2.  Immigration Reform and Control Act: makes it illegal to hire, recruit, or refer for a fee, someone not authorized to work in the U.S.  I-9 Verification: for new hires.  Enforcement: by I.C.E.  Penalties.  © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 2

3.  Immigration Reform and Control Act (cont’d):  Criminal Actions: ICE can seek criminal punishments.  CASE 23.1 Trollinger v. Tyson Foods, Inc. (2007). Why did the court dismiss the RICO claim?  Penalties for employers.  Discrimination. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 3

4.  The Immigration Act p laces caps on the number of visas that can be issued to immigrants every year.  I-551 Alien Registration Receipts.  The H-1B Visa Program.  Labor Certification.  H-2, O, L, and E Visas. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 4

5.  Norris-LaGuardia Act: protects peaceful strikes by limiting the injunction powers of federal courts.  National Labor Relations Act: establishes the right of workers to strike and engage in collective bargaining. Established NLRB. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 5

6.  Labor Management Relations Act: prohibits certain unfair union practices such as closed shops. Allowed individual states to pass right-to-work laws.  Labor-Management Reporting and Disclosure Act: hot cargo- agreements, secondary boycotts. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 6

7.  Preliminary Organizing.  Workers sign authorization cards.  Cards can justify an election.  Appropriate Bargaining Unit.  Mutuality of Interest among all represented workers.  Job Similarity.  Nonmanagement Employees. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 7

8.  Union Election Campaigns.  An election can be held only if it can be shown that at least 30% of the workers will be represented.  Key Restraint on management is nondiscrimination rule (cannot selectively prohibit union solicitation). © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 8

9.  Management Election Campaigns.  NLRB regulates the rights and obligations of employers and workers in the election process.  Each side can pursue their objectives, but cannot interfere, beyond certain limits, in the other’s activities.  © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 9

10.  Case 23.2 Local Joint Executive Board of Las Vegas v. NLRB (2008). Were the activities of Ms. Sapien and Ms. Briand ‘illegal surveillance’ that violated the National Labor Relations Act? © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 10

11.  Collective bargaining is the process by which management and labor negotiate the terms and conditions of employment.  © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 11

12.  The NLRB will certify an exclusive bargaining agent for labor.  Both labor and management must bargain in good faith, but the law does not require that they reach an agreement. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 12

13.  Terms and Conditions of Employment:  Pay, Safety conditions, Insurance, Pensions.  Closing or Relocating a Plant:  Severance Pay.  Management must bargain over the economic consequences of moving. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 13

14.  Party’s actions show good (or bad) faith.  Examples of bad faith:  Engaging in a campaign among workers to undermine the union.  Constantly shifting positions on disputed contract terms.  Sending bargainers who lack authority to commit the company to a contract. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 14

15.  There are two forms of strikes:  Economic Strikes.  These are strikes over wages.  Workers can be replaced by permanent replacements.  Unfair Labor Practice Strikes.  Alleging the employer has committed an unfair labor practice. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 15

16.  Secondary Boycotts.  Common Situs Picketing.  Hot-Cargo Agreements.  Wildcat Strikes.  Strikes that Threaten National Health or Safety.  Strikes that Contravene No- Strike Clauses. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 16

17.  Generally, an employer has the right to permanent replacements (striking workers are not guaranteed a job).  But if the employer has not hired replacements, then it must rehire the strikers to replace open positions. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 17

18.  Occurs when the employer shuts down to prevent employees from working.  When an employer believes a strike is imminent.  Lockouts may be a legal employer response. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 18

19.  Employer’s Refusal to Recognize Union and Negotiate.  Presumption of Employee Support.  Questions of Majority Support.  Employer’s Interference in Union Activities.  No threats, or even asking employees about their views. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 19

20.  Employer’s Domination of Union.  Employer’s Discrimination Against Union Employees.  Union’s Unfair Labor Practices.  Coercion.  Discrimination.  Other Unfair Practices. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 20

21.  Concerted Activity.  CASE 23.3 NRLB v. Hotel Employees and Restaurant Employees International Union Local 26, AFL-CIO (2006). Do you agree with the court that Johnson was a “pest”?  Safety. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 21