Term
| Unfair labor practices ULPS |
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Definition
| certain actions taken by the employer or unons that violate the NLRA. Such acts may be investigated by the NLRB. |
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Term
| Section 7 of the act as amended by the taft harley amendments enumerates these rights |
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Definition
• To self organize
• To form, join or assist labor organizations or to refrain from such union activities
• To bargain collectively through representatives of their own choosing
• To engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.
• To refrain from any or all the preceding rights. |
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Term
| Section 8a also lists activities considered unfair labor practices in violation of those rights by employers |
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Definition
• Intereference with, restraint or coercion of employees in rights guaranteed under section 7 (Subsection 1)
• Domination or interference with the formation or administration of a labor union (subsection 2 )
• Discrimination against union members for their union membership. (3)
• Discrimination against an employee for pursuing the rights under the act (subsection 4 )
• Refusal to bargain collectively with representatives of its employees (Subsection 5) |
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Term
| Section 8b of the act activities considered unfair labor practices by labor organizations |
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Definition
• Restraint or coercion of employess in rights guaranteed under section 7
• Discrimination against an employee for not engaging in union activities
• Refusal to bargain in good faith with the employer
• Conducting secondary strikes or boycotts or strikes to dislodge another union
• Requiring a closed shop
• Demanding make work jobs
• Certain picketing activities. |
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Term
| Solicitation and Distribution |
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Definition
| - Employees are allowed to solicit support for a union from their fellow employees during non working times. |
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Term
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Definition
| Employer policy that bars on site solicitation of employees for a specific purpose. Generally unfair if only applied to union activity. |
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Term
| • Union Buttons or insignias |
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Definition
| another protected activity is the wearing of union buttons or insignias. If a button or insignia should in particular circumstances cause a disturbance, present a health hazard, distract workers, cause damage to a product or offend or distract customers it may be prohibited. |
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Term
| • Bulletin boards and meeting halls |
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Definition
| Employees have no statutory right to use an employers bulletin board. However if the employees allow access to the bulletin board, the employer cannot censor the material to exclude union solicitation. |
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Term
| Article X bulletin Boards |
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Definition
• Notice of the union recreational and social affairs
• Notices of union elections
• Notice of union appointments and results of union elections
• Notices of union meetings
• Notices outside this category must not be posted unless approved by the management.
• Email solicitation Section 7 of the NLRB clearly affects employer rights to regulate electronic mail use. Employees have the right not to be discriminated against by their employer for engaging in discussions relating to wages, hours and working conditions, assuming the discussion di not violate a legitimate employer policy regarding the use of work time or equipment. |
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Term
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Definition
| Employer rules that prohibit employees from discussing wages, benefits and conditions of employment may be unlawful restriction of employee rights under the Section 7 of the NLRA. |
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Term
| • Campaign propaganda and misrepresentation |
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Definition
| - In the conduct of representation elections the board routinely ignores rhetoric; realizing that is is party of any election campaign and usually will be disregarded b employees making decisions. |
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Term
| • Threats and loss of benefits |
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Definition
| Unlike campaign rhetoric, the actual reduction or withholding of benefits as a method of combating an organizational drive constitutes interference. |
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Term
| • Promise or Grant benefit |
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Definition
| The promise of economic benefits by the employer if employees reject unionization will violate the NLRA, as will the promise or grant of economic benefits during an organizational campaign to influence the outcome of an election or to discourage organizational activities. |
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Term
| • Interrogation and polling of employees |
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Definition
| The NLRB originally viewed all employer interrogation of employees as to union sympathy as unlawful per se for two reasons; such interrogation instills a fear of discrimination in the mind of the employee, thereby restraining freedom of choice, and no purpose could be served by such inquiry except to indentify employees with union sympathies. |
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Term
| • Good-Faith Resonable Doubt |
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Definition
| An NLRB rule that provides an employer who entertains a good faith reasonable doubt tht employees support the incumbent unions may request an election, withdraw recognition and refuse to bargain with that union or conduct an informal poll of employees. |
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Term
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Definition
| Surveillance in almost any form has been held violation of the unfair labor practces section of the NLRA. |
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Term
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Definition
| - The NLRB prohibits any electioneering at or near the polls in a campaign. |
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Term
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Definition
| The NLRB rule prohibits employers and unions from making organizational campaign speeches on company time to assemblies of employees within 24 hours of a scheduled election. |
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Term
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Definition
a Surpreme court case in which the court ruled that the employer created “ work committes” comprising both employees and managers that met to discuss working conditions were a violation of the NLRA.
Discrimination against |
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Term
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Definition
| When an employers conduct is not motivated or at least not entirely motivated by legitimate and substantial business reasons by a desire to penalize or reward employees for union activity or lack of it. |
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Term
| • Dual-motive discrimination case |
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Definition
| A case in which the employers puts forth two explanations for taking an action against an employee- one constitutes a legitimate business reason and the other is a reason prohibited under the NLRA as an unfair labor practice. |
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Term
| • Pretext Discrimination Case |
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Definition
| An unfair labor practice charge in which an employer puts forth legitimate business reasons for taking an action, but the employee asserts that the true reason is one prohibited under the NLRA. |
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Term
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Definition
| - Any legitimate action taken by an employee to further their common but not individual interests such as wages, hours and working conditions. |
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Term
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Definition
A strike is a type of concerted activity protected under the act if it is called for economic reasons or to protest unfair labor practices.
