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3308Chap15outline - 15 Government Employee Policy...

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Unformatted text preview: 15 Government Employee Policy Initiatives 0. Union-Management Relationship 1. Disability benefits SSA 2. Employment Discrimination Fair Labor Standards Act 0. Restrictions On Child Labor 1. Minimum Hourly Wage- 1997 = $5.15/hr. 2. Maximum Number Of Hours Before Overtime Owed 0. 40 Hours (1.5 Regular Rate) 1. Time Off 2. May Be Superceded By Contract Employment And Labor Laws Employment-At-Will 3. Implied Promise Of Good Faith 4. Prohibited 3. Discharge For Performance Of Public Obligation 4. Discharge For Whistle-Blowing 5. Discharge For Exercising Legal Rights Workers' Privacy 0. Personnel Files 1. Private Employers Restricted On Lie Security Companies allowed to test employees) 0. Employee Access 1. Restrict 3rd Party Access Detector For Applicant Screening (Private 2. Some States Limit Drug Testing Employer Protection From Employee Lawsuits 0. The first three below constitute "a paper fortress" 5. Job Descriptions 6. Personnel Manuals 7. Personnel Files 8. Written Warning- Signed/Noted 9. Letter Of Explanation Labor-Management Relationship 0. Successful Collective Bargaining 1. Clayton Act (1914)- Legitimate Union Practices Exempted the first federal statute of any importance to the labor movement). (This is the principal GOAL of Labor Law) (This is 2. Railway Labor Act(1926) 3. Norris-LaGuardia Act(1932) 0. Collective Bargaining For Railroads & Airlines 1. National Mediation Board Created 2. Yellow-Dog Contracts were made illegal employee would not join a union) (a condition of employment that 3. Prohibited Certain Court Actions 4. Restricted (not prohibited) use of Federal Ct injunctions in labor disputes. National Labor Relations Act: Wagner Act(1935) 4. Created National Labor Relations Board -Members appointed -Members by President - with jurisdiction over retail enterprises with gross volume of $500,000/annually or more no jurisdiction over hotel and motel s that serve transient guests and gross $250,000/year State Laws (if interstate commerce is involved, NLRB has Extensive authority.) Granted NLRB Quasi-Judicial Authority Prohibited firing employees for Union Activities Explicitly affirms labor's right to organize. Any organization of Employees must be completely independent of their employers. 5. Business "Affecting Commerce"- Small Employers Under 6. 7. 8. 9. Unions 10. 6. Secret Ballot 7. NLRB Supervised Upon Petition of at least 30% of employees Elections 11. Cards = Election (no more elections for one year) Workers Unionized % Union Membership by Industry (2002) Unfair (Illegal) Labor Practices By Management 3. Interference with a union activity (election) 4. Domination (an employer may NOT support a union) 5. Discrimination 2. In Hiring/Tenure Of Employees 3. Against Employees For Filing Charges/Giving Testimony 6. Refusal To Bargain 5. Voluntary 4. Compulsory (only wages & hours) Taft-Hartley Act(1947) 0. Ensure Free Flow Of Commerce 1. 80-Day Cooling-Off When nation's health or safety is imperiled. 2. Protects Management Free Speech Union Shop 7. Closed Shop- Membership Required Before Applying 8. Union Shop- Membership Required After Employment (30 Days) 9. Right-To-Work Laws not requiring an employee to be required to join a union Right-To Work States Suits Against Unions 0. Union Responsible For Actions Of Its Agents 1. Money Judgment Against Union Assets 2. Members 0. Sue For Damages From Illegal Strike 1. Sue For Breach Of Duty In Fair Representation 2. Failing To Enforce Union Constitution & Bylaws Unfair (Illegal) Labor Practices By Unions 1. Restraining/Coercing Employee To Join Union 2. Cause Employer To Discriminate Against Nonunion Member 3. Striking/Picketing For Illegal Purposes, Engaging In Secondary Boycotts-(it is an unfair labor practice for both 4. Jurisdictional Strike employer and employees to be involved in a "hot-cargo K (contract)" -defined as one in which the employer agrees that employee's should not be required to handle or work on goods going to or coming from an employer believed to be "unfair" Amendments 3. Landrum-Griffin Act (1959) 4. Agreeing To Engage In Secondary Boycotts 3. Union-Mgmt. Agreement With Adverse Affect On 5. Picketing When Not Certified 3rd Party 4. Hot-Cargo Contract 5. Employer Recognize Another Union 6. Valid Election Already Conducted 7. Unreasonable Picketing Timeframe Business Decision: Troubles In The Workplace 0. Are There Legal Limits To Monitoring Employees' Activities? 1. Can You Prohibit Employees From Attempts To Organize The Workplace? 2. Is It Possible To Prevent The Machinist Union From Talking With All Your Employees? 3. Are There Any Advantages In Having Only 1 Union With Which You Are Required To Bargain? What Precaution Must Be Taken In Dealing With A Particular Union? 15 End of Chapter 15 ...
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  • Spring '08
  • ByronStuckey
  • Trade union, National Labor Relations Act, National Labor Relations Board, National Labor Relations, Shop- Membership Required

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