Ch. 1: The Evolution of the Contemporary Workplace
I. Introduction
a. Employment law: governs individual rights (CL or statutory)
b. Labor law: collective rights; governs organization
c. THEMES of the book:
i. Imp
...
Ch. 1: The Evolution of the Contemporary Workplace
I. Introduction
a. Employment law: governs individual rights (CL or statutory)
b. Labor law: collective rights; governs organization
c. THEMES of the book:
i. Importance of employment relationship/work [to individuals and society] & why it’s interesting
II. Brief History of American Labor Law
a. The Artisanal Period: The Transition from Empl Rts Based on Stats to ‘Free Labor’ [1600-1890]
Boundaries of Collective Representation
I. Introduction
a. Problems of Microsoft Permanent Temps
i. Subcontracted EEs work on same campus as permanent EEs
ii. Current law: perma-temps are not EEs of Microsoft (they are EEs of the subcontractor)
1. T&Cs of perma-temps’ employment are more similar to the permanent EEs then the other temp EEs of the temp agency (but they may have to organize with these other EEs of the temp agency)
Ch. 3: Collective Action and Representation
I. Introduction
II. Concerted activity for mutual aid and protection
a. Concerted activity
i. Social Media
1. “Break room” in cyber space
2. ERs’ social media policies
a. Generally: Board will say that if EE makes a comment on Facebook about employment and other EEs comment on it, it counts as “concerted activity” that is protected
b. BUT if EE makes comment and non-EEs respond or it is an individual gripe—not concerted and not protected (can be fired)
Ch. 4: Establishing Collective Representation
I. Introduction
a. ER can prohibit EEs from talking about the union during work time, but cannot prohibit it in the break room [unless can show a significant interference with business interest]
i. ER has a property right
b. ER’s private property interest v. EE’s statutory right to associate under NLRA
i. CL - you can limit people’s access; you can invite them, but limit the purpose of their visit (could even do this with EEs)
ii. NLRA – EEs got a statutory right to associate & ERs can’t interfere with this right
Ch. 5: Collective Bargaining
I. Introduction
a. Negotiations: have to have some leverage
i. You get taken in any agreement that you can’t walk away from
ii. Strategy re: when you ask for things
iii. NLRB: have to have someone who has authority to make a deal IN the room
Ch. 5: Collective Bargaining
I. Introduction
a. Negotiations: have to have some leverage
i. You get taken in any agreement that you can’t walk away from
ii. Strategy re: when you ask for things
iii. NLRB: have to have someone who has authority to make a deal IN the room
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