Final

Question 1

Commencement of Union Movement AFL-CIO

Answer 1

Made of 2 different unions that form 1 mega-union:
1. American Federation of Labor / “AFofL”-
was a national federation of labor unions in the United States. It was an alliance of craft unions (individuals with1 skills), disaffected from the Knights of Labor.
2. Congress of Industrial Organizations -
Industrial workers with no special skills, like miners.

Question 2

Homestead Incident

Answer 2

This was not a strike. Carnegie steel paid the workers, and owned the town the workers lived in. They decreased worker pay due to a recession, but didn’t decrease the cost of living. So Carnegie steel locked out the workers, and even the national guard got involved. Ultimately this strengthened the AFofL because they were able to provide support and funds during the lockout, to the employees.

Question 3

IWW “Industrial Workers of The World”

Answer 3

In 1905, 43 groups opposed the policies of the AFL, and formed the radical labor organization the IWW. Members became known as “Wobblies”
Their goal was to promote worker solidarity in the revolutionary struggle to overthrow the employing class.
Most of its members were 1st and 2nd gen immigrants.
Policemen went to extreme lengths to try to silence IWW, and end their cause.

Question 4

Knights of Labor

Answer 4

An early union, which was a large union made of many different types of workers. They were responsible for the haymarket riot.

Haymarket Riot - This started out as a labor protest for an 8 hour day in Chicago. The protest turned into a riot with fighting between police and strikers. This incident and fighting caused The Knights of Labor Union to dissolve.

Question 5

Pullman Strike {American Railway Union}

Answer 5

This case dealt with the Railway Workers. They wanted to strike if the railways used Pullman Carts on the train rails, so Pullman started shipping mail, making their employees’ strike illegal because it would disrupt government activities. This situation got really out of hand with 17,000 national guards having to get involved. Dissolved the union of the Railway Workers.

Question 6

Norris LaGuardia Act

Answer 6

This act is based on the premise that a job is more important to the employee, than the employee is to the employer. It was the first venture into protecting the rights of union members.

Also made it so employers couldn’t issue injunctions against protesters, unions could supply funds to those protesting, and also allowed unions to conduct meetings representing employees interest.

Question 7

Collective Bargaining (LaGuardia)

Answer 7

Collective Bargaining is a representative of the labor meeting with representatives of management to make an agreement. Employer v. Bargaining Unit.
The Bargaining Unit must have a “Community of Interest” -
This means they have common factors for bargaining purposes for the employees (example: truck drivers have a bargaining unit).
This is an express contract that would move an employee out of At-Will because it lays out rights, how to file a grievance, pay, and remedies.
When all bargaining pieces come together, it is called Collective Bargaining Unit (CBA) or Memorandum of Understanding.

Question 8

Bargaining Subjects (LaGuardia)

Answer 8

Permissive-
Subjects in which there is no requirement to bargain over during the collective bargaining process. This includes things like health club memberships.
Mandatory-
These subjects are required to be brought up during the collective bargaining process to meet the guidelines of good faith, or else it would be an unfair labor practice. This would include things like wages, benefits, and conditions of employment, or safe workplaces. Can also sometimes be a subject that is usually permissive.

Question 9

Yellow Dog Contracts Illegal ((LaGuardia)

Answer 9

A Yellow Dog contract is a pre employment contract that employees sign, waving their rights to strike.

Question 10

NLRA (The Wagner Act)

Answer 10

Gives employees 3 rights-

1. The right to unionize
2. The right to bargain collectively
3. The right to strike (Except for people in public health and safety roles, they have binding arbitration instead of striking).

Question 11

5 Unfair Labor Practices per NLRA

Answer 11

1. Management cannot coerce employees to not exercise rights (example: “don’t strike/picket, or you’re fired”).
2. Employers can’t interfere with formation of the union.
3. Employers can’t discriminate in the hiring or tenure of employment due to union membership status, so they can’t discourage membership in labor organizations.
4. Employers can’t retaliate against employees in a union.
5. Employers cannot refuse to bargain, because they must bargain in good faith.

