HRM 4570 ILR Homework 1
Rain Ashbell
5HRM4570ILRCh4.1LaborLawOnlineLecture2019-20audio.pptxChapter 4.1
Labor Law
Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved.
McGraw-Hill/Irwin
Hi Class, Welcome to Industrial and Labor Relations. Today we are going to discuss Chapter 4 Labor Law
It is impossible to understand contemporary U.S. labor relations without a careful examination of labor law. U.S. labor law grants rights to workers, unions, and companies. It also gives them responsibilities and makes certain behaviors illegal. The major labor relations processes are therefore critically shaped by the specific provisions of labor law. A foundation for understanding these processes is studying labor law
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Understand how a legal system can either promote or repress unionization
List the major provisions of U.S. labor laws and their underlying logic and rationale
Understand the role of the National Labor Relations Board and similar state agencies in U.S. labor relations
Learning Objectives
There are five Learning Objectives for chapter 4
1st. Understand how a legal system can either promote or repress unionization.
2nd. List the major provisions of U.S. labor laws and their underlying logic and rationale, especially with respect to the Wagner Act, Taft–Hartley Act, and Landrum–Griffin Act.
3rd. Understand the role of the National Labor Relations Board and similar state agencies in U.S. labor relations.
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Compare the similarities and differences between U.S. private and public sector law
Discuss the criticisms of U.S. labor law and possible directions for reform
Learning Objectives
4th. Compare the similarities and differences between U.S. private and public sector law.
5th. Discuss the criticisms of U.S. labor law and possible directions for reform.
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Striking a balance between property rights and labor rights
Legal rules and court decisions try to balance property rights and labor rights
Before the New Deal in the 1930s, legal doctrine favored property rights and individual liberty
Private property and individual liberty often won out over the interests or rights of labor
Introduction
Labor relations are always critically shaped by the legal system, whether or not there are explicit labor laws. The major processes in today’s U.S. labor relations system—organizing new unions, bargaining contracts, and resolving disputes and grievances—are not entirely legal in nature, but labor law has defined important aspects of these processes. Understanding the objectives of labor law and their intellectual foundations makes the operation of specific legal provisions more readily comprehensible. The New Deal industrial relations system seeks to balance efficiency, equity, and voice in the U.S. employment relationship and is rooted in the industrial relations school of thought.
To balance efficiency, equity, and voice, many legal rules and court decisions try to balance property rights and labor rights.
Before the New Deal in the 1930s, legal doctrine favored property rights and individual liberty
Private property and individual liberty often won out over the interests or rights of labor
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Common law is a body of law based on customs, traditions of acceptable behavior, and judicial precedent
Conspiracy
Breach of contract
Property rights
The employment-at-will doctrine
Common law and statutory law
The evolution in the legal doctrine pertaining to unions and union activity represents a shift from common law to statutory law, and within statutory law a shift from business law to labor law. Common law is a body of law based on customs, traditions of acceptable behavior, and judicial precedent—often stemming back to English legal principles from several centuries ago. The important areas of common law include the following:
1. Conspiracy
2. Breach of contract
3. Property rights
4. The employment-at-will doctrine
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Statutory law consists of laws enacted by legislatures, not judges and comprises of the following three categories
Business law—laws applying to businesses, such as antitrust laws.
Labor law—laws written explicitly for unions and union activity.
Employment law—laws pertaining to the individual rather than the collective employment relationship.
Common law and statutory law
In contrast, statutory law consists of laws enacted by legislatures, not judges and comprises of the following three categories:
1. Business law—laws applying to businesses, such as antitrust laws.
2. Labor law—laws written explicitly for unions and union activity.
3. Employment law—laws pertaining to the individual rather than the collective employment relationship.
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Labor law and employment law
Labor law focuses on workers’ collective actions
Employment law pertains to individual employment rights
The U.S. employment relationship is governed by the employment-at-will doctrine
Under this, employees can be hired under any conditions and fired at any time for any reason
Labor law and employment law
It’s important to know the differences between Labor law and employment law
Labor law focuses on workers’ collective actions
Employment law pertains to individual employment rights
The U.S. employment relationship is governed by the employment-at-will doctrine
Under this, employees can be hired under any conditions and fired at any time for any reason
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This act builds upon previous legislative attempts to promote and protect workers’ abilities to unionize in the private sector if they so choose
The Wagner Act encourages collective bargaining in the private sector by protecting workers’ rights to join and form labor unions.
