Labor Law

1. Labor Law Construction Engineering 221

2. RPQ 1. What percentage of employees (by petition) need to be in favor of representation before an election can be held to determine the wishes of all the employees? A. 20% B. 25% C. 30% D. 51% 2. Iowa is a “right-to-work” state. A. True B. False 3. Secondary boycotts are legal. A. True B. False

3. RPQ #1 1. What percentage of employees (by petition) need to be in favor of representation before an election can be held to determine the wishes of all the employees? Correct answer is C. 30%

4. RPQ #2 2. Iowa is a “right-to-work” state. Correct answer is A. True

5. RPQ #3 3. Secondary boycotts are legal. Correct answer is B. False

6. The Norris-Laguardia Act • Protects the rights of workers to strike and picket peacefully • Strictly limits the power of FEDERAL courts to issue injunctions against union activities in labor disputes • Allows injunctions to be issued against • Illegal activities • Activities that imperil national health or safety • Prohibits “YELLOW DOG” contracts

7. National Labor Relations Board • Two primary functions • To establish whether groups of employees wish to be represented by designated labor organizations for collective bargaining purposes • To prevent and remedy unfair labor practices • NLRB regional offices in major cities • Power over all interstate commerce • Limits involvement to major cases only

8. Representation Elections • National Labor Relations Act requires • Employer bargain w/ representative elected by a majority of the employees (50+%) • Representative can be an individual or a labor union • NLRB Regional Office conducts representation elections (after they receive a petition of at least 30% of the employees) • In election, employees are given choice of one or more bargaining representatives or no representative at all • Election is a secret ballot election – certified by NLRB

9. Employer Unfair Labor Practices • Contractor gives financial aid, such as a loan, to union that represents their union carpenters • Contractor fires a construction worker because they helped organize a vote to have a union represent the employees • Contractor refuses to bargain in good faith with the union representing their workers about wages, hours and other conditions of employment

10. Union Unfair Labor Practices • Union tries to coerce a contractor in its selection of a representative for collective-bargaining purposes • Union causes a contractor to discriminate against an employee by paying lower wages as an effort to force employee to join the union • Union-security agreement that requires employees to join union after they are hired is legal • Union refuses to bargain in good faith with contractor regarding wages, hours, job conditions

11. Unfair Labor Practices and Remedies • Charges of Unfair labor practice • Filed by contractor, union or individual • Filed with NLRB at regional office • Within 6 months of alleged unfair activity • Does the NLRB have statutory power to enforce its judgments?

12. NLRB - No Statutory Power • But can petition U.S. Court of Appeals for a decree to enforce an order • Failure to comply with court order can result in fines or imprisonment • Parties involved may seek judicial review • NLRB empowered to issue a “cease-and-desist order” • Contractor can get a court injunction directing an illegal activity to stop

13. Union-Shop Agreements • What is the difference between a “closed shop” and a “union shop”? • What is meant by “checkoff of union dues”? • What is meant by the “right-to-work” law

14. Requires that a worker be a member of an appropriate union at the time they are hired New employee need not be a union member at the time of employment, But must join within a stipulated period to retain their job -7 days Closed shop vs. Union shop

15. Checkoff of Union Dues • Legal with union-shop agreements • Employers deduct union dues from employee’s paycheck and pay directly to the union • Employee must voluntarily given written permission to employer to withhold check off dues • A mandatory check off is ILLEGAL – considered an unfair labor practice

16. Union Hiring Halls • All the following are FALSE statements in regards to union hiring halls except: A. Agreements with hiring halls can give preferential treatment to union members B. The union must be the judge of a worker's competence C. Hiring halls are used to provide qualified applicants to contractors D. Hiring halls can discriminate against race, sex, national origin, and union membership E. A worker's access to a construction job can be conditioned on his/her ability to pass a union examination

17. Secondary Boycott • an organized refusal to purchase the products of, do business with, or perform services for (such as deliver goods) a company which is doing business with another company where the employees are on strike or in a labor dispute • The NLRA forbids secondary boycotts

18. Common Situs Picketing • A common situs is a given location such as an industrial plant or a construction project at which several different employees are simultaneously engaged in their individual business activities • What is meant by “separate gate” doctrine? • When is common situs picketing OK?

