Law > Class Notes > LER401: The Law of Labor-Management Relations. Complete Study and Class Notes (32 Pages) (All)

LER401: The Law of Labor-Management Relations. Complete Study and Class Notes (32 Pages)

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Section 8(a)(3) REMEDIES When the GC Victorious in Normal* 8(a)(3) Case, Victims Get 4-Part Remedy: 1. Reinstatement 2. Back Pay 3. Order Directing Firm To Cease and Desist 4. 60-Day Notice Posting Notice (Conspicu ...

Section 8(a)(3) REMEDIES When the GC Victorious in Normal* 8(a)(3) Case, Victims Get 4-Part Remedy: 1. Reinstatement 2. Back Pay 3. Order Directing Firm To Cease and Desist 4. 60-Day Notice Posting Notice (Conspicuous Places) *Assuming Vicitm (“Discriminatee”) Is NOT UNdocumented The Case of the Undocumented Worker In Sure-Tan case (1984), the U.S. Supreme Court ruled that the Board may not order reinstatement when, as of that time, a discriminatee lacks authorization to be in US. In Hoffman Plastic Compounds (2002) one of our readings for today, the issue before the U.S. The rulings in Sure-Tan (1984) “PLUS” Hoffman Plastic Compounds (2002) produce the following “bottom line” in cases under the NLRA Exclusive Representation under Section 9 of NLRA Issue Like the One in Hoffman Plastic, but… Involving Race/Sex Discrimination Issue Like the One in Hoffman Plastic, but… Involving Race/Sex Discrimination Exclusive Representation Exclusive Representation Implications of fact that Exclusive Rep Represents “ALL” Employees How can employees “designate” an exclusive rep? (cont’d.) Later Stages of organizing campaign: 2 major ways for employees to empower U as their exclusive rep. 1) If and only if the employer is willing, via a “card check” – if the “checker” determines, “yes, there’s a majority for the union,” then employer extends ”voluntary recognition” (relatively rare); 2) In most cases, by majority of them voting “yes” in NLRB-conducted representation election, following which NLRB “certifies” union as ER. What Does an NLRB “Ballot” Look Like? What Does It Ask? Applying Rules of Exclusive Representation to Different NLRB Repr’n. Election Results Exclusive Representation from Employees’ Point of View Exclusive Representation: Important Distinction about “Membership Once there IS a union acting as exclusive representative, employer must recognize and bargain in good faith with only that union over terms and conditions of bargaining unit employees. Exclusive Representation (E-R) from Employer Point of View In Steele v. Louisville and Nashville Railroad (US Sup Ct, 1945), a union represented both white and black railroad workers in CB.

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