Silberman - Fall 2004 Laber Law

Silberman - Fall 2004 Laber Law - Labor Law Outline...

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1 Labor Law Outline Silverman – Fall 2004 Discussion of Major Themes of the Course : 1- 93 33 – Loewe v. Lawler (S. Ct. 1908) - Sherman anti trust act used against union yellow dog contract – provision in employment contract in which employee promised not to join a union 56 – Apex Hosiery v. Leader (1940) - court did not extend coverage of Sherman act to unions because a shut down resulting from a strike was not the kind of restraint of trade condemned by anti-trust laws 61 – United States v. Hutcheson (S. Ct. 1941) - refused to apply Sherman anti trust act against union who boycotted anheiser bush because of a work assignment dispute 67 – Burlington Northern R.R> Co. v. Brotherhood of Maintenance (S. Ct. 1987): - union picketed RR and some of its employees expanded to picketing and threats of strikes around the country - Norris Laguardia expresses a basic policy against injunction of activities of unions - Congress divested the power of federal courts to enjoin secondary picketing in railway labor disputes, congress has not seen fit to restore that power - (I thought federal courts could enjoin the secondary picket – but maybe that is only under the NLRA) Thornhill v. Alabama (S. Ct. 1940) : - Thornhill convicted of violating Alabama statute that prohibited picketing someone’s business - Holding – the Dissemination of information concerning the facts of a labor dispute is within the area of free discussion guaranteed by the Constitution’s First Amendment Jurisdiction , Organization and Procedures of the NLRB (93 – 114) (also get Brown and NYU cases) Jurisdiction: Exceptions to the NLRA: agricultural, domestic, employed by parent or spouse, independent contractors employees covered by railway labor act 95 - to be covered by act the board has established:
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2 1. Retail concerns: All such concerns doing $500,000 or more gross volume of business 2. Non-retail firms: All such firms with an annual outflow or inflow direct or indirect in excess of $50,000 3. Instrumentalities, Links and Channels of Intestate commerce: 1. all such entities which derive $50,000 or more from interstate portion of their operations 4. public utilities 5. Transit Systems 6. Newspapers and communication systems 7. National defense: All firms having a substantial impact on national defense 8. propriety and nonprofit hospitals 9. law firms and legal assistance programs public employees have different criteria – they don’t have right to strike §211 excludes supervisors Supreme court added secondary schools operated by the Roman Catholic Church NLRB v. Catholic Bishop of Chicago Question if faculty are supervisors or employees – depends on the scope of managerial role - CW post non managers, BU managers Representation election – need 30% card check Need to examine 1. jurisdiction – does the NLRB have jurisdiction – they apply the appropriate standards 2. Is there a labor organization involved - §2 (5) defines what a labor organization is 3. Q.C.R. – is it ripe to run an election – the board has certain limitations on the time
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Silberman - Fall 2004 Laber Law - Labor Law Outline...

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