Question 12

Section 7 of NLRA

Answer 12

Employees have protected concerted activity under this.

Question 13

Section 8 of NLRA

Answer 13

This has to do with who is in the bargaining unit, how to form one, and what constitutes an unfair labor practice.

Question 14

Unfair Labor Practice Strikes

Answer 14

Unfair labor strikers have an automatic right to return to work. If replacements have been hired you do need to terminate the replacements once the strike ends.

Question 15

Strict Economic Strikes

Answer 15

Economic Strikes if hired replacements you do not need to terminate the replacements and bring back your permanent employees
Permanente employees are not entitled to immediate return. They are entitled to “priority” once the strike ends. If no replacements have been hired the permanent employee is entitled to immediate return.

Question 16

Wildcat Strike

Answer 16

Wildcat strike: not a legal strike it wasn’t approval typically by the union it’s typically a all group of workers who are unhappy with one thing and decide to strike on their own; they do not have any protection, no section 7. You are subject to immediate termination.

Question 17

Unfair Labor Practices Section 7

Answer 17

Strikes are available under Section 7 as a concerted activity however section 7 isn’t going to affect a number of people which include public employees.
The general rules under both “civil service reform act” and the “postal services reform act” that public employees cannot strike in most states as well as the federal government.
In California we do allow public employees to strike unless they’re in public health and safety. Example: police or fire fighters.

Question 18

Taft Hartley Act

Answer 18

After the Great Depression, power switched from employer to employees, since the NLRA was passed. In response, an amendment to the NLRA to curb Union access was written. Congress decided that unions can commit unfair labor practices too. Giving employers the right to sue unions.

Outlawed Closed Shops. Can also outlaw Union shops(this one being more state-to-state) with Right-to-Work laws.

Question 19

6 Unfair labor practices union can commit per Taft Hartley Act

Answer 19

1. A union cannot restrain or coerce employees in exercising their rights, meaning a union cannot force membership.
2. A union cannot cause an employee to discriminate against another employee.
3. Good faith bargaining now applies to unions as well as employers.
4. Unions cannot do secondary boycotts.
5. Unions can’t charge excessive fees or dues.
6. Unions cannot make an employer pay for goods or services that are not provided.

Question 20

Agency Shop (Taft)

Answer 20

form of union security agreement where the employer may hire union or non-union workers, and employees need not join the union in order to remain employed. However, the non-union worker must pay a fee to cover collective bargaining costs.

Question 21

Union Shop (Taft)

Answer 21

Employer not only recognizes the union, but they want new employees to enroll within a certain period of time. Because of the Taft-Hartley Act, a state may outlaw union shop provisions in labour contracts by passing Right-to-Work laws.

Question 22

Closed Shop (Taft)

Answer 22

Employers who require union membership to even be considered to be hired. It was outlawed in the Taft-Hartley act.

Question 23

Right to Work (Taft)

Answer 23

Permits employees to choose to not become part of the union, because it prohibits conditioning of employment by union membership. The laws vary from state-by-state.
This means an individual does not have to pay an agency fee even if they they are receiving the benefits of the union - they are called freeriders.

Question 24

Landrum Griffin Act

Answer 24

This offers protection for union members who are against the Union.
Unions must hold fair and secret ballot elections, disclose about union dues pending, and can’t use those funds for personal reasons. This act defines the rights of the Union.

Question 25

Civil Service Reform Act / “CSRA”

Answer 25

This is a federal act for federal public employees. It made it so public employees can bargain collectively, because they cannot strike. Issues that reach impasse are dealt with by binding arbitration. They can’t bargain on some usual mandatory bargaining subjects (like wages, because the government would be setting standard wages).

