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Chapters 13, 14, 15
American Labor Law Midterm Exam
37
Law
Undergraduate 3
03/11/2013

Additional Law Flashcards

 


 

Cards

Term
Voluntary Recognition
Definition
An employer agreeing to recognize a union with majority support as the exclusive bargaining agent for the workers in the bargaining unit, without holding a certification election.
Term
Authorization Cards
Definition

Cards signed by employees indicating that they authorize the union to act as the employees' bargaining agent and to seek an election on behalf of the employees.

 

Petitioning union has to have at least 30% showing interest

Term
Forty-Eight-Hour Rule
Definition
NLRB requirement that a party filing a petition for a representation election must provide evidence to support the petition within 48 hours of the filing.
Term
Consent Election
Definition
Election conducted by the regional office giving the regional director final authority over any disputes.
Term
Contract Bar Rule
Definition
A written labor contract bars an election during the life of the bargaining agreement, subject to the "open-season" exception.
Term
Bargaining Unit
Definition
Group of employees being represented by a union.
Term
Unfair Labor Practice Strike
Definition

A strike to protest employer unfair practices.

 

Strikers cannot be permanently replaced, and can vote in any election held during the strike.

Term
Economic Strike
Definition

A strike over economic issues such as a new contract or a grievance.

 

Economic strikers may be permanently replaced by employer.  Those strikers who are replaced can only vote in elections held within 12 months after strike begins. After 12 months they lost their voting eligibility.

Term
Excelsior List
Definition
A list of the names and addresses of the employees eligible to vote in a representation election.
Term
Laboratory Conditions
Definition
The conditions under which a representative election is held; the NLRB tries to ensure thatneither the employer nor the union unduly affects the employees' free choice.
Term
Captive-Audience Speeches
Definition
Meetings or speeches held by the employer during working hours, which employees are required to attend.
Term
Twenty-Four-Hour Silent Period
Definition
The twenty-four-hour period prior to the representation election, during which the parties must refrain from formal campaign meetings.
Term
Decertification Petition
Definition

Petition stating that a current bargaining representative no longer has the support of a majority of the employees in the bargaining unit.

 

In order for the Board to entertain a decertification petition there must be at least 30% employee interest.

Term
Union-Shop Clause
Definition
Clause in an agreement requiring all present and future members of a bargaining unit to be union members.
Term
Unfair Labor Practices (ULPs)
Definition
Actions by employers or unions that interfere with the rights of employees under the National Labor Relations Act.
Term
Weingarten Rights
Definition
The right of employees to have a representative of their choice present at meetings that may result in disciplinary action against the employees.
Term
Whipsaw Strikes
Definition
Strikes by a union selectively pitting one firm in an industry against the other firms.
Term
In-House Unions
Definition
Unions created and controlled by the employer
Term
Union Security Agreements
Definition

Contract provisions requiring employees to join the union or pay union dues in order to remain employees.

 

Employer must discharge an employee upon the union's request.

 

 

Term
Union Shop Agreement
Definition
Agreement requiring employees to join the union after a certain period of time.
Term
Agency Shop Agreement
Definition
Agreement requiring employees to pay union dues, but not requiring them to join the union.
Term
Right-to-Work Laws
Definition
Laws which prohibit union security agreements.
Term
Hiring Halls
Definition
A job-referral mechanism operated by unions whereby unions refer members to prospective employers.
Term
Lockout
Definition
An employer's temporary withdrawal of employment to pressure employees to agree to the employer's bargaining proposals.
Term
Runaway Shop
Definition
Situation in which an employer closes in one location and opens in another to avoid unionization.
Term
Featherbedding
Definition
The practice of getting paid for services not performed or not to be performed.
Term
Front Pay
Definition
Monetary damages awarded to a plaintiff instead of reinstatement or hiring.
Term
Collective Bargaining
Definition
Process by which a union and employer meet and confer with respect to wages, hours, and other terms and conditions of employement.
Term
Impasse
Definition
A deadlock in negotiations.
Term
Mandatory Bargaining Subjects
Definition
Those matters that vitally affect the terms and conditions of employment of the employees in the bargaining unit; the parties must bargain in good faith over such subjects.
Term
Permissive Bargaining Subjects
Definition
Those matters that are neither mandatory or illegal; the parties may, but are not required to, bargain over such subjects.
Term
Mass Layoffs
Definition
Layoffs creating an employment loss during any thirty-day period for 500 or more employees or for fifty or more employees who consittute at least one-third of the full-time labor force at a unit of the facility.
Term
Failing Firm Exception
Definition
An exception to the WARN notice requirement for layoffs that occurs when the employer can demonstrate that giving the required notice would prevent the firm from obtaining capital or business necessary to maintain the operation of the firm.
Term
ALJ
Definition
Administrative Law Judge
Term
Norris-Laguardia Act
Definition
Defined what a labor dispute was.  Allowed Unions to engage, and outlawed yellow-dog contracts.
Term
Railway-Labor Act
Definition

Established dispute settlement procedure for the railroad industry; it was later extended to the airline industry.

 

Contracts do not expire, they become amendable.

Term

Section 7 of NLRA

Rights of Employees

Definition

All rights under Section 7 are given to all employees covered by the NLRA; employees need not be organized union members to enjoy such rights.

 

Activity is protected under Section 7 if:

  • It is concerted activity
  • It is for collective bargaining or mutual air and protection purposes
  • It is not illegal, destructive, or unreasonable
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