Solving Labor Problems: The Wagner Act (National Labor Relations Act)
The Wagner Act, or the National Labor Relations Act (NLRA), was signed into law by President Roosevelt on July 5, 1935; it builds upon previous legislative attempts to promote and protect workers’ abilities to unionize in the private sector if they so choose.
The Wagner Act encourages collective bargaining in the private sector by protecting workers’ rights to join and form labor unions.
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The Principles of the Wagner Act
Labor is more than a commodity
Labor and management are not economic or legal equals
There is at least some conflict of interest between workers and employers that cannot be resolved by unitarist management policies
The pluralist employment relationship conflict, not class-based or societal conflict
Employee voice is important
Solving Labor Problems: The Wagner Act (National Labor Relations Act)
What are The Principles of the Wagner Act?
The objectives are rooted in the industrial relations principal beliefs:
Labor is more than a commodity.
Labor and management are not economic or legal equals (in other words, there is an imbalance of bargaining power).
There is at least some conflict of interest between workers and employers that cannot be resolved by unitarist management policies, but this is pluralist employment relationship conflict, not class-based or societal conflict.
Employee voice is important.
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The Wagner Act (National Labor Relations Act)
Please click on the video and watch a brief introduction of the Wagner Act
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The act is viewed as:
Harmful protection of monopoly labor
Unnecessary support of adversarial third parties
Imperfect attempt to empower labor
Solving Labor Problems: The Wagner Act (National Labor Relations Act)
The act is viewed as:
Harmful protection of monopoly labor
Unnecessary support of adversarial third parties
Imperfect attempt to empower labor
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National Labor Relations Board v. Jones & Laughlin Steel Corp. (1937)
With the National Labor Relations Act (NLRA) of 1935, Congress determined that labor-management disputes were directly related to the flow of interstate commerce and, thus, could be regulated by the national government. The National Labor Relations Board (NLRB) charged Jones & Laughlin Steel Co. the country’s fourth largest steel producer, with discriminating against employees who were union members.
United States Supreme Court that declared that the National Labor Relations Act of 1935 (commonly known as the Wagner Act) was constitutional.
Please click on the video and watch the legal case.
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Protecting union activity to balance efficiency, equity, and voice
Efficiency - Increasing the purchasing power of workers, reducing disruptive strike activity, and largely maintaining employer’s property rights
Equity - Achieving fair employment conditions and protections against exploitation
Voice - Providing democracy in the workplace
Solving Labor Problems: The Wagner Act (National Labor Relations Act)
The Wagner Act Protects union activity to balance efficiency, equity, and voice
Efficiency – The Wagner Act Increases the purchasing power of workers, reducing disruptive strike activity, and largely maintaining employer’s property rights
Equity - The Wagner Act Achieves fair employment conditions and protections against exploitation
Voice - The Wagner Act provides democracy in the workplace
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The core of the Wagner Act (Section 7)
Employees shall have the right to self-organization/form unions
They may bargain collectively through representatives of their own choosing
They may engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection
Solving Labor Problems: The Wagner Act (National Labor Relations Act)
The core of the Wagner Act, Section 7, echoes the NIRA’s Section 7(a):
Employees shall have the right to self-organization/form unions
They may bargain collectively through representatives of their own choosing
They may engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection
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Take the Section 7 Quiz
Section 7 of the National Labor Relations Act (the Wagner Act) guarantees employees "the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection," as well as the right "to refrain from any or all such activities."
Please work on the Chapter 4 Labor Law Labor Relations Application Take the Section 7 Quiz Indicate whether each scenario is protected activity under Section 7
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Employees should be able to obtain fair wages and working conditions, and have input into their determination.
