able to work
The definition of “able to work” is defined as capable of employment. A person who is able to work is ineligible to receive unemployment benefits on the basis of illness or injury.
wex
labor law
agency shop
An agency shop is a place of employment in which full membership in a union is not required, but the union acts as an agent for the employees. Both union members and non-union members must pay periodic union dues and initiation fees whether they join or not since it is presumed that any collective bargaining on the part of the union will benefit b
wex
bona fide occupational qualification (BFOQ)
A bona fide occupational qualification or BFOQ is an affirmative defense to discrimination prima facie. Bona fide occupational qualifications can be made for national origin, religion, and sex.
coercive statement by an employer
Coercive statement by an employer refers to when employers illegally attempt to pressure employees to not participate in union activities. Under the National Labor Relations Act (NLRA), an employer may not make any coercive statement that involves threats to the employee. Freedom of speech protects an employers’ ability to make arguments to their employees against joining a union, but in doing so, the employer cannot include any hints of reprisals against the employee.
Collyer doctrine
The Collyer doctrine is a doctrine in labor law which states that the National Labor Relations Board (NLRB) will defer charges (ie.
wex
employment-at-will doctrine
The employment-at-will doctrine is an employment law practice in which an employer and employee agree there is no set period of employment. Additionally, the employment may be terminated either by employer or employee at any time and for almost any reason.
Equal Employment Opportunity Commission
Overview
The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting workplace discrimination.
wex
Granite Rock Company v. International Brotherhood of Teamsters
Issues
Whether a federal court or an arbitrator decides in the first instance if a contract containing an arbitration provision was formed.
Whether §301(a) of the Labor-Management Relations Act, which governs federal jurisdiction for contract violations, not only applies to contracting parties but also to entities not party to the contract that may have interfered with the contract.
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.
Questions as Framed for the Court by the Parties
1. Does a federal court have jurisdiction to determine whether a collective bargaining agreement was formed when it is disputed whether any binding contract exists, but no party makes an independent challenge to the arbitration clause apart from claiming it is inoperative before the contract is established?
2. Does Section 30l(a) of the Labor-Management Relations Act, which generally preempts otherwise available state law causes of action, provide a cause of action against an international union that is not a direct signatory to the collective bargaining agreement, but effectively displaces its signatory local union and causes a strike breaching a collective bargaining agreement for its own benefit?
For years, petitioner, Granite Rock, a California cement company, and respondent, Teamsters Local 287 (“Local 287”) (the local chapter of respondent, International Brotherhood of Teamsters (“IBT”)), had a Collective Bargaining Agreement (“CBA”). See
Edited by
Additional Resources
· Wex: Law about Collective Bargaining
· Concrete Products: Granite Rock Jury Delivers Teamsters Crushing Breach of Contract Verdict
· Cornell ILR: Collective Bargaining Subject Guide
Submit for publication
0