1. Labor and Immigration Law
Chapter 21
Labor and Immigration Law
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2. Federal Labor Union Statutes
Norris-LaGuardia Act
National Labor Relations Act (NLRA)
Labor-Management Relations Act
Labor-Management Reporting and Disclosure Act
Railway Labor Act
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3. Organizing a Union
Section 7 of the NLRA gives employees the right to join together and form a union.
The group that is seeking representation is called a bargaining unit.
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4. Types of Union Elections
Contested election
Consent election
Decertification election
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5. Union Solicitation
Employer may restrict solicitation on employer property by employees.
May limit solicitation to employees’ free time.
May limit solicitation to nonworking areas.
Off-duty employees may be barred from soliciting on employer premises.
Nonemployee solicitation
Employer may prohibit solicitation by nonemployees on employer property.
Exception: if employees are inaccessible
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6. Illegal Interference With an Election
Employer unfair labor practices
Interference, coercion, restraint of employees
Threats of loss of benefits
Union unfair labor practices
Coercion, physical threats
Court may issue a cease-and-desist order or set aside an election if it finds there have been unfair labor practices.
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7. Collective Bargaining
The act of negotiating contract terms between an employer and the members of a union
Collective bargaining agreement
The resulting contract from a collective bargaining procedure
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8. Collective Bargaining
Compulsory subjects of bargaining
Wages
Hours
Terms and conditions of employment
Illegal subjects
Permissive subjects
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9. Union Security Agreements
Union shop
An employee must join the union within a certain number of days after being hired.
Agency shop
Employees do not have to be union members but must pay an agency fee (an amount equal to union dues) to the union.
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10. State Right-to-Work Laws
22 states have enacted right-to-work laws.
In these states, employees cannot be forced to join a union or to pay dues or fees.
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11. Strikes and Picketing
Strike – cessation of work by union members to gain benefits or correct an unfair labor practice
Picketing – strikers walking in front of employer’s premises with signs announcing a strike
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12. Illegal Strikes Violent strikes Sit-down strikes
Partial or intermittent strikes
Wildcat strikes
Strikes during a 60-day cooling-off period
Strikes in violation of a no-strike clause
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13. Secondary Boycott
Picketing of struck employer’s suppliers or customers
Is lawful if it is product picketing
Is unlawful if it is directed against a neutral employer instead of against struck employer’s product
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14. Internal Union Affairs
Worker Adjustment and Retraining Notification (WARN) Act
Federal act requires employers with 100 or more employees to give 60 days notice before plant closings
Landrum-Griffin Act
Gives each union member equal rights
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15. Immigration Law Immigration Act of 1990
Unlawful for employers to hire illegal immigrants
H-1B Foreign Guest worker visa
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16. Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.