Posted: May 25th, 2022
Unfair Labor Practice for Company’s Position
True or False: “The comment “We know about your little chat” would help management in a Wright Line test.”
True or False: “If Jack’s production numbers were higher than most, this data would support management in a Wright Line test.” ”
True or False: “Since this is an employment-at-will state and there is no union in place, management can legally terminate Jack without considering any Wright Line test results.” ”
True or False: “Jack had a right to tack the brochure to the bulletin board per standard organizing rules.” ”
True or False: “The union would see the comment “We’re watching you” as an unfair labor practice under Section 8(a)1 of the NLRA.”
True or False: “Promoting Jack to supervisor in the last restructuring would have been a legal way to avoid his union participation.” ”
True or False: “The company can terminate a supervisor at any time for any reason if it does not have other policies or contracts that contradict that flexibility.” ”
8. True or False: “Terminating others who were not involved with the union at the same time Jack was let go would support the company’s position in an unfair labor practice charge.” ”
9. True or False: “Section 7 rights require the company to terminate those with less than the 3 years’ seniority Jack has before letting him go.” ”
10. True or False: “Darrell’s comments represent Management being efficient and having voice.” ”
Part C — Case Analysis: Unfair Labor Practice
In the United States, an unfair labor practice refers to part of employers’ actions or union actions that violate the NLRA (“National Labor Relations Act”) (National Labor Relation Board, 2015 p 1). The Section 8 of the NLRA reveals that it is unlawful to interfere in the employee’s decision which may discourage them from joining the union. The Act also forbids the union to coerce employees into joining the union.
Several unfair labor practices have been identified in the case. First, the company has discouraged the employees to join the union. Moreover, the company has threatened employees of losing their jobs if they join the union. The company also denies the right of employees from joining the club.
Section 7 and Section 8 of the NLRA reveals that employees have the right to join the union in order to advance their interests. Moreover, it is unlawful for employers to interfere in the employee’ rights or coerce with employee in order to deter them from exercising their rights. Section 7 of the NLRA guarantees employees
“the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” (National Labor Relation Board, 2015 p 1).
It is also unlawful to promise employee financial benefits or other benefits if they refuse to join the union. Another unfair labor practice is by telling employees not to join the union. For example, the company has instructed to retrieve their authorization cards if they have already joined the union. The act is an unfair labor practice. It is also an unfair labor practice threatening closing a business if employees decide to join the union. The case has revealed that the company has threatened to close Ohio store if the employees join the union.
More importantly, it is unfair labor practice to tell employees that joining union is a futile practice. The case has revealed that the company has posted a notice of “no solicitation” policy telling employees that joining the union will not deliver them any good. Additionally, it is unfair labor practice threatening employees that they would lose their jobs if they join the union. In the case study, the company has threatened the employees that they will lose their jobs if they attempt to join the union. All these labor practices are unfair because they are against the labor practice law.
Defense the Company Would Give
The company can defend itself by pointing out that employees have the right to choose whether to join the labor union or not to join the union. It is essential to realize that an employee may refrain from joining the union, and it is not the responsibility of the company to encourage employees joining the union. The company may defend itself by claiming that it is not their duty to encourage the employee to join the union and no employee in their company has willingly voiced out to join the union. The company can also claim that it is not in the employment contract signed by the employees that they should become the union members. A union membership is voluntary and employees have the right to choose from joining the union or not.
Moreover, the company can argue that employees’ grievances have been resolved, and have been satisfied with new benefits offered to them. For example, the company has approved a new vacation policy for employee, improved employees’ healthcare benefits, and decreased the number of hours per week. The company has also announced major medical benefits for employee and accident insurance plan.
The company may also defend itself by pointing out that it is suspecting the union coercing the employees from joining the union. Typically, several employees are not well informed about financial contributions towards the union. Some employees believe that joining the union is free of charge and the union has not fully explained to the employees their full responsibility towards the union.
More importantly, the company can defend itself that it has no interest in closing the Ohio store because of employees’ intention in joining the union. The company will always allow the Ohio to remain in business as long as the store delivers profitability. However, it is essential to realize that employees’ business conducts are the major factors that can make a company to remain in business. If the employees’ business conducts assist the company to earn profits, the company has no obligation to close the Ohio store since the major objective to open a business is to make profits.
National Labor Relation Board (2015). Interfering with employee rights (Section 7 & 8(a)(1)). USA.
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