Labor Law - Private Flashcards
What are the governing statutes for Labor Law in the private sector?
National Labor Relations Act (NLRA). 29 U.S.C. §§ 151-69.
Labor Management Relations Act. 29 U.S.C. §§ 141-97
Who is covered by the NLRA?
Private Sector employees engaged in interstate commerce.
Financial limits by industry may apply.
Who is not covered by the NLRA?
(1) Most public employees (there is an exception, but it likely won’t come up on the Final).
(2) Managerial employees
(3) Supervisory employees
(4) Confidential employees
(5) Agricultural employees
(6) Independent Contractors (e.g., gig workers)
What organization is in charge of the administration of the NLRA?
The National Labor Relations Board (NLRB).
What is the structure of the NLRB - Board?
Five Board Members who are:
(1) appointed by the president; and
(2) ratified by Senate
Below the Board are the Regional Directors.
Below the Regional Directors are the Administrative Law Judges.
How does the General Counsel of the NLRB get their position?
The General Counsel of the NLRB is appointed by the president and approved by the Senate.
What does the General Counsel of the NLRB do?
(1) Oversees investigations
(2) Oversees Unfair Labor Practice cases
(3) Represents the Board in Court.
What is the NLRB Structure of the Regional Offices?
There are 30 NLRB Regional Offices
Each NLRB Regional Office is led by a regional director who was appointed by and answers to the General Counsel.
What do the NLRB Regional Offices do?
Deal with representation cases (including the conduct of elections) and with Unfair Labor Practices
What is the statutory basis that gives employees the right to organize in the Private Sector?
Section 7.
“Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all of such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in section 158(a)(3) of this title.” 29 U.S.C. § 157.
Why can’t employers force employees in Oregon to attend captive audience meetings?
ORS 659.785:
“(1) An employer or the employer’s agent, representative or designee may not discharge, discipline or otherwise penalize or threaten to discharge, discipline or otherwise penalize or take any adverse employment action against an employee:
(a) Because the employee declines to attend or participate in an employer-sponsored meeting or communication with the employer or the agent, representative or designee of the employer if the primary purpose of the meeting or communication is to communicate the opinion of the employer about religious or political matters;
(b) As a means of requiring an employee to attend a meeting or participate in communications described in paragraph (a) of this subsection;”*
- Little caselaw on the subject. May be subject to federal preemption.
How are representation elections handled in the Private Sector?
Polling is typically done near or at the site of business in the Private Sector.
How do you file an Unfair Labor Practice (ULP) under the NLRA?
You file a charge with the NLRB.
Where can you find a list of Employer ULPs under the NLRA?
29 USC 158(a) AKA Section 8(a)
What is the first Employer ULP under Section 8(a)?
(1) to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 7;
