The major bureaus and agencies within the DOL are the Employment and Training Admin-istration, Employee Benefits Security Adminis-tration, Employment Standards AdminisAdminis-tration, Oc
Trang 1In the mid-1950s Kunstler successfully represented a local leader of the National Association for the Advancement of Colored People (NAACP) who had been denied housing because he was black In 1956 a black journalist had his passport confiscated for violating a national ban on travel to China; he was later arrested on return from Cuba for entering the United States without a passport—in violation
of an old federal statute Kunstler persuaded an appellate court to find the statute unconstitu-tional The case had been referred to him by the
AMERICAN CIVIL LIBERTIES UNION (ACLU), and a bigger assignment would soon be on the way
Meanwhile, he wrote Beyond a Reasonable Doubt? (1961) about the 1960 conviction and execution of CARYL CHESSMAN, a case that had provoked international outrage
In 1961 the ACLU sent Kunstler to Jackson, Mississippi, where CIVIL RIGHTS workers were being abused by southern police officers and the courts Known as the Freedom Riders, these young white and black people tried to force integration by riding interstate buses, flouting segregation laws Beatings awaited them, fol-lowed by arrests and quick convictions for disturbing the peace Kunstler found only hostility in courtrooms throughout the state
He lost case after case He asked Mississippi governor Ross Barnett for help, but Barnett only lectured him on the need for segregation Then Kunstler and a fellow attorney, William Higgs, devised an ingenious strategy: discovering an
1866 law designed to protect ex-slaves, they used it to have the cases of civil rights workers removed from state courts and heard by federal judges The law also mandated that federal courts grant the defendants bail, something Mississippi refused to do
The civil rights movement lived, prospered, and changed Kunstler’s life He helped found the Center for Constitutional Rights in Nash-ville, and with its resources, he was so ubiquitous in representing the new leadership that his motto became Have Brief, Will Travel
He defended STOKELY CARMICHAEL, president of the Student Non-violent Coordinating Com-mittee, against sedition charges He represented leaders of the Black Panthers But it was his involvement with another prominent black radical, Hubert Geroid Brown—better known
as H Rap Brown—that led him to a new crossroads Brown’s heated speeches around the country struck fear into Congress, which passed
in 1968 the so-called Rap Brown statute (18 U.S.C.A § 2101) The law made it illegal to cross state lines with the intention of inciting a riot Kunstler saw it as an attempt to crush free speech
The Rap Brown law created Kunstler’s breakthrough case, making him a hero to young people and a virtual outlaw to the legal establishment In this case, he defended the Chicago Eight, a group of antiwar leaders charged with conspiracy after the Chicago police cracked down on protesters outside the
1968 Democratic National Convention Among the Eight were Abbie Hoffman and Jerry Rubin, Students for a Democratic Society leader Tom Hayden, and BLACK PANTHER PARTY cofounder Bobbie Seale The trial drew national attention, divided public opinion, and often thrilled with its circus atmosphere Kunstler argued fero-ciously in court with Judge Julius J Hoffman, especially after the judge ordered Seale to be gagged and bound to a chair
After the jury’s near-total acquittal of the defendants, Judge Hoffman slapped each defen-dant with a contempt-of-court sentence He reserved the most serious punishment for Kunstler, giving the attorney four years and thirteen days in prison for twenty-four counts
of contempt However, this sentence and the sentences of the defendants were all overturned
by an appellate court Kunstler also managed to escape the wrath of the New York BAR ASSOCIA-TION, which ultimately dropped its bid to discipline him
The era of protest that helped create Kunstler’s politics came to a close in the early 1970s, but not without a last great upheaval In
1972 and 1973, leaders of the AMERICAN INDIAN MOVEMENT(AIM) occupied the historic town of Wounded Knee, South Dakota, in protest of the U.S government’s long practice of ignoring treaties and its hostility toward Native Amer-icans Kunstler was at the barricades during the 71-day siege, and later he was in court to defend AIM leader Russell Means He also represented Native American activist Leonard Peltier through 15 years of litigation
In the 1980s and 1990s he represented reputed Mafia bosses, an accused murderer of police officers, one of the so-called Central Park rapists, a youth shot by vigilante Bernhard Goetz, a convicted Atlanta child murderer, and more He became involved in the cases of
GOVERNMENT
-CREATED CRIME
HAS BECOME AN ALL
TOO FAMILIAR
PHENOMENON OF THE
PAST DECADE OR SO.
