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BADM 350 Ch 16 Employment, Immigration, & Labor Law

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Transcript of BADM 350 Ch 16 Employment, Immigration, & Labor Law

BADM 350 Ch 16 Employment, Immigration, & Labor Law
A. OBJECTIVES:
1. DISCUSS EMPLOYEE AGENCY RELATIONSHIPS
2. EXPLAIN HOW WORKERS’ COMPENSATION PROGRAMS OPERATE.
3. EXPLAIN RULES FOR UNEMPLOYMENT COMPENSATION AND FAMILY LEAVE & MEDICAL ACT.
4. DISCUSS LABOR LAW RIGHTS AND PROTECTIONS
B. WHAT IS AN EMPLOYEE AT WILL?
ONE WHO DOES NOT HAVE A WRITTEN K OF EMPLOYMENT; MAY TERMINATE EMPLOYMENT OR BE TERMINATED FOR ANY REASON AT ANY TIME.
1. CANNOT BE TERMINATED FOR ANY REASON THAT VIOLATES FEDERAL OR STATE EMPLOYMENT STATUTES.
2. IF DISCHARGED IN VIOLATION OF STATUTE, EMPLOYEE MAY BRING ACTION FOR WRONGFUL DISCHARGE.
3. EXCEPTIONS TO EMPLOYEE AT WILL TERMINATIONS:
A. IF IMPLIED EMPLOYMENT K TERMS EXIST, E.G., COMPANY EMPLOYEE POLICY MANUAL STATING TERMINATIONS WILL ONLY BE FOR MISCONDUCT, OR ORAL REPRESENTATIONS MADE BY MGMT, EMPLOYERS MAY BE BOUND BY THEM UNDER K LAW.
B. IF EMPLOYER TERMINATES AN EMPLOYEE IN VIOLATION OF COMPANY’S ESTABLISHED PROCEDURES, CAN BE HELD TO THOSE PROCEDURES.
WHAT IS AN INDEPENDENT CONTRACTOR?
PRINCIPAL DOES NOT CONTROL CONTRACTOR’S WORK.
CASE: STONHARD, INC. V. BLUE RIDGE FARMS, LLC, 2014
FACTS: SUSSMAN ENTERED INTO A CONTRACT WITH STONHARD TO INSTALL FLOORING AT BLUE RIDGE FARMS, LLC, A FOOD MANUFACTURING FACILITY IN BROOKLYN, NY. WHEN STONHARD WAS NOT PAID FOR THE WORK, THE CONTRACTOR FILED SUIT AGAINST THE FACILITY, ITS OWNER, AND SUSSMAN TO RECOVER DAMAGES FOR BREACH OF CONTRACT. WHILE STONHARD FILED A MOTION FOR SUMMARY JUDGMENT, OFFERING IN SUPPORT EVIDENCE OF THE CONTRACT WITH SUSSMAN’S NAME, THE COURT DENIED STONHARD’S MOTION AND DISMISSED THE COMPLAINT AGAINST SUSSMAN.
ISSUE: IS SUSSMAN LIABLE ON THE CONTRACT AS AN AGENT FOR BLUE RIDGE FAMS, LLC?
RULE: AN AGENT FOR AN UNDISCLOSED OR PARTIALLY DISCLOSED PRINCIPAL WILL BE LIABLE ON CONTRACTS ENTERED INTO FOR THE PRINCIPAL.
APPLICATION: SINCE SUSSMAN FAILED TO DISCLOSE HE WAS ACTING AS AN AGENT FOR BLUE RIDGE FARMS, LLC, HE IS LIABLE.
CONCLUSION: REVERSED TRIAL COURT’S DISMISSAL AND ISSUED A SUMMARY JUDGMENT IN FAVOR OF STONHARD.
WHAT DOES THE IRS USE TO DETERMINE EMPLOYMENT STATUS?
