WGU C233 Employment Law Study Guide Rated A

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WGU C233
Nov 5, 2023
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WGU C233 Employment Law Study Guide Rated A+ Identify the role of the National Labor Relations Board (NLRB). ✔✔ The National Labor Relations Board is the federal agency given power to safeguard employees' rights to organize and to determine whether to have unions as a bargaining representative. the NLRB acts to prevent and remedy unfair labor practices committed by private sector employers and unions. The NLRB provides the legal framework and supervision for union elections and decertification in the private sector the agency is empowered to investigate charges by employees, unions, or management of unfair labor practices. What is the National Labor Relations Act, also known as the Wagner Act of 1935? ✔✔ the NLRA established the right of workers to form unions, collectively bargain, and strike. Describe the Labor Management Relations Act (LMRA), also known as the Taft-Hartley Act, of 1947. ✔✔ was designed to curb union overreaching & also prohibited wildcat strikes (strikes not authorized by the union), solidarity or political strikes, secondary boycotts (employment action in support of another union), secondary and mass picketing, monetary donations by unions to federal political campaigns, and closed shops. Describe the major impacts of the Labor Management Reporting and Disclosure Act, also known as the Landrum-Griffin Act, of 1959. ✔✔ -LMRDA created a union member "bill of rights" which
included the right to attend union meetings, vote in elections and on union business, and nominate and vote for candidates in secret election -members were now authorized, after the exhaustion of union grievance procedures, to bring the union to court, and were entitled to due process -notice and an opportunity to be heard - prior to any union discipline. -unions were required to hold elections for officers every three years, and candidates for office could have access to voter rolls. -unions were compelled to submit annual financial reports to the Department of Labor and were limited in the temporary suspension of union democratic processes -standards were defined and put in place for increasing union dues. -The LMRDA made it a federal crime to embezzle or steal union funds. Define the steps in the union organization process. ✔✔ 1.must submit a petition to the NLRB which identifies that at least 30 percent of the constituent workers are interested. 2. The NLRB then investigates to make sure that it has jurisdiction, the union is qualified, and there are no existing labor contracts barring an election. 3. Once the NLRB approves, the organizing agents reach an election agreement between the employer and union regarding time and place for balloting, the ballot language, the scope of the unit, and a method to determine voter eligibility 4. The parties then authorize the NLRB to conduct the election. If the parties cannot agree on the election specifics, the NLRB may schedule a hearing and then order the election and set its conditions according to NLRB rules. 5. Upon completion of a legitimate and fair election, the NLRB certifies the winning union as the exclusive bargaining representative for the employees.
Describe the collective bargaining process. ✔✔ The union then commences negotiations with the employer on behalf of the workers to form a new contract which governs the working relationship between the parties he importance of the formation of the union cannot be overstated for the workers. Under the process of collective bargaining, it is the union that is the sole representative of the workers' interests, and no individual may negotiate a private work arrangement with the employer. However, the legal right of a union to collectively bargain gives workers a unified voice in seeking improvements in the terms and conditions of employment. Compare unfair labor practices for management and labor. ✔✔ Under the NLRA, an employer has engaged in an unfair labor practice when it: -Interferes with employees as they engage in concerted activity -Dominates or assists a labor union> the efforts of an employer to co-opt the union by sponsoring activities, providing for union expenses, offering perks to union elites, and seeking the election of a particular worker to a union position all constitute unfair labor practices- Discriminates against any worker because of union activity -Punishes a worker for filing charges with the NLRB -Fails to bargain collectively in good faith with the union>The employer's duty to bargain in good faith includes an affirmative obligation to supply the union with information that is "relevant and necessary" for the union to bargain intelligently and effectively, and failure to do so is considered an unfair labor practice. an unfair labor practice occurs when the union: Interferes with any employee's rights under the NLRA -Aids an employer in discriminating or interfering with union activities
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