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The Legal and Regulatory Environment of Business

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Unformatted text preview: Chapter 21 - Labor-Management Relationship CHAPTER 21 LABOR-MANAGEMENT RELATIONSHIP I. LEARNING OBJECTIVES The focus shifts to examine the right of workers to unionize and to the law of labor- management relations. In this chapter, students will examine, from a chronological perspective, Congress's various attempts to protect employees and to equalize the bargaining power of management and labor to enable collective bargaining. The National Labor Relations Board is the prime regulatory force in this area, and the chapter should familiarize the students with both its strengths and weaknesses. This chapter will examine conduct that constitutes unfair labor practices by both employers and labor unions. Students should recognize that it is easy for either labor or management to commit an unfair labor practice. They should also be aware of the sanctions that are imposed for unfair labor practices. II. REFERENCES Brody, D., Labor Embattled: History, Power, Rights . University of Illinois Press (2005). Dannin, E., Taking Back the Workers’ Law: How to Fight the Assault on Labor Rights . ILR Press (2006). Freeman, R., J. Hersch, and L. Mishel, Emerging Labor Market Institutions for the Twenty-First Century . University of Chicago Press (2005). Gorman, R. and M. Finkin, Gorman and Finkin’s Hornbook on Labor Law – Unionization and Collective Bargaining , 2 nd edition. West Publishing (2004). Law, G.T., A Guide to Sources of Information on the National Labor Relations Board . Routledge (2002). Lambert, J., “If the Workers Took a Notion”: The Right to Strike and American Political Development . ILR Press (2005). Leslie, D.L., Labor Law in a Nutshell , 4th ed. West Group (2000). Website: http://www.nlrb.gov 21-1 Chapter 21 - Labor-Management Relationship III. TEACHING OUTLINE LABOR LAWS A. Emphasize : (1) The fact that although management and labor are mutually dependent, they are in an inherent conflict. Note that disputes between these two involve the public as an innocent third party. Thus, the decision-making process is tripartite - involving management, labor, and the government on behalf of the public. (2) The government's attempt to equalize bargaining power on a societal level but its refusal to influence the results of an individual dispute. For example, good-faith bargaining does not need to lead to any particular terms; it does not even have to lead to an agreement. (3) The historical data showing the workforce that is unionized. See Table 21.1 for statistics. (4) Sidebar 21.1 – "Statistics on Union Membership." (5) Table 21.2 – Federal Laws Governing Labor-Management Relations. 1. Laws Before 1935 • Clayton Act A. Emphasize : (1) That the antitrust laws do not apply to labor unions that are carrying out legitimate labor activities such as striking and picketing....
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Chap021 - Chapter 21 Labor-Management Relationship CHAPTER...

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