HRM 4570 ILR Homework 1
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6HRM4570ILRCh4.2LaborLawOnlineLecture2019-20audio.pptxChapter 4.2
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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The act builds from earlier legislative failures and shortcomings in three ways
Specifying a certification procedure for establishing whether a majority of workers want union representation
Defining illegal employer actions
Creating an independent agency, the National Labor Relations Board (NLRB), to enforce the act
Solving Labor Problems: The Wagner Act
The Wagner act builds from earlier legislative failures and shortcomings in three important ways:
Granting a certified, majority-status union the right to be the exclusive representative of the relevant employees, and specifying a certification procedure for establishing whether a majority of workers want union representation.
Defining illegal employer actions that undermine Section 7.
Creating an independent agency, the National Labor Relations Board (NLRB), to enforce the act.
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Exclusive representation and certifying majority status
Wagner Act explicitly establishes exclusive representation when a union has the support of a majority of a group of employees
It is unique to North America and stems from Senator Wagner’s experience under the NIRA
Without exclusivity, companies established multiple company unions
Allows secret ballot elections to determine whether a majority of workers support a specific union
Solving Labor Problems: The Wagner Act
Exclusive Representation and Certifying Majority Status
The Wagner Act explicitly establishes exclusive representation when a union has the support of a majority of a group of employees; with majority support a union is the only representative of that group of workers—there cannot be another union or a company union representing some employees in the group.
Exclusive representation is unique to North America and stems from Senator Wagner’s experience under the NIRA, which did not mandate exclusive representation.
Without exclusivity, companies established company unions even when a majority of employees wanted an independent union, and then manipulated the company unions to weaken the independent unions.
Establishing the principle of exclusive representation with majority support begs the question of how to determine majority support, and therefore union recognition, in practice.
4. If a union is certified as the exclusive representative of a group of workers after a secret ballot election, the employer must bargain with that union over wages, hours, and other terms and conditions of employment.
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San Bernardino Public Employees Association (SBPEA) Scandal
SBPEA’s general manager, Bob Blough
Embezzlement investigation
Approximately $700,000
San Bernardino Public Employees Vote To Become Teamsters in 2015. Here is an example of exclusive representation. when a union has the support of a majority of a group of employees; with majority support a union is the only representative of that group of workers—there cannot be another union or a company union representing some employees in the group.
San Bernardino County’s largest labor union filed a lawsuit Friday in San Bernardino Superior Court against its former general manager, alleging he embezzled or misappropriated more than $700,000 before he was fired in 2013.
The SBPEA represents 11,000 of the county’s 23,000 employees. It is a nonprofit labor union and not a county agency or department.
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San Bernardino Public Employees Vote To Become Teamsters, 2015
San Bernardino County public employees have voted to affiliate with the Teamsters Union. The more than 13,500 workers in San Bernardino provide vital services to the public, working at hospitals, in public works and public health services departments, police departments and in dozens of other public positions
The workers have voted over the past several weeks and ballots were counted today.
About 61 percent voted in favor of Teamster representation.
The workers had been solely represented by the San Bernardino Public Employees Association (SBPEA), but now they have the added benefits of Teamster representation.
San Bernardino County public employees have voted to affiliate with the Teamsters Union. The more than 13,500 workers in San Bernardino provide vital services to the public, working at hospitals, in public works and public health services departments, police departments and in dozens of other public positions
The workers have voted over the past several weeks and ballots were counted today.
About 61 percent voted in favor of Teamster representation.
The workers had been solely represented by the San Bernardino Public Employees Association (SBPEA), but now they have the added benefits of Teamster representation
https://teamster.org/news/2015/04/san-bernardino-public-employees-vote-become-teamsters
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Unfair labor practices: Illegal employer actions
Section 8(a)(1) prohibits employers from interfering, restraining, or coercing employees
This is the only unfair labor practice that is technically necessary to enforce the Wagner Act
It is an unfair labor practice for an employer to refuse to bargain with a certified majority union
Solving Labor Problems: The Wagner Act
Unfair Labor Practices are Illegal employer actions
To make the organizing and bargaining processes effective, the second major element of the Wagner Act specifies illegal employer actions, which are called unfair labor practices.