Question 26

Postal Reform Act

Answer 26

Despite being public employees, this act protects the postal employees under the NLRA, and not CSRA. This gives postal workers the same concerted activity / section 7 / unfair labor practices rights and protections, but they cannot strike. Any issues that reach impasse are decided by fact finding and arbitration.

Question 27

Private Employees / At-Will

Answer 27

Private Employees / At Will-
Means that employees or employers can break the employment contract at any time for any reason. “Just not the wrong reason.”

Question 28

Exceptions to at will

Answer 28

Expressed and Implied Contracts supercede at-will policy. So do the Foley Factors, as well as Implied Covenant of Good Faith and Fair Dealing, and Public Policy.

Question 29

Express contracts

Answer 29

Written or oral contracts. An exception to the at-will policy.

Question 30

Implied contracts (related to Foley case)

Answer 30

Implied contract is one that has implied from surrounding circumstances. These are usually the company’s policies, procedures, and practices of the employer. An exception to the at-will policy.

Question 31

Foley Factors

Answer 31

Include, but not limited to: years of service (reasonable expectation of permanence), promotions. bonuses, commendations, evaluations, employer’s policies and procedures manual/handbook, employer’s employment practices.

Question 32

Covenant of Good Faith and Fair Dealing (related to Foley)

Answer 32

This is a basic contract law. In every contract there is an implied promise the parties will be nice to each other.

Question 33

Public policy (related to Rojo case)-
Peterman vs Teamsters Union

Answer 33

The principle that injury to the public good is a basis for denying the legality of a contract or other transaction.
Petermann v. International Brotherhood of Teamsters
The Teamsters wanted Petermann to commit perjury. When Peterman refused, he was fired. This is a breach of public policy

Question 34

Rojo vs. Klieger

Answer 34

Rojo sues Kliger for sexual harassment. Plaintiff Rojo had failed to exhaust their FEHA administrative remedies first. But was still allowed to bring charges.

Question 35

Progressive Discipline

Answer 35

These are commonly included in collective bargaining contracts, both in public employment (mandatory) and private employment (used to avoid discrimination claims because it applies a standard treatment to everyone).

4 part process ((oral, written, suspension, termination))

Question 36

Burden of Proof{Kentucky River}

Answer 36

3 Basic Standards
Criminal(beyond a reasonable doubt)
Preponderance of evidence(more likely than not—51%)
Clear and convincing evidence(in between the two)
Used for employee discipline cases

Question 37

Steelworker Trilogy

Answer 37

These cases took place in the 1960’s, and all the cases were decided together by the supreme court, because they all dealt with arbitration
1. United Steelworkers vs American Manufacturing -
This case found that the court was going to uphold arbitration instead of judicial review if there is an arbitration clause in the contract (except in cases that are outstanding).
2. United Steelworkers vs United Gulf Navigation -
The court found that all objections would be determined by arbitration (despite exceptional cases), which very much limits judicial review.
3. United Steelworkers vs Enterprise Wheel & Car Company -
Employees brought grievances against Enterprise for exposure to lead. Enterprise and Association of Lead Users & Smelters & Cloride Inc, all saw the danger for their business if lead is restricted in work places, and this would likely happen if the decision was left to arbitration. Courts upheld the arbitration.

Question 38

California Teachers Association / “CTA”

Answer 38

Decided that agency shops are required for all public employees of the state employee leg, and that this requirement of agency fees does not infringe upon 1st amendment rights.

Question 39

Skelly v. State Personnel Board (SPB)

Answer 39

The court ruled that the employee (Skelly) had a property interest in continued employment, and hence, could not be deprived of his job without the observance of due process (also called a “Skelly Hearing.”.
Skelly Hearing-
A Skelly Hearing, is a due process hearing where there are witnesses, witness testimony, evidence, and fair hearing with opportunity to be heard.

Question 40

Misco

Answer 40

A case having to due with arbitration. It was found that even when arbitrators make mistakes of facts or law, their decision is still final.