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Unfair Labor Practice
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) (also known as the NLRA and the Wagner Act after NY Senator Robert F. Wagner) and other legislation. Such acts are investigated by the National Labor Relations Board (NLRB). Schlesinger Jr., Arthur M. ''The Age of Roosevelt: The Coming of the New Deal: 1933–1935.'' Boston: Houghton Mifflin Co., 1958, p. 400-406. Definition of "unfair labor practice" The NLRB has the authority to investigate and remedy unfair labor practices, which are defined in Section 8 of the Act. In broad terms, the NLRB makes it unlawful for an employer to: *interfere with two or more employees acting in concert to protect rights provided for in the Act, whether or not a union exists *to dominate or interfere with the formation or administration of a labor organization *to discriminate against an employee from engaging in co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Labor Law
United States labor law sets the rights and duties for employees, labor unions, and employers in the United States. Labor law's basic aim is to remedy the " inequality of bargaining power" between employees and employers, especially employers "organized in the corporate or other forms of ownership association". Over the 20th century, federal law created minimum social and economic rights, and encouraged state laws to go beyond the minimum to favor employees. The Fair Labor Standards Act of 1938 requires a federal minimum wage, currently $7.25 but higher in 29 states and D.C., and discourages working weeks over 40 hours through time-and-a-half overtime pay. There is no federal law, and few state laws, requiring paid holidays or paid family leave. The Family and Medical Leave Act of 1993 creates a limited right to 12 weeks of unpaid leave in larger employers. There is no automatic right to an occupational pension beyond federally guaranteed Social Security, but the Employee Retirem ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Felix Frankfurter
Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Austrian-American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, during which period he was a noted advocate of judicial restraint in its judgements. Frankfurter was born in Vienna, immigrating to New York City at the age of 12. After graduating from Harvard Law School, Frankfurter worked for Henry L. Stimson, the U.S. Secretary of War. During World War I, Frankfurter served as Judge Advocate General. After the war, he helped found the American Civil Liberties Union and returned to his position as a professor at Harvard Law School. He became a friend and adviser of President Franklin D. Roosevelt, who appointed him to fill the Supreme Court vacancy caused by the death of Benjamin N. Cardozo. Although Frankfurter's personal political views were strongly liberal, his experience with the Supreme Court's ''Lochner ''era in which conservative justices stru ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Surface Bargaining
In collective bargaining, surface bargaining is a strategy in which one of the parties "merely goes through the motions", with no intention of reaching an agreement. In this regard, it is a form of bad faith bargaining. Distinguishing surface bargaining from good faith bargaining is extremely difficult. The entire history of the negotiations must be assessed, including the party's intent, efforts made toward reaching an agreement, and any behavior which may be seen as inhibiting the bargaining process. Surface bargaining tactics may include making proposals the other party could never accept, taking inflexible or unreasonable stands on issues, and/or refusing to offer alternatives to proposals. Reneging on agreements already reached during the collective bargaining process, raising new issues late in the negotiations, or failing to follow generally accepted procedures for collective bargaining may also be seen as signs of surface bargaining. Based upon the "totality" of a party's ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty Of Fair Representation
The duty of fair representation is incumbent upon Canadian and U.S. labor unions that are the exclusive bargaining representative of workers in a particular group. It is the obligation to represent all employees fairly, in good faith, and without discrimination. Originally recognized by the United States Supreme Court in a series of cases in the mid-1940s involving racial discrimination by railway workers' unions covered by the Railway Labor Act, the duty of fair representation also applies to workers covered by the National Labor Relations Act and, depending on the terms of the statute, to public sector workers covered by state and local laws regulating labor relations. The term as used in Canada applied to 7 out of 10 provinces and in federal law . History The concept of a DFR originated in the 1940s in the American case, '' Steele v. Louisville & Nashville Railroad'' and was formalized as a legal test in '' Vaca v. Sipes'' (1967). The doctrine was first mentioned in Ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Boulwarism
