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AAD 650, Unit 15: Labor and Employment Law

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UK Arts Administration

on 3 February 2016

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Transcript of AAD 650, Unit 15: Labor and Employment Law

Labor and Employment Law
Unit 15:
I. The National Labor Relations Act (1935)
II. The Taft-Hartley Act (1947)
III. The Landrum-Griffin Act
IV. Unfair Labor Practices Claims in the Entertainment Industry
V. Title VII and Equal Employment Opportunity
VI. Equal Employment Opportunity in Entertainment
interference, restraint, or coercion of employees in relation to the exercise of their rights to join unions.
interference with formation or running of a labor union (including an employer making any payments to a union)
discrimination in hiring or any term of employment because of union activity
retaliation against any employee who filed an unfair labor practices claim or who testified in an unfair labor practices case
refusing to bargain collectively
Mission









Providing a legal framework for an election to determine union representation and also to provide for decertification of a union if employees no longer wish to be represented by the union.
Investigation of unfair labor practices charges.
Attempting to reach settlement with the parties if an unfair labor practices claim has merit.
Deciding unfair labor practices cases. The NLRB is made up of five board members, who hear cases and decide cases based on the evidence presented to them. These Board members are appointed by the President, with the advice and consent of the Senate, to five year terms.
Enforcing orders made by the NLRB. If one side of a dispute does not comply with the determination of the NLRB, the Board will seek to enforce their decision through a direct appeal to the Court of Appeals.
Practices:













Practices:













Unions may not coerce employees in the selection of their representatives for collective bargaining.
Unions cannot cause an employer to discriminate against an employee for not participating in union activities.
Unions cannot engage in a secondary boycott, which is “an attempt to stop others from purchasing products from, performing services for, or otherwise doing business with a company that does business with another company that is in the midst of a labor dispute.”
Unions cannot refuse to negotiate with employers over mandatory subjects of bargaining.
Unions cannot charge excessive or discriminatory initiation fees or union dues.
Unions cannot cause an employer to pay them for goods/services not provided.
READ: Taft-Hartley and Actors




READ: An Example Union Unfair Labor Practices - SAG/AFTRA

http://www.hollywoodpassport.net/paying-your-dues/the-unions-sag-aftra-and-equity/
http://www.nrtw.org/special-bulletin-actors-and-actresses
All union members may attend union meetings
Union members shall have a vote in union business
Union voting will be conducted by secret ballot
No union funds shall go toward any activities not benefiting the union or its members
“In September 2006, Blue Man Group filed a petition for review of the NLRB’s order in the United States Court of Appeals for the District of Columbia Circuit. Blue Man Group argued that the musical technicians, who work side by side with the stage crew, should have been included in the bargaining unit and, for this reason, the NLRB’s election and resulting certification of Local 720 as the bargaining representative were invalid. In October, the NLRB filed a cross-petition for enforcement of its order.
The union has also filed charges of federal unfair labor practices with the NLRB Las Vegas office, contending that Blue Man Group illegally changed the show’s work rules and fired a key union supporter.

On June 10, 2008, the United States Court of Appeals for the District of Columbia Circuit ruled in favor of the NLRB and denied Blue Man Group’s petition for review. Following this decision upholding the election, Blue Man Group and the Union promptly began negotiations for a collective bargaining agreement.”
“In September 2006, Blue Man Group filed a petition for review of the NLRB’s order in the United States Court of Appeals for the District of Columbia Circuit. Blue Man Group argued that the musical technicians, who work side by side with the stage crew, should have been included in the bargaining unit and, for this reason, the NLRB’s election and resulting certification of Local 720 as the bargaining representative were invalid. In October, the NLRB filed a cross-petition for enforcement of its order.
The union has also filed charges of federal unfair labor practices with the NLRB Las Vegas office, contending that Blue Man Group illegally changed the show’s work rules and fired a key union supporter.

On June 10, 2008, the United States Court of Appeals for the District of Columbia Circuit ruled in favor of the NLRB and denied Blue Man Group’s petition for review. Following this decision upholding the election, Blue Man Group and the Union promptly began negotiations for a collective bargaining agreement.”
“In September 2006, Blue Man Group filed a petition for review of the NLRB’s order in the United States Court of Appeals for the District of Columbia Circuit. Blue Man Group argued that the musical technicians, who work side by side with the stage crew, should have been included in the bargaining unit and, for this reason, the NLRB’s election and resulting certification of Local 720 as the bargaining representative were invalid. In October, the NLRB filed a cross-petition for enforcement of its order.
The union has also filed charges of federal unfair labor practices with the NLRB Las Vegas office, contending that Blue Man Group illegally changed the show’s work rules and fired a key union supporter.

On June 10, 2008, the United States Court of Appeals for the District of Columbia Circuit ruled in favor of the NLRB and denied Blue Man Group’s petition for review. Following this decision upholding the election, Blue Man Group and the Union promptly began negotiations for a collective bargaining agreement.”
“In September 2006, Blue Man Group filed a petition for review of the NLRB’s order in the United States Court of Appeals for the District of Columbia Circuit. Blue Man Group argued that the musical technicians, who work side by side with the stage crew, should have been included in the bargaining unit and, for this reason, the NLRB’s election and resulting certification of Local 720 as the bargaining representative were invalid. In October, the NLRB filed a cross-petition for enforcement of its order.
The union has also filed charges of federal unfair labor practices with the NLRB Las Vegas office, contending that Blue Man Group illegally changed the show’s work rules and fired a key union supporter.