—W ILLIAM K UNSTLER
188 KUNSTLER, WILLIAM MOSES
Trang 2defendants accused of plotting to blow up the
World Trade Center in New York, as well as the
case of Colin Ferguson, a Jamaican immigrant
accused of killing six white commuters and
wounding nineteen on the Long Island Railroad
in 1993 Kunstler’s proposed “black rage” defense
of Ferguson—in short, that racism could drive a
person to murder—provoked a fierce backlash
from many critics, including Kunstler’s frequent
nemesis, the attorneyALAN M.DERSHOWITZ
At the age of 76, Kunstler still reportedly
worked 14-hour days in his home Assisted by
his partner, attorney Ron Kuby, he took most of
his cases for free He also did a bit of acting,
appearing as a fire-breathing judge in director
Spike Lee’s 1992 film Malcolm X In 1994 he
completed his 12th book, My Life as a Radical
Lawyer, in which he held to his belief that a revolution is still inevitable
Kunstler died on September 4, 1995, at the age of 76, of heart failure Ron Kuby, his longtime law partner, vowed to continue doing free legal work in their firm, Kunstler & Kuby
Similarly, friends and family established the William Moses Kunstler Fund for Racial Justice
as a memorial
FURTHER READINGS Kunstler, William M 1996 My Life as a Radical Lawyer.
New York: Carol Publishing Group.
——— 1962 The Case for Courage New York: Morrow.
Langum, David J 1999 William M Kunstler: The Most Hated Lawyer in America New York: New York Univ.
Press.
Trang 4vLA FOLLETTE, ROBERT MARION
Robert Marion La Follette was an important
U.S political leader during the first part of the
twentieth century He served as governor of and
senator from Wisconsin, and was at the
forefront of the political reform movement that
has been labeled Progressivism
La Follette was born in Primrose,
Wiscon-sin, on June 14, 1855 He graduated from the
University of Wisconsin at Madison in 1879 and
then studied law without going to law school
He was admitted to the Wisconsin bar in 1880
and began a legal practice in Madison He was
district attorney for Dane County, Wisconsin,
from 1880 to 1884 In 1885 he was elected as a
Republican representative to the U.S Congress
He served three terms and then was defeated
in 1890
Following his loss La Follette resumed his
law practice in Madison During the 1890s
he became a vocal opponent of state leadership
of the REPUBLICAN PARTY He rejected its
conservatism and its reluctance to allow
government a role in correcting social,
politi-cal, and economic problems that had grown
larger during the last two decades of the
nineteenth century
La Follette’s reform desires were part of the
national Progressive movement Though not a
unified political philosophy, Progressivism was
built on the assumption that all levels of
government must play an active role in reform
Progressives like La Follette argued that corpo-rate capitalism had given too much power
to large economic elites and had created inequities in the social and economic order In addition, Progressives argued, the political parties, especially at the state and local level, had too much control and were stifling democratic change
La Follette’s ideas proved popular in Wisconsin He was elected governor in 1900 and immediately began implementing his Progressive agenda The Wisconsin Legislature passed many of his measures, including those mandating the nomination of candidates
by direct vote in primary elections, the equalization of taxes, and the regulation of railroad rates
He returned to the national political arena, serving as U.S senator from 1906 to 1925 He became a leader of the Progressive wing of the Republican party and frequently voiced opposi-tion to the conservative party leadership As a senator he advocated tougher regulation of railroads, going so far as to call for public ownership of the rail industry He believed in progressive income taxes, government control
of banking, and conservation of natural resources
La Follette was an isolationist, holding that the United States should not become entangled
in foreign alliances and foreign wars He voted against the U.S entry intoWORLD WAR Iand later
L
NEITHER THE CLAMOR OF THE MOB NOR THE VOICE OF POWER WILL EVER TURN ME BY THE BREADTH OF A HAIR FROM THE COURSEI MAKE OUT FOR MYSELF
—R OBERT M ARION
L A F OLLETTE
191
Trang 5opposed President Woodrow Wilson’s plan to have the United States join the LEAGUE OF NATIONSand the World Court
The conservative Republican administra-tions ofWARREN G.HARDINGandCALVIN COOLIDGE
proved too much for La Follette In 1924, after the Republican National Convention rejected his platform proposals, La Follette left the party
