D352 SECTION 2 Study Guide

D352 SECTION 2 Study Guide Leave the first rating Terms in this set (41) Social SciencesLaw Civil Law Save 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 List the three requirements that are necessary for an arbitration agreement to be enforced

• The employee must have individually agreed to

the arbitration provision

• the arbitration must authorize the arbitrator to

resolve the statutory EEO claims

• 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?

• Labor injunctions

2- Yellow Dog Contracts 3- Antitrust Laws Labor injuntionsCourt orders requiring or prohibiting certain actions - employers used injunctions to prevent strikes and boycotts yellow dog contractContracts some employers forced workers to sign that made the workers promise not to join a union antitrust lawsdesigned 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 ActRequires 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

• Interference with, or restraint or coercion of,

employees in the exercise of their section 7 rights (to unionize)

• Domination of, or interference with, a labor

organization (including financial or other contributions to it)

• 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

• 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 2-Representation questions concerning whether and, if so how, employees will be represented for collective bargaining What is the time frame for an unfair labor practice charge to be filed?Within 6 months of the occurrence of the alleged unfair practice.