THE DEGREE OF CONTROL THE BUSINESS EXERCISES OVER THE WORKER.
C. AGENCY TYPES:
1. EXPRESS OR IMPLIED-BY CONTRACT, POA, OR OTHER DOCUMENT
2. BY RATIFICATION-AFTER THE FACT
3. BY ESTOPPEL-ONCE A PRINCIPAL REPRESENTS THAT A PERSON IS HIS/HER AGENT, THEY ARE ESTOPPED (PREVENTED) FROM DENYING THAT RELATIONSHIP. (TAINT FAIR!)
4. BY OPERATION OF LAW-FAMILY RELATIONSHIPS, EMERGENCIES.
D. AGENCY DUTIES:
1. AGENT OWES LEGAL DUTIES TO PRINCIPAL:
A. PERFORMANCE-REASONABLE DILIGENCE AND SKILL IN PERFORMING WORK
B. NOTIFICATION-NOTIFY P OF ALL MATTERS THAT COME TO AGENT’S ATTENTION AS RESULT OF AGENCY
C. LOYALTY-ACT SOLELY FOR BENEFIT OF PRINCIPAL; AVOID SELF-DEALING, USURPING BENEFICIAL OPPORTUNITIES,
CONFIDENTIALITY-WHAT GOES ON AT THE OFFICE, STAYS AT THE OFFICE.
D. OBEDIENCE-FOLLOW INSTRUCTIONS
E. ACCOUNTING-PROVIDE PRINCIPAL ALL FUNDS AND PROPERTY AND RECEIPTS INCURRED IN COURSE OF AGENCY
2. PRINCIPAL OWES AGENT LEGAL DUTIES:
A. COMPENSATION, REIMBURSEMENT, INDEMNIFICATION-AS AGREED OR NECESSITATED BY POSITION
B. COOPERATION-ASSIST AGENT IN PERFORMING DUTIES
C. SAFE WORKING CONDITIONS
E. AGENT’S AUTHORITY:
1. ACTUAL-AS EXPRESSED OR IMPLIED BY POSITION
2. APPARENT-WHERE PRINCIPAL THROUGH WORDS OR CONDUCT CAUSES A THIRD PARTY TO REASONABLY BELIEVE AGENT HAS AUTHORITY TO ACT FOR PRINCIPAL, EVEN THOUGH AGENT HAS NEITHER EXPRESS OR IMPLIED AUTHORITY TO ACT
F. LIABILITY IN AGENCY RELATIONSHIPS:
1. DISCLOSED PRINCIPAL-PRINCIPAL LIABLE ONLY
2. PARTIALLY DISCLOSED-AGENT AND PRINCIPAL LIABLE
3. UNDISCLOSED PRINCIPAL-AGENT AND PRINCIPAL LIABLE
G. TORTS AND CRIMES:
1. RESPONDEAT SUPERIOR DOCTRINE-LET THE MASTER RESPOND IMPOSES VICARIOUS LIABILITY (LIABILITY WITHOUT FAULT) FOR PRINCIPAL; AGENT ALSO LIABLE
2. PRINCIPAL NOT LIABLE FOR INDEPENDENT CONTRACTOR’S TORTS UNLESS PRINCIPAL-AGENT ACTIVITY INVOLVES INHERENTLY DANGEROUS ACTIVITIES, E.G., EXPLOSIVES, TOXIC MATERIAL, DANGEROUS ANIMALS.
3. AGENT LIABLE FOR OWN CRIMES; PRINCIPAL NOT LIABLE UNLESS PRINCIPAL PARTICIPATED IN CONSPIRACY TO SUPPORT OR AID OR ABET CRIMINAL ACTIVITY.