He formed the League for Progressive Political Action, commonly known as the PROGRESSIVE
PARTY, and accepted its presidential nomination Drawing support from farm groups, labor unions, and the SOCIALIST PARTY, La Follette waged a spirited third-party campaign He earned almost 5 million popular votes But La Follette was not a serious threat to the election
of Coolidge; he received only thirteen electoral votes, carrying only his home state of Wisconsin
Following his defeat La Follette continued as U.S senator He died in Washington, D.C., on June 18, 1925 His son,ROBERT M.LA FOLLETTE, Jr., succeeded him as senator The younger La Follette kept the Progressive party alive for another 20 years
FURTHER READINGS Kann, Bob 2008 Belle and Bob La Follette: Partners in Politics Wisconsin Historical Society.
Tichi, Cecelia 2009 Civic Passions: Seven Who Launched Progressive America (and What They Teach Us) Chapel Hill: Univ of North Carolina Press.
Unger, Nancy C 2000 Fighting Bob La Follette: The Righteous Reformer Chapel Hill: Univ of North Carolina Press.
LABOR-MANAGEMENT RELATIONS ACT Federal legislation (29 U.S.C.A § 141 et seq [1947]), popularly known as the TAFT-HARTLEY ACT, which governs the conduct of designated union activities, such as by proscribing strikes and boycotts, and establishes the framework for the resolution of labor disputes in times of national emergencies
CROSS REFERENCES Labor Law; Labor Union.
Robert Marion La Follette 1855–1925
1855 Born,
Primrose, Wis.
1861–65 U.S Civil War
1880 Admitted to Wis bar
1879 Graduated from University of Wis.
1880–84 Served as district attorney for Dane County, Wis.
1885–90 Served in U.S House
1900–06 Served
as governor
of Wis.
1906–25 Served
in U.S Senate
1914–18 World War I
1920 Senate refused to ratify League of Nations Covenant
1924 Ran for president on the Progressive Party ticket
1925 Died, Washington, D.C.
◆
Robert M La Follette.
LIBRARY OF CONGRESS
192 LABOR-MANAGEMENT RELATIONS ACT
Trang 6LABOR DEPARTMENT
The DEPARTMENT OF LABOR (DOL) administers
federal labor laws for the EXECUTIVE BRANCH of
the federal government Its mission is“to foster,
promote, and develop the WELFARE of the wage
earners of the United States, to improve their
working conditions, and to advance their
opportunities for profitable employment” (29
U.S.C.A § 551[1985]) The DOL was created in
1913 out of four bureaus from theDEPARTMENT
OF COMMERCE and Labor: the Bureau of Labor
Statistics, Bureau of IMMIGRATION, Bureau of
Naturalization, and Children’s Bureau
The DOL is headed by the secretary of labor,
who serves in the president’s CABINET The
department’s numerous responsibilities include
administering and enforcing federal labor
laws guaranteeing workers’ rights to safe and
healthful working conditions, a minimum
hourly wage and overtime pay, freedom from
employment discrimination, unemployment
insurance, and workers’ compensation The
department protects workers’ pension rights,
provides for job training programs, helps
workers find jobs, and works to strengthen the
COLLECTIVE BARGAININGprocess It keeps track of
changes in employment, prices, and other
economic measurements The DOL also makes
special efforts to address the unique job market
problems of minorities, women, children, the
elderly, disabled persons, among other classes of
workers
The major bureaus and agencies within the
DOL are the Employment and Training
Admin-istration, Employee Benefits Security
Adminis-tration, Employment Standards AdminisAdminis-tration,
Occupational Safety and Health
Administra-tion, Mine Safety and Health AdministraAdministra-tion,
Bureau of Labor Statistics, and Veterans’
Em-ployment and Training Service Other
organiza-tions, including the Women’s Bureau, Office of
the American Workplace, Bureau of
Interna-tional Labor Affairs, Office of the Assistant
Secretary for Policy, and the Office of Disability
Employment Policy, also function within the
department
Employment and Training
Administration
The Employment and Training Administration
(ETA) administers major programs relating to
employment services, job training, and
unem-ployment insurance The ETA also administers
a federal-state employment security system, funds and oversees programs to provide work experience and training for groups having difficulty entering or returning to the work-force, and formulates and promotes apprentice-ship standards and programs
