Law for BusinessMr. Bernstein

Notes, pp 439-446

UnionsDecember 19, 2014

2

Law for BusinessMr. Bernstein

UnionsBoth State and Local laws govern organized laborUnions were once considered conspiracies to extort“Yellow-dog Contracts”: Promises not to join unionNLRB now resolves most labor disputes

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Law for BusinessMr. Bernstein

Union StartupsAn organized group of employees is called a

bargaining unitIf management does not recognize unit, upon a 30%

petition, a secret ballot election is conducted by the NLRB

The same 30% petition rules applies to conducting a decertification election

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Law for BusinessMr. Bernstein

Unionized WorkplacesA certified union is an exclusive bargaining

representative for all employeesIf management agrees to a union shop, all

employees must join the unionRight to work laws prohibit mandatory union

membership and require an open shop

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Law for BusinessMr. Bernstein

Collective BargainingBoth sides are represented by their negotiatorsUnions have the legal power to strike and businesses

have the legal power to lockout workersFailure to bargain in good faith is an unfair labor

practiceDeadlocked negotiations can go to a mediator

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Law for BusinessMr. Bernstein

Unfair Management PracticesInterference with effort to join or form a unionDominating or financing a union (undue influence)Encouraging or discouraging union membershipRefusing to bargain in good faith

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Law for BusinessMr. Bernstein

Unfair Labor Practices by UnionsRefusing to bargain in good faithBargaining for featherbedding, or work not donePicketing by uncertified unionsExcessive union feesAttempting to force employees to join union

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Law for BusinessMr. Bernstein

StrikesIf the issue is money, employer may replace workersIf the issue is work conditions, workers must be

reinstated when the strike is overUnion support of boycotts are illegal