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WVU BCOR 320 - Chapter 17 cont

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BCOR 320 1nd Edition Lecture 31Chapter 17: Employment and labor laws cont Lifestyles laws: Social media◦ Employers should consider anything they publish on the Internet to be public Immigration◦ Because of discrimination laws, employers should not ask about an applicant’s country of origin: They are permitted to inquire if the person is authorized to work in the United StatesWorkplace Safety: In 1970, Congress passed the Occupational Safety and Health Act (OSHA) to ensure safe working conditions◦ Sets specific health and safety standards◦ Obliges employers to keep workplace “free from recognized hazards”◦ Requires records of all injuries and accidents◦ Allows inspection of workplaces and fines for unsafe conditionsFinancial Protection: Fair Labor Standards◦ Passed in 1938, the Fair Labor Standards Act (FLSA) regulates wages and limits child labor Workers’ compensation◦ Workers’ compensation statutes ensure that employees receive payment for injuries incurred at work Social security◦ System pays benefits to: Workers who are retired, disabled, or temporarily unemployed  Spouses and children of disabled or deceased workers Pension benefits◦ In 1974, Congress passed the Employee Retirement Income Security Act (ERISA) to:These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute. Protect workers covered by private pension plansLabor Law and collective Bargaining: Key pro-union statutes◦ Norris-LaGuardia Act (passed in 1932): Prohibits federal court injunctions in nonviolent labor disputes Permits workers to form unions and use collective bargaining power◦ National Labor Relations Act: Ensures the right of workers to form unions  Encourages management and unions to bargain collectively and productively◦ National Labor Relations Act Section 7 guarantees employees the right to:  Organize and join unions  Bargain collectively through representatives of their own choosing  Engage in other concerted activities Section 8 prohibits employers from engaging in the following unfair labor practices (ULPs) Interfering with union organizing efforts Dominating or interfering with any union Discriminating against a union member Refusing to bargain with a union Organizing a union◦ Exclusivity - Under §9 of the NLRA, a validly recognized union is the exclusive representative of the employees◦ Organizing – Stages Campaign Authorization cards - If organizers get enough cards, they seek recognition as the official representative for the bargaining unit Petitions the NLRB for an election Requires 30% of the workers’ approval Election Card-Check debate – When more than 50% of workers sign an authorization card: NLRB designates union as the exclusive representative without election◦ Organizing – Actions NLRA guarantees employees the right to talk among themselves about: Forming a union To hand out literature Ultimately join a union Employer may present anti-union views to its employees: May not use either threats or promises of benefits to defeat a union drive Collective bargaining agreement: Contract between union and management◦ Mandatory subjects - Wages, hours, and other terms and conditions of employment◦ Both the union and the employer must bargain in good faith Collective bargaining agreement: Contract between union and management◦ Mandatory subjects - Wages, hours, and other terms and conditions of employment◦ Both the union and the employer must bargain in good faithNot obligated to reach an agreement Concerted action: Tactics taken by union members to gain bargaining advantage◦ NLRA guarantees the right of employees to engage in concerted action for mutual aid or protection◦ Strikes – NLRA guarantees employees the right to strike, but with limitations No-strike clause: Prohibits the union from striking while the CBA is in force Cooling off period – Before striking, union must give management 60 days’ notice◦ Strikes Statutory prohibition – Many states have outlawed strikes by public employees Violent strikes are prohibited Sit-down strikes: Members stop working, but remain at posts Partial strikes – Occur when employees stop working temporarily Replacement workers Management has the right to hire replacement workers during a strike After an economic strike, an employer may not discriminate against a striker Employer is not obligated to lay off a replacement worker to give a striker his job back After a ULP strike, a union member is entitled to her job back: Even if that means the employer must lay off a replacement worker◦ Picketing the employer’s workplace in support of a strike is generally


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