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1. Social Science
2. Law
3. Civil Law
D352 SECTION 2 Study Guide
Terms in this set (41)
Original
What are the main advantages of arbitration for the employer?
It is generally quicker than litigation, it is confidential while court decisions are public, and the
remedies available under arbitration may be less generous than those via the courts (ie, its cheaper.)
How are agreements to arbitrate by non-union employees treated differently than agreements to
arbitrate included in CBAs?
Union employees must file procedures established in CBA
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List the three requirements that are necessary for an arbitration agreement to be enforced
1. The employee must have individually agreed to the arbitration provision
2. the arbitration must authorize the arbitrator to resolve the statutory EEO claims
3. the agreement must give the employee the right to insist in arbitration if the EEO claim is not
resolved to his or her satisfaction in any grievance procedure or dispute resolution process of the
employer
Explain the main difference between mediation and arbitration.
Arbitration is legally binding, medication has no legal authority.
How did employers, with the help of the courts, attempt to stope early unionization efforts?
1. Labor injunctions
2- Yellow Dog Contracts
3- Antitrust Laws
Labor injuntions
Court orders requiring or prohibiting certain actions - employers used injunctions to prevent strikes
and boycotts
yellow dog contract
Contracts some employers forced workers to sign that made the workers promise not to join a union
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antitrust laws
designed to protect free trade and competition - employers used them to challenge union boycotts by
seeking damages for interference with trade
What are some of the exceptions to Norris-LaGuardia?
Does not exempt labor disputes that spring from political protests. Does not apply to actions of unfair
labor practices under NLRA, NLRB orders, and when a union strikes over an issue that is subject to
arbitration.
List and briefly describe major legislation passed during the New Deal era that governed the
employment relationship and unionization.
Walsh-Healey Act
Requires minimum wage and overtime be paid to employees of federal government contracts
Merchant Marine Jones Act
provides remedies for injures sailors
Describe factors that contributed to the decline in organized labor.
Globalization - the manufacturing sector was the bedrock of unionism, when is declined, organized
%
labor inevitably followed.
Individual employee rights where collective bargaining wasn't needed to fair conditions
List unfair labor practices by employers
1. Interference with, or restraint or coercion of, employees in the exercise of their section 7 rights (to
unionize)
2. Domination of, or interference with, a labor organization (including financial or other contributions to
it)
3. Discrimination in terms or conditions of employment of employees for the purpose of encouraging
or discouraging union membership
4.discrimination against employee for filing a charge or testifying in a proceeding under the act
5. Refusal to bargain collectively with the employees'' legal bargaining representative
What authority does the NLRB have when complaints are filed?
Prosecutor, judge, and jury--investigates, conducts hearings, and renders decisions
How many members make up the NLRB, how to they obtain their seats, and how long is their term?
The board have 5 members appointed by the president to 5-year terms, with senate consent, the term
of one member expiring each year.
How many regional offices of the NLRB are there?
26
What are the two types of legal questions the NLRB handles?
1- Those alleging that an unfair labor practice has taken place in violation of the act
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