• Scabs- workers who cross picket lines to work when unio employees are on strike |
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Term
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Definition
| a takeover of the employers property. The action is seen as a violation of the owners property rights( illegal strikes) |
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Term
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Definition
| An economic strike conducted by a minority of the workers without the approval of the union and in violation of a no-strike clause in an existing contract.(illegal strike) |
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Term
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Definition
| Various types of job actins such as a work slowdown or refusal to work overtime(illegal strike) |
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Term
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Definition
| • Sickout- An organized effort to have workers in call in sick. An illegal partial strike in which employees call in sick to protest a working conditions.(illegal strike) |
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Term
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Definition
| Called because two unions are in dispute as to whose workers deserve the work.(unlawful ends) |
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Term
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Definition
| when a union tries to pressure the employer to make work for union members through the limitations of production, increasing the amount of work to be performed, or other make-work arrangements. (unlawful ends) |
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Term
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Definition
| when a strike is called to gain recognition for another union if a certified union already represents employees.(unlawful ends) |
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Term
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Definition
| A supreme court ruling that a union employee has the right to request the presence of a union official during a meeting with management if the meeting may involve a discipline issue. |
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Term
| Specific union activites that have been deemed in violation of the amendments include the following (in violation of Weigngarten) |
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Definition
• Specific union activities that have been deemed to be in violation of the amendments include the following
• Physical assault or the threats of violence directed at employees or their relatives.
• Threats of economic reprisals
• Mass picketing that restrains the lawful entry or leaving of a worksite
• Causing or attempting to cause an employer to discriminate against employees |
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Term
| Duty to Bargain in good faith |
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Definition
| Resonable efforts demonstrated by both management and labor during contract negotiations. Generally it requires both sides to meet confer, and make written offers. It does not require either side to concede or agree on any issues but rather to show reasonable intent to reach an agreement. |
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Term
| Totality of Conduct Doctrine |
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Definition
| - a test or review of the total bargaining process used to determine if a negotiating party has acted in good faith, as opposed to isolated acts that may have occurred during negotiations. Generally requires some give and take by a negotiating party to warrant good faith. |
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Term
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Definition
| A collective bargaining approach in which management presents its entire proposal as its final offer, holding nothing back for further negotiations. This approach lacks any give and take in bargaining. |
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Term
| The NLRB uses these factors when considering an unfair labor charge for surface bargaining |
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Definition
• 1 Prior bargaining history of the parties
• 2 parties willingness to make concessions
• The character of exchanged proposals and demands
• Any dilatory tactics used during negotiations
• Conditions imposed by either party as necessary to reaching an agreement.
• Unilateral changes made during the bargaining process in conditions subject to bargaining
• Communications by employer to individual employees
• Any unfair labor practices committed during bargaining. |
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Term
| Duty to Furnish Information |
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Definition
• The employer as a duty to furnish information to the union, enabling it to carry on the negotiation process.
• Relevancy- within liberal interruptions, the NLRB has said that information requested must be relevant to the unions right to represent its members.
• Financial information of company- when an employer claims financial inability to meet a union wage demand, the financial information of the employers company becomes relevant. The supreme court held that if such a claim by the employer is important enough to be made at the table, it requires some proof if its accuracy.
• Prompt delivery information in workable form- bad faith may be evidenced if requested information is not delivered in a timely manner or is delivered in an unreasonable useless form.
• Information that must be furnished – Almost all areas touching mandatory bargaining have been open to union requests for information. However employers frequently refuse requests by the union to furnish wage information. |
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Term
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Definition
| a provision of a collective bargaining agreement that restricts either party from requiring the other party to bargain on any issue that was not previously negotiated in the agreement for the term of the contract. |
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Term
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Definition
| An agreement provision that allows future negotiations during the term of the contract on specific mandatory issues such as wages or health care |
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Term
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Definition
| a CBA provision that keeps all other provisions in the agreement in place should one provision become null and void |
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Term
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Definition
| a case in which the supreme court upheld an injunction against a union that strict an employer despite no strike clause in its contract. The court also ruled that an employer is ordered to arbitrate while seeking a court injunction against a union striking in violation of a no-strike clause. |
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Term
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Definition
| union pressure exerted on a neutral party indirectly related to the primary employer. The neutral party then exerts pressure against the primary employer. |
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Term
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Definition
| a legally permissible action against the employer directly involved in collective bargaining that involves pressure on others to withhold purchases of the employers goods or services. |
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Term
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Definition
| a negotiated contract provision stating that union members of one employer have the right to refuse to handle nonunion or struck goods of other employers. |
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Term
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Definition
| The section of the NLRA that allows the board to seek a federal court injunction in situations in which the action of a union or the employer might cause substantial harm to the other side. |
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Term
| Most Section 10(j) cases fall within the following 13 categories |
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Definition
• Union organizing campaign interference
• Subcontracting work to outside employers
• Withdrawing recognition of the union
• Undermining or denigrating the members of the unions bargaining team
• Granting exclusive representation to a minority union
• Successor employer refusing to recognize and bargain
• Bad faith conduct during negotiations
• Picketing violence
• Strike or picketing notice or waiting period violations
• Employer refusal to allow protected activity on private property
• Retaliation for the NLRB processes
• Closedown of operations during litigation
• Union coercion to achieve unlawful object |
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Term
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Definition
| A landmark decision in which the supreme court ordered an employer to arbitrate grievances provided for in a collective bargaining agreement, stating that an employers agreement to arbitrate grievance disputes was a trade-off for the unions agreement not to strike |
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Term
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Definition
| three 1960 supreme court rulings that upheld the grievance arbitration process and limited judicial intervention. |
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