Labor Rights vs. Property Rights
Employers only have to negotiate, not be forced to accept specific conditions against their will.
It is important to balance employees’ labor rights and employers’ rights
Employees should be able to obtain fair wages and working conditions, and have input into their determination.
Employers only have to negotiate, not be forced to accept specific conditions against their will.
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1.Trying to form a union to negotiate wages and working conditions.
Protected
Once you finish answering the 12 questions. Let’s discuss the answer
1.Trying to form a union to negotiate wages and working conditions.
This is a protected activity.
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Verizon strike brings more picketing
Here is an example of peaceful picketing. Please click on the video and watch the Verizon workers’ picketing
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2. Going on strike and peacefully picketing for improved benefits.
Protected
2. Going on strike and peacefully picketing for improved benefits.
This is a protected activity.
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Employees should be able to pursue decent benefits, and have input into their determination.
Labor Rights vs. Property Rights
Strikes should not damage private property so peacefully picketing is allowed.
Employees should be able to pursue decent benefits, and have input into their determination.
Strikes should not damage private property so peacefully picketing is allowed.
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3. Destroying company property while striking for improved benefits.
Unprotected
3. Destroying company property while striking for improved benefits.
This is an Unprotected activity
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Illegal behavior such as destroying company property, vandalism, or violence
Destroying company property violates property rights and is not acceptable.
Labor Rights vs. Property Rights
Illegal behavior such as destroying company property, vandalism, or violence are unprotected
Destroying company property violates property rights and is not acceptable.
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4. Discussing wages with coworkers.
Protected
4. Discussing wages with coworkers.
This is a protected activity.
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Discussing wages does not endanger property rights, and therefore should be allowed.
No. Section 7 of the National Labor Relations Act (NLRA) provides employees the right to make efforts to organize and discuss the terms of their employment, which can include salary and benefits information.
Section 8 of the NLRA further reinforces employees’ rights by making it an unfair labor practice to violate Section 7 rights, thereby making an employer policy that prohibits salary discussions unlawful.
Labor Rights vs. Property Rights
Discussing wages does not endanger property rights, and therefore should be allowed.
No. Section 7 of the National Labor Relations Act (NLRA) provides employees the right to make efforts to organize and discuss the terms of their employment, which can include salary and benefits information.
Section 8 of the NLRA further reinforces employees’ rights by making it an unfair labor practice to violate Section 7 rights, thereby making an employer policy that prohibits salary discussions unlawful.
The NLRA’s provisions apply to nearly all employers, with the exception of public-sector employees (employees of state, federal and local governments and their sub-divisions), agricultural and domestic workers, independent contractors, workers employed by a parent or spouse, employees of air and rail carriers covered by the Railway Labor Act, and supervisors (although supervisors that have been discriminated against for refusing to violate the NLRA may be covered).
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5. Individually meeting with your supervisor to request improved lighting for you and two coworkers.
Protected
5. Individually meeting with your supervisor to request improved lighting for you and two coworkers.
This is a protected activity.
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Discussing working conditions does not endanger property rights, and therefore should be allowed.
Labor Rights vs. Property Rights
Discussing working conditions does not endanger property rights, and therefore should be allowed.
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6.Circulating a flyer among coworkers to build support for a plan for employees to buy the company.
Unprotected
Ownership issues are beyond the scope
6.Circulating a flyer among coworkers to build support for a plan for employees to buy the company.
This is an unprotected activity because Ownership issues are beyond the scope of the Wagner Act
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Subject matter is out of bounds for labor rights (employee ownership) and is therefore unprotected.
Labor Rights vs. Property Rights
Subject matter is out of bounds for labor rights (employee ownership) as specified in the Wagner Act and is therefore unprotected.
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7. In a nonunion workplace, joining with several coworkers and refusing to work until the company provides a paid lunch break.
Protected strike
7. In a nonunion workplace, joining with several coworkers and refusing to work until the company provides a paid lunch break.
The strike is a Protected activity
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Employees should be able to obtain fair wages and working conditions, and have input into their determination.
