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