1. In the case Lechmere, Inc. v. National Labor Relations Board, 502 U.S. 527 (1992), Lechmere was a large retail store located in a plaza that also contained several smaller satellite stores. In this case the union filed an unfair labor practice against Lechmere for violating Section 7 of the NLRA for not allowing its non-employee organizers to distribute literature on the companies parking lot. There was not sufficient area for on public property for these organizers to be able to speak with employees. In this case the NLRB ruled in favor of the union stating that “The right to distribute is not absolute, but must be accommodated to the circumstances, where it is impossible or unreasonably difficult for a union to distribute organizational literature to employees entirely off the employer’s premises, distribution on a nonworking area, such as the parking lot and the walkways between the parking lot and the gate, may be warranted.”
In the case of Republic Aviation Corp. v. NLRB, 324 U.S. 793 (1945), the employer fired four employees in total for violating the company’s policy stating, “Soliciting of any type cannot be permitted in the factory or offices.” One employee was soliciting union membership in the plant by passing out application cards to employees on his own time during lunch, and three other employees were discharged for wearing UAW-CIO union steward buttons in the plant after being requested to remove them. The NLRB ruled in favor of these employees having the reinstated and had the company remove its no solicitation rule because it violated Section 8(1) of the NLRA.
You can see by these two cases that there is a difference between employee and non-employee union organizers. The main difference being in where they ...
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...intention of entering in to a collective bargaining agreement. “Section 8(d) of the National Labor Relations Act states that “to bargain collectively is the performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement, or any question arising there under, and the execution of a written contract incorporating any agreement reached if requested by either party, but such obligation does not compel either party to agree to a proposal or require the making of a concession” (Cox, Box, Gorman, Finkin, 2011).
Works Cited
Cox, A., Bok, D. C., Gorman, R. A., & Finkin, M. W. (2011). Labor law cases and materials. (5th ed.). New York, NY: Thompson Reuters/Foundation Press.
(Cheