Solutions
Identify the role of the National Labor Relations work laws had to be honored. The state law
Board (NLRB). - ANSWER -a federal prohibits employees to be required to join a
agency given power to police against unfair labor union. Gives the employee the choice.
practices and determine whether the union is
sanctioned to represent the members. NLRB
administers all provisions of the Wagner Act. Describe the major impacts of the Labor
Primary functions include: conducting union Management Reporting and Disclosure Act, also
elections (make sure that they are ethically and known as the Landrum-Griffin Act, of 1959. -
legally conducted), investigating complaints by ANSWER -Increased power of Union
employers or unions through their investigations, Members by:
issuing opinions on it findings and prosecuting 1. Unions had to give union members a bill of
violations in court. Remember NLRB investigates rights;
all unfair labor practices even in non-union 2. Unions required to hold elections every 3
environments. Investigating unfair labor practices years;
connected with Social Media has been a recent 3. Unions had to submit annual financial reports
focus for the NLRB. to the department of labor, federal crime to
embezzle or steal union funds.
Also, union members could attend union
What is the National Labor Relations Act, also meetings, vote and nominate people for union
known as the Wagner Act of 1935? - offices.
ANSWER -Pro-union law which:
1. Established the rights of workers to form
unions, collective bargain, and to strike. Define the steps in the union organization
2. Protected union rights and prohibited process. - ANSWER -1. Union contacts
employers from interfering, coercing or otherwise employees or employees contact union.
intruding on employees interested in the union 2. Initial organizational meeting with union to
3. Established the National Labor Relations gather employee support.
Board (NLRB)- 3. 30% of authorization (employee) signatures
are required to move forward with unionization
process.
Describe the Labor Management Relations Act 4. Once 30% of signatures are gathered, a secret
(LMRA), also known as the Taft-Hartley Act, of ballot election is administered by the NLRA.
1947. - ANSWER -Pro-employer law which: 5. If the vote is "yes" (51% majority), the NLRB
1. Curbed unions overreaching or shift some of certifies the union as the legal bargaining
the power back to the employer; representative of the employees.
2. Forbade Unions from using unfair labor
practices, for example unions cannot coerce or
discriminate against non-union members; Describe the collective bargaining process. -
3. Outlawed the closed shop (shop that made ANSWER -Collective bargaining is the
union membership a condition of employment). negotiations between the employer and the the
Let employers take back the right to hire. union (on behalf of the workers) to form a new
4. Prohibited wildcat strikes (those not authorized contract which governs the working relationship
by the union); Further, the "right to work" between the parties. Under the NLRA, both the
provision was established, states that had right to union and the employer are required to bargain in
, WGU Employment Law - C233 Study Guide with Verified
Solutions
good faith. The concept of good faith does not Mediation - ANSWER -voluntary process,
mandate agreement, but instead requires a bringing a neutral third-party into a negotiation as
mutual obligation of the parties to participate a facilitator. It may or may not lead to an
actively in negotiations, showing intent to find a agreement between the parties
basis for agreement. Workplace issues are
divided into three categories: mandatory,
permissive and illegal bargaining items. Describe the following strategies to resolve labor
disputes:
Arbitration - ANSWER -process agreed to
Compare unfair labor practices for management by the parties in which, at its conclusion, a
and labor. - ANSWER -Management neutral third-party will impose a binding
cannot: refuse to bargain with labor; coerce, agreement on both parties
interfere or intrude on employees' rights to
become involved with unions;
For unions, they must bargain in good faith. Summarize worker eligibility and E-verify. -
During strike activity, unions are prohibited from ANSWER -E-verify is used to allow
preventing persons who wish to work from employer to determine eligibility of an employee
entering the business, may not damage to work in US. They have to submit form I-9 and
employer property, and may not picket other have to submit it within 3 days and keep in their
businesses that provide goods and services to records. Contractors with $100,000 or more/or
the employer. Such a picket is called a 120 days or longer from Federal government
secondary picket. contracts must use e-verify. Other employers,
optional. If e-verify gives non-confirmation,
candidate has 8 days to respond. (employer has
Describe the following strategies to resolve labor to wait out that 8 days)
disputes:
Lockout - ANSWER -the employer either
shuts down business operations and prevents Explain negligent hiring. - ANSWER -
employees from coming to work or continues Negligent hiring is when an employer ignores a
work but hires replacement employees reputation or record of an applicant and still hires
them for the job, and then something negative
occurs. In a sense, the employer shares the
Describe the following strategies to resolve labor blame in this situation.
disputes:
Strikes - ANSWER -a mass work stoppage;
economic strikes (used to pressure management Explain a negligent referral. - ANSWER -
into conceding to compensation demands) and Negligent referral occurs when an employer who
ULP strikes (employer committed ULP) are is providing untrue reference omitted dangerous
lawful. Wildcat strikes, in which employees stop or criminal behavior. Meaning by suggesting
work without the union's permission, are illegal. someone to do a job but not giving the person
that is hiring the full background on the past
employee's behavior, when harm occurred on the
Describe the following strategies to resolve labor job, the referring employer was negligent.
disputes: