Employment Law and Federal Agencies

1. EmploymentLaw and Federal Agencies Chapter Three

2. Overview • New laws/amendments result from interest group coalitions • Organized labor in the U.S. has been politically active in advocating laws that support unions and progressive social positions • Six major organizing/collective bargaining laws passed since 1926

3. Railway Labor Act (RLA) • Applies to rail and air carriers and nonmanagerial employees • Five general purposes • Avoiding service interruptions • Eliminating restrictions on joining a union • Guaranteeing freedom of employees in any matter of self-organization • Providing for prompt dispute settlement • Enabling prompt grievance settlement

4. Railway Labor Act (RLA) • 1996 Federal Aviation Authorization Act brought air express companies under RLA • FedEx was brought within RLA jurisdiction

5. RLA Overview • Majority employee vote for bargaining representative • Initial representation elections held within a single defined occupational group • Contracts in effect until new agreement reached • National Mediation Board (NMB) can be asked to help

6. In Case of Stalemate • No changes/strikes unless impasse declared by NMB • President can convene Emergency Board to report • No changes/strikes until 30 days after report • Presidential boards are not infrequent • National Railroad Adjustment Board (NRAB) can intervene

7. NRAB/NMB • Both created by RLA • NRAB made up of union and nonmembers • Designed to settle grievances • NMB made up of three presidential appointments • Handles representation elections, mediates disputes upon request

8. RLA Dispute Resolution • Employer must negotiate with multiple craft unions • Different goals between craft unions • Mergers among craft unions • Different implementation in rail and airline industries

9. Norris-LaGuardia Act (NLA) • First law protective of union activity • Outlaws yellow-dog contracts, despite Supreme Court affirmation • Other injunctions against activities also prohibited

10. NLA • Danbury Hatters diminished • Ensures act is not used as shield for violence • Provides guidance for acceptable injunctive scenarios

11. Injunctions Under NLA • Union must have opportunity for rebuttal prior to injunction or • Employer must deposit bond in event of damages • Requesters must try to solve issues prior to injunction granted

12. Wagner/Taft-Hartley Acts • Taft-Hartley extended Wagner Act • Wagner only covered employer efforts • Taft-Hartley added union practices • Landrum-Griffin polished these

13. Wagner Definitions • Employer • Employee • Supervisor • Professional employee

14. NLRB • Five presidential appointments are confirmed by the Senate • Conducts representation elections and resolves unfair labor practice charges

15. Unfair Labor Practices • Outlined in Wagner Act • Employer unfair labor practices • Union unfair labor practices

16. Other Amendments • Protected concerted activity – freedom of expression • Duty to bargain in good faith for employers and unions • Prohibited contract clauses – cannot deny products • Construction Employment - contractors and construction union relationships

17. Other Amendments • Health care unions must provide notice of strike • Majority determines union representation for all • NLRB can pursue compensation for unfair practices • Right-to-work laws

18. Other Amendments • Alternative arrangements for religious objectors to unions • Federal involvement to maintain commerce, health care • If the President believes labor dispute imperils the nation, a board of inquiry studies the issues • If court agrees that dispute threatens national security, an injunction may be issued

19. Suits, Political Action, and Financial Relationships • Unions may sue on behalf of members • Financial dealings between employer and union representing its employees forbidden • Union agents forbidden from demanding payment for performing contractual duties • Unions and corporations forbidden to make political contributions in any elections involving choice of federal officeholders

20. Landrum-Griffin Act • Enacted in 1959 based on Congressional hearings on corrupt practices • Regulates employer & union activities according to other acts

21. Landrum-Griffin Act • Bill of Rights for Union Members • Unions required to file constitutions and bylaws, annual reports with secretary of labor • Trusteeship can take over to address major problems

22. Other Federal Laws & Regulations • Byrnes Act – no intrastate recruitment to interfere with picketing • Copeland Anti-Kickback Act – no unlawful requirement of compensation in return for public works • RICO Act – address corruption through forfeiture of illegal gain • Penalty = 3Xs corrupt gain

23. Other Major Employment Laws

24. Other Major Employment Laws

25. Other Major Employment Laws

26. Labor Law Enforcement • Courts support market-based practices • The greater the difference between union & nonunion wages, the more employers are likely to engage in unfair labor practices • Few resources for NLRB to enforce laws without Congressional support and without strong penalty options

27. Role of Federal Branches • Legislative: Congress writes & amends laws • Executive: Implement & regulate within laws • Judiciary: Interprets actions of legislative & executive based on Constitution, statutes, common law

28. Departments with Labor Responsibilities • Department of Labor • Employment Standards Administration • Office of Labor-Management Standards • Workers’ Compensation Programs • Occupational Safety and Health Administration • Employment and Training Administration • Bureau of Labor Statistics • Bureau of International Labor Affairs • Women’s Bureau

29. Other Federal Agencies with Labor Responsibilities • Federal Mediation and Conciliation Service (from Taft-Hartley Act) • Mediates labor disputes by invitation or self-insertion • No power to impose settlements • Preventive mediation and alternative dispute resolution • Mediator training in developing countries

30. Other Federal Agencies with Labor Responsibilities • National Mediation Board (from 1934 amendment to Railway Labor Act) • Mediates contract disputes between carriers and unions • Refers grievances to NRAB • Notifies President if dispute threatens to cripple transportation industry

31. Other Federal Agencies with Labor Responsibilities • National Labor Relations Board (from Wagner Act) • Oversees most for-profits, hospitals, U.S. Postal Service • Only responds to complaints or requests from unions, employees, or employers • Several-layered process for disputes, including appeals

32. Politics of NLRB • Five members appointed by President • Usually same political party • Congress, unemployment, previous rulings play role in decisions

33. Impact of NLRB • Decisions alter bargaining power between labor and management • Filing levels based on board composition • Employers may increase filings to deter union efforts

34. Continuing Controversy • Union leaders questioned need for labor legislation in 1980s • Congressional/Presidential politics play role in issue focus • Calls for more employer latitude - “Team Act” passed but vetoed • Fewer worker rights in U.S. compared with European Union

35. International Standards • Trade treaties seek minimum labor standards • Protect jobs in high-wage countries • Prohibit child & forced labor • NAFTA • More impact on national level than international