1990s
NLRB held that action committees @ Electromation were illegal "labor organizations" because management created & controlled the groups & used them to deal w/ employees on working conditions in violation of NLRA.
What is Electromation, Inc. v. NLRB (1992)?
Ruled that pre-hire employment application requiring that all employment disputes be settled by arbitration was enforceable under Federal Arbitration Act.
What is Circuit City Stores v. Adams (2001)?
National Labor Relations Board (NLRB) moved from traditional community of interest test & expanded test to multi-step analysis for appropriate community of interest
What is Speciality Healthcare & Rehabilitation Center of Mobile vs NLRB?
removal of a union as exclusive bargaining representative of employees
What is decertification?
boycott vs secondary employer because it is virtually indistinguishable from primary employer
What is Ally Doctrine?
Case in which district court applied inevitable disclosure doctrine even though there was no non-compete agreement in place. Employee who had left his position in marketing PepsiCo's All Sport sports drink to work for Quaker Oats Company & market Gatorade & Snapple drinks was enjoined from working for Quaker because he had detailed knowledge of PepsiCo's trade secrets pertaining to pricing, market strategy & selling/ delivery systems.
What is PepsiCo, Inc. v. Redmond (1995)?
NLRB ruling that struck down employer rule prohibiting employees from discussing among themselves employment complaint—in this instance, complaint of sexual harassment—on grounds that prohibition was not limited in time & scope & interfered with protected concerted activity.
What is Phoenix Transit System v. NLRB (2002)?
NLRB ruling that applicant for employment must be genuinely interested in seeking to establish employment relationship w/ employer in order to be protected against hiring discrimination based on union affiliation or activity; creates greater obstacles for unions attempting salting campaigns.
What is Toering Electric Company v. NLRB (2007)?
union contract for represented group of employees & designated employers
What is collective barbaining agreement (CBA)?
illegal boycott that involves union coercing an employer not to do business w/ another firm
What is hot cargo clause?
Supreme Court decision related to salting that held that worker may be company's "employee," w/i terms of National Labor Relations Act (NLRA), even if, @ same time, union pays that worker to help union organize company.
What is NLRB v. Town & Country Electric (1995)?
NLRB decision that lifted some restrictions on employer's use of employee participation committees.
What is Ronald Lesch v. Crown Cork and Seal Company (2001)?
No, ERISA's anti-alienation provision does not prevent enforcement of waiver recognized by federal common law which holds that spouse's right to other spouse's pension benefits is rendered void upon divorce
What is Kennedy v Plan Administrators for Dupont Savings? (2009)
removal of "union security" from contract, where union remains exclusive bargaining representative & collective bargaining agreement remains in effect, but employees are not forced to be members or pay dues to union.
What is deauthorization?
determines that 2 or more businesses are essentially in same business for purposes of NLRA coverage & 4 critereia determine whether only 1 employer exists for labor relations purposes: interrelation of operations, central control of labor relations, common management & common ownership
What is alter ego doctrine?
Collective bargaining agreements must contain clear & unmistakable waiver if it is to bar individual's right to sue after arbitration requirement.
What is Wright v. Universal Maritime Service Corp. (1998)?
On June 9, 2004, NLRB ruled by a 3-2 vote that employees who work in a non unionized workplace are not entitled to have coworker accompany them to interview with their employer, even if affected employee reasonably believes that interview might result in discipline.This decision effectively reversed July 2000 decision of Clinton board, which had extended Weingarten rights to nonunion employees.
What is NLRB v. Weingarten, Inc. (2004)?
NLRB decision that provides employers relief in salting cases by announcing new evidentiary standard for determining period of back pay; requires union to provide evidence that supports period of time it claims salt would have been employed.
What is Oil Capitol Sheet Metal, Inc. v. NLRB (2007)?
written agreements between employee & employer as clarification during term of a CBA; mutually accepted expectations of all of parties
What is a memorandum of understanding (MOU)?
Usually used in construction where multiple corporate structures are created, w/1 handling work performed under union agreements & another peforms work where workers are not union represented, where a boycott vs 1 is boycott vs all employers
What is double breasting?
Board concluded that DuPont's six safety committees & fitness committee were employer-dominated labor organizations & that DuPont dominated formation & administration of one of them in violation of NLRA.
What is E. I. DuPont & Company v. NLRB (1993)?
Case in which Supreme Court ruled that even if there is mandatory arbitration agreement in place, relevant civil rights agency can still sue on behalf of employee.
What is EEOC v. Waffle House (2002)?
Under Age Discrimination Employment Act (ADEA), the same twenty-employee minimum that applies to private employers does not also apply to political subdivisions of a state because in looking @ plain language of statute, finding 2-sentence delineation in definitional provision § 630(b), coupled w/expression “also means” @ start of §630(b)’s second sentence, establish two separate categories: persons engaged in an industry affecting commerce w/ 20 or more employees; & states or political subdivisions. States or political subdivisions category has no numerosity limitation
complaints of violation of National Labor Relations Act (NRA) formally filed w/ National Labor Relations Board (NLRB)
What is unfair labor practice (ULP)?
boycott vs single employer or entities that operate so closely that they are treated as single entity
What is single employer boycott?