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©2001 West Legal Studies in Business. All Rights Reserved.

• Historically, employment law was governed by the common law doctrine of
“employment at will” where either employer or employee could terminate the relationship at any time, for any reason.
• Today employment law is heavily regulated by federal labor statutes.
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•
Norris-LaGuardia Act .
– Protects peaceful strikes by limiting the injunction powers of federal courts.
– Case 23.1:
Burlington Northern Santa Fe v.
International Brotherhood of Teamsters (2000).
•
National Labor Relations Act .
– Establishes the right of workers to strike and engage in collective bargaining.
– Case 23.2: NLRB v. Town and Country Electric (1995).
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•
Labor Management Relations Act .
– Prohibits certain unfair union practices such as closed shops.
•
Labor-Management Reporting and
Disclosure Act .
» Regulates the internal operations of unions and outlaws hot-cargo agreements.
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• Preliminary Organization.
– Authorization Cards.
• Appropriate Bargaining Unit.
• Job Similarity.
– Work-Site Proximity.
– Non-Management Employees.
• Moving Toward Certification.
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• Union organization involves:
– Elections.
» An election can be held only if it can be shown that at least 30% of the workers will be represented.
– Management Election Campaigns.
» The National Labor Relations Board regulates the rights and obligations of employers and workers in the election process.
» No Threats.
» Laboratory Conditions.
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©2001 West Legal Studies in Business. All Rights Reserved.

• Collective bargaining is the process by which management and labor negotiate the terms and conditions of employment.
– The NLRB will certify an exclusive bargaining agent for labor.
– Both labor and management must bargain in good faith, but the law does not require that they reach an agreement.
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©2001 West Legal Studies in Business. All Rights Reserved.

• Terms and Conditions of Employment.
– Pay, Safety conditions, Insurance, Pensions.
• Closing or Relocating a Plaint.
– Severance Pay.
– Management must bargain over the economic consequences of moving a plant.
• Case 23.3:
Stroehmann Bakeries v. NLRB
(1996).
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©2001 West Legal Studies in Business. All Rights Reserved.

• There are two basic forms of strikes:
– Economic Strikes.
» These are strikes over wages.
» Workers can be replaced by permanent replacements.
– Unfair Labor Practice Strikes.
» These are strikes alleging that the employer has committed an unfair labor practice.
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• Secondary Boycotts.
• Common Situs Picketing.
• Hot-Cargo Agreements.
– Employers agree not to use non-union goods of other employers.
• Wildcat Strikes.
• Strikes that Threaten National Health.
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• Occurs when the employer shuts down to prevent employees from working.
• When an employer believes a strike is imminent.
• Lockouts may be a legal employer response.
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• Employer’s Refusal to Recognize Union and
Negotiate.
– Presumption of Employee Support.
– Questions of Majority Support.
– Case 23.4:
Canteen Corp. v. NLRB (1997).
• Employer’s Interference in Union Activities.
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©2001 West Legal Studies in Business. All Rights Reserved.

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• Employer’s Domination of Union.
• Employer’s Discrimination Against Union
Employees.
• Union’s Unfair Labor Practices.
– Coercion.
– Discrimination.
– Case 23.5:
Marquez v. Screen Actors Guild
(1998).
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• Concerted Activity.
• Safety.
• Employee Communities.
– Case 23.6:
In Re Simmons Industries
(1996).
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• Duties of Agents and Principals.
• Disability-Based Discrimination.
• English-Only Policies.
– Yniguez v. Arizona (9 th Cir. 1995).
• Labor Law and Quality Control.
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• NLRB
• AFL-CIO.com
•
Legal Research Exercises on the Web
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©2001 West Legal Studies in Business. All Rights Reserved.