The Employee Benefits Security Administra-tion (EBSA) helps protect the economic future and retirement security of workers, as required under the EMPLOYEE RETIREMENT INCOME SECURITY ACTof 1974 (ERISA) (29 U.S.C.A § 1001) EBSA assists over 200 million participants and bene-ficiaries in pension, health, and other employee benefit plans It also assists more than three million plan sponsors and members of the employee benefit community EBSA promotes voluntary compliance and facilitates self-regulation to provide assistance to pension and benefit plan participants and beneficiaries ERISA requires administrators of private pension and welfare plans to provide plan participants with easily understandable summaries of their plans
These summaries are filed with the EBSA, along with annual reports on the financial operations
of the plans and on the bonding of persons charged with handling plan funds and assets
Plan administrators must also meet strict
FIDUCIARY responsibility standards, which are enforced by the EBSA
Employment Standards Administration
The Employment Standards Administration administers minimum wage and overtime standards through its Wage and Hour Division
This division seeks to protect low-wage incomes
as provided by the minimum wage provisions
of the FAIR LABOR STANDARDS ACT (29 U.S.C.A
§ 201), and to discourage excessively long hours of work through the enforcement of the overtime provisions of the act The division also determines the prevailing wage rates for federal construction contracts and federally assisted programs for construction, alteration, and repair of public works subject to the
DAVIS-BACON ACT (40 U.S.C.A § 276a) and related acts
Occupational Safety and Health Administration
The Occupational Safety and Health Administra-tion (OSHA) has responsibility for occupaAdministra-tional safety and health activities OSHA was estab-lished by the OCCUPATIONAL SAFETY AND HEALTH
LABOR DEPARTMENT 193
Trang 7ACT OF 1970 (29 U.S.C.A § 651 et seq.) It develops and issues occupational safety and health standards for various industries and occupations OSHA also formulates and pub-lishes regulations that employers are to follow
in maintaining health and safety It conducts investigations and inspections to determine compliance with these standards and regula-tions, and if it finds noncompliance, it may issue citations and propose penalties
Mine Safety and Health Administration
The Mine Safety and Health Administration (MSHA) is responsible for safety and health in coal and other mines in the United States The Federal Coal Mine Health and Safety Act of
1969 (30 U.S.C.A § 801 et seq.) gave the MSHA strong enforcement provisions to protect coal miners, and in 1977 the act was amended to protect persons working in the non-coal areas
of the mining industry, such as silver mining
The MSHA develops and promulgates mandatory safety and health standards for the
mining industry, inspects mines to ensure compliance, investigates mining accidents, and assesses fines for violations of its regulations It helps the states develop effective state mine safety and health programs The MSHA also conducts research on mine safety, in the hope of preventing and reducing mine accidents and occupational diseases
Bureau of Labor Statistics
The Bureau of Labor Statistics is the principal data gathering agency of the federal government
in the broad field of labor economics It has
no enforcement or regulatory functions The bureau collects, processes, analyzes, and dis-seminates data relating to employment, unem-ployment, and other characteristics of the labor force It also analyzes prices and consumer expenditures, economic growth and employ-ment projections, and occupational health and safety Most of the data are collected by the bureau, the Bureau of the Census, or state agencies
Department of Labor
Office of the Secretary of Labor
Office of the Deputy Secretary
Office of the Assistant Secretary for Administration &
Management
Office of the Chief Financial Officer
Office of the Solicitor
Office of Public Affairs
Employment &
Training
Administration
Women’s Bureau
Veterans’
Employment &
Training Service
Office of Disability
Employment Policy
Occupational Safety & Health Administration
Mine Safety & Health Administration
Bureau of International Labor Affairs
Pension Benefit Guaranty Corporation
Employment Standards Administration
Office of the
21 st Century Workforce
Office of Public Liaison Center for Faith Based &
Community Initiatives Adjudicatory Boards Office of Small Business Programs
Chief of Staff
Executive Secretariat
Scheduling & Advance
Office of
Congressional &
Intergovernmental
Affairs
Office of the Assistant Secretary for Policy
Employee Benefits Security Administration
Bureau of Labor Statistics
ILLUSTRATION BY GGS
CREATIVE RESOURCES.