H. WHAT IS THE FAIR LABOR STANDARDS ACT OF 1938?
APPLIES TO PRIVATE EMPLOYERS AND EMPLOYEES ENGAGED IN INTERSTATE COMMERCE. PROHIBITS:
1. CHILDREN UNDER AGE 14 FROM WORKING, EXCEPT NEWSPAPER DELIVERIES, AGRICULTURE;
2. CHILDREN AGES 14 & 15 CAN WORK UP TO 15 HRS. P/ WEEK IN DOL APPROVED WORK, NOT DURING SCHOOL HRS;
3. CHILDREN AGES 16 & 17 MAY WORK UNLIMITED HRS. IN NONHAZARDOUS JOBS;
4. CHILDREN EMPLOYED IN AGRICULTURE AND CHILD ACTORS EXEMPT.
STATE REQUIRED TO SET MIN. WAGE, E.G., $7.25 P/HR, EXEMPTIONS FOR RESTAURANT AND STUDENT WORKERS ON DOL EXEMPTION LIST. OVERTIME PAY OF OVER 40 HRS. P/WK MUST BE PAID AT 1 ½ HR. RATE.
EQUAL PAY ACT-REQUIRES EQUAL PAY FOR EQUAL JOB CONTENT REGARDLESS OF GENDER
CASE: BALLARD V. CHICAGO PARK DISTRICT, 2014
FACTS: BEVERLY BALLARD WORKED FOR THE CHICAGO PARK DIST. SHE LIVED WITH HER MOTHER SARAH WHO SUFFERED FROM END-STAGE CONGESTIVE HEART FAILURE. BEVERLY SERVED AS HER PRIMARY CAREGIVER WITH SUPPORT FROM HORIZON HOSPICE & PALLIATIVE CARE. THE HOSPICE HELPED BEVERLY PLAN AND SECURE FUNDS FOR AN END OF LIFE GOAL—A FAMILY TRIP TO LAS VEGAS. TO ACCOMPANY HER MOTHER AS A CAREGIVER, BEVERLY REQUESTED UNPAID LEAVE UNDER THE FMLA. HER EMPLOYER DENIED HER REQUEST.

WHEN BEVERLY WENT ON THE TRIP ANYWAY, HER EMPLOYER TERMINATED HER FOR “UNAUTHORIZED ABSENCES.” WHEN SHE BROUGHT SUIT UNDER THE FMLA, THE PARK DISTRICT ARGUED SHE WAS ON A “RECREATIONAL TRIP.” THE TRIAL COURT FOUND IN BEVERLY’S FAVOR AND THE PARK DISTRICT APPEALED.

RULE: NO. THE ONLY LIMITATION IT PLACES ON CARE IS THAT THE FAMILY MEMBER MUST HAVE A SERIOUS HEALTH CONDITION.
APPLICATION: ANY WORRIES ABOUT OPPORTUNISTIC LEAVE-TAKING SHOULD BE TEMPERED BY THE FACT THAT THIS DISPUTE ARISES OUT OF THE HOSPICE AND PALLIATIVE CARE CONTEXT.
CONCLUSION: APPELLATE COURT AFFIRMED TRIAL CT. JUDGMENT IN FAVOR OF BEVERLY.
J. FAMILY AND MEDICAL LEAVE ACT OF 1993 PROVIDES:
1. APPLIES TO BUSINESSES W/ 50 OR MORE EMPLOYEES;
2. EMPLOYEE MUST HAVE WORKED FOR EMPLOYER AT LEAST 1 YR AND WORKED MORE THAN 1250 HRS DURING 1 YR;
3. EMPLOYERS REQUIRED TO PROVIDE UP TO 12 WEEKS UNPAID LEAVE FOR:
A. BIRTH OR CARE OF SON OR DAUGHTER;
B. PLACEMENT OF CHILD FOR ADOPTION OR IN FOSTER CARE;
C. SERIOUS HEALTH PROBLEM MAKING EMPLOYEE UNABLE TO PERFORM JOB (CAN BE INTERMITTANT); UP TO 3 DAYS AT A TIME;
D. CARE FOR A CHILD, SPOUSE, OR PARENT W/ SERIOUS HEALTH (INTERMITTANT) PROBLEM.
K. OCCUPATIONAL HEALTH AND SAFETY ACT (OSHA) EXEMPTS FED AND STATE EMPLOYEES:
1. IMPOSES RECORDKEEPING AND REPORTING REQUIREMENTS ON EMPLOYERS AND REQUIRES THEM TO POST NOTICES OF EMPLOYEES’ RIGHTS REGARDING SAFETY AND HEALTH IN WORKPLACE.
