Must attest hiring will not adversely affect other

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Must attest hiring will not adversely affect other workers similarly employed iii. Employer required to inform US workers of intent to hire foreign worker iv. US Department of Labor reviews applications and may reject for omissions or inaccuracies e. H-2 and O and L and E visas i. H-2 visas: provide for workers performing agricultural labor of a seasonal nature ii. O visas: provide entry for persons who have extraordinary ability in the sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim iii. L visas: allow a company’s foreign managers or executives to work in the United States iv. E visas: permit the entry of foreign investors or entrepreneurs Labor Unions 1. Federal labor laws a. Norris-LaGuardia Act: protected peaceful strikes, picketing, and boycotts i. Restricted the power of federal courts to issue injunctions against unions engaged in peaceful strikes ii. Declared a national policy permitting employees to organize b. National Labor Relations Act (NLRA): established the rights of employees to engage in collective bargaining to strike i. Defined employer practices as unfair to labor: 1. Interference with the efforts of employees to form, join, or assist labor organizations or to engage in concerted activities for their mutual aid or protection 2. Employer domination of a labor organization or contribution of financial or other support to it 3. Discrimination in the hiring of or the awarding of tenure to employees for reason of union affiliation 4. Discrimination against employees for filing charges under the act or giving testimony under the act 5. Refusal to bargain collectively with employees ii. National Labor Relations Board: authority to investigate employee charges of unfair labor practices and to file complaints against employers in response to those charges
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1. Violations of act are found issue cease-and-desist order to compel employer to stop engaging in unfair practices 2. Disputes over unfair labor practices first decided by NLRB and may be appealed to federal court iii. Workers protected by the NLRA 1. Individual must be an employee or a job applicant 2. Individuals who are hired by a union to organize a company are to be considered employees of the company c. Labor-Management Relations Act (LMRA): passed to proscribe certain unfair union practices i. Closed shop: firm that requires union membership as condition of employment 1. Illegal under the act ii. Union shop: firm that does not require union membership as a prerequisite for employment but can require that workers join the union after a specified amount of time on the job 1. Legality preserved under the act iii. Prohibits unions from refusing to bargain with employers, engaging in certain types of picketing, and featherbedding 1. Featherbedding: causing employers to hire more employees than necessary iv. Allowed states to pass their own right-to-work laws 1. Right-to-work laws: laws making it illegal for union membership to be
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  • Spring '13
  • HeidiNoonan-Day
  • Trade union, employer

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