Boulwarism is the tactic of making a "take-it-or-leave-it" offer in a negotiation, with no further concessions or discussion. It was named after General Electric's former vice president Lemuel Boulware, who promoted the strategy. One example of Boulwarism is a car dealership advertising "Bottom Line Pricing" on its cars, and enforcing that policy. In contrast to its use in collective bargaining, Boulwarism is a lawful negotiation tactic between private parties. Nevertheless, most negotiation experts describe Boulwarism as detrimental. (Using the above example on car sales, statistics show that buyers want a discount off the advertised price.) Experts say statistics show that while those using Boulwarism may think a take-it-or-leave-it offer shows that they are negotiators or tell all concerned that "the client means business," Boulwarism may instill resentment, bitterness, or someone taking offense. It may unintentionally cut off negotiations if the offeror was bluffing about ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Circuit Court Of Appeals For The District Of Columbia
Circuit may refer to: Science and technology Electrical engineering * Electrical circuit, a complete electrical network with a closed-loop giving a return path for current ** Analog circuit, uses continuous signal levels ** Balanced circuit, paths are impedance-matched ** Circuit analysis, the process of finding the voltages across, and the currents through, every component in an electrical circuit ** Circuit diagram, a graphical representation of an electrical circuit ** Digital circuit, uses discrete signal levels ** Electronic circuit, contains "active" (nonlinear) electronic components capable of performing amplification, computation, and data transfer *** Asynchronous circuit, or self-timed circuit, a sequential digital logic circuit that is not governed by a clock circuit or global clock signal *** Integrated circuit, a set of electronic circuits on a small "chip" of semiconductor material **** Mixed-signal integrated circuit, contains both analog and digital sig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administrative Law
Administrative law is the division of law that governs the activities of executive branch agencies of government. Administrative law concerns executive branch rule making (executive branch rules are generally referred to as " regulations"), adjudication, or the enforcement of laws. Administrative law is considered a branch of public law. Administrative law deals with the decision-making of such administrative units of government that are part of the executive branch in such areas as international trade, manufacturing, the environment, taxation, broadcasting, immigration, and transport. Administrative law expanded greatly during the twentieth century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction. Civil law countries often have specialized administrative courts that review these decisions. In civil law countries Unlike most common law jurisdictions, most civil law ju ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Status Quo
is a Latin phrase meaning the existing state of affairs, particularly with regard to social, political, religious or military issues. In the sociological sense, the ''status quo'' refers to the current state of social structure and/or values. With regard to policy debate, it means how conditions are, contrasted with a possible change. For example: "The countries are now trying to maintain the ''status quo'' with regard to their nuclear arsenals." To maintain the ''status quo'' is to keep things the way they presently are. The related phrase '' status quo ante'', literally "the status before", refers to the state of affairs that existed previously. Political usage Via social movements the status quo might be overhauled. These seek to alleviate or prevent a particular issue and often to shape social feeling and cultural expression of a society or nation. The status quo is at least in part rejected by their protagonists – progressives – leading the movement. Advoc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States District Court
The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district court has at least one courthouse, and many districts have more than one. District courts' decisions are appealed to the U.S. court of appeals for the circuit in which they reside, except for certain specialized cases that are appealed to the U.S. Court of Appeals for the Federal Circuit or directly to the U.S. Supreme Court. District courts are courts of law, equity, and admiralty, and can hear both civil and criminal cases. But unlike U.S. state courts, federal district courts are courts of limited jurisdiction, and can only hear cases that involve disputes between residents of different states, questions of federal law, or federal crimes. Unlike the U.S. Supreme Court, which was established by Article III of the Constitution, the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); ''Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); '' Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute Of Limitations
A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. ("Time for commencing proceedings") In most jurisdictions, such periods exist for both criminal law and civil law such as contract law and property law, though often under different names and with varying details. When the time which is specified in a statute of limitations runs out, a claim might no longer be filed or, if it is filed, it may be subject to dismissal if the defense against that claim is raised that the claim is time-barred as having been filed after the statutory limitations period. When a statute of limitations expires in a criminal case, the courts no longer have jurisdiction. Most common crimes that have statutes of limitations are distinguished from particularly serious crimes because the latter claims may be brought at any time. In civil law systems, su ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