A. IMPOSED SPECIFIC AND GENERAL DUTY STANDARDS:
B. SPECIFIC-OSHA STANDARDS ESTABLISH SAFETY REQUIREMENTS FOR EQUIPMENT, EXPOSURE LEVELS, WEAR OF PROTECTIVE EQUIPMENT;
1. GENERAL-IMPOSES DUTY ON EMPLOYER TO PROVIDE SAFE WORK ENVIRONMENT FREE “FROM RECOGNIZED HAZARDS” CAUSING OR LIKELY TO CAUSE DEATH OR SERIOUS INJURY TO EMPLOYEES;
2. INSPECTION AND CIVIL CITATION FINE SYSTEM; WARRANTS NOT NEEDED IF HIGLY REGULATED BY GOVT, E.G., LIQUOR, EXPLOSIVES, WEAPONS, BANKING, MANUFACTURING.
3. EMPLOYER MUST REPORT TO OSHA WORK-RELATED INJURY OR DISEASE CASES/INCIDENTS.
4. EMPLOYER MUST KEEP OCCUPATIONAL INJURY AND ILLNESS RECORDS ON EACH EMPLOYEE, IF BUSINESS HAS 11 OR MORE EMPLOYEES.
L. WHAT ARE WORKERS’ COMPENSATION ACTS?
1. WORKER MUST FILE CLAIM W/ STATE WORKERS’ COMP. AGENCY;
2. IF WORKER DISAGREES W/ COMPENSATION AWARD JUDGMENT, MAY APPEAL TO WORKERS’ COMP. BD OR COMMISSION;
3. IF STILL DISSATISFIED, MAY APPEAL JUDGMENT THROUGH STATE COURT SYSTEM;
4. WORKERS MAY NOT SUE EMPLOYERS FOR DAMAGES; IT IS THEIR EXCLUSIVE REMEDY;
5. EMPLOYEE MUST PROVE INJURY OCCURRED IN COURSE OF EMPLOYMENT, WHICH INCLUDES BUSINESS LUNCH AREA IF ON COMPANY PROPERTY, OFF-PREMISES LUNCH AREAS NOT WITHIN SCOPE.
6. DOES NOT COVER INTENTIONAL TORTS NOR ACCIDENTS OCCURRING TO OR FROM WORK; EMPLOYEE MAY SUE;
7. INTENTIONAL TORTS COMMITTED BY EMPLOYERS MAY BE CAUSES FOR TORT ACTION. BE CAREFUL!
WHAT ABOUT DRUG & ALCOHOL TESTING?
1. GOVT., LAW ENFORCEMENT, HIGHLY REGULATED OR DANGEROUS WORK ENVIRONMENTS, E.G., RAILROAD, HEAVY INDUSTRIAL MANUFACTURING, CAN REQUIRE.