Section 8(a)(1) prohibits employers from interfering, restraining, or coercing employees
This is the only unfair labor practice that is technically necessary to enforce the Wagner Act
It is an unfair labor practice for an employer to refuse to bargain with a certified majority union
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Surveillance of union activities beyond what’s necessary for security of company property.
Threatening employees with job loss or demotion or physical harm if they support a union.
Interrogating employees about their union sympathies.
Unfair labor practices
Let’s discuss some examples of unfair labor practices. Please read all unfair labor practices in your lecture notes for chapter 4.
Surveillance of union activities beyond what’s necessary for security of company property.
Threatening employees with job loss or demotion or physical harm if they support a union.
Interrogating employees about their union sympathies.
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Preventing employees from talking about a union or wearing union buttons when it doesn’t interfere with their work duties or customers.
Unfair labor practices
Preventing employees from talking about a union or wearing union buttons when it doesn’t interfere with their work duties or customers is also an unfair labor practice.
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Firing a union supporter or someone trying to form a union
Transferring a union supporter to a less desirable job or promoting a union opponent to a better job
Refusing to hire someone because of past union sympathies or membership
Unfair labor practices
Unfair labor practices also includes:
Firing a union supporter or someone trying to form a union
Transferring a union supporter to a less desirable job or promoting a union opponent to a better job
Refusing to hire someone because of past union sympathies or membership
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Firing a worker who files an unfair labor practices charge
Refusing to meet with a certified union
Failing to bargain in good faith – that is without a sincere attempt to reach agreement.
Never making counterproposals.
Changing wages, benefits, or other terms of employment without negotiating first.
Unfair labor practices
Unfair labor practices also includes the following:
Firing a worker who files an unfair labor practices charge
Refusing to meet with a certified union
Failing to bargain in good faith – that is without a sincere attempt to reach agreement.
Never making counterproposals.
Changing wages, benefits, or other terms of employment without negotiating first.
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Dealing directly with individual employees to circumvent the union.
Refusing to provide relevant information.
Refusing to bargain with certified union as the exclusive representative of all bargaining unit employees.
Unfair labor practices
Dealing directly with individual employees to circumvent the union.
Refusing to provide relevant information.
Refusing to bargain with certified union as the exclusive representative of all bargaining unit employees.
These are also examples of unfair labor practices.
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The National Labor Relations Board
The Wagner Act creates the National Labor Relations Board
Independent federal agency
Conducting representation elections and adjudicating unfair labor practices
It comprises of a general counsel’s office and a five-member board of presidential appointees
Solving Labor Problems: The Wagner Act
The final component of the Wagner Act creates the National Labor Relations Board (NLRB)—an independent federal agency devoted to conducting representation elections and adjudicating unfair labor practices.
The Wagner Act creates the National Labor Relations Board
Independent federal agency
Conducting representation elections and adjudicating unfair labor practices
It comprises of a general counsel’s office and a five-member board of presidential appointees
The two parts of the NLRB are as follows:
A general counsel’s office that conducts representation elections and investigates and prosecutes unfair labor practices.
A five-member board of presidential appointees (also called the National Labor Relations Board or the board for short) that hears and decides cases
If a group of workers or a union wants an employer to recognize and bargain with a union, they generally approach a regional office of the NLRB’s general counsel’s office to manage the process and determine—usually through a secret ballot vote—whether the union has majority support.
The NLRB can seek enforcement of its rulings in federal court.
Although the NLRB is criticized by some as weak—for example, punitive damages or fines are not allowed—this is a significantly stronger enforcement mechanism than appeared in previous labor laws.
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If an individual believes an unfair labor practice has occurred, they can file charges with an NLRB regional office
If the regional office finds merit in the charge, a hearing will be held before an administrative law judge
Violators can be ordered to cease and desist from their illegal activities
Solving Labor Problems: The Wagner Act
If an individual believes an unfair labor practice has occurred, they can file charges with an NLRB regional office
If the regional office finds merit in the charge, a hearing will be held before an administrative law judge
Violators can be ordered to cease and desist from their illegal activities
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Union membership nearly quadrupled from 4 million to more than 15 million
The Wagner Act in 1935 sought to move the pendulum to the middle of the power spectrum by restraining employers’ abilities to repress unionization; however, by 1946 many believed that the Wagner Act had overcorrected the earlier problems.
Proposals for reform sought to fix the perceived excesses of the Wagner Act to move the pendulum to the middle of the spectrum.
