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labor law

Granite Rock Company v. International Brotherhood of Teamsters (08-1214)

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Oral argument: Jan. 19, 2010

Appealed from: United States Court of Appeals for the Ninth Circuit (Oct. 22, 2008)

LABOR-MANAGEMENT RELATIONS ACT, LMRA, ARBITRATION, LABOR LAW, COLLECTIVE BARGAINING

Petitioner, Granite Rock, and respondent, Teamsters Local 287, negotiated a new Collective Bargaining Agreement (“CBA”) which included no-strike and arbitration clauses. A dispute arose regarding the validity of the agreement after Local 287 initiated a strike with the support of respondent, International Brotherhood of Teamsters (“IBT”). Granite Rock sued Local 287 and IBT under §301(a) of the Labor-Management Relations Act. The district court found that the agreement including the arbitration clause was valid and, therefore, referred Granite Rock and Local 287 to arbitration. The court, however, dismissed the claim against IBT, holding that §301(a) did not apply. The Ninth Circuit upheld IBT’s dismissal but held that the district court should have also deferred the question of whether a contract was formed to arbitration. The Supreme Court must now decide if a federal court has initial jurisdiction to determine the validity of a contract containing an arbitration clause and whether §301(a) allows plaintiffs to sue others not party to the contract.

Unfair Labor Practices (ULPs)

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Unfair Labor Practices: an overview


Under the National Labor Relations Act ("NLRA"), there are three broad categories of Unfair Labor Practices ("ULPs").  The three categories of ULPs consist of those under Section 8 of the NLRA.  Section 8(a) lists the ULPs of employers, Section 8(b) lists the ULPs of labor organizations, and 8(c) lists the ULPs that are the result of combined activity of employers and labor organizations.

National Labor Relations Act (NLRA)

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National Labor Relations Act: an overview

The focus of the traditional law of unions, which makes up the major part of the area of law known as labor law, is on workers collectively and their rights as a group. This may be distinguished from employment law which focuses more on issues relating to the rights of individual employees. The body of law of which labor law is comprised is notable for the primacy of the National Labor Relations Act (NLRA). The NLRA is codified at 29 U.S.C. §§ 151-169 and purports to serve the national interest of the United States regarding labor relations within the country. As may be noted during periods of widespread strikes, uneasy relations in this sphere can very quickly and severely have an adverse effect on the entire country. Clear policy regarding labor and management encourages the best interests of the United States which is to maintain full economic production.  Industrial peace is essential to a functioning economy. The NLRA seeks to limit industrial strife among employers, employees, and labor organizations which could hinder full production in the United States economy. 

Employment-at-will doctrine

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This refers to the presumption that employment is for an indefinite period of time and may be terminated either by employer or employee.

Able to work

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Definition

Capable of employment. A person who is able to work is ineligible to receive unemployment benefits on the basis of illness or injury. 

Illustrative caselaw

See, e.g. International Union, et al. v. Johnson Controls, Inc., 499 U.S. 187 (1991).

Midwest Piping doctrine

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A policy followed by the NLRB pursuant to Midwest Piping & Supply Co., 63 N.L.R.B. 1060 (1945) marked by complete neutrality by employers in rival union situations.  This doctrine was followed for the 37 years from 1945 until 1982. As a result of the case RCA Del Caribe, Inc., 262 N.L.R.B.

Industrial unionism

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A form of union organizing which organizes all of the workers in a particular industry into the same union without regard for the skill or trade of each worker.  The result is that workers in one or in all of the industries  gain more leverage in bargaining as well as in strikes.  This is in contrast to craft unionism which organizes workers into different unions depending on their specific trades.

Hiring hall

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A system whereby a union refers potential employees to an employer. Also may refer to a system of union work permits.  Such referals and work permits may not discriminate based on membership in the union.

Collyer doctrine

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Applies when the National Labor Relations Board defers charges (ie. unfair labor practices) to the arbitration process when these charges are brought prior to an arbitration award.  The National Labor Relations Board will, under this doctrine, refer resolution of such an issue brought before it to arbitration if the issue is arbitrable under the collective bargaining agreement. Collyer Insulated Wire, 192 N.L.R.B.

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