Labor Rights vs. Property Rights
Employers only have to negotiate, not be forced to accept specific conditions against their will. In this scenario, they can hire replacement workers.
Employees should be able to obtain fair wages and working conditions, and have input into their determination.
Employers only have to negotiate, not be forced to accept specific conditions against their will. In this scenario, they can hire replacement workers.
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8. Insisting that a coworker be present when you think you will be disciplined.
Unprotected
Neither union nor nonunion workers have the right to insist on a coworker’s presence.
8. Insisting that a coworker be present when you think you will be disciplined.
This is an unprotected activity because Neither union nor nonunion workers have the right to insist on a coworker’s presence.
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Insisting on a co-worker being present is seen as intruding upon employer’s right to discipline employees without serving as a meaningful source of mutual aid or protection, and is therefore unprotected.
Labor Rights vs. Property Rights
Insisting on a co-worker being present is seen as intruding upon employer’s right to discipline employees without serving as a meaningful source of mutual aid or protection, and is therefore unprotected.
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9. Sending an e-mail message to coworkers pointing out the disadvantages of your employer’s new vacation plan.
Unprotected
9. Sending an e-mail message to coworkers pointing out the disadvantages of your employer’s new vacation plan.
This is a unprotected activity.
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Labor Rights vs. Property Rights
The content of this message would be considered mutual aid and thus protected.
But the sending of this email is likely NOT protected if the sender uses the company’s email system because workers do not have a statutory right to use an employer’s equipment for Section 7 activity.
The content of this message would be considered mutual aid and thus protected.
But the sending of this email is likely NOT protected if the sender uses the company’s email system because workers do not have a statutory right to use an employer’s equipment for Section 7 activity.
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10. Form a home computer after work, posting commenting on Facebook about a coworker’s job performance and asking other coworkers to add their comments.
Protected strike
10. Form a home computer after work, posting commenting on Facebook about a coworker’s job performance and asking other coworkers to add their comments.
This is a protected activity.
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Social media activity during nonwork hours during personal equipment is generally protected if
it pertains to terms and conditions of employment,
is concerted,
and is not defamatory or otherwise destructive.
Labor Rights vs. Property Rights
Social media activity during nonwork hours during personal equipment is generally protected if
it pertains to terms and conditions of employment,
is concerted,
and is not defamatory or otherwise destructive.
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11. Distributing obscene or malicious cartoons to protest a supervisor’s actions.
Unprotected
11. Distributing obscene or malicious cartoons to protest a supervisor’s actions.
This is an unprotected activity.
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11. Distributing obscene or malicious cartoons to protest a supervisor’s actions.
Unprotected
Actions that are malicious, defamatory, or insubordinate lose protection.
Spontaneous outbursts of profanity can be protected if they result from the heat of the moment and frustration over working conditions.
This is unprotected because
Actions that are malicious, defamatory, or insubordinate lose protection.
Spontaneous outbursts of profanity can be protected if they result from the heat of the moment and frustration over working conditions.
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12. Refusing to work under conditions that you and others reasonably believe pose a high risk of death or serious injury.
Protected
12. Refusing to work under conditions that you and others reasonably believe pose a high risk of death or serious injury.
This is a protected activity.
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12. Refusing to work under conditions that you and others reasonably believe pose a high risk of death or serious injury.
Protected
but if the workers do not have a genuine belief that the situation is dangerous, then a refusal to work is insubordination, which is not protected by the act.
but if the workers do not have a genuine belief that the situation is dangerous, then a refusal to work is insubordination, which is not protected by the act.
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Protected: 1, 2, 4, 5, 7, 10, 12
Unprotected: 3, 6, 8, 9 ,11
Take the Section 7 Quiz
In summary, scenarios 1, 2, 4, 5, 7, 10, 12 are protected activities under the Section 7 of the Wagner Act
Scenarios 3, 6, 8, 9 ,11 are unprotected activites.
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We have come to the end of our lecture today. If you have any questions, please feel free to email me.
See you next class!
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