Labor Law

Question 1

Collective Rights

Answer 1

EEs in general have a right to organize and engage in collective action

This right is protected from EE interference

Question 2

National Labor Relations Act

NLRA

Answer 2

Primary statute governing private sector labor relations in the US

Administered by National Labor Relations Board (NLRB)

Question 3

EEs Covered by NLRA

Answer 3

Right to Control Test

Excludes: Government EEs, Airline/Railroad EEs, Supervisory EEs, Managerial EEs, domestic workers, individuals employed by a parent or spouse

Question 4

ER’s Unfair Labor Practices

Answer 4

ER must not:

(1) INTERFERE WITH, RESTRAIN, OR COERCE EEs with regard to CB rights
(2) DOMINATE OR INTERFERE WITH THE FORMATION OR ADMINISTRATION of any labor organization or contribute financial or other support to it
(3) ENCOURAGE/DISCOURAGE MEMBERSHIP in any labor organization by discriminating in hiring or tenure or in any term or condition of employment
(4) DISCHARGE OR OTHERWISE DISCRIMINATE AGAINST AN EE because EE has filed charges or given testimony under NLRA
(5) REFUSE TO BARGAIN COLLECTIVELY with EE’s representatives

Question 5

Union’s Unfair Labor Practices

Answer 5

Union must not:

(1) RESTRAIN/COERCE EE in exercise of CB rights
(2) CAUSE/ATTEMPT TO CAUSE ER TO DISCRIMINATE AGAINST EE on some ground other than failure to pay required dues
(3) Force or require an employer to assign particular work to EEs in a particular labor organization rather than another
(4) Impose EXCESSIVE/DISCRIMINATORY FEE for membership in union
(5) Cause or attempt to cause an employer to pay or agree to pay any money or other thing of value, in the nature of an exaction, for services which are not performed or not to be performed
(6) Engage in picketing of another ER to keep it from doing business with ER engaged in labor dispute with union

Question 6

IN Right to Work Statute

Answer 6

MISDEMEANOR to require individual, as a condition of employment, to become or remain a member of a union, pay dues, fees, assessment, or other charges to a union.

Question 7

Federal EEs

Answer 7

In general, federal EEs have the same rights as private EEs, but cannot strike

Question 8

IN EEs

Answer 8

Prohibits state EEs from engaging in CB, unless specific state statute governing their collective rights

Exception: Police officers, firefighters, utility workers, and public school teachers can engage in CB