REPRODUCED BY
PERMISSION OF GALE,
A PART OF CENGAGE
LEARNING.
194 LABOR DEPARTMENT
Trang 8The basic data are issued in monthly,
quarterly, and annual news releases, bulletins,
reports, and special publications Data are
also provided electronically, including on the
INTERNET
Veterans’ Employment and
Training Service
The Veterans’ Employment and Training
Ser-vice directs the DOL veterans’ employment and
training programs through a nationwide
net-work of support staff The service’s field staff
work closely with state employment security
agencies to ensure that veterans are provided
the priority service required by law The service
provides public information and designs
out-reach activities that seek to encourage employers
to hire veterans It also administers programs
designed to meet the employment and training
needs of veterans with service-connected
dis-abilities, Vietnam-era veterans, and veterans
recently separated from military service
Other Agencies
The Women’s Bureau formulates standards
and policies that promote the welfare of wage
earning women, improve their working
condi-tions, increase their efficiency, and advance
their opportunities for profitable employment
The Office of the American Workplace was
created in 1993 to enhance employer-employee
relations and collective bargaining, as well as to
ensure that labor unions are run democratically
It works to establish labor-management
net-works that disseminate information concerning
cooperative labor-management relations and
high-performance workplace practices It
con-ducts investigative audits to uncover and
remedy criminal and civil violations of federal
law Its Office of Labor-Management Standards
conducts criminal and civil investigations to
safeguard the financial integrity of unions and
to ensure union democracy
The Bureau of International Labor Affairs
carries out DOL international responsibilities
It works with other government agencies to
formulate international economic, trade, and
immigration policies affecting U.S workers
The bureau represents the United States on
delegations to multilateral and bilateral trade
negotiations and in international bodies such as
the GENERAL AGREEMENT ON TARIFFS AND TRADE,
International Labor Organization, Organization for Economic Cooperation and Development, and other U.N organizations It also helps administer the U.S labor attaché program at embassies abroad and carries out technical assistance projects in other countries
The Office of the Assistant Secretary for Policy (OASP) advises and assists the secretary
of labor in, and coordinates and provides leadership to, the department’s activities in addressing economic policy issues, conducting economic research, and formulating regulations and procedures bearing on the welfare of Ameri-can workers OASP also provides leadership and oversight for coordinating and managing the department’s public Web site, ensuring its information and services are cohesive, accessi-ble, timely, accurate, and authoritative
In 2001 Congress approved an Office of Disability Employment Policy (ODEP) Part of the Department of Labor, ODEP is headed by
an assistant secretary ODEP provides leader-ship to increase employment opportunities for adults and youth with disabilities ODEP serves individuals with disabilities and their families;
private employers and their employees; federal, state, and local government agencies; educa-tional and training institutions; disability advo-cates; and providers of services and government employers
The secretary and all of the separate offices, bureaus, and agencies in the Department of Labor receive support from seven administra-tive bodies: the Office of Congressional and Intergovernmental Affairs,OFFICE OF ADMINISTRA-TION and Management and Chief Information Office, Office of the Chief Financial Officer, Office of the Solicitor, Office of the Inspector General, Office of Public Affairs, and Office
of Small Business Programs These seven administrative bodies assist the secretary and the Department of Labor to function smoothly,
to maintain its vast records, to publicize its initiatives, and to represent the department
in Congress regarding issues, legislation, and programs and initiatives that fall within the broad scope of the Labor Department’s responsibility
On March 6, 2001, the labor secretary announced the creation of a new Office of the 21st Century Workforce The 21st Century Workforce mission is to help ensure that all American workers have the opportunity to equip
LABOR DEPARTMENT 195
Trang 9themselves with the necessary tools to succeed in their careers in the environment of rapid change and technological innovation that marks this period in the history of the American workforce
The changes in national and global economies include a fundamental transformation for all industries and increasingly require higher skill sets and higher education
FURTHER READINGS Labor Department Web site Available online at http://www.
