Immigration Reform and Control Act: makes it illegal to hire, recruit, or refer for a fee, someone not authorized to work in the U.S. I-9 Verification: for new hires. Enforcement: by I.C.E. Penalties. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 2 Immigration Reform and Control Act (cont’d): Criminal Actions: ICE can seek criminal punishments. CASE 23.1 Trollinger v. Tyson Foods, Inc. (2007). Why did the court dismiss the RICO claim? Penalties for employers. Discrimination. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 3 The Immigration Act places caps on the number of visas that can be issued to immigrants every year. I-551 Alien Registration Receipts. The H-1B Visa Program. Labor Certification. H-2, O, L, and E Visas. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 4 Norris-LaGuardia Act: protects peaceful strikes by limiting the injunction powers of federal courts. National Labor Relations Act: establishes the right of workers to strike and engage in collective bargaining. Established NLRB. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 5 Labor Management Relations Act: prohibits certain unfair union practices such as closed shops. Allowed individual states to pass right-to-work laws. Labor-Management Reporting and Disclosure Act: hot cargoagreements, secondary boycotts. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 6 Preliminary Organizing. Workers sign authorization cards. Cards can justify an election. Appropriate Bargaining Unit. Mutuality of Interest among all represented workers. Job Similarity. Nonmanagement Employees. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 7 Union Election Campaigns. An election can be held only if it can be shown that at least 30% of the workers will be represented. Key Restraint on management is nondiscrimination rule (cannot selectively prohibit union solicitation). © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 8 Management Campaigns. Election NLRB regulates the rights and obligations of employers and workers in the election process. Each side can pursue their objectives, but cannot interfere, beyond certain limits, in the other’s activities. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 9 Case 23.2 Local Joint Executive Board of Las Vegas v. NLRB (2008). Were the activities of Ms. Sapien and Ms. Briand ‘illegal surveillance’ that violated the National Labor Relations Act? © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 10 Collective bargaining is the process by which management and labor negotiate the terms and conditions of employment. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 11 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. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 12 Terms and Conditions of Employment: Pay, Safety conditions, Insurance, Pensions. Closing or Relocating a Plant: Severance Pay. Management must bargain over the economic consequences of moving. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 13 Party’s actions show good (or bad) faith. Examples of bad faith: Engaging in a campaign among workers to undermine the union. Constantly shifting positions on disputed contract terms. Sending bargainers who lack authority to commit the company to a contract. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 14 There are two forms of strikes: Economic Strikes. These are strikes over wages. Workers can be replaced by permanent replacements. Unfair Labor Practice Strikes. Alleging the employer has committed an unfair labor practice. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 15 Secondary Boycotts. Common Situs Picketing. Hot-Cargo Agreements. Wildcat Strikes. Strikes that Threaten National Health or Safety. Strikes that Contravene NoStrike Clauses. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 16 Generally, an employer has the right to permanent replacements (striking workers are not guaranteed a job). But if the employer has not hired replacements, then it must rehire the strikers to replace open positions. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 17 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. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 18 Employer’s Refusal to Recognize Union and Negotiate. Presumption of Employee Support. Questions of Majority Support. Employer’s Interference in Union Activities. No threats, or even asking employees about their views. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 19 Employer’s Domination of Union. Employer’s Discrimination Against Union Employees. Union’s Unfair Labor Practices. Coercion. Discrimination. Other Unfair Practices. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 20 Concerted Activity. CASE 23.3 NRLB v. Hotel Employees and Restaurant Employees International Union Local 26, AFL-CIO (2006). Do you agree with the court that Johnson was a “pest”? Safety. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 21