(9) The term “labor dispute” includes any controversy concerning terms, tenure or conditions of employment , or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the ...
What does section 9 of the National Labor Relations Act establish?
Section 9(a) of the National Labor Relations Act (NLRA) establishes the representation and collective bargaining requirements when a union is selected by a majority of employees as their representative.
What is a 9 a agreement?
A 9(a) relationship is generally established by either an NLRB-certified election or an employer’s voluntary grant of union recognition based on a contemporaneous showing of union support by a majority of employees in the bargaining unit.
What is Section 8 of the National Labor Relations Act?
Section 8(a) addresses employers’ obligations pertaining to unfair labor practices , or ULPs. Employers are prohibited from activities that interfere with their employees’ rights to act collectively.
Can you stop employees from discussing pay?
in 2015, Governor Jerry Brown signed the California Equal Pay Act , a piece of legislation determined to expand existing anti-discrimination laws in California workplaces. The Act prohibits employers from forbidding employees from discussing their wages or the wages of other employees.
Are NLRB decisions binding?
An administrative law judge’s decision is not binding legal precedent in other cases unless it has been adopted by the Board on review of exceptions; these judges function much like trial court judges hearing a case without a jury.
What is the basic purpose of the Landrum Griffin Act?
The Landrum-Griffin Act sought to prevent such improper practices by labor organizations, employers, and others by establishing a Bill of Rights for union members , implementing reporting and disclosure requirements, and creating standards for the election of officers of labor organizations, among other rules and ...
What is an 8 F agreement?
Section 8(f) is said to have arisen to address the unique nature of the construction industry where the size of an employer’s workforce can fluctuate from project to project, where projects can be short term in nature, and where employees migrate to different construction industry employers frequently.
What are Section 7 rights?
Section 7 of the National Labor Relations Act (the Act) guarantees employees “ the 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 ...
Can I sue my employer for coercion?
There are occasions when an employee finds the work environment too hostile, intolerable or dangerous to continue working for an organization. ... In such cases, an employee can still sue the employer . Even if the employee has been coerced into submitting a resignation, they may file a wrongful termination claim.
Can an employer disclose your salary without your permission?
In the United States, employers are not prohibited from double-checking job applicants’ quoted salary figures. ... Unless they’ve been issued a subpoena, U.S.-based employers are under no legal obligation to disclose any information about current or former employees .
Can HR disclose your salary?
Pursuant to Labor Code section 432.3, an applicant may voluntarily disclose his or her salary history information to a prospective employer, as long as it is being done without prompting from the prospective employer.
What is Labour Relations Act 66 of 1995?
This Act regulates the organisational rights of trade unions and promotes and facilitates collective bargaining at the workplace and at sectoral level . It also deals with strikes and lockouts, workplace forums and alternative dispute resolution.
Can I tell my coworker my salary?
Your right to discuss your salary information with your coworkers is protected by the federal government. According to The New York Times, the National Labor Relations Act states that employers can’t ban the discussion of salary and working conditions among employees. ... Only your coworkers can tell you their salaries .
How do I appeal an NLRB decision?
If either the employer or employee is dissatisfied with the decision handed down by the NLRB, then they will need to file their appeal with the General Council members . After being submitted, you will then need to wait to hear from the General Counsel.
How does a case get to the NLRB?
When complaints of Unfair Labor Practices issued by regional directors do not lead to settlement, they typically result in a hearing before an NLRB Administrative Law Judge. As in any court proceeding, both parties prepare arguments and present evidence, witnesses, and experts.
Does NLRB hear cases?
Administrative Law Judge Decisions After a Regional Director issues a complaint in an unfair labor practice case, an NLRB Administrative Law Judge hears the case and issues a decision and recommended order, which can then be appealed to the Board in Washington.
What is the difference between the Wagner Act the Taft Hartley Act and the Landrum-Griffin Act?
Following adoption of the Taft-Hartley Act, a number of states enacted so-called “right to work” laws, which banned both closed and agency shops. The Wagner Act was further amended by the Landrum-Griffin Act (1959), which banned secondary boycotts and limited the right to picket .
Which of the following is a major provision of the Landrum-Griffin Act?
Which of the following is a major provision of the Landrum-Griffin Act? It created a Bill of Rights for union members . The National Mediation Board was created by the: Railway Labor Act.
Who sponsored Landrum-Griffin Act?
Subsequent operation. Twenty years after the passage of the Act, co-sponsor Senator Robert Griffin wrote, Today, nearly two decades after enactment, it is undeniable that the Landrum-Griffin Act has played a significant role in enabling union members to participate more freely in the affairs of their unions.
What does the National Labor Relations Act do?