The proposal that was ultimately enacted in 1947 was the Taft–Hartley Act,
In the decade after the Wagner Act
In the decade after the Wagner Act
Union membership nearly quadrupled from 4 million to more than 15 million, and many felt that unions were too strong, lacked a sense of public responsibility, were controlled by communists or corrupt union bosses, and should be bound by the same responsibilities and restrictions that employers faced under the Wagner Act.
A popular framework for thinking about labor law is to consider a pendulum that can range from strong bargaining power for labor on one side to strong bargaining power for companies on the other side; if the pendulum is too far to one side, either labor or management will have too much power, which will be bad for society as a whole.
For much of the 19th and 20th century, the absence of specific laws pertaining to collective bargaining left labor relations subject to common-law and business-law rulings shaped by classical economic beliefs about the importance of free markets.
The Wagner Act in 1935 sought to move the pendulum to the middle of the power spectrum by restraining employers’ abilities to repress unionization; however, by 1946 many believed that the Wagner Act had overcorrected the earlier problems.
Proposals for reform sought to fix the perceived excesses of the Wagner Act to move the pendulum to the middle of the spectrum.
The proposal that was ultimately enacted in 1947 was the Taft–Hartley Act, also known as the Labor Management Relations Act, which significantly amended the Wagner Act.
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The Principles of the Taft–Hartley Act
The Taft–Hartley Act was also known as the Labor Management Relations Act
While the Wagner Act emphasizes the need to promote collective bargaining, the Taft-Hartley Act declares in contrast
Amends and adds to the Wagner Act
Restrictions on union actions
Enhanced rights of individuals and employers
New dispute resolution procedures
The Taft–Hartley Act
the Taft–Hartley Act, also known as the Labor Management Relations Act, which significantly amended the Wagner Act.
Both the Wagner Act and the Taft–Hartley Act are still the basis of U.S. labor law and together are often referred to as the National Labor Relations Act (NLRA).
While the Wagner Act emphasizes the need to promote collective bargaining, the Taft-Hartley Act declares in contrast
The Taft–Hartley Act Amends and adds to the Wagner Act
Restrictions on union actions
Enhanced rights of individuals and employers
New dispute resolution procedures
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The objectives of the Taft-Hartley Act are as follows:
To prescribe the legitimate rights of both employees and employers
To provide orderly and peaceful procedures for preventing the interference by either with the legitimate rights of the other
To protect the rights of individual employees in their relations with labor organizations
To protect the rights of the public in connection with labor disputes affecting commerce
The Taft–Hartley Act
The objectives of the Taft-Hartley Act are as follows:
To prescribe the legitimate rights of both employees and employers
To provide orderly and peaceful procedures for preventing the interference by either with the legitimate rights of the other
To protect the rights of individual employees in their relations with labor organizations
To protect the rights of the public in connection with labor disputes affecting commerce
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Taft–Hartley restrictions on unions
Six union unfair labor practices of which the first three parallel the employer unfair labor practices
To restrain or coerce employees in the exercise of the rights
To cause or attempt to cause an employer to discriminate against employees except for failing to pay any required union dues
To refuse to bargain collectively with the employer
The Taft–Hartley Act
Union actions are restricted in the Taft–Hartley Act primarily by the addition of six union unfair labor practices (a seventh was added in 1959 to restrict picketing for union recognition).
The Wagner Act’s employer unfair labor practices remain and appear in Section 8(a); Section 8(b) was created for the union unfair labor practices.
The first three practices parallel the employer unfair labor practices, which include the following:
To restrain or coerce employees in the exercise of the rights guaranteed in Section 7 [8(b)(1)]
To cause or attempt to cause an employer to discriminate against employees except for failing to pay any required union dues [8(b)(2)]
To refuse to bargain collectively with the employer [8(b)(3)]
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Unfair labor practice prohibits unions from engaging in secondary boycotts and other forms of strikes and picketing that involve “innocent” employers
Secondary boycott is a company that does not directly employ the workers who are involved in the dispute
The Taft–Hartley Act
Of the remaining three unfair labor practices, only 8(b)(4) is significant; this unfair labor practice prohibits unions from engaging in secondary boycotts and other forms of strikes and picketing that involve “innocent” employers;
the term secondary boycott comes from the fact that a secondary rather than a primary employer is targeted—that is, a company that does not directly employ the workers who are involved in the dispute.
