Topic 12: Labor Law Flashcards
“Hot Cargo” Agreements
A voluntary agreement in which a neutral employer agrees to cease doing business with another employer who deals directly with the firm in question.
Clayton Act
Enacted in 1914, it prohibits the elimination of unions.
Closed Union Shop
An illegal requirement that an employee be a union member.
Collective Bargaining
The negotiation process between unions and employers.
Common Law Criminal Conspiracy
A combination of two or more individuals planning to accomplish an unlawful purpose.
Community of Interests
A community of people who align themselves with a common interest.
Concerted Activity
Any effort by employees to join together to seek improvement in working conditions.
Economic Strike
A stoppage of work based upon a union’s frustration that management will not meet its demands for improvements in wages, hours, and benefits.
Federal Anti-trust Law
A law that prevents anti-competitive behavior within local commerce.
Federal Injunction
A legal remedy that allows a court to order individuals to refrain from harmful acts.
Federal Mediation and Conciliation Service (FMCS)
Established by Taft-Hartley, an agency to help management and laborers settle labor contract disputes.
Free Riders
An employee who does not belong to a union, but benefits from union representation.
Good Faith
A concept that requires a mutual obligation of both parties to participate actively in negotiations by demonstrating intent to resolve a dispute.
Illegal Bargaining Subject
A bargaining subject that cannot legally be implemented into a collective bargaining agreement.
Impasse
A deadlock reached by two bargaining parties whereby an issue cannot be resolved.
Labor Management Relations Act of 1947
Enacted in 1947, it curbs union overreaching by protecting employee rights and prohibiting wildcat strikes.
Labor-Management Reporting and Disclosure Act of 1959 (LMRDA)
Enacted in 1959, it creates a union member “bill of rights” in order to empower union members and reduce union corruption.
Lock Out
An employer’s temporary work stoppage initiated during a labor dispute.
Mandatory Bargaining Subject
A required bargaining subject that involves wages, benefits, hours, and layoff procedures.
Mediation
A procedure for resolving collective bargaining impasses by a mediator (third party with no formal authority) who acts as a facilitator and go-between in the negotiations.
National Labor Relations Act (NLRA)
Enacted in 1935, it establishes workers’ rights to form unions, collectively bargain, and strike.
National Labor Relations Board
A federal administrative agency that administers the provisions of the NLRA.
Norris-LaGuardia Act
Enacted in 1932, it governs the interplay between unions and businesses.
Official Bargaining Unit
A group of workers represented by a union in collective bargaining.
Permissive Bargaining Subject
A bargaining subject that either party may bring to the table, but over which the other party is not required to bargain.
Right-to-work Laws
Laws that give employees the option to not join a union.
Secondary Boycotts
A group’s refusal to deal with a business that is not directly involved in the dispute.
Sherman Anti-Trust Act
Enacted in 1890, it prevents businesses from combining together to restrain trade and seeking monopoly business power.
Strike
A work stoppage by mass refusal of employees to work.
Unfair Labor Practice (ULP)
Action by an employer or a union that restrains or coerces employees from exercising their rights to organize and bargain collectively or to refrain from doing so.
Unfair Labor Practices Strike
A stoppage of work in order to pressure management to follow the law.
Union Shops
A bargaining clause that allows a condition that all employees must join the union once hired.
