Ch. 22 Immigration a

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Ch. 22 Immigration and Labor Law

Law governing immigration

Law and legal immigration

Immigration Act

Hiring noncitizen

Not Self-authorized

Temporal visas

H-2, O, L, E Visas

E

Foreign Investors and entrepreneurs

L

Foreign managers

O

Extraordinary ability in Sciences, artsm education, business, athletics

H-2

Agricultural

H-1 B Visa

Labor Certification

ETA 9035

Specialty occupation

Highly specialized knowledge

High tech workers

3-6 years

Make authorized

Green card

Publication

Qualifications

Business necessity

the job

No American is

Able to take the job

Willing

Qualified

Full-time

Permanent

Self-authorized

EAD

Employment Authorization Document

Lawful permanent resident

Visas

Skilled workers

Pass standards

Caps in number of visas

ICRA

Employee discriminated

Private action for Discrimination

After 120 days

OSC

May file a complaint

Investigates the charges

Unfair practice to discriminate and alien employee with respect to

Discharge

Hiring

IRCA

Compliance requirements

Enforcement

ICE

Penalties

ICE considers

Past Compliance

The seriousness

Size

Subsequent offenses

11000 per employee

Second Offense

5000 per employee

First Offense

Fine

2200 per employee

Criminal Actions

RICO

Court

Administrative Actions

If employer fills a request

Defenses

Substantial Compliance

Hearing

Discover and counsel

Administrative law judge

Notice of Intent to Fine

Charges

Possible Violation

Audit I-9

No Warrant

Employment Verification

Employer knows illegality

Keeps the employee

Illegal

Discharges

Employer liable

Know or SHK

Good faith

Defense for statute

I-9

Reviewed by employer

Completed by employee

Sanction to employers

Amnesty

quota system

McCarran-Walter Act

Preference for aliens with special skills

Standards for deportation

Federal labor Laws

Coverage and Procedures

NRLB decision may be appealed

US Court of Appeals

Board reviews ALJ

If worthy, Regional Director

complaint

ALJ

Charge to NLRB

Labor Management Reporting and Disclosure Act

LMRDA

Union Bill of rights

Hot cargo agreements and Secondary boycotts

Internal business procedure

Labor-Management Relations Act

LMRA

Refusing ro bargain

Picketing and Featherbedding

Hire more employees

Union shop

Right to work

Makes Union Shop illegal

After a certain period of time

Allowed

Firm requires union membership

National Labor Relations Act

NLRA enforced by

NLRB

Requirements

Union organizers

Employee or job aplicant

Issue

Cease-and-desist-orders

Stop unfair pratices

Complains against employers

Investigate employee's charges of unfair labor practices

Unfair practices

Refusal to bargain collectively with the duty designated representative

Discrimination for filling charges under the act

Discrimination in the hiring for afilliating the union

Employer domination of labor organization

Interfere with employees trying to join

Bargain with representatives of their own choosing

Right to organize

Norris-LaGuardia Act

Boycotts

Picketing

Peaceful Strikes

Union

Union Election

Union Election Campaigns

Strikes and Lockouts

Strike

The right to Strike

Illegal Strikes

Strikes that contravene No-Strike clauses

Strikes that threaten National Health or Safety

Wildcat Strikes

Group disatisfied with the union calls a strike

Hot Cargo Agreements

Secondary Boycotts

Common Situs Picketing

If both are at the same place

Its not illegal

Boycott other companies to affect the striker's employer

NLRA

Right to find replacement

Right to picket

Right not to work

Lost benefit

Refuse to work

Unpaid

Good Faith

Proves of bad faith

Bargainers with lack of authority

Shifting terms

Undermine Union

Insistance in unreasonable contract terms

Take-it-or-leave-it

Excesive delays

Collective Bargaining

Topics

Privacy Issues

Mus be bargained

Closing or Relocating a Plant

Some economic repercusions

Bargain

Unless

Union couldnt have offered concession

labor cost was not a factor

Move in scope and direction of enterprise

Discontinued the work performed in the past

different work

Severance pay

Termination pay

No need to bargain about by the managers

Natural change

Terms And Conditions Of Employment

Illegal doesnt have to b discussed

Closed Shop

Featherbedding

insurance, Pension, Benefit plans

Wages, Hours and conditions

Union aproved

negotiate together as a group

In good Faith

Managemente election campaign

NLRB Options

New Election

Bargain recognized

"Laboratory Conditions"

Illegal Surveillance

Cannot disturb or observe union sympathizers

No speech 24 hrs be4

No threats

Management can protest against union

Workers' Right and Obligations

Some reasonable opportunity to campaign

Restrictions on Management

Non Discrimination Rule

Either all or none

Employers right to limit Campaign activities

Limit publicity inside the building

Decertify

Petition

30% support

If fair

Board recognize

Voter Elegibility

Secret Voting

Certification

Appropriate bargaining unit

Authorization Cards and 30 % interest level

Petition to NLRB

Appropriate Bargaining Unit

Whats In common

Nonmanagement Employees

no supervisors

Work-Site proximity

Not Employees from different places

Job similarity

Similar working conditions

Level of wages

Level of skills

Preliminary Organizing

If he doesnt,

Organizers petition NLRB

30 %

Elections

more 50 %

Employer decides wether or not accept it

Organizers present cards to employer

Authorization Cards