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Union actions are also restricted by a change that outlaws closed shop agreements
Closed shop agreement: Provision negotiated into a collective bargaining agreement that requires the employer to hire only union members
Union shop agreement: Workers must join the union within a certain amount of time
Agency shop agreement: Rather than joining the union, workers must pay dues
The Taft–Hartley Act
Union actions are also restricted by a change that outlaws closed shop agreements—provisions negotiated into a collective bargaining agreement that requires the employer to hire only union members.
Employers viewed this as especially pernicious because the employers cannot hire whomever they choose; rather, they must hire union members.
In 1947 the Taft-Hartley Labor Act declared the closed shop illegal
Thereafter, a campaign was begun by business leaders in certain industries to have so-called right-to-work laws enacted at the state level. More than one third of the states passed such laws, the effect being to declare the union shop illegal.
In contrast, a union shop allows anyone to be hired; but to remain employed workers must join the union within a certain amount of time (such as 30–90 days).
An agency shop is similar to a union shop; but rather than joining the union, workers must pay dues.
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What is 'Right-to-Work'?
Please click on the video and watch what is right to work?
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What is 'Right-to-Work'?
A "right-to-work" state is a state which has enacted legislation that guarantees that no individual can be forced as a condition of employment to join or pay dues or fees to a labor union.
States have the right to enact these laws under Section 14(b) of the National Labor Relations Act (NLRA).
A "right-to-work" state is a state which has enacted legislation that guarantees that no individual can be forced as a condition of employment to join or pay dues or fees to a labor union.
States have the right to enact these laws under Section 14(b) of the National Labor Relations Act (NLRA).
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“A “Right-to-Work” state that forbids workers from being fired for non-payment of union dues or fees.”
“A “Non-Right-to-Work” (or forced unionism) state, which allows unions to negotiate contracts with companies that require union dues and/or fees to be paid. If a worker refuses to pay union dues or fees (often referred to as agency fees), or falls behind, the union can demand that the worker be fired from the company. The company, by contract, must comply and fire the worker.”
What is 'Right-to-Work'?
Right-to-Work Laws vs. Forced Unionization
“A “Right-to-Work” state that forbids workers from being fired for non-payment of union dues or fees.”
“A “Non-Right-to-Work” (or forced unionism) state, which allows unions to negotiate contracts with companies that require union dues and/or fees to be paid. If a worker refuses to pay union dues or fees (often referred to as agency fees), or falls behind, the union can demand that the worker be fired from the company. The company, by contract, must comply and fire the worker.”
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Trump for Right to Work
Please click on the video and watch Trump’s position on right to work.
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https://local341.com/become-a-member
This figures shows the wages and fringe benefits of right to work vs non right to work states
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So-called Right-to-Work doesn’t create jobs. It turns good union jobs into bad jobs.
Workers in so-called right-to-work states make about $5,300 less per year.
In so-called right-to-work states, fewer are free to join a union, slashing retirement contributions and crippling pensions.
You might call it “right-to-work to death” – the workplace death rate is 36 percent higher in so-called right-to-work states.
Know the facts – What is Right-to-Work?
Know the facts – What is Right-to-Work?
So-called Right-to-Work doesn’t create jobs. It turns good union jobs into bad jobs.
Workers in so-called right-to-work states make about $5,300 less per year.
In so-called right-to-work states, fewer are free to join a union, slashing retirement contributions and crippling pensions.
You might call it “right-to-work to death” – the workplace death rate is 36 percent higher in so-called right-to-work states.
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New Dispute Resolution Procedures
The Taft–Hartley Act addressed various dispute resolution mechanisms.
The Taft–Hartley Act restructured the NLRB to separate the investigation/prosecution and judicial aspects of the agency
To facilitate resolution of bargaining disputes, the act created the Federal Mediation and Conciliation Service (FMCS) to provide voluntary mediation to labor and management negotiators.
The Taft–Hartley Act
The Taft–Hartley Act introduced several important New dispute resolution procedures
1. The Taft–Hartley Act addressed various dispute resolution mechanisms.
2. The Taft–Hartley Act restructured the NLRB to separate the investigation/prosecution and judicial aspects of the agency (unlike all other federal agencies) and also prevented it from undertaking economic analyses—changes that significantly weakened the agency and forced it to become singularly legal rather than pragmatic.
