 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. 
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 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.
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 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.
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 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.
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 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.
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 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.
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 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).
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 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. 
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
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?
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 Collective
bargaining is the
process by which management
and labor negotiate the terms
and conditions of
employment. 
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 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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 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.
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 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.
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 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.
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 Secondary
Boycotts.
 Common Situs Picketing.
 Hot-Cargo Agreements.
 Wildcat Strikes.
 Strikes that Threaten National
Health or Safety.
 Strikes that Contravene NoStrike Clauses.
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 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.
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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.


Employer’s Interference in Union
Activities.

No threats, or even asking employees
about their views.
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 Employer’s
Domination of
Union.
 Employer’s Discrimination
Against Union Employees.
 Union’s Unfair Labor Practices.
 Coercion.
 Discrimination.
 Other Unfair Practices.
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 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.
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