Labor Law

Question 1

early tools used by business to quell unionizing

Answer 1

yellow dog contract
common law criminal conspiracy
federal injunction - court order to refrain from acts causing irreparable harm
federal anti trust law - consolidate into monopoly
Sherman AntiTrust Act - unionizing restrained trade

Question 2

Clayton Act

Answer 2

1914
prohibited elimination of unions
removed organizing from from language of Sherman AT Act

Question 3

Norris LaGuardia Act

Answer 3

1932
Federal Anti Injunctive Act
Formally legitimized unions
employment to worker more significant than worker to firm
collective bargaining only way to meaningfully change employment conditions
less use of federal courts to get involved in labor disputes
yellow dog contracts unenforceable

Question 4

NLRA

Answer 4

National Labor Relations Act
aka Wagner Act
established right of workers to form unions, bargain collectively, strike
created NLRB

Question 5

NLRB

Answer 5

National Labor Relations Board
can issue orders to 
remedy unfair labor practices, 
oversee union elections and 
decertify unions

Question 6

concerted activity

Answer 6

joining together to get employer to improve working conditions
allowed under section 7 of NLRA

Question 7

prima facie elements of NLRB case regarding discrimination against concerted activity

Answer 7

worker did concerted activity
employer knew concerted activity was happening
employer was hostile to concerted activity
hostility led to denial of employment benefit

Question 8

Labor Management Relations Act of 1947

Answer 8

aka Taft-Hartley Act
sought to limit power of unions
amended NRLA worker right NOT to engage in concerted activity
outlined unfair union practices
executive branch can break strikes that imperil national health/safety

Question 9

What did Taft Hartley prohibit

Answer 9

wildcat strikes
solidarity/political strikes
secondary boycotts/picketing
union donations to political campaigns
closed shops

Question 10

LMRDA

Answer 10

Labor Management Reporting Disclosure Act
aka Landrum Griffin Act
effort to empower union members, reduce union elite corruption
covers workers/unions under NLRA and Railway Labor Act, but not public sector workers/unions

Question 11

restraints on unions under LMRDA

Answer 11

officer elections every 3 years
candidates cannot access voter rolls
unions must submit annual financial reports
limits on increasing union dues
officer act as fiduciary with unions finances

Question 12

hot cargo agreements

Answer 12

one employer agrees to cease doing business with another employer
allowed injunctive relief against unfair union picketing practices

Question 13

LMRDA bill of rights

Answer 13

attend union meetings
vote in elections/on unions business
nominate/vote in secret elections
bring union to court
entitled to due process before union discipline

Question 14

mandatory bargaining subject

Answer 14

wages, benefits, hours, layoff procedures

Question 15

permissive bargaining subject

Answer 15

can be brought to table by one party but other party not required to negotiate on

Question 16

illegal bargaining subject

Answer 16

subject that cannot be legally implemented

Question 17

unfair labor practices by employer under NLRA

Answer 17

interferes with concerted activity
dominates/assist union
discriminates against union activity
punishes filing NLRB issue
bad faith bargaining

Question 18

unfair labor practices under Taft Hartley

Answer 18

interfere with employee rights
aids employer in interfering with union activities
pickets unlawfully
excessive union dues
makes employer pay for unperformed work
bad faith bargaining

Question 19

percentage of workforce that has to be interested in unionizing for NLRB to approve union

Answer 19

30

Question 20

FMCS

Answer 20

Federal Mediation and Conciliation Services
notified when impasse is reached
mediates negotiations

Question 21

economic strike

Answer 21

based on wages, hours, benefits

employer can hire permanent replacements

Question 22

unfair labor practices strike

Answer 22

attempt to pressure employer to follow law

workers can only be temporarily replaced