Congress enacted the National Labor Relations Act (“NLRA”) in 1935 to protect the rights of employees and employers, to encourage collective bargaining, and to curtail certain private sector labor and management practices , which can harm the general welfare of workers, businesses and the U.S. economy.
What is a pre hire agreement?
The term prehire agreement refers to an agreement between an employer and a union entered into prior to the hiring of any employees .
What qualifies as an unfair labor practice?
Examples of Unfair Labor Practices
An employer commits an unfair labor practice if it interferes with your right to join, organize , or help a union, your right to be involved in collective bargaining, or your right to be involved in protected concerted activities with other employees.
What are the primary rights protected under the National Labor Relations Act?
UNDER THE NATIONAL LABOR RELATIONS ACT
The NLRA guarantees the right of employees to organize and bargain collectively with their employers, and to engage in other protected concerted activity . Employees covered by the NLRA* are protected from certain types of employer and union misconduct.
What are examples of unfair labor practices?
- Interference, restraint, or coercion. ...
- Employer domination or support of a labor organization. ...
- Discrimination on the basis of labor activity. ...
- Discrimination in retaliation for going to the NLRB. ...
- Refusal to bargain.
What is unfair termination of employment?
A termination is unfair if the employer fails to prove that the reason for termination is not fair or the that the termination was made in accordance with a fair procedure of the Labour Act .
What is Schedule 8 of the Labour Relations Act?
—(1) A dismissal is unfair if it is not effected for a fair reason and in accordance with a fair procedure, even if it complies with any notice period in a contract of employment or in legislation governing employment.
What is the difference between Section 189 and 189A?
189 deals with the situation where the employer wants to single out employees “here and there” as it were, and S. 189A deals with the situation where the employer wants to retrench at least 10 or more employees, and employs more than 200 employees .
What is the Employment Equity Act 55 of 1998?
To ensure that everyone enjoys equal opportunity and fair treatment in the workplace, the Employment Equity Act, No 55 of 1998 was enacted into law. ... The Employment Equity Act protects you, and your rights , from any form of discrimination by your employer.
Is termination really a coercive power?
Coercive power is the ability to control others through the fear of punishment or the loss of valued outcomes (PSU WC, 2014, L. 7). A few examples of coercive power in an organization are termination, demotion, revoking privileges, or suspension.
What are reasons to sue your employer?
- Illegal Termination. While employment may be terminated at any time in an at-will employment state, there are still ways an employer may illegally terminate an employee. ...
- Deducting Pay. ...
- Personal Injuries. ...
- Employee Discrimination. ...
- Sexual and Workplace Harassment. ...
- Retaliation. ...
- Defamation.
What is salary transparency?
Salary transparency is an approach to pay and compensation that is the exact opposite of the longstanding norm among most employers, in which what the organization pays to whom is kept largely secret.
Should I be paid the same as my colleague?
People doing the same job or work of equal value should get the same or equal pay ; but in many cases they don’t, even though though the law says they should. UNISON actively campaigns for fair and equal pay. ... If your employer is not treating you equally, they are breaking the law.
Can my boss tell other employees my personal information?
Generally, an employer can disclose private information only if the disclosure is required by law or if there is a legitimate business need . Take, for example, an employer who has information about the dangerous mental state of one if its employees. ... These same rules apply to employee surveillance.
Which states have a salary history ban?
Here are the states with state-wide salary history bans: Alabama, California, Colorado, Connecticut, Delaware, DC, Hawaii, Illinois, Maine, Maryland , Massachusetts, New Jersey, New York, North Carolina, Oregon, Pennsylvania (state agencies only), Vermont, Virginia and Washington.
Can a new employer ask for proof of salary?
California’s ban prohibits private and public employers from seeking a candidate’s pay history . ... The law also requires employers to give applicants pay scale information if they request it.
Can an employer speak to other employees about other coworkers?
With few exceptions, employers shouldn’t engage in discussions about other employees or disclosures concerning employees with their coworkers.
Why do new hires get paid more?
Wage compression can occur when a company has a history of infrequent raises or salary increases. It may also occur if a change in leadership, structure or market calls for the company to entice new talent by using higher wages or higher total compensation packages.
Do you have to tell your boss why you’re calling out?
Is it legal for an employer to ask why you are sick? No federal law prohibits employers from asking employees why they are out sick . They are free to ask questions such as when you expect to return to work. They may also require you to furnish proof of your illness, such as a note from a physician.
Is it rude to ask about salary during an interview?
You need timing and tact
By the second interview, it’s usually acceptable to ask about compensation, but tact is key. Express your interest in the job and the strengths you would bring to it before asking for the salary range.
