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Give the employee a clear choice between having the interview without representation, or ending the interview. Rule 3 If the employer denies the request for union representation, and continues to ask questions, it commits an unfair labor practice and the employee has a right to refuse to answer. The employer may not discipline the employee for ...
NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975), is a United States labor law case decided by the Supreme Court of the United States.It held that employees in unionized workplaces have the right under the National Labor Relations Act to the presence of a union steward during any management inquiry that the employee reasonably believes may result in discipline.
Such agreements can be incorporated into union contracts to require employees who are not union members to contribute to the costs of union representation. Unlike the right to work definition as a human right in international law , U.S. right-to-work laws do not aim to provide a general guarantee of employment to people seeking work but rather ...
The NLRB subsequently held employer speech was not coercive unless blatantly so or part of a broad pattern of coercive conduct. [25]: 104 But captive audience meetings, a majority of the board felt, were different. A captive audience meeting occurs when an employer requires employees to meet on company time and listen to anti-union speech.
The term stems from Loudermill v.Cleveland Board of Education, in which the United States Supreme Court held that non-probationary civil servants had a property right to continued employment and such employment could not be denied to employees unless they were given an opportunity to hear and respond to the charges against them prior to being deprived of continued employment.
The Employee Free Choice Act would have amended the National Labor Relations Act in three significant ways. That is: section 2 would have eliminated the need for an additional ballot to require an employer recognize a union, if a majority of workers have already signed cards expressing their wish to have a union
An unfair labor practice (ULP) in United States labor law refers to certain actions taken by employers or unions that violate the National Labor Relations Act of 1935 (49 Stat. 449) 29 U.S.C. § 151–169 (also known as the NLRA and the Wagner Act after NY Senator Robert F. Wagner [1]) and other legislation.
The act does not apply to certain workers, including supervisors, agricultural employees, domestic workers, government employees, and independent contractors. The NLRA was strongly opposed by conservatives and members of the Republican Party, but it was upheld in the Supreme Court case of NLRB v. Jones & Laughlin Steel Corp., decided April 12 ...