economic weapons types
strikes, lockouts, boycott, ads, area standard picketting, quickie strike
Impetus for Bargaining
Strikes are the engine that drive CB, private ordering
Rusty weapon strike
once in a while just to do it to tell workers they can
George Johnson theory
strikes due to imperfect information, changes expectations and may bring workers expectations back in line with reality, educate the membership
History of EWs - RLA
minimizes the ability to use EWs - 1926
Norris LaGuardia on EWs
government wil be neutral and not allow, but not promote strikes either
NLRA (Wagner) on EWs
premised on nthe idea that law should NOT dictate the working conditions substance, but there is a process to do so using the EWs
Lochner - constitutional protections
protects er freedom of K from state regulation unless a legitimate exercise of police power
West Coast Hotel
DP ceased to be major restriction of fed/state regulation
Secondary boycott
NLRB prohibits conduct aimed at a secondary employer in order to exert pressure over primary
Thornhill v. AL
Laws that prohibit any demosntration or picketing near an employer’s WP is a 1st amend. violation
Int’l Brotherhood of Teamsters v. Vogt
States may constitutionally enjoin peaceful picketting codnucted for an unlawful purpose
Narrows Thornhill
Injunction OK
NAACP v. Claiborne Hardware, Co.
The gov. does not have a right to prohibit peaceful political activity designed to effectuate rights guaranteed by the Constitution
Int’l Longshorsement Assoc.
8b4 - secondary boycotts prohibit a union from including employees to refuse to handle goods w/ the object of forcing any person to cease doing business with any other person
Is there is no labor dispute, no reason for secondary boycott
Russian raid of Afghan.
Property and Constitutional Protection
Public Property - federal contstitutional protection
Private property - State may allow exclusion
Right to strike
Chapter 2(7)
Limited by Taft Hartley
Exceptions to Statutory Protections to Strike
Activity inconsistent with exclusivity
sit-down strikes/slow-downs
indispensible or unprotect conduct (harassing)
Disloyalty
Violence/trespass
Strike in violation of CBK
Strike over non-mandatory things
No intent to strike EXCEPT
RLA, public sector, healthcare
No-strike clause
a union can waive Section 7 rights
Mastro Plastics
waive only “economic” strikes and not the right to engage in strikes to protest to the Ers ULPs
Sympathy strike
occurs when workers from the facility in which the work is shifted to from the other er refused to work in solidarity with the workers are the other location
Protected under Section 7 but maybe not allowed under Section 8
Right to honor pickets
Same protection as strikers, no strike cluase presumed waiver of right not to cross picket lines unless extrinsic evidence in bargaining history says otherwise
Uncertainyt
Special Limits on Strikes - 8d
Party wishinng to terminate or modift a CBK give written notice to the other party 60 days in advance and must notify the federal mediation and concilation service at least 30 days later
Must not resort to strike or lockout for 60 days
8g - Civil Service Employees Association
unions are subject to sanctions for sanctioning without observing 8g notice requirements but NOT for PICKETING
RLA/Airlines Strike
provide dispute resoltuion through mediation and arbitration
National Emergency Provisions - Taft-Hartley (strikes)
Can stop strike if affects the entire industry or impairs national health/safety
Work Stoppages in Public Sector
Most public sector employees are not allowed to strike
Blue flue
Not allowed to strike/slowdown, call in sick
Remedy to unlawful strike
Injunctions, damages against union, decertification of union
Alternatives to strikes
Mediation/Arbitration
Section 7 Protections for Strikes
Employees have the right to self-organization, form, join, or assist and to engage in concerted activities for the purpose of CB
Section 13 - Right to Strike Preservd
Nothing can impede or limit the wright and APPLY TO NON-UNION WORKERS
Wildcat strike
Not organized by the unions, spontaneous
Protected under OSHA
Economic strike
Better wages and benefits
ULP strike
motivating factor is the violation of the NLRA/ULP
Electronic Data Systems
Partial work stoppage compared to complete work stoppage is UNPROTECTED because it was an attempt for ees to set their own terms
McKay Radio
Ers may permanently replace striking workers but may not unlawfully discriminate in deciding which returning employees may retain their position after strike
Right not to be fired, not to keep that job
Strikers cannot be dischared?
economic and ULP
Laidlaw Corp.
Striker has right to reinstatmenet occur when the striker made unconditional offer to return and not abandon ER
Mastro Plastics
EEs sticking to ULP protect may not be permanently replaced
Erie Resister Corp.
Offers of super seniority are inhernetly destructive of section 7 rights because it fractures the BU into nonsupporters versus supporters
No proof of DI
violates 8a3
Great Dane Trailer
When DI is needed
When is discriminatory intent needed
1) no legit reason for disc. against strikes
2) provides justification but it is inherently destructive to CB rights
3) legit + substantial the strikers only have a comparatively slight effect on 7, no 8a3 violation
Transworld Airlines
An RLA employer to lay off junior crossover ees to reinstate senior full-time strikes at the end
RLA - uses NLRA precedent
Defensive lockout
ER locks out because of pending circusmtances
Union Tactics for Battle Solidarity
Fines?
Offensive lockout
ER initiates without having a reason to believe strike was likely, ULP bc coercive
Whipsaw strike
strikes against businesses that compete against each other because they do not want to lose the etc.
quickie strike
times a strike for er’s peak sales in seasonal
American Shipbuilding
No violation because there was an ER interest for business
Permanent Replacement + Lockout
Hiring/Transferring during lockout is a ULP
Midwest Generation
Parital lockout not a ULP because the purpose was pressure on EEs and slight —— Great Dane analysis
Local 15 (Midwest II)
EEs may not partially lockout workers based on their participation in protective activities
2 prong (ID vs. CS)
Inherently destructive
impedes future CB, discrimination agains tunion mebership, show it outweighs the harm done by unions
Comparitively slight
Er must establish a legit and subs. bus. justification to show
How can lockouts be used?
Economic pressure NOT discrimination
Int’l Paper Co.
An employer does not violate 8A3 every time if acts in a manner that may affect union activity ONLY when it encourages/discourages membership
NLRA 8b4
aimed at hot cargo caluses
Issue with sympathetic strikes/secondary strikes