2. AS CONDITION OF EMPLOYMENT AFTER HIRING; ALSO AFTER ACCIDENTS AS PART OF INVESTIGATION
L. SOCIAL SECURITY ACT OF 1935 PROVIDES:
1. RETIREMENT BENFITS UNDER FED. INSURANCE CONTRIBUTIONS ACT (FICA).
A. EMPLOYEE MUST PAY 6.2% OF SALARY WHILE EMPLOYER PAYS MATCHING AMOUNT;
B. NO FURTHER CONTRIBUTIONS AFTER PAYING ON FIRST $87,000.
2. SELF-CONTRIBUTIONS ACT REQUIRES SELF-EMPLOYMENT PARTIES TO MAKE QUARTERLY CONTRIBUTIONS.
3. FAILURE TO PAY SUBJECTS OFFENDERS TO CIVIL AND CRIM. PENALTIES.
4. DISABILITY BENEFITS ACCORDING TO SCHEDULE LISTED IN CFR.
5. MEDICARE AT AGE 65, PAYS 80% OF APPROVED HOSPITAL AND CERTAIN OUTPATIENT EXPENSES; REQUIRES SALARY CONTRIBUTION IN ADDITION TO EMPLOYER MATCHING AMOUNT.
M. FED. UNEMPLOYMENT TAX ACT AND STATE LAWS REQUIRE EMPLOYERS, NOT EMPLOYEES, TO PAY INTO STATE UNEMPLOYMENT COMPENSATION FUND.
1. STATES ESTABLISH ELIGIBILITY AND AMOUNT AND DURATION OF BENEFITS.
2. TO COLLECT BENEFITS, WORKERS MUST BE AVAILABLE FOR WORK AND SEEKING EMPLOYMENT
3. WORKERS FIRED OR WHO QUIT ARE INELIGIBLE.
N. WHAT IS COBRA?
CASE: SERVICES EMPLOYEES INTERNATIONAL UNION V. NATIONAL UNION OF HEALTHCARE WORKERS, 2013
FACTS: THE UNITED HEALTH WORKERS LOCAL UNION (UHW) IS AFFILIATED WITH THE SERVICES EMPLOYEES INTERNATIONAL UNION (SEIU). SEIU, UNDER ITS CONSTITUTION, HAD THE AUTHORITY TO REALIGN LOCAL UNIONS. ITS CONSTITUTION ALSO AUTHORIZES SIEU TO PLACE UNIONS INTO TRUSTEESHIP. SIEU DECIDED TO THREE SEPARATE UNIONS INTO ONE NEW UNION CHARTERED BY SIEU.

UHW OFFICIALS OPPOSED THE REALIGNMENT MOVE. SEIU SUBSEQUENTLY PLACED UHW INTO TRUSTEESHIP. UHW OFFICIALS THEN BLOCKED ACCESS TO BUILDINGS TO PREVENT TRUSTEES FROM ENTERING. WHILE ON THE UHW PAYROLL, THEY CREATED AND PROMOTED A NEW UNION—NATIONAL HEALTHCARE WORKERS (NUHW). SEIU FILED SUIT IN FEDERAL COURT AGAINST THE NUHW, UHW, AND ITS OFFICIALS FOR BREACH OF FIDUCIARY DUTIES. A JURY RETURNED A VERDICT IN FAVOR OF SEIU AND UHW OFFICIALS APPEALED.

ISSUE: IS DIVERTING UNION RESOURCES TO WEAKEN THEIR OWN UNION AND FORM A RIVAL UNION THAT VIOLATES THE CONSTITUTION OF THE AFFILIATED INTERNATIONAL UNION CONSTITUTE A BREACH OF FIDUCIARY DUTIES?
RULE: THE LABOR MANAGEMENT REPORTING AND DISCLOSURE ACT (LMRDA) REQUIRES THE HIGHEST STANDARDS OF RESPONSIBILITY AND ETHICAL CONDUCT IN ADMINISTERING THE AFFAIRS OF THE UNION.
APPLICATION: THE LMRDA CREATES A FIDUCIARY DUTY OWED BY UNION OFFICALS TO THE UNION AS AN ORGANIZATION, NOT ONLY THE UNION’S RANK AND FILE MEMBERS. OFFICIALS WHO DIVERT RESOURCES TO FORM A NEW COMPETING UNION BREACH THIS DUTY.
