HRM 402 FINAL VERIFIED STUDY GUIDE
Describe the conditions in the United States that led to the passage of the laws that
govern labor-management relations - Answers - In 1935 the National Labor Relations
Act (Wagner Act) established the legal right for labor unions to exist. Before that time,
the existence of unions was uncertain and threatened. Labor leaders had lobbied for the
passage of several state and federal laws only to see them nullified or used against
unions after they were passed.
Conspiracy Doctrine (anti-union weapons) - Answers - -Labor unions were illegal
conspiracies in restraint of trade
-Something one person is allowed to do when acting alone may be illegal when done by
a group.
-Workers as individuals had the right to take actions to increase their wages or to quit if
they were dissatisfied. But workers were found guilty of conspiracy when they acted as
a group to demand high wages or withhold their labor by collectively striking.
-Redefined in landmark case of Commonwealth v. Hunt. A union could be found guilty
of conspiracy if either its objectives or its methods of achieving the objectives were
illegal
Court Injunctions (anti-union weapons) - Answers - A court order that directs a person
or group to refrain from pursuing a course of action.
Injunctions are issued when it is believed that without them irreparable damage to
property will occur, leaving the property owner without adequate remedy to obtain
compensation for the loss.
Yellow-dog contracts (anti-union weapons) - Answers - A statement employees were
required to sign in which they agreed to not join a union
Antitrust Statutes (anti-union weapons) - Answers - Unions were interpreted by the
courts as illegal combinations in restraint of interstate commerce when they attempted
to strike an employer or boycott an employers products.
Role of the NLRB - Answers - -When a sufficient number of employees request a
representation election, the NLRB conducts the election and determines the bargaining
agent.
-If charges of unfair labor practices are made, the board is responsible for investigating
and resolving them.
-Extensively involved in employee relation disputes
"Right-to-work" - Answers - Guarantee no person can be compelled to join a union or
pay union dues, as a condition of employment. Right to work laws can prohibit contracts
that require the hiring of unionized workers only.
what legislation makes "right-to-work" laws possible - Answers - Taft-Hartley Act
,Norris-La Guardia Act - Federal Anti-Injunction Act, 1932 - Answers - -Legislature must
determine whether a strike is illegal (not courts)
-Courts cannot prevent aid from labor unions (e.g. strike-relief funds)
-Courts generally cannot interfere with union picketing/messaging except in cases of
violence or fraud
-Yellow-dog contracts become legally unenforceable
the Wagner Act - National Labor RElations Act, 1935 - Answers - -Unfair Labor
Practices: Employers can neither interfere with collective bargaining efforts nor "restrain
or coerce" employees
>Can't threaten to fire or change any term of employment (wages) to encourage or
discourage union membership
>No retaliation against those who file complaints
-Creates National Labor Relations Board (NLRB)
-Employers must bargain in good faith with employee representatives
the Taft Hartley Act - Labor Management Relations Act, 1947 - Answers - -12 years
after wagner act
-Now unions can not "restrain or coerce" employees
-Now unions must also bargain in good faith
-Unions cannot boycott suppliers or purchasers
-Featherbedding is illegal
-No excessive membership fees/dues
-Bans certain union arrangements and allows states to pass "right-to-work" provisions
the Landrum-Griffin Act - Labor Management Reporting and DIsclosure Act, 1959 -
Answers - -In response to widespread problems (union fraud, mob influence, extortion,
etc.)
-Regulates internal conduct of unions
-Five key areas
>Union member bill of rights
>Reports to secretary of labor
>Union trusteeship controls
>Conduct of union elections
>Financial safeguards
What must companies do as part of bargaining "in good faith" - Answers - -1,000s of
NLRB cases help define the term, totality of behavior is evaluated
-Company must provide relevant information to union
-Must actively participate (open mind, sincere desire to reach an agreement)
-Must meet at reasonable times and intervals
-Must hace an authorized decision-maker at the table
-Must make counter proposals
-No requirement to reach agreement or make concessions
>Impasse can (and often will) be evaluated by the NLRB
, Closed Shop - Answers - -only union members can be hired
-taft-hartley act makes this illegal
Union shop - Answers - -Employees required to join a labor union soon after hire and
must remain a member for the duration of the job
-Legal in some states, prohibited in right-to-work states
Agency Shop - Answers - you do not have to join but you still have to pay union dues
Maintenance of Membership - Answers - A maintenance of membership clause in a
collective bargaining agreement requires employees who are covered by the agreement
to maintain their membership in the union for the duration of the contract
Dues Check-off - Answers - -Allows a union to collect dues through automatic payroll
deduction (from direct deposit) on terms negotiated by the employees exclusive
bargaining agent (union) and the employer
-Compulsory dues check-off (illegal): taking employees money without their knowledge
or consent
What is considered unfair labor practice for unions during a union election - Answers - -
Cannot restrain, coerce, or threaten
-Generally cannot distribute campaign literature in work areas during working hours
-Cannot demand "equal time" to address employees at work
What is considered unfair labor practice for employers during a union election - Answers
- -Cannot restrain, coerce or threaten
-Cannot promise benefits
-Cannot try to settle grievances (it is too late at this point)
-Cannot surveil or interrogate employees (large group discussions okay)
-Cannot reward employees to campaign against a union
-Cannot enforce nonwork areas during non work time (cafeteria)
strike - Answers - when a group of employees refuses to work
economic strike - Answers - -result of impasse over terms and conditions of
employment
-strikers may be temporarily or permanently replaced
Unfair Labor practices strike - Answers - -protesting an unfair labor practices
-employees may be temporarily replaced
Lockout - Answers - - when an employer refuses to allow employees to work
-temporary replacement workers may be hired
-only permissible as a result of impasse over terms and conditions of employment
Describe the conditions in the United States that led to the passage of the laws that
govern labor-management relations - Answers - In 1935 the National Labor Relations
Act (Wagner Act) established the legal right for labor unions to exist. Before that time,
the existence of unions was uncertain and threatened. Labor leaders had lobbied for the
passage of several state and federal laws only to see them nullified or used against
unions after they were passed.
