Jury ruled that groups of employees banded together to raise their wages constituted a conspiracy in restraint of trade.

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•          Union could be punished if either means used or ends sought were deemed illegal by courts.

•          Some courts continued to rule that labor unions were illegal.

•          Others ruled that means unions used (e.g., strikes) to achieve demands were illegal or that ends sought (e.g., closed shops) were illegal.

•          Supreme Court of Massachusetts rejected doctrine that actions of labor unions were illegal per se.

•          Power of labor union could be used not only for illegal purposes, but also for legal purposes.

•          Decision left door open to legal actions questioning means used -- and ends sought  -- by labor unions.

what are

•          Court order to stop action that could result in irreparable damage to property, when no other adequate remedy is available to protect interest of injunction-seeking party.

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•          Complainant (usually employer) went to court, filed complaint stating nature of property threat, requested relief.

•          Judge normally issued temporary restraining order halting threatened action until case could be heard.

•          Preliminary hearing for judge to decide whether to issue a temporary injunction.

After a trial, a decision was made as to whether a permanent injunction should be issued

•          As a condition of employment, worker would not join a labor union.

•          Contract could be oral, written, or both.

act that said :

•          Trusts and conspiracies restraining interstate commerce became illegal; forbade persons from monopolizing --- or attempting to monopolize --- interstate trade or commerce.

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act that said :

•          Labor of a human being is not a commodity or article of commerce.

•          No restraining order or injunction shall be granted by any court in any case between an employer and employees.

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•          Supreme Court ruled that unions were not exempt from the control of Sherman Anti-Trust Act. Basically, nullified the Clayton Act.

•          Established National Mediation Board to administer.

•          Eliminated yellow-dog contracts for railroad employees.

•          Established mechanisms for mediation and arbitration of disputes between employers and unions within the industry.

•          Original act applied only to railroad employees, and not to those employed in other industries

•          Pro-labor act: Eliminated use of yellow-dog contracts and severely restricted use of injunctions.

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•          Striking

•          Paying Strike Benefits

•          Picketing (unless it involved fraud or violence)

•          Peacefully assembling

•          Drawback: Lack of administrative procedures to ensure implementation of rights.

•          Employees could gain bargaining rights only if:

•          Employer voluntarily agreed to recognize union

•          Employees struck and forced recognition

•          Gave workers right to organize.

•          Obligated management of organizations to bargain in good faith with unions.

•          Defined illegal management practices relating to unions.

•          Created National Labor Relations Board (NLRB) to administer act.

•          Established procedures for use in union elections.

•          Directed NLRB to conduct such elections and investigate unfair practices.

•          Prohibited employers’ unfair labor practices, including:

•          Interference with, restraint of, or coercion of employees in exercising their rights under act.

•          Domination of, interference with, or financial contributions to a union.

•          Discrimination in regard to hiring, firing, or any term or condition of employment to encourage or discourage membership in a union.

•          Discharge of, or discrimination against, employee for filing charges or giving testimony under the act.

Refusal to bargain in good faith with the legal representative of the employees

act that placed federal government in a watchdog position to ensure union–management relations are conducted fairly by both parties.

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•          Organize a union.

•          Bargain collectively with an employer.

•          Exception in construction industry: Permitted agreements to require union membership within 7 days of employment, and a “union hiring hall”.

In general, unions were forbidden to:

•          Coerce employees who do not want to join.

•          Force employers to pressure employees to join.

•          Refuse to bargain in good faith with an employer.

•          Force an employer to pay for services not performed (feather-bedding).

•          Engage in certain types of secondary boycotts.

•          Charge excessive initiation fees when union membership is required (union shop agreement).

•          Requires employees to join union and remain members as a condition of employment.

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act that

•          Regulates labor unions and requires disclosure of certain union finance information to the government.

•          Amendment to --  and extension of Wagner Act – Regulating internal union affairs and protecting rights of individual union members.

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•          Vote in union elections.

•          Oppose their incumbent leadership in union meetings by nominating opposition candidates.

•          Majority affirmative vote of members by secret ballot is required before union dues can be increased.

•          Reports covering most financial aspects of union must be filed with U.S. Department of Labor.

Officers and employees of unions are required to report any financial dealings with employees that might potentially influence union members’ interests --- which act includes this??

purpose is

•          Regulating labor–management relations for federal government employees.

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FLRA

General Council

FSIP

within FLRA to investigate and prosecute unfair labor practices: Appointed by the President, with approval of the Senate, for a 5-year term.

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•          Entity within FLRA to provide assistance in resolving negotiation impasses in federal sector.

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Federal Services Impasses Panel

FSIP

4 provisions of the civil service reform

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•          Established unfair labor practices for the management of federal agencies and unions.

•          Established the general areas that are subject to collective bargaining.

•          Required binding arbitration for all grievances that have not been resolved in earlier stages of the grievance procedure.

•          Prohibited strikes in the federal sector.

•          5-member panel created by National Labor Relations Act.  Appointed by the President with advice and consent of Senate and with authority to administer Wagner Act.

•          Each member serves a 5-year term

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Separate independent office created by Taft–Hartley Act to investigate unfair labor practice charges and present those charges with merit to NLRB.

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NLRB - judge

General Counsel - prosecutor

•          Legislation enacted by individual states that can forbid various types of union security arrangements, including compulsory union membership.

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•          Employees in unionized organizations are represented by union, but are not required to belong to union or pay union dues.

the south east , texas, midwest

all states that arnt highly industrialized

What does AFL - CIO stand for?

____ was composed of craft unions.

____ was composed of industrial unions.

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AFL - craft

CIO - industrial

•          Union members are both skilled and unskilled workers in a particular industry or group of industries

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Unions having only skilled workers as members

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men

blacks

three states with union membership over 20%?

Least unionized states??

over - hawaii, new york, alaska

under - North Carolina, South Carolina, Georgia

Labor unions historically get their strength from _____ but the ____ industry is starting to become unionized.

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blue collar workers

service industry

Involves 2 or more unions, normally of about equal size, forming new union.

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•          Unions successful in organizing narrow segments of service sector, such as teachers, pilots, and musicians.

closed shop= you have to be a union member to be hired

union shop - you have to join the union shortly after being hired

Most craft unions have workers that are from several ____ ____ like bricklayers, masons, and plasterers.

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