K. EMPLOYEE PRIVACY IN THE WORKPLACE:
1. NO EXPECTATION WHILE USING EMPLOYER’S EMAIL AND COMPUTER SYSTEM;
2. EMPLOYERS SHOULD ANNOUNCE EMPLOYER MONITORING OF TELEPHONE AND PC COMMO; REDUCED EXPECTATION OF PRIVACY IN WORKPLACE;
3. ELECTRONIC COMMUNICATIONS PRIVACY ACT PROHIBITS INTENTIONAL INTERCEPTION OF ANY WIRE OR ELECTRONIC COMMUNICATION OR THE INTENTIONAL DISCLOSURE OF INFO OBTAINED FROM SUCH INTERCEPTION; EXCLUDED ARE COMMUNICATIONS DERIVED FROM USE OF EMPLOYER’S COMMO DEVICES IN ORDINARY COURSE OF BUSINESS, TO INCLUDE PASSWORD PROTECTED FILES.
4. PREEMPLOYMENT DRUG TESTING
5. LAWFUL AND EMPLOYMENT DRUG TESTING AUTHORIZED IF EMPLOYER HAS REASONABLE SUSPICION OF USAGE, OR AFTER AN ACCIDENT IN WORKPLACE OCCURRED, E.G., EXXON-VALDEX.
6. INTERVIEW QUESTIONS MUST BE JOB RELATED; SAME FOR JOB APPLICATION QUESTIONS.
7. GENETIC TESTING BY EMPLOYERS PROHIBITED BY GINA-GENETIC INFORMATION NONDISCRIMINATION ACT.
L. IMMIGRATION REFORM AND CONTROL ACT OF 1986:
1. MAKES IT UNLAWFUL FOR EMPLOYERS TO HIRE ILLEGAL IMMIGRANTS.
2. EMPLOYERS MUST FILE INS FORM I -9 FOR EVERY NEW EMPLOYEE REQUIRING TWO PIECES OF ID SUCH AS PASSPORT AND SOCIAL SECURITY CARD.
3. VIOLATORS SUBJECT TO CRIM. AND CIVIL PENALTIES.
4. WHAT IS E-VERIFY?
5. VIOLATORS ENTITLED TO DUE PROCESS-HEARING BEFORE ADMIN. LAW JUDGE
6. PENALTIES: $2200 FOR EACH UNAUTH. EMPLOYEE; FINES RISE TO $5000 P/EMPLOYEE SECOND OFFENSE
7. UP TO $11,000 FOR ANY OFFENSE THEREAFTER
M. LABOR LAW:
1. NORRIS-LAGUARDIA ACT OF 1932 AUTHORIZES EMPLOYEES TO ORGANIZE INTO UNIONS, REMOVING FED. COURT AUTHORITY FROM ENJOINING SUCH ACTIVITY.
2. NATIONAL LABOR RELATIONS ACT (NLRA) OF 1935: ESTABLISHED RIGHT OF EMPLOYEES TO--
A. FORM, JOIN, AND PARTICIPATE IN LABOR ORGS,
B. TO BARGAIN COLLECTIVELY W/ MGMT, AND
C. TO ENGAGE IN GROUP ACTIVITY TO PROMOTE THEIR INTERESTS,
D. PLACES AFFIRMATIVE OBLIGATION ON MGMT TO BARGAIN IN GOOD FAITH W/ UNION REPS.
3. LABOR-MANAGEMENT RELATIONS ACT OF 1945 (AKA TAFT-HARTLEY ACT):
A. EXPANDED TYPES OF ACTIVITIES UNIONS CAN ENGAGE IN;
B. GIVES EMPLOYERS FREE SPEECH RIGHTS AGAINST UNIONS PRIOR TO UNION ELECTION;
C. EMPOWERS PRES. TO SEEK INJUNCTION FOR UP TO 80 DAYS PROHIBITING STRIKES THAT WOULD CREATE NATIONAL EMERGENCY, E.G. 1951 STEEL CO. SEIZURES BY PRES. TRUMAN.
4. LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959 (LANDRUM-GRIFFIN ACT):
A. REQUIREMENT FOR REGULARLY SCHEDULED UNION ELECTIONS (TEAMSTERS AND JIMMY HOFFA)
B. PROHIBITION AGAINST COMMUNISTS AND EX-CONVICTS FROM HOLDING \UNION OFFICE;
C. REQUIRES ACCOUNTABILITY FOR UNION FUNDS AND PROPERTY BY UNION OFFICERS.
D. WHAT IS AN APPROPRIATE BARGAINING UNIT?
1. AT LEAST 30% OF EMPLOYEES MUST SIGN PETITION TO HAVE UNION ORGANIZING ELECTION.
2. SUPERVISED BY NLRB IF MGMT OPPOSES, WHICH THEY ROUTINELY DO.
3. 51% OF EMPLOYEES MUST APPROVE UNION TO HAVE IT REPRESENT BARGAINING UNIT.
4. DECERTIFICATION OF UNION FROM REPRESNETING UNION WORKS SAME PROCESS.
5. UNION SOLICITATION BY FELLOW EMPLOYEES AUTHORIZED IN WORK BREAK AREAS; OFFDUTY EMPLOYEES NOT WORKING CAN BE BARRED FROM UNIONIZING ACTIVITY AND NONEMPLOYEES MAY BE BARRED FROM COMPANY PREMISES. EMPLOYERS MAY DISMISS EMPLOYEES WHO VIOLATE THESE RULES.
MANAGEMENT CAN:
A. ADDRESS WORKERS DURING WORKTIME AGAINST UNIONIZATION AND NEED NOT GIVE UNION SUPPORTERS AN OPPORTUNITY FOR REBUTTAL;
B. NOT MAKE THREATS OF REPRISAL IF EMPLOYEES VOTE TO UNIONIZE OR TAKE ACTIONS TO INTIMIDATE EMPLOYEES;
C. NOT MAKE SPEECHES WITHIN 24 HRS OF ELECTION.
F. COLLECTIVE BARGAINING PROCESS:
1. NEGOTIATION BETWEEN MGMT AND LABOR CALLED COLLECTIVE BARGAINING, WHEREAS AN AGREEMENT REFERRED TO AS COLLECTIVE BARGAINING AGREEMENT.
2. MUST NEGOTIATE IN GOOD FAITH; NO TAKE-IT-OR LEAVE IT PROPOSALS.
3. WHAT ARE COMPULSORY SUBJECTS?
4. WHAT ARE PERMISSIVE SUBJECTS?
SIZE AND COMPOSITION OF SUPERVSIORY CHAIN, LOCATION OF PLANTS, CORP. REORGANIZATIONS, ALMOST ANYTHING ELSE, ALTHOUGH MGMT RETAINS RIGHT TO DICTATE HOW WORK PERFORMED.
5. WHAT ARE UNION SECURITY TYPES?
A. UNION SHOP-STATES WHERE EMPLOYEES MUST JOIN UNION AND PAY DUES WITHIN 30 DAYS NORMALLY AS CONDITION FOR RETAINING ENPLOYMENT; S.D. NOT UNION SHOP STATE LIKE CALIF.
B. AGENCY SHOPS-EMPLOYEES DO NOT HAVE TO JOIN UNION, BUT DO HAVE TO PAY FEE EQUAL TO UNION DUES.
WHAT IS FEATHERBEDDING?
STRIKES: WHAT IS A STRIKE?
1. WHAT IS AN EMPLOYER LOCKOUT?
IF EMPLOYER ANTICIPATES A STRIKE BY EMPLOYEES, EMPLOYER MAY REFUSE EMPLOYEES ENTRANCE TO PROPERTY.