Conspiracy Doctrine (anti-union weapons) - Answers - -Labor unions were illegal
conspiracies in restraint of trade
-Something one person is allowed to do when acting alone may be illegal when done by
a group.
-Workers as individuals had the right to take actions to increase their wages or to quit if
they were dissatisfied. But workers were found guilty of conspiracy when they acted as
a group to demand high wages or withhold their labor by collectively striking.
-Redefined in landmark case of Commonwealth v. Hunt. A union could be found guilty
of conspiracy if either its objectives or its methods of achieving the objectives were
illegal
Court Injunctions (anti-union weapons) - Answers - A court order that directs a person
or group to refrain from pursuing a course of action.
Injunctions are issued when it is believed that without them irreparable damage to
property will occur, leaving the property owner without adequate remedy to obtain
compensation for the loss.
Yellow-dog contracts (anti-union weapons) - Answers - A statement employees were
required to sign in which they agreed to not join a union
Antitrust Statutes (anti-union weapons) - Answers - Unions were interpreted by the
courts as illegal combinations in restraint of interstate commerce when they attempted
to strike an employer or boycott an employers products.
Role of the NLRB - Answers - -When a sufficient number of employees request a
representation election, the NLRB conducts the election and determines the bargaining
agent.
-If charges of unfair labor practices are made, the board is responsible for investigating
and resolving them.
-Extensively involved in employee relation disputes
"Right-to-work" - Answers - Guarantee no person can be compelled to join a union or
pay union dues, as a condition of employment. Right to work laws can prohibit contracts
that require the hiring of unionized workers only.
what legislation makes "right-to-work" laws possible - Answers - Taft-Hartley Act
,Norris-La Guardia Act - Federal Anti-Injunction Act, 1932 - Answers - -Legislature must
determine whether a strike is illegal (not courts)
-Courts cannot prevent aid from labor unions (e.g. strike-relief funds)
-Courts generally cannot interfere with union picketing/messaging except in cases of
violence or fraud
-Yellow-dog contracts become legally unenforceable
the Wagner Act - National Labor RElations Act, 1935 - Answers - -Unfair Labor
Practices: Employers can neither interfere with collective bargaining efforts nor "restrain
or coerce" employees
>Can't threaten to fire or change any term of employment (wages) to encourage or
discourage union membership
>No retaliation against those who file complaints
-Creates National Labor Relations Board (NLRB)
-Employers must bargain in good faith with employee representatives
the Taft Hartley Act - Labor Management Relations Act, 1947 - Answers - -12 years
after wagner act
-Now unions can not "restrain or coerce" employees
-Now unions must also bargain in good faith
-Unions cannot boycott suppliers or purchasers
-Featherbedding is illegal
-No excessive membership fees/dues
-Bans certain union arrangements and allows states to pass "right-to-work" provisions
the Landrum-Griffin Act - Labor Management Reporting and DIsclosure Act, 1959 -
Answers - -In response to widespread problems (union fraud, mob influence, extortion,
etc.)
-Regulates internal conduct of unions
-Five key areas
>Union member bill of rights
>Reports to secretary of labor
>Union trusteeship controls
>Conduct of union elections
>Financial safeguards
What must companies do as part of bargaining "in good faith" - Answers - -1,000s of
NLRB cases help define the term, totality of behavior is evaluated
-Company must provide relevant information to union
-Must actively participate (open mind, sincere desire to reach an agreement)
-Must meet at reasonable times and intervals
-Must hace an authorized decision-maker at the table
-Must make counter proposals
-No requirement to reach agreement or make concessions
>Impasse can (and often will) be evaluated by the NLRB
, Closed Shop - Answers - -only union members can be hired
-taft-hartley act makes this illegal
Union shop - Answers - -Employees required to join a labor union soon after hire and
must remain a member for the duration of the job
-Legal in some states, prohibited in right-to-work states
Agency Shop - Answers - you do not have to join but you still have to pay union dues
Maintenance of Membership - Answers - A maintenance of membership clause in a
collective bargaining agreement requires employees who are covered by the agreement
to maintain their membership in the union for the duration of the contract
Dues Check-off - Answers - -Allows a union to collect dues through automatic payroll
deduction (from direct deposit) on terms negotiated by the employees exclusive
bargaining agent (union) and the employer
-Compulsory dues check-off (illegal): taking employees money without their knowledge
or consent
What is considered unfair labor practice for unions during a union election - Answers - -
Cannot restrain, coerce, or threaten
-Generally cannot distribute campaign literature in work areas during working hours
-Cannot demand "equal time" to address employees at work
What is considered unfair labor practice for employers during a union election - Answers
- -Cannot restrain, coerce or threaten
-Cannot promise benefits
-Cannot try to settle grievances (it is too late at this point)
-Cannot surveil or interrogate employees (large group discussions okay)
-Cannot reward employees to campaign against a union
-Cannot enforce nonwork areas during non work time (cafeteria)
strike - Answers - when a group of employees refuses to work
economic strike - Answers - -result of impasse over terms and conditions of
employment
-strikers may be temporarily or permanently replaced
Unfair Labor practices strike - Answers - -protesting an unfair labor practices
-employees may be temporarily replaced
Lockout - Answers - - when an employer refuses to allow employees to work
-temporary replacement workers may be hired
-only permissible as a result of impasse over terms and conditions of employment
