NLRA and Protest Activities - PowerPoint Presentation

Slide1

NLRA and Protest Activities

Presented by:

Richard Rosenblatt

District 7 CounselSlide2

Core of Section 7.Two parts: Protected and Concerted

Protected Concerted ActivitySlide3

ProtectedConcerns wages, hours

and/or

working conditions

Protected Concerted ActivitySlide4

ConcertedInvolves or concerns more than one employee

Protected Concerted ActivitySlide5

when one or more employees engage in conduct related to wages, hours and working conditions for more than one employee

Protected Concerted ActivitySlide6

Form of Protected Concerted ActivityStrike: Withhold servicesMust concern wages, hours and/or working conditions

StrikesSlide7

Legal Strike2 Types:

Unfair Labor Practice

Striker

Economic

Striker

Strikes

No Contract In EffectSlide8

Unfair Labor Practice StrikerBasis for Strike Needs to Be in Part Because of Unfair Labor Practice By

Employer

Determination

Is By NLRB (or

Courts)

Can

be After-The-Fact

StrikesSlide9

Economic StrikerAny one who engages in lawful strike if not an unfair labor practice striker

StrikesSlide10

Significance of Whether Economic or Unfair Labor Practice Strike?Only when make unconditional offer to return to work

StrikesSlide11

Unfair Labor Practice StrikerCan NOT Be Permanently Replaced

Must return striker to work when make unconditional offer to return to work

StrikesSlide12

Economic StrikerCan be permanently replacedMust have "permanently" replaced striker during strike

Once permanent replacement leaves then must recall economic striker if striker has made unconditional offer

StrikesSlide13

Striker MisconductNo need to recall striker who engaged in striker misconduct

Striker Misconduct: conduct that is found to reasonably tended to coerce or intimidate employees in the exercise of rights protected by the Act.

Misconduct: can be physical harm or verbal threats

StrikesSlide14

Where do you picket?Public vs. Private PropertyRight to picket on public product

State Courts can dictate time, place & number of pickets

Cannot block ingress or egress from building

Cannot takeover private property (sit down strikers)

Picketing on Private Property

Balancing Test

StrikesSlide15

Partial StrikesRefuse to work on certain mandatory Assignments while accepting pay Not protected activity

Intermittent Strike

Multiple Strikes of short duration over same labor dispute

StrikesSlide16

During ContractNO STRIKE CLAUSE: prohibits Strikes during term of Agreement

Unfair Labor Practice Causes Strike

Serious ULP unless No Strike Clause Prohibits

Strike Over Grievance

Courts Prohibit If Arbitration Of Grievances

Boys Market

Injunction

StrikesSlide17

Sympathy strikesStrike in Support of Other Strikers

Depends

how No Strike Clause Is Written and Interpreted

Sympathy Striker Stands in Shoes of the Strikers that Striking in Sympathy or Support Of

StrikesSlide18

Wage Re-OpenerDepends How No Strike Clause Is WrittenA General No-Strike Provision Not Prohibit

StrikesSlide19

Section 8(b)(4) prohibits Secondary BoycottsConduct that threatens, restrains or coerces a Secondary Employer

Secondary BoycottsSlide20

Primary EmployerEmployer with whom Union Has the DisputeSecondary Employer

Employer Who is Neutral, Not Involved In Dispute

Secondary BoycottsSlide21

Conduct that Threatens, Restrains Or CoercesPicketing Secondary EmployerNon-Picketing Conduct that Confrontational

Secondary BoycottsSlide22

Hand billingHand billing is free speech; not conduct and therefore not “threaten, restrain, or coerce”

Defamation:

if not true, harms the person’s reputation and know that not true or with reckless disregard for the truth

Secondary Boycotts