1. Labor Law: Background and Basic Principles
Chapter 3
Labor Law: Background and Basic Principles

2. Origin of Labor Relations Law
The Constitution
Article 1, Section 8 of the U.S. Constitution
Amendments
First Amendment
Fifth Amendment
Fourth Amendment
Common Law
Other Sources
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3. Origin of Labor Relations Law (cont’d)
Major Federal Labor Relations Laws
Railway Labor Act
Norris-La Guardia Act
Wagner (National Labor Relations) Act
Taft-Hartley (Labor-Management Relations) Act
Landrum-Griffin (Labor Management Reporting and Disclosure) Act
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4. Origin of Labor Relations Law (cont’d)
Labor Relations Administrative Agencies
National Labor Relations Board (NLRB)
Federal Mediation and Conciliation Service (FMCS)
U.S. Department of Labor (USDOL)
National Mediation Board (NMB)
National Railroad Adjustment Board (NRAB)
State and local administrative agencies
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5. Legal Interpretations (1806-1931)
Basis for the Legal System
Protection of employers’ tangible property rights
Protection of employers’ intangible rights to do business and make a profit
Criminal Conspiracy Doctrine
Illegal for workers to join together to pressure employers for better wages or working conditions
Civil Conspiracy Doctrine
Employees who acted in concert could inflict harm even if the employees’ cause was just
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6. Legal Interpretations (1806-1931) (con’t)
Breach of Contract/Use of the Labor Injunction
Labor disputes constitute interference in contracts between employers and employees
Yellow Dog Contracts
Courts issued labor injunctions to stop the concerted activities of employees
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7. Legal Interpretations (1806-1931) (con’t)
Application of Antitrust Legislation
Sherman Antitrust Act (1890)
Intended to prevent the restraint of trade by regulating business monopolies
Danbury Hatters (Loewe v. Lawlor) case
Supreme Court ruled that the labor organization’s use of the boycott was illegal
Individual union members held liable for damages
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8. The Norris-La Guardia Act of 1932
Protection of Workers’ Basic Rights
Limited federal courts to issue injunctions for employees’ lawful non-violence
Yellow-dog contracts unenforceable
Encouraged more impartiality on the part of the courts in labor disputes
Shortcomings
No regulatory agency designated
No specific unfair labor practices for employers
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9. The National Labor Relations Act of 1935
Also called the Wagner Act
Set national labor policy for labor
Encouraged the use of collective bargaining
Protected employees’ rights to organization and representation
Established the National Labor Relations Board (NLRB)
Defined the unfair labor practices of employers
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10. Labor Management Relations Act of 1947
Also called the Taft-Hartley Act
Amended the NLRA to add union unfair labor practices
Set up union security options for states
Allowed unions to be sued by employers
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11. Labor Management Reporting and Disclosure Act of 1959
Also called the Landrum-Griffin Act
Passed to protect union member rights and ensure union democracy
Required secret-ballot elections of officers
Required membership approval in setting dues and levying assessments
Set federal financial reporting requirements
Allowed neutral, secondary employers injured by unlawful union activities to sue unions
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12. National Labor Relations Board (NLRB)
Functions of the NLRB
Interpret and administer the LMRA
Responsibilities
Composition of NLRB
Five-Member Panel
General Counsel
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13. Persons Covered by the LMRA
Most private-sector employers and employees
Groups excluded
Agricultural laborers
Private domestic service employees
Individuals covered by the Railway Labor Act
Individuals employed by parent or spouse
Public-sector employees
Independent contractors and supervisors
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14. Concerted and Protected Employee Activity
Concerted Activity
An action taken by or on behalf of two or more employees to express a grievance
Interboro Doctrine
An employee working alone may be considered to be engaged in concerted activity if seeking to enforce the terms of a collective bargaining agreement
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15. NLRB Unfair Labor Practices
Charging Party
Respondent
Merit
Administrative Law Judge (ALJ)
Types of Unfair Labor Practice Cases
Routine Cases
Lead Cases
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16. Basic Procedures in Cases Involving Charges of ULPs
Investigation
Complaint and Answer
Hearing and Decision
Remedial Order
Court Enforcement and Review
Dismissal
Other Disposition
Injunction
Withdrawal-Refusal to Issue Complaint-Settlement
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17. Remedies in ULP Cases Cease-and-Desist Orders
Instruct the respondent to stop the ULP
Require respondent to post written notices of ULP
Affirmative Relief Action
Require the respondent to provide a make-whole remedy to individuals adversely affected by the ULP
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18. Federal Courts and ULP Decisions
Courts must enforce decision if:
The decision is a reasonable interpretation of congressional intent for the LMRA
The decision is supported by substantial evidence contained in the case record.
Petition for Certiorari
A court of appeals’ decision appealed to the Supreme Court when lower court decisions conflict with each other
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19. Current Labor Policy
Favors the powerful (employers) over the powerless (employees)
Discourages unionism through foot-dragging
Offers insufficient statutory remedies
Is grossly outdated
Laws protecting individuals have usurped the role of collective bargaining
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20. Transportation-Related Labor Relations Laws
Railway Labor Act of 1926
First comprehensive collective bargaining law
Airline Deregulation Act of 1978
Ended government regulation of fares and routes
Staggers Rail Act of 1980
Increased flexibility in setting rates and service levels
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21. Other Laws Affecting Labor Relations
ADA of 1990
The Bankruptcy Act of 1984
The WARN of 1988
RICCO Act of 1970
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22. Employment Discrimination Laws and Executive Orders
Civil Rights Act of 1991
ADEA of 1967
Executive Orders
11246
11375
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23. Related Labor Relations Laws
Vocational Rehabilitation Act of 1973
USSERA of 1994
Social Security Act of 1935
FLSA of 1938
ERISA of 1974
OSHA of 1970
FMLA of 1993
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