dol.gov/ (accessed August 5, 2009).
The Federal Register Available at http://www.thefederal register.com/b.p/department/DEPARTMENT_OF_
LABOR/; website home page: http://www.thefederal register.com (accessed September 5, 2009).
U.S Government Manual Website Available online at http://
www.gpoaccess.gov/gmanual/index (accessed July 21, 2009).
CROSS REFERENCES Collective Bargaining; Employment Law; Labor Law; Labor Union; Mine and Mineral Law; Workers ’ Compensation.
LABOR LAW
An area of the law that addresses the rights of employers, employees, and labor organizations
U.S labor law covers all facets of the legal relationships among employers, employees, and employee labor unions Employers’ oppo-sition to recognizing employees’ rights to organize and bargain collectively with manage-ment has resulted in a system of primarily federal laws and regulations that is adversarial in nature Modern labor law dates from the passage of theWAGNER ACTof 1935, also known
as the National Labor Relations Act (NLRA) (29 U.S.C.A §§ 151 et seq.) Congress has passed two major revisions of this act: theTAFT
-HARTLEY ACTof 1947, also known as the Labor Management Relations Act (29 U.S.C.A §§ 141
et seq.), and the LANDRUM-GRIFFIN ACT of 1959, also known as the Labor Management Report-ing and Disclosure Act (29 U.S.C.A §§ 401
et seq.)
The railroad and airline industries are governed by the Federal Railway Labor Act (45 U.S.C.A § 151 et seq.), originally passed in 1926 and substantially amended in 1934 Federal employees are covered by the separate Federal Service Labor Management and Employee Relation Act (5 U.S.C.A §§ 7101 et seq.) Labor law is also made by theNATIONAL LABOR RELATIONS BOARD (NLRB), an ADMINISTRATIVE AGENCY that
enforces federal labor statutes, and by federal courts when they interpret labor legislation and NLRB decisions In addition, state and munici-pal employees are covered by state law
A basic principle of U.S labor law is that the
SUPREMACY CLAUSEof theCONSTITUTIONauthorizes Congress to prohibit states from using their powers to regulate labor relations The ability
of Congress to pre-empt state labor laws has been defined largely by the U.S Supreme Court because the NLRA is imprecise about what states can and cannot do The Court has set out two basic principles concerning pre-emption: Not all state labor laws are pre-empted by federal statute, and conduct actually protected
by the federal statutes is immune from state regulation For example, vandalism committed
by a union organizing campaign may be subject
to state criminal and civil sanctions A strike in
an industry subject to the NLRA that is aimed at improving wages cannot be prohibited by the state
Historical Background
Labor law traces its roots to the early 1800s, when employees who banded together to strike for improved working conditions were branded
as criminals By the mid-nineteenth century, the law changed to recognize the right of workers to organize and conduct COLLECTIVE BARGAINING
with their employers Employers, however, were not receptive to unions Between 1842 and
1932, they routinely used injunctions to stop strikes and to frustrate union organizing The
NORRIS-LAGUARDIA ACT (29 U.S.C.A §§ 101 et seq.) was passed by Congress in 1932 to curb the use of labor injunctions, preventing employ-ers from going through the federal courts to quash unions The passage of the Wagner Act three years later signaled the beginning of a new era in labor relations and labor law The legacy
of employer-union conflict shaped the new system of government regulation of labor-management relations
Modern Labor Law
The NLRA is the most important and widely applicable U.S labor law Its section 7 (29 U.S C.A § 157) 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… mutual
196 LABOR LAW
Trang 10aid or protection.” Employees are also entitled to
“refrain from any or all such activities.” The act
prohibits employers and unions from
commit-ting “unfair labor practices” that would violate
these rights or certain other specified interests
of employers and the general public in various
circumstances
Labor law generally addresses one of three
