Bus Law ch 15

Exculpatory agreements

- a part of a contract that releases one of the parties from liability for their wrongdoings; not favored at laws

Agency shops

- a unionized workplace where employees who aren't union members must pay agency fees to the union for being the sole bargaining agent for all employees, illegal in states that have right to work laws

Hazard communication standard

- also called HazCom in employment law; the requirement that an employer proved training and info about hazardous chemicals employees will be exposed to on the job

Yellow dog contracts

- an agreement between an employer and an employee under which the employee agrees not to join a union, and that if he joins a union, there is a breach of contract and the employee is dismissed.

Whistleblower

- an employee who alerts the authorities to the fact that her employer is undertaking an activity that is contrary to the law

Family and medical leave

- applies to employers with 50 or more employees and applies to all govt. Units. Employer must grant up to 12 weeks of unpaid leave after birth or adoption, illness of close family or self.

Unions

- association of workers that is authorized to represent them in bargaining with their employers.

Wagner of 1935

- first phase of NLRA, made to ensure workers right to "self organization, to form, join, or assist, labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection

Concerted activities

- in labor law, actions by employees, such as a strike or other mutual activity that furthers their employment interests, protected by the National Labor Relations Act.

Primary v secondary boycotts

- primary is a union action that tries to convince people not to deal with an employer with which the union has a grievance.

Taft Hartley act '47

- prohibits unions from: 1. Coercing employees to support the union 2. Refusing to bargain in good faith with employers about wages and working conditions 3. Carrying out certain kinds of strikes such as boycotts, charging excessive fees, or making them pay for work not performed (featherbedding) 4. Going on strike during a 30 day "cooling off period" or 60 day one ordered by the president

Occupational licensure

- requirement at the state level that for one to practice a certain profession, one must meet certain educational or experience guidelines, pass an entry exam, and show evidence of continuing educational accomplishments

Labor disputes

- specific actions by employers, a union, or employees that are subject to coverage by standards set by the Nationals Labor Relations Act

Workers compensation law

- state statutes that provide for awards to workers or their dependents if a worker incurs an injury or an illness in the course of employment. Under such laws the coworker is freed from bringing a legal action to prove negligence by the employer.

Collective bargaining

- the process by which a union and an employer arrive at and enforce agreements regarding employment of workers represented by a union

Agency fees

- the right of union to charge fees to employees who aren't union members instead of union dues to cover the cost of representing such employees such fees are illegal in right to work states

Mandatory subjects of bargaining

- under the National Labor Relations Act, all terms and conditions of employment that must be discussed by employers and unions or an unfair labor practice occurs

Vesting

- under the employee retirement income security act, the requirement that pension benefits become the properly of workers after a specific number of years of service to an employer.

Substance abuse policy

- workplace rules adopted by an employer with respect to any required tests and the consequences of abuse of drugs, alc, or other substances; must comply with certain federal and state laws

Anti raiding covenants

-when employees are required to sign, as a condition of continued employment, an agreement that in the future, should they no longer work for the employer, they will not attempt to hire away to their employees from the company, these are looked at closely by the courts as possible restraints of trade.

T/F In Callison v City of Philly, Callison was fired for taking too much sick leave and sued for violation of the Family and Medical Leave Act, the appeals court held that the employer:

A didn't violate Callison's FMLA rights

Norris la guardia act

Before passage of this act, there was little federal legislation that specifically addressed labor issues. The act declares every worker should "have full freedom of association, self-organization, and designation, of representatives of his own choosing to negotiate terms and conditions of his employment."

Compensation claims

Benefits and incentives

The federal law that regulates pensions and other worker benefits is commonly referred to as ______

ERISA

6. T/F The NLRA, as amended, specifies that unions may not bargain over the terms of an employer's drug test policy:

False

Federal minimum wage law only applies to workers over the age of 18:

False

States may not regulate occupations by licensing unless Congress has approved such regulation due to the impact of Interstate Commerce:

False

T/F For a union representation election to be held, at least 50 percent of the employees must have signed authorization cards calling for an election:

False

T/F For an employee to be Certified Contractor under the Drug Free Workplace Act, all employees must be subject to annual drugtest:

False

T/F If there is a dispute between a union and an employer that cannot be resolved by arbtration, a resolution will be imposed by the National Labor Relations Board after 90 days have passed:

False

T/F In the Caterpillar v Solis, where an employee suffered an arm injury, the appeals court affirmed that the worksite manager would be sentenced to six months in prison for failure to follow proper OSHA safety procedure:

Fasle

T/F .In the case Ballatak v All Iowa Agriculture, the supreme court held that Ballatak couldn't sue for wrongful dismissal for trying to enforce the workers compensation rights of fellow employees:

True

T/F In Long v Superior Senior Care, where long was injured on the job, the court held that because long was an independent contractor, not an employee, she wouldn't get worker's comp benefits:

True

Wrongful discharge

a cause of action an employee may have if dismissed for an improper reason, such as exercising a public right or other interest protected in the employment relationship, such as protected class status under title VII

5. In right-to-work states, ______ may be prohibited

agency shops

If an employee signs an agreement that they will not recruit fellow employees for another company when they leave their current place of employment, it is called an _______

aniti raiding covenant

4. In Teamsters Local Union 523 v National Labor Relations Board, where an employee sued the union for removing his seniority when a merger of workforces occurred, the appeals court held that:

c. the union was incorrect in removing seniority benefits as part of punishment for the employee's failure to be in the union

In the Zambellli Fireworks Manf. Co. v Wood, where wood challenged the enforceability of a strict non competition clause in his employment contract, the appeals court held under Pennsylvannia law:

d. Such contracts were legal if responsible, which this one was

At the workplace employees who work around dangerous chemicals must be trained about the chemicals and what to do in case of a problem under _____

hazardous communication standard

Under the Norris La Guardia Act, federal courts are prohibited against issuing _____ in case of non-violent labor disputes

injunctions

Lockout

refusal by an employer to allow employees to work

7. If a union uses economic pressure to try to force others to stop doing business with an employer not directly involved in a primary labor dispute, it is an______, and likely illegal

secondary boycott

Retaliatory discharge - see wrongful discharge

see wrongful discharge

Noncompete agreements -

when an employer requires an employee, as a condition of employment, to agree not compete with the employer in the future for a certain time and in certain location, such agreements are not favored in some states

5. If an employee is fired for performing a public duty such as reporting for military service, there is likely a right for a suit against the employer for ________

wrongful discharge