3. To facilitate resolution of bargaining disputes, the act created the Federal Mediation and Conciliation Service (FMCS) to provide voluntary mediation to labor and management negotiators.
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New Dispute Resolution Procedures
The U.S. president was authorized by the act to petition the courts to stop strikes that “imperil the national health or safety.
If unions were too powerful, the various amendments to the Wagner Act that were implemented by the Taft–Hartley Act in 1947 can be viewed as restoring a needed balance among individuals, unions, and employers.
Organized labor saw the Taft–Hartley Act as an opportunistic effort by business and conservative politicians to roll back labor’s protections
The Taft–Hartley Act
4. The U.S. president was authorized by the act to petition the courts to stop strikes that “imperil the national health or safety.
5. If unions were too powerful, the various amendments to the Wagner Act that were implemented by the Taft–Hartley Act in 1947 can be viewed as restoring a needed balance among individuals, unions, and employers.
6. Organized labor saw the Taft–Hartley Act as an opportunistic effort by business and conservative politicians to roll back labor’s protections and therefore labeled it the “Slave Labor Act.”
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The Landrum–Griffin Act, 1959
(Labor-Management Reporting and Disclosing Act)
Focus on unethical and illegal behaviors of unions.
Ensure democratic standards for unions and increase transparency of union financial activities
The Landrum–Griffin Act
The Landrum–Griffin Act, 1959
Is also known as the Labor-Management Reporting and Disclosing Act
The Landrum–Griffin Act focuses on unethical and illegal behaviors of unions.
It ensures democratic standards for unions and increase transparency of union financial activities
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The Landrum–Griffin Act tries to prevent union corruption and labor racketeering in the following three additional ways:
Unions are required to disclose financial records by filing reports with the U.S. Department of Labor
The use of union trusteeships restricted.
The act establishes the fiduciary responsibility of union leaders.
The Landrum–Griffin Act
To achieve union democracy, the Landrum–Griffin Act creates a bill of rights for union members that guarantees all union members equal rights of participation in internal union affairs, including voting and expressing views; democratic standards for the election of union officers are also established.
The Landrum–Griffin Act tries to prevent union corruption and labor racketeering in the following three additional ways:
1. Unions and their officers are required to disclose financial records by filing reports with the U.S. Department of Labor; this reporting is intended to increase the transparency of union governance to prevent abuse; the formal name of the Landrum–Griffin Act is the Labor–Management Reporting and Disclosure Act.
2. The use of union trusteeships restricted.
3. The act establishes the fiduciary responsibility of union leaders.
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The Landrum–Griffin Act, 1959 focuses on internal union affairs
Accomplishing the objective of a free flow of commerce requires
Labor organizations, employers, and their officials adhere to the highest standards of responsibility and ethical conduct
Guarantees all union members equal rights of participation in internal union affairs
The Landrum–Griffin Act
The Landrum–Griffin Act, 1959 focuses on internal union affairs
Accomplishing the objective of a free flow of commerce requires
Labor organizations, employers, and their officials adhere to the highest standards of responsibility and ethical conduct
Guarantees all union members equal rights of participation in internal union affairs
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The Landrum–Griffin Act also amended the National Labor Relations Act in the following ways:
The rights of permanently replaced strikers to participate in NLRB elections were confined to the first 12 months of a strike.
The Section 8(b)(4) restrictions on secondary boycotts were revised.
The Landrum–Griffin Act
The Landrum–Griffin Act also amended the National Labor Relations Act in the following ways:
1st.The rights of permanently replaced strikers to participate in NLRB elections were confined to the first 12 months of a strike.
2nd.The Section 8(b)(4) restrictions on secondary boycotts were revised.
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A seventh union unfair labor practice [Section 8(b)(7)] was added to restrict picketing for union recognition.
Hot cargo agreements were outlawed [Section 8(e)]. In labor relations, hot cargo consists of goods that are made by nonunion workers or by a company that is being struck; a hot cargo agreement is a union contract clause giving members the right to refuse to handle hot cargo.
The act also created special exceptions in various areas for the construction industry because of its short-term nature of employment.
The Landrum–Griffin Act
3rd. A seventh union unfair labor practice [Section 8(b)(7)] was added to restrict picketing for union recognition.