2. WHAT ARE CROSSOVER WORKERS?
EMPLOYEES WHO CHOOSE NOT TO STRIKE OR TO REPORT FOR WORK CROSSING PICKET LINES. EMPLOYERS MAY HIRE TEMP. OR REPLACEMENT WORKERS FOR STRIKING ONES.
3. PROHIBITED STRIKES:
a. VIOLENT STRIKES;
b. SIT-DOWN STRIKES;
c. PARTIAL OR INTERMITTANT STRIKES;
d. WILDCAT STRIKES-NOT AUTHORIZED BY UNION;
e. UNIONS MUST GIVE EMPLOYER AT LEAST 60 DAYS PRIOR TO STRIKING, AND IF THEY STRIKE INSIDE THAT PERIOD, IT IS ILLEGAL;
f. STRIKES THAT VIOLATE A NO-STRIKE CLAUSE IN CBA.
4. PICKETING LAWFUL UNLESS:
a. ACCOMPANIED BY VIOLENCE;
b. OBSTRUCTS CUSTOMERS FROM ENTERING PREMISES;
c. PREVENTS NONSTRIKING EMPLOYEES FROM ENTERING PREMISES;
d. PREVENTS PICKUPS AND DELIVERIES AT EMPLOYERS’ PLACE OF BUSINESS.
e. INJUNCTION OPTION FOR VIOLATIONS.
f. SECONDARY BOYCOTTS LAWFUL ONLY IF AGAINST COMPANY’S PRODUCT, NOT AGAINST NEUTRAL PARTY, E.G., CALIF. GRAPE BOYCOTT OF LATE 1960’S & CESAR CHAVEZ.
5. WHAT IS AN UNFAIR LABOR PRACTICE (ULP)?
A. ANY INTERFERENCE, COERCION, OR RESTRAINT W/ EMPLOYEES FROM EXERCISING THEIR STATUTORY RIGHT TO FORM AND JOIN UNIONS.
B. THREATS TO TAKE ACTION IF WORKERS JOIN UNION CONSTITUTE A ULP.
C. ACTIONS THAT INTERFERE W/ UNION ELECTION ARE ALSO ULPS.
6. NLRB CAN ISSUE CEASE AND DESIST ORDERS PROHIBITING ULP.
7. WORKERS CANNOT PERFORM UNION ACTIVITIES ON COMPANY TIME.
8. EMPLOYEES MAY WALK OFF THE JOB IF WORKING CONDITIONS ARE UNSAFE; OTHER WORKERS MUST BE AFFECTED BY THE SAME CONDITION FOR THE EMPLOYEE TO BE PROTECTED.
CONCLUSION: AFFIRMED TRIAL COURT JUDGMENT FOR SEIU PLAINTIFF.
STATE LAWS CREATING AN ADMINISTRATIVE PROCEDURE FOR WORKERS TO RECEIVE COMPENSATION FOR INJURIES OCCURRING ON THE JOB.
MUST RELATE TO THE JOB.
CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT OF 1985. REQUIRES EMPLOYERS TO PROVIDE CONTINUED ACCESS TO COMPANY HEALTH PLANS AT GROUP RATE AT FORMER EMPLOYEE PERSONAL EXPENSE AFTER EMPLOYMENT TERMINATION.
THE GROUP THAT THE UNION IS SEEKING TO REPRESENT; MGMT EMPLOYEES CANNOT BELONG.
WAGES, HOURS, AND WORKING CONDITIONS, TO INCLUDE FRINGE BENEFITS, HEALTH CARE, RETIREMENT, SAFETY, ALL NEGOTIABLE.
ISSUE: DOES THE FMLA RESTRICT CARE TO A PARTICULAR PLACE OR GEOGRAPHIC LOCATION?
NOTE: IN PRIVATE BACKGROUND CHECK BY POTENTIAL PRIVATE EMPLOYER, NEED APPLICANT’S PERMISSION TO REQUEST CONFIDENTIAL INFO.
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