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Law for Business. Mr. Bernstein Notes, pp 439-446 U nions January 2 , 2014. Law for Business Mr. Bernstein. Unions Both State and Local laws govern organized labor Unions were once considered conspiracies to extort “Yellow-dog Contracts”: Promises not to join union
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Law for Business Mr. Bernstein Notes, pp 439-446 Unions January 2, 2014
Law for BusinessMr. Bernstein Unions Both State and Local laws govern organized labor Unions were once considered conspiracies to extort “Yellow-dog Contracts”: Promises not to join union NLRB now resolves most labor disputes
Law for BusinessMr. Bernstein Union Startups An organized group of employees is called a bargaining unit If management does not recognize unit, upon a 30% petition, a secret ballot election is conducted by the NLRB The same 30% petition rules applies to conducting a decertification election
Law for BusinessMr. Bernstein Unionized Workplaces A certified union is an exclusive bargaining representative for all employees If management agrees to a union shop, all employees must join the union Right to work laws prohibit mandatory union membership and require an open shop
Law for BusinessMr. Bernstein Collective Bargaining Both sides are represented by their negotiators Unions have the legal power to strike and businesses have the legal power to lockout workers Failure to bargain in good faith is an unfair labor practice Deadlocked negotiations can go to a mediator
Law for BusinessMr. Bernstein Unfair Management Practices Interference with effort to join or form a union Dominating or financing a union (undue influence) Encouraging or discouraging union membership Refusing to bargain in good faith
Law for BusinessMr. Bernstein Unfair Labor Practices by Unions Refusing to bargain in good faith Bargaining for featherbedding, or work not done Picketing by uncertified unions Excessive union fees Attempting to force employees to join union
Law for BusinessMr. Bernstein Strikes If the issue is money, employer may replace workers If the issue is work conditions, workers must be reinstated when the strike is over Union support of boycotts are illegal