different situations: (1) a union attempts to
organize the employees of an employer and
to get the employer to recognize it as the
employees’ bargaining representative; (2) a
union seeks to negotiate aCOLLECTIVE BARGAINING
AGREEMENTwith an employer; or (3) a union and
employer disagree on the interpretation and
application of an existing contract between the
two Within these three situations, specific rules
have been created to address rights of employees
and employers
Organization and Representation of Employees
Under the NLRA, neither employers nor
unions may physically coerce employees or
discriminate against them on the job because
they do or do not wish to join a union, engage
in a peaceful strike or work stoppage, or
exercise other organizational rights Although
an employer is forbidden to discharge peaceful
strikers, it may hire replacement workers to
carry on business
When the employees of a particular
com-pany decide to be represented by a union, they
usually contact the union’s parent association or
local division for aid and guidance The union
may solicit membership by holding meetings to
discuss how working conditions can be
im-proved, and by distributing leaflets
The employees, union, or employer may file
with the NLRB a petition to conduct an election
to decide whether the union should be the
collective bargaining representative This
peti-tion must meet with the support of at least 30
percent of the employees in the bargaining unit
named in the petition Once the petition has
been filed, the NLRB must determine whether
any obstacles exist to holding the election If
not, the NLRB will attempt to get the union and
employer to agree to an election
If the union and employer agree to an
election, the NLRB conducts a secret ballot
election to determine whether the majority of
the employees in the bargaining unit desire to
be represented by the union During the
election campaign, both employer and union may freely express their views about unioniza-tion of employees, but neither may resort to threats or bribes If the union wins the election, the NLRB will certify it as the exclusive bargaining representative of the employees
The union may then be designated an appro-priate bargaining unit of a particular category of workers
A union is generally entitled to picket or patrol with signs reading “Unfair” for up to
30 days at the place of business of an employer
it is trying to organize To picket longer for organizing purposes, the union must file for
an NLRB election If the union then loses the election, it is forbidden to resume such picket-ing for a year The U.S Supreme Court upheld the right to peaceful union picketing in Thorn-hill v Alabama, 310 U.S 88, 60 S Ct 736, 84
L Ed 1093 (1940)
Negotiation of a Collective Bargaining Agreement Collective bargaining is the pro-cess by which an employer and an accredited employee representative negotiate an agreement concerning wages, hours, and other terms and conditions of employment An employer and a union representing its employees have a mutual obligation under the NLRA to bargain with each other in GOOD FAITH The primary goal of collective bargaining is to promote industrial peace between employers and employees The parties have a duty to try reasonably to accommo-date differences and reach common ground, but ultimately they have no obligation to enter into a contract
The FEDERAL MEDIATION AND CONCILIATION SERVICE or state labor agencies may provide parties with mediators to help them negotiate
Mediators act as neutral facilitators It is a fundamental tenet of federal labor policy that unions and management should resolve their disputes through voluntary collective bargaining and not through the imposition of a solution by the government If a labor dispute becomes serious enough to affect national health or safety significantly, the president has the statutory authority to obtain an 80-day injunction from the federal courts against any strike or lockout
This procedure has been used over three dozen times since 1947, but rarely since the 1970s
Pressure to Resolve a Contract Dispute When
an employer and a union are unable to resolve
LABOR LAW 197