4th. Hot cargo agreements were outlawed [Section 8(e)]. In labor relations, hot cargo consists of goods that are made by nonunion workers or by a company that is being struck; a hot cargo agreement is a union contract clause giving members the right to refuse to handle hot cargo.
5th.The act also created special exceptions in various areas for the construction industry because of its short-term nature of employment.
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Civil Service Reform Act
This act protects most federal sector workers, though supervisors
Postal employees are covered under the NLRA
There is no right to strike against the public safety by anybody, anywhere, any time
Most public sector bargaining laws prohibit strikes for all public sector employees
Approximately one-third of public sector workers are not covered by a bargaining law
Public Sector Labor Law
U.S. labor law extended in the public sector as well—government employees at the federal, state, and local levels.
By 1959 the legislative framework for private sector labor law was nearly completely established, but it was just on the verge of erupting in the public sector.
Public sector labor law has 51 separate jurisdictions—the U.S. federal government for federal employees and the 50 states for state and local government workers; thus, there can be significant differences in public sector labor law across jurisdictions.
Public sector unionization dates back to the 19th century.
The first public sector law giving government employees the right to engage in collective bargaining was passed by Wisconsin in 1959; the federal government and a number of other states followed in the 1960s.
In the federal sector President Kennedy established limited bargaining rights, exclusive representation, and unfair labor practices for federal employees with Executive Order 10988 in 1962.
Subsequent presidents revised this initial structure, and the resulting bargaining system was codified into law by Congress in 1978 through the Civil Service Reform Act the; the act protects most federal sector workers, though supervisors, the military, security agencies (like the FBI), the Post Office, and several other agencies are excluded.
Postal employees are covered under the NLRA (but cannot legally strike), and it is illegal for military personnel to unionize.
The major elements of the labor relations system for federal workers set forth in the Civil Service Reform Act parallel the NLRA framework:
1.Exclusive representation with majority support
2.Certification elections
3.Employer and union unfair labor practices
4.An agency (the Federal Labor Relations Authority) that administers elections and unfair labor practice charges
There is no right to strike against the public safety by anybody, anywhere, any time
Most public sector bargaining laws prohibit strikes for all public sector employees
Approximately one-third of public sector workers are not covered by a bargaining law
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Labor Law Case: Let’s Do Lunch—Insubordination or Protected Activity?
Please read the Labor Law Case: Let’s Do Lunch—Insubordination or Protected Activity? In your lecture notes pack. And think about the four following questions. We’ll discuss the answers at the midterm review.
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Employment law pertains to individual employment rights, whereas labor law focuses on workers’ collective actions.
In the absence of explicit laws, the U.S. employment relationship is governed by the employment-at-will doctrine
Postscript: The Rise Of Employment Law
Employment law pertains to individual employment rights, whereas labor law focuses on workers’ collective actions.
In the absence of explicit laws, the U.S. employment relationship is governed by the employment-at-will doctrine, which means employees can be hired under any conditions and fired at any time for any reason.
Under the employment-at-will doctrine, outstanding job performers can be fired because their supervisors dislike them, because of their gender or their race, or for any other arbitrary reason—and in return, employees are free to quit at any time.
The earliest attempts to temper the at-will doctrine occurred in the area of safety and health as various states enacted laws specifying minimum safety standards around 1900, though these laws were generally ineffective.
Workers’ compensation laws were probably passed much earlier than other employment laws because employers benefit substantially—they are shielded from litigation expenses and the possibility of large damage awards.
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The great depression
Adherents to the industrial relations school of thought believed:
Unionization and government regulation of the employment relationship were necessary for balancing efficiency, equity, and voice
Unions can help equalize bargaining power between employers and unionized employees
Laws can ensure minimum standards for all employees
The New Deal period saw the passage of the Wagner Act promoting unionization
Advanced employment law through the Social Security Act and the Fair Labor Standards Act
Postscript: The Rise Of Employment Law
During the Great Depression adherents to the industrial relations school of thought believed that both unionization and government regulation of the employment relationship were necessary for balancing efficiency, equity, and voice; unions could help equalize bargaining power between employers and unionized employees, while laws could ensure minimum standards for all employees.
Adherents to the industrial relations school of thought believed:
Unionization and government regulation of the employment relationship were necessary for balancing efficiency, equity, and voice
Unions can help equalize bargaining power between employers and unionized employees
Laws can ensure minimum standards for all employees
The New Deal period saw the passage of the Wagner Act promoting unionization
Advanced employment law through the Social Security Act and the Fair Labor Standards Act
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The Social Security Act established a system of state unemployment insurance benefits programs
The Fair Labor Standards Act created a federal national minimum wage, mandatory overtime premium, and restrictions on child labor
Postscript: The Rise Of Employment Law
The Social Security Act established a system of state unemployment insurance benefits programs
The Social Security Act established what has grown into OASDHI: old age, survivors, disability, and health insurance, which provides federal monetary assistance and health care coverage to retirees, the disabled, and their dependents.
The Fair Labor Standards Act created a federal national minimum wage, a mandatory overtime premium for covered workers for hours worked in excess of a weekly standard (now 40 hours), and restrictions on child labor.
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The Equal Pay Act of 1963
Prohibits discriminating between men and women in determining compensation for equal jobs
Title VII of the Civil Rights Act of 1964
Prohibits employment discrimination on the basis of race, color, religion, sex, or national origin
Age Discrimination in Employment Act of 1967
Extends Title VII’s protections to age discrimination against employees over the age of 40
Postscript: The Rise Of Employment Law
By 1960, employment law consisted of various forms of social insurance (workers’ compensation, unemployment insurance, Social Security) and protective employment standards (minimum wages, maximum hours, and child labor restrictions).
Consistent with the civil rights movement of the 1960s, many new employment laws target discriminatory employment practices:
The Equal Pay Act of 1963—prohibits discriminating between men and women in determining compensation for equal jobs.
Title VII of the Civil Rights Act of 1964—prohibits employment discrimination by both employers and unions on the basis of race, color, religion, sex, or national origin.
The Age Discrimination in Employment Act (1967)—extends Title VII’s protections to age discrimination against employees over the age of 40.
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The Americans with Disabilities Act of 1990
Adds disabled individuals to the list of protected classes
The Civil Rights Act of 1991
Strengthens these nondiscriminatory laws by adding the possibility of compensatory and punitive damages
Postscript: The Rise Of Employment Law
The Americans with Disabilities Act (1990)—adds disabled individuals to the list of protected classes.
The Civil Rights Act of 1991—strengthens these nondiscriminatory laws by adding the possibility of compensatory and punitive damages, not just back pay.
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The Occupational Safety and Health Act
Obligates employers to provide safe workplaces
The Employee Retirement Income Security Act
Establishes basic requirements for employer-sponsored pension plans and other benefits to protect employees against abuse and loss of benefits
Postscript: The Rise Of Employment Law
Following are some of the employment laws that mandate employment conditions beyond the wage, hours, and child labor provisions specified by the FLSA
The Occupational Safety and Health Act (1970)—obligates employers to provide safe workplaces and empowers the Occupational Safety and Health Administration (OSHA) to determine specific safety standards.
The Employee Retirement Income Security Act (ERISA, 1974)—establishes basic requirements for employer-sponsored pension plans and other benefits to protect employees against abuse and loss of benefits.
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The Worker Adjustment and Retraining Act of 1989
Requires employers to provide advance notice of mass layoffs
The Family and Medical Leave Act of 1993
Guarantees employees 12 weeks of unpaid leave to care for themselves, their parents, or their children
Postscript: The Rise Of Employment Law
The Worker Adjustment and Retraining Act (WARN, 1989)—requires employers to provide advance notice of mass layoffs,
The Family and Medical Leave Act (FMLA, 1993)—guarantees employees 12 weeks of unpaid leave to care for themselves, their parents, or their children.
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Rise of employment law is important for labor relations
These laws directly affect labor relations by providing standards that both employers and unions must fulfill
The current nonunion exceptions to the employment-at-will doctrine do not amount to broad protections against unfair dismissal for nonunion workers
Postscript: The Rise Of Employment Law
The rise of employment law is a significant feature of the modern U.S. employment relationship and is important for labor relations.
On a practical level, these laws directly affect labor relations by providing standards that both employers and unions must fulfill, such as nondiscrimination or family leave.
The current nonunion exceptions to the employment-at-will doctrine do not amount to broad protections against unfair dismissal for nonunion workers
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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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