Ch. 22 Immigration and Labor Law

Preliminary Organizing

Authorization Cards

Organizers present cards to employer

Employer decides wether or not accept it

If he doesnt,

Organizers petition NLRB

Elections

more 50 %

30 %

Appropriate Bargaining Unit

Whats In common

Job similarity

Level of skills

Level of wages

Similar working conditions

Work-Site proximity

Not Employees from different places

Nonmanagement Employees

no supervisors

Certification

Petition to NLRB

Authorization Cards and 30 % interest level

Appropriate bargaining unit

Union Election

Secret Voting

Voter Elegibility

If fair

Board recognize

Union

Decertify

30% support

Petition

Union Election Campaigns

Employers right to limit Campaign activities

Limit publicity inside the building

Restrictions on Management

Either all or none

Non Discrimination Rule

Workers' Right and Obligations

Some reasonable opportunity to campaign

Managemente election campaign

Management can protest against union

No threats

"Laboratory Conditions"

No speech 24 hrs be4

Illegal Surveillance

Cannot disturb or observe union sympathizers

NLRB Options

Bargain recognized

New Election

Collective Bargaining

Union aproved

negotiate together as a group

In good Faith

Topics

Terms And Conditions Of Employment

Wages, Hours and conditions

insurance, Pension, Benefit plans

Illegal doesnt have to b discussed

Featherbedding

Closed Shop

Closing or Relocating a Plant

No need to bargain about by the managers

Natural change

Some economic repercusions

Severance pay

Termination pay

Bargain

Unless

different work

Discontinued the work performed in the past

Move in scope and direction of enterprise

labor cost was not a factor

Union couldnt have offered concession

Privacy Issues

Mus be bargained

Good Faith

Proves of bad faith

Excesive delays

Insistance in unreasonable contract terms

Take-it-or-leave-it

Undermine Union

Shifting terms

Bargainers with lack of authority

Strikes and Lockouts

Strike

Refuse to work

Unpaid

Lost benefit

The right to Strike

NLRA

Right not to work

Right to picket

Right to find replacement

Illegal Strikes

Secondary Boycotts

Boycott other companies to affect the striker's employer

Common Situs Picketing

If both are at the same place

Its not illegal

Hot Cargo Agreements

Wildcat Strikes

Group disatisfied with the union calls a strike

Strikes that threaten National Health or Safety

Strikes that contravene No-Strike clauses

Norris-LaGuardia Act

Peaceful Strikes

Picketing

Boycotts

National Labor Relations Act

NLRA

Right to organize

Bargain with representatives of their own choosing

Unfair practices

Interfere with employees trying to join

Employer domination of labor organization

Discrimination in the hiring for afilliating the union

Discrimination for filling charges under the act

Refusal to bargain collectively with the duty designated representative

NLRA enforced by

NLRB

Investigate employee's charges of unfair labor practices

Complains against employers

Issue

Cease-and-desist-orders

Stop unfair pratices

Requirements

Employee or job aplicant

Union organizers

Labor-Management Relations Act

LMRA

Closed Shop

Firm requires union membership

Union shop

Allowed

After a certain period of time

Right to work

Makes Union Shop illegal

Refusing ro bargain

Picketing and Featherbedding

Hire more employees

Labor Management Reporting and Disclosure Act

LMRDA

Union Bill of rights

Internal business procedure

Elections

Hot cargo agreements and Secondary boycotts

Coverage and Procedures

Charge to NLRB

If worthy, Regional Director

complaint

ALJ

Board reviews ALJ

NRLB decision may be appealed

US Court of Appeals

quota system

McCarran-Walter Act

Standards for deportation

Preference for aliens with special skills

IRCA

Amnesty

Sanction to employers

Compliance requirements

Employment Verification

I-9

Completed by employee

Reviewed by employer

Employer liable

Know or SHK

Good faith

Defense for statute

Employer knows illegality

Discharges

Keeps the employee

Illegal

Enforcement

ICE

Audit I-9

No Warrant

Administrative Actions

Possible Violation

Notice of Intent to Fine

Charges

If employer fills a request

Hearing

Administrative law judge

Discover and counsel

Defenses

Good Faith

Substantial Compliance

Criminal Actions

Court

RICO

Penalties

First Offense

Fine

2200 per employee

Second Offense

Fine

5000 per employee

Subsequent offenses

Fine

11000 per employee

ICE considers

Size

The seriousness

Past Compliance

ICRA

Unfair practice to discriminate and alien employee with respect to

Hiring

Discharge

Employee discriminated

OSC

Investigates the charges

May file a complaint

Private action for Discrimination

After 120 days

Law and legal immigration

Immigration Act

Caps in number of visas

Visas

Skilled workers

Pass standards

Hiring noncitizen

Self-authorized

Lawful permanent resident

EAD

Employment Authorization Document

Not Self-authorized

Make authorized

Green card

Permanent

Full-time

No American is

Qualified

Willing

Able to take the job

Publication

the job

Qualifications

Business necessity

Temporal visas

H-1 B Visa

3-6 years

High tech workers

Specialty occupation

Highly specialized knowledge

Labor Certification

ETA 9035

H-2, O, L, E Visas

H-2

Agricultural

O

Extraordinary ability in Sciences, artsm education, business, athletics

L

Foreign managers

E

Foreign Investors and entrepreneurs