19. “Separate Gate” doctrine • On multi-employer construction sites • One gate is reserved and marked for the primary contractor involved in the labor dispute and • Another gate for the neutral contractors not involved

20. When is common situs picketing legal? • When the gate provide for the open-shop employer is so located that the union picketing cannot communicate its picketing message to the public

21. Subcontractor Agreement Clauses • Must be in the collective bargaining agreement • Agreement with a union containing restrictions on subcontracting must pertain only to work on construction projects • The workers represented by the union that makes the agreement restricting the contractor’s right to subcontract must have an employer-employee relationship with that contractor

22. Jurisdictional Disputes • Two unions claim that certain work should be performed by their workers • Carpenters claim a new ceiling grid system • Electricians claim that the ceiling grid is there only to support the light fixtures and electrical wiring • Unions do not agree • Contractor makes the work assignment to the carpenters and the electrical union files a jurisdictional dispute

23. Political Contributions • What is a PAC? • Under federal law PACs are only allowed to solicit personal contributions from individuals and disburse them to selected candidates. A. True B. False

24. The Civil Rights Act of 1964 • Administrated and enforced by the Equal Employment Opportunity Commission (EEOC) • The act established certain basic individual rights pertaining to voting; access to public accommodations, public facilities and public education; participation in federally assisted programs and opportunities for employment. • It also makes it unlawful for an employer to refuse to hire or discharge an employee and/or limit, segregate or classify employees that would deprive individual of employment opportunities or status in company due to race, color, religion, sex, or national origin.

25. The Davis-Bacon Act • The Davis-Bacon Act includes all these items except for A. The Contractor must pay overtime at a rate of 1 and ½ for more than 40 hours in a week. B. The Contractor must pay the workers on the job site at least once a week C. The Contractor must pay at least 2 weeks of vacation per year to each worker. D. The Contractor must pay at least the minimum wage required. E. The prime contractor is responsible for subcontractors compliance concerning wage rates

26. The Copeland Act What is it? And what are “kickbacks”?

27. The Copeland Act • Makes it a punishable offense for an employer to deprive anyone employed on federal construction work of any portion of the compensation to which the employee is entitled • Stipulates that payroll records shall be maintained and reports submitted by contractors as the Department of Labor may require • Covers all construction projects on which the Davis-Bacon prevailing wages apply

28. What are “kickbacks”? • Employer forces employee to pay back wages to keep their job

29. The Fair Labor Standard Act • The Fair Labor standards Act of 1939, also known as the Wage and Hour Law, contains standards pertaining to minimum wage, maximum hours, overtime pay, equal pay (sex discrimination), and child labor • Child labor – minimum age for employment is 16 (except in hazardous occupations – 18 years)

30. The Contract Work Hours and Safety Act • passed in 1962 • applies to federal construction projects • one and one-half times the basic rate of pay for all hours in excess of 8 hours per day or 40 hours per week • Amended in 1986 - overtime when they work more than 40 hours per week – allows for 10 hour days

31. The Drug-Free Workplace Act • passed in 1988 • requires federal government contractors and employers that receive federal contracts and grants to maintain a drug-free workplace • Federal work can be suspended up to five years if the act is not carried out.

32. Americans With Disabilities Act (ADA) • Legal protections and remedies to persons with disabilities • The act prohibits discrimination on the basis of disability by employers, employment agencies, labor organizations, or joint labor-management committees with respect to hiring and all terms, conditions, and privileges of employment • Biggest impact in construction on design of buildings: • Wheelchair accessibility is one example