In 1975, the UFW boycott led _____ to adopt the nation's only law giving agriculture workers the right to organize.

??

California

a duty upon the parties in a collective bargaining relationship to reduce to writing and signing any agreement reached through the bargaining process

??

duty to sign

Duty to sign was imposed by the ____

??

U.S. supreme court

refusal to sign is a ____

??

unfair labor practice

labor agreement is not a ____ ___

?

employment contract

Four sections contained in management agreement

??

1. union security

2. wage and effort bargain

3. management rights

4. administration

clauses that allow for negotiations during the term of the contract

??

openers

the majority of contracts are for atleast ___ years

??

three

there is a positive relationship between the ___ and the length of the contract

??

increase in wage rates

areas primarily covered under wage and effort bargain

??

1. pay scales

2. effort bargain

3. premium pay

4. contingent benefits

wages or salary paid for the job

??

pay scale

acceptable standards for performance of tasks

??

effort bargains

overtime, call in pay, shift differentials, and weekend work

??

premium pay

managements right to govern the workplace in areas not subject to discussion with the union or collective bargaining

??

management rights

insurance, pensions, paid time off, and severance pay

??

contingent benefits

all rights not specified in the agreement or shared with the union remain the unwritten or implied rights of management

??

reserved rights

management retains all rights except those it has expressly agreed to share with or relinquish to the union

??

reserved rights

___ ____ is a reserved right that has received a lot of attention as a subject of mandatory negotiations

??

plant relocation

contract provisions tht place specific limitations on areas generally considered management rights

??

restricted rights

5 Restricted Rights

??

1. subcontracting

2. supervisory preformance

3. technological changes in work or equiptment

4. plant shutdown or relocation withouth advance notice

5. union rights of access to bulletin boards, pertinent information and company premises

most contracts provide for the machinery necessary to enforce the terms of the agreement

??

administration

parties to a contract may be released from the provisions of the contract if unforseeable circumstances prevent them from fulfilling their contractual obligations

??

force majure

a current and valid contract can prevent another union from petitioning for an election and being certified as the exclusive representative

??

contract bar

conditions for a contract to pass the contract bar

??

1. be in writing and signed by all parties

2. for a fixed term

3. must provide subtantive terms

4. must be duly ratified

5. must contain only legal prescriptions

6. must not be prematurely extended.

when may another union petition for representation

??

during the open period which is the first 30 day period in the 90 day period before the termination of a contract

Three reasons that the NLRB may invalidate a contract

??

1. the union acted under an erroneous but good faith claim that it had majority representation

2. successorship situation in which one union has dissolved or merged with another

3. a business has changed hands

Two times the NLRB may enforce the contract

??

1. employer unilaterally modifies the contract or the union strikes to modify the existing contract 

2. the union has violated the act by strike action called to force bargaining on a modification of an existing contract

Court enforcement was made possible by the _____ amendments that recognized unions as entities that could be sued and held reliable.

??

Taft Hartley

Arbitration is/is not required by the NLRB

??

is not

Case: NLRB agreed to defer jurisdiciton in certain unfair labor practices to arbitration if: 

1. parties had stable collective bargaining relationship

2. defendent was willing to arbitrate the matter

3. dispute centered on the contract and its interpretation

??

Collyer

three times the NLRB is willing to defer jurisdiction as settled in the Collyer case

??

1. parties had stable collective bargaining relationships

2. disagreement was about the contract interpretation

3. defendent was willing to arbitrate the matter

times with the NLRB will defer an arbitration award

??

1. arbitration is fair and based on regular procedures

2. parties are bound to support the arbitrators decision

3. arbitrators award is consistent with the NLRA

4. the award directly addresses the unfair labor practice

ability to resort to a strike is an essential element in the success of the collective bargaining process

??

economic activity

union must consider all employees in the bargaining unit when negotiating an agreement & must not handle contract enforcement in an arbitrary, discriminatory, or bad faith manner

??

Duty of Fair Representation

T/F - a party cannot be required to discuss, to agree to terminate, or to modifty the contract during its term

??

true according to the NLRA

waives the right of either party to require the other to bargain on any matter not covered in an agreement during the life of the contract

??

zipper clause

allows negotitations to take place during the contract term on certain mandatory items

??

opener clause

protects the remainder of the contract should one section come in conflict with state or federal law

??

separability clause

three clauses that partys may use to limit the duty to bargain during the contract term

??

1. zipper cluase

2. opener clause

3. separabilty clause

boycott aimed at goods or services of one employer to force them to cease doing business with another employer

??

secondary boycott - maide unlawful by NLRA

 prohibited conduct: union members converge on a store, buying small items, and praying with large denomination bills

??

shop-ins

prohibited conduct: negotiated contract provision stating that union member of one employer need not handle nonunion or struck goods of the other employer

??

hot cargo agreement- outlawed except in garment and construction industries

4 things that a contract usually contains in the public sector

??

1. union security clause

2. vaild contract bar

3. merit raise system and premium pay

4. grievance procedure 

who has jurisdiction over public sector contract enforcement issues??

Federal Labor Relations Authority FLRA over unfair labor practices and all arbitration awards, regardless of issue involved