QUESTIONS WITH ACCURATE ANSWERS
FULL SOLUTION SET
●● Conspiracy Doctrine (anti-union weapons)
Answer: -Labor unions were illegal conspiracies in restraint of trade
-Something one person is allowed to do when acting alone may be
illegal when done by a group.
-Workers as individuals had the right to take actions to increase their
wages or to quit if they were dissatisfied. But workers were found guilty
of conspiracy when they acted as a group to demand high wages or
withhold their labor by collectively striking.
-Redefined in landmark case of Commonwealth v. Hunt. A union could
be found guilty of conspiracy if either its objectives or its methods of
achieving the objectives were illegal
●● Court Injunctions (anti-union weapons)
Answer: A court order that directs a person or group to refrain from
pursuing a course of action.
Injunctions are issued when it is believed that without them irreparable
damage to property will occur, leaving the property owner without
adequate remedy to obtain compensation for the loss.
●● Yellow-dog contracts (anti-union weapons)
,Answer: A statement employees were required to sign in which they
agreed to not join a union
●● Antitrust Statutes (anti-union weapons)
Answer: Unions were interpreted by the courts as illegal combinations in
restraint of interstate commerce when they attempted to strike an
employer or boycott an employers products.
●● Role of the NLRB
Answer: -When a sufficient number of employees request a
representation election, the NLRB conducts the election and determines
the bargaining agent.
-If charges of unfair labor practices are made, the board is responsible
for investigating and resolving them.
-Extensively involved in employee relation disputes
●● "Right-to-work"
Answer: Guarantee no person can be compelled to join a union or pay
union dues, as a condition of employment. Right to work laws can
prohibit contracts that require the hiring of unionized workers only.
●● what legislation makes "right-to-work" laws possible
Answer: Taft-Hartley Act
,●● Norris-La Guardia Act - Federal Anti-Injunction Act, 1932
Answer: -Legislature must determine whether a strike is illegal (not
courts)
-Courts cannot prevent aid from labor unions (e.g. strike-relief funds)
-Courts generally cannot interfere with union picketing/messaging
except in cases of violence or fraud
-Yellow-dog contracts become legally unenforceable
●● the Wagner Act - National Labor RElations Act, 1935
Answer: -Unfair Labor Practices: Employers can neither interfere with
collective bargaining efforts nor "restrain or coerce" employees
>Can't threaten to fire or change any term of employment (wages) to
encourage or discourage union membership
>No retaliation against those who file complaints
-Creates National Labor Relations Board (NLRB)
-Employers must bargain in good faith with employee representatives
●● the Taft Hartley Act - Labor Management Relations Act, 1947
Answer: -12 years after wagner act
-Now unions can not "restrain or coerce" employees
-Now unions must also bargain in good faith
-Unions cannot boycott suppliers or purchasers
-Featherbedding is illegal
, -No excessive membership fees/dues
-Bans certain union arrangements and allows states to pass "right-to-
work" provisions
●● the Landrum-Griffin Act - Labor Management Reporting and
DIsclosure Act, 1959
Answer: -In response to widespread problems (union fraud, mob
influence, extortion, etc.)
-Regulates internal conduct of unions
-Five key areas
>Union member bill of rights
>Reports to secretary of labor
>Union trusteeship controls
>Conduct of union elections
>Financial safeguards
●● What must companies do as part of bargaining "in good faith"
Answer: -1,000s of NLRB cases help define the term, totality of
behavior is evaluated
-Company must provide relevant information to union
-Must actively participate (open mind, sincere desire to reach an
agreement)
-Must meet at reasonable times and intervals