Employment Law VII

BHR 3565, Employment Law 1

Course Learning Outcomes for Unit VII Upon completion of this unit, students should be able to:

6. Explain the authority of unions in the workplace. 6.1 Indicate the importance of union documents for a new union representative.

Course/Unit Learning Outcomes

Learning Activity

6 Unit Lesson Chapters 18 and 19

6.1 Unit VII Scholarly Activity

Reading Assignment Chapter 18: The Rights of Union Members Chapter 19: Public Sector Labor Relations

Unit Lesson Protection of Rights In the previous unit, we spoke of collective bargaining. Union members have certain rights that must be afforded protection under the current laws. The unions are to protect the rights of the union members. To ensure fairness, Congress has enacted certain laws so that employees are fairly represented. The sections added to the National Labor Relations Act (NLRA) under the Taft-Hartley Act to protect employee rights are listed below:

 Section 7,

 Section 8(b)(1)(A),

 Section 8(b)(2),

 Section 8(b)(5), and

 the Landrum-Griffin Act of 1959. In Unit V, we spoke of Section 7 and parts of Section 8. Section 7 of the NLRA gives employees the right to organize and select representatives of their choice. It allows employees to engage in concerted activities and bargain collectively. Under Section 8(b)(1)(A) unions or labor organizations may not “restrain or coerce employees in the exercise of the rights guaranteed them in Section 7 of the Act” (NLRA, 1935). The union may not threaten violence towards union members and non-union members. An employee may not be disciplined for filing unfair labor practice charges or refusing to participate in unlawful activities. An employee may not be disciplined for testifying in a grievance or arbitration proceeding against other employees or members of the union (NLRA, 1935). Union members may resign without being fined, may file a decertification petition, and have the right to be fairly represented. In general, unions must treat employees fairly. Section 8(b)(2) further extends the protection of the employee by making it illegal for the union to coerce the employer to discriminate against employees who are not union members (NLRA, 1935). It restricts the employer from making certain terms of employment based on union membership. Section 8(b)(5) restricts the

UNIT VII STUDY GUIDE

Unions and the Public Sector-Rights of Public Sector Employees

BHR 3565, Employment Law 2

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payment of excessive or discriminatory initiation fees and union dues. The Landrum-Griffin Act basically added a bill of rights for union members (NLRA, 1935). Who is Liable for a Breach of Fair Representation? The question arises as to who is liable for the breach of a duty of fair representation. In many cases, both the employer and the union are held liable. This raises the issue of whether or not the employer has to safeguard these rights. The courts have held that the employer and the union share the liability when there is a breach of fair representation. It is important to know what the rights of the employees are and to safeguard them to avoid fines and liability. These rights of fair representation are enforced through Section 8(b)(1)(A) of the NLRA or through Section 301 in the court system. The unions also have a bill of rights under the Labor Management Reporting and Disclosure Act. Government as Employer The federal system and the states limit government action by citizens. These limitations carry over to the workplace as employees are also considered citizens. This dual position as employee and citizen plays into the rights of the employees and differentiates them from the private sector employee. The governmental entity does have to protect constitutional rights of employees such as due process. The limitations are because of the sovereign power of government entities. Employee benefits in the public sector affect not only the employer, but also taxpayers. If there are increases in benefits, there also may be increases in taxes to pay those benefits. The government is sovereign and is required by law to deliver certain services such as the education of children, operation of postal services, and public works. If public sector employees could strike, schools would shut down, mail would not be delivered, and firefighting services and police protection would cease. The right to strike would affect many citizens who rely on governmental services. In many cases, it could also cause a dangerous situation. In general, public sector employees do not have the right to strike. The government, as a sovereign, has the right to work with unions to determine pay and benefits; collective bargaining is a shared obligation between the government entity and the union. The Federal Service Labor-Management Relations Act The Federal Service Labor-Management Relations Act (FSLMRA) was enacted to provide federal public sector employees similar rights provided under the NLRA to the private sector. Many states have enacted similar legislation for state employees. The Federal Labor Relations Authority (FLRA) was enacted to administer the FSLMRA (Cihon & Castagnera, 2017). The following agencies are excluded from the act:

 Federal Bureau of Investigation (FBI),

 Central Intelligence Agency,

 National Security Agency,

 General Accounting Office,

 The Tennessee Valley Authority,

 Federal Labor Relations Authority,

 Federal Service Impasses Panel, and

 United States Postal Service employees (Cihon & Castagnera, 2017). The FSLMRA gave employees the right to collectively bargain and organize as a group. The Hatch Act The Hatch Act was enacted in 1939 to prohibit certain political activity by federal employees. The act protects federal employees to ensure that they advance based on merit and not political affiliation. It also protects federal employees in regard to their political affiliations and ensures that federal employees are not using their job to influence political actions. The act protects the system so federal employees such as the FBI are not using their jobs to impact political activity. The act excludes the President and Vice President of the United States. The act has two levels of restriction, one is more restrictive that the other. The more restrictive group is prohibited from participating in political campaigning.

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References Cihon, P. J., & Castagnera, J. O. (2017). Employment and labor law (9th ed.). Boston, MA: Cengage

Learning. National Labor Relations Act, 29 U.S.C. §§ 151-169 (1935).

Suggested Reading In order to access the following resource, click the link below. This video is a TEDx Talk from Ben Hempstead, who is an engineer and aerospace executive who enjoys the trust and transparency of a horizontal organization. TEDx Talks. (2015, December 22). Workplace trust and transparency: Ben Hempstead [Video file]. Retrieved

from https://youtu.be/r540VOIVufc Click here for a video transcript.