Labor Relations Chapter 3

Labor Relations Chapter 3 - Chapter 3: Legal Influences...

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Chapter 3: Legal Influences Origin of Labor Relations Law - Article 1 S8: grants congress right to pass laws regulating interstate and international commerce. o Labor relations activities can affect it and so has been focus of many laws that regulate aspects of employment relationship - Early US history governed by Common law – only used to resolve legal dispute when no constitutional or statutory law applies to that dispute. Early US common law based on English common law and modified for local custom. o Ex: employment at will EAW doctrine – states employment relationships established for an indefinite duration may be terminated by employer or employee at any time for any reason. Gives management to fire without legal challenges from employee (has been modified for race, religion, sex) - Modern US labor laws relies primarily on federal and state statutory laws or local government ordinances: NLRB, US Dept. of Labor, OSHA responsible for administering specific labor laws - Congress enacts labor relations laws for interest of employees, employers, public welfare, furtherance of interstate commerce - Under preemption doctrine – federal law takes precedent when state or local ordinances seek to regulate same conduct and there is conflict between them. - Judicial branch of government – determines a law’s constitutionality and conformity to legal standards - Executive branch – includes administrative agencies created by Congress to interpret and administer some labor laws. o NLRB – administers NLRA Wagner Act as amended by Labor Management Relations Act (Taft Hartley) and certain aspects of Labor Management Reporting and Disclosure (Landrum Griffin) Act – supervision of union of union representation elections and determination of unfair labor practice charges o Federal mediation and Conciliation Service (FMCS) – mediation services for unions and employers engaged in collective bargaining and assists parties in selecting arbitrators in grievance, also provides training in cooperative labor management relations
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o US Department of Labor USDOL – research, data collection, administers federal wage and safety laws, enforces federal contract compliance under EEO. Led by Secretary of Labor – presidential cabinet member o National Mediation Board NMB – handles union representation issues under railway labor act, provides mediation services, resolving disputes over contract interpretation o National Railroad Adjustment Board NRAB – attempts to resolve railroad labor disputes out of grievance and interpretation or application of labor agreements Early Legal interpretations Involving Labor Management Relationships (1806-1931) - Legal system primarily was focused on protecting employer property rights to advance economic growth with little importance placed protecting rights of employees Criminal Conspiracy Doctrine - 1806 – first major labor law case known as cordwainers case – 2 men fined for illegally banding together and refusing to work until they got higher wages. -
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This note was uploaded on 06/29/2011 for the course MGT 3000 taught by Professor Murrmann during the Spring '11 term at Virginia Tech.

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Labor Relations Chapter 3 - Chapter 3: Legal Influences...

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