On June 10, 2008, the United States Court of Appeals for the District of Columbia Circuit ruled in favor of the NLRB and denied Blue Man Group’s petition for review. Following this decision upholding the election, Blue Man Group and the Union promptly began negotiations for a collective bargaining agreement.”
That there is no reasonable cause for the discrimination complaint, in which case the EEOC will provide a “right-to-sue” letter, allowing the employee to sue in federal court, as the employee has exhausted EEOC remedies, or abandon the case.
That there is a reasonable cause to charge the employer with discrimination, in which case the EEOC will first attempt to meet with the parties and resolve the claim or, if that fails, the EEOC will file suit on behalf of the employee in federal court.
That there is no reasonable cause for the discrimination complaint, in which case the EEOC will provide a “right-to-sue” letter, allowing the employee to sue in federal court, as the employee has exhausted EEOC remedies, or abandon the case.
That there is a reasonable cause to charge the employer with discrimination, in which case the EEOC will first attempt to meet with the parties and resolve the claim or, if that fails, the EEOC will file suit on behalf of the employee in federal court.
Disparate Treatment
Disparate Impact
That the action the employer took was for a legitimate, non-discriminatory reason – such as employee malfeasance on the job
That there was discrimination, but the basis for the discrimination is a “bona fide occupational qualification” (BFOQ). This defense is NEVER available in race or color cases, only in gender, religion, and national origin cases. (ex. being female was deemed to be a legitimate BFOQ for being a Playboy bunny in a Playboy club).
Business necessity – only a defense in disparate impact cases, this defense proves that a policy which has a disparate impact is a legitimate requirement of the job. This is very hard to prove.
That the action the employer took was for a legitimate, non-discriminatory reason – such as employee malfeasance on the job
That there was discrimination, but the basis for the discrimination is a “bona fide occupational qualification” (BFOQ). This defense is NEVER available in race or color cases, only in gender, religion, and national origin cases. (ex. being female was deemed to be a legitimate BFOQ for being a Playboy bunny in a Playboy club).
Business necessity – only a defense in disparate impact cases, this defense proves that a policy which has a disparate impact is a legitimate requirement of the job. This is very hard to prove.
That the action the employer took was for a legitimate, non-discriminatory reason – such as employee malfeasance on the job
That there was discrimination, but the basis for the discrimination is a “bona fide occupational qualification” (BFOQ). This defense is NEVER available in race or color cases, only in gender, religion, and national origin cases. (ex. being female was deemed to be a legitimate BFOQ for being a Playboy bunny in a Playboy club).
Business necessity – only a defense in disparate impact cases, this defense proves that a policy which has a disparate impact is a legitimate requirement of the job. This is very hard to prove.
interference, restraint, or coercion of employees in relation to the exercise of their rights to join unions.
interference with formation or running of a labor union (including an employer making any payments to a union)
discrimination in hiring or any term of employment because of union activity
retaliation against any employee who filed an unfair labor practices claim or who testified in an unfair labor practices case
refusing to bargain collectively
interference, restraint, or coercion of employees in relation to the exercise of their rights to join unions.
interference with formation or running of a labor union (including an employer making any payments to a union)
discrimination in hiring or any term of employment because of union activity
retaliation against any employee who filed an unfair labor practices claim or who testified in an unfair labor practices case
refusing to bargain collectively
Providing a legal framework for an election to determine union representation and also to provide for decertification of a union if employees no longer wish to be represented by the union.
Investigation of unfair labor practices charges.
Attempting to reach settlement with the parties if an unfair labor practices claim has merit.
Deciding unfair labor practices cases. The NLRB is made up of five board members, who hear cases and decide cases based on the evidence presented to them. These Board members are appointed by the President, with the advice and consent of the Senate, to five year terms.
Enforcing orders made by the NLRB. If one side of a dispute does not comply with the determination of the NLRB, the Board will seek to enforce their decision through a direct appeal to the Court of Appeals.
Providing a legal framework for an election to determine union representation and also to provide for decertification of a union if employees no longer wish to be represented by the union.
Investigation of unfair labor practices charges.
Attempting to reach settlement with the parties if an unfair labor practices claim has merit.
Deciding unfair labor practices cases. The NLRB is made up of five board members, who hear cases and decide cases based on the evidence presented to them. These Board members are appointed by the President, with the advice and consent of the Senate, to five year terms.
Enforcing orders made by the NLRB. If one side of a dispute does not comply with the determination of the NLRB, the Board will seek to enforce their decision through a direct appeal to the Court of Appeals.
All union members may attend union meetings
Union members shall have a vote in union business
Union voting will be conducted by secret ballot
No union funds shall go toward any activities not benefiting the union or its members
All union members may attend union meetings
Union members shall have a vote in union business
Union voting will be conducted by secret ballot
No union funds shall go toward any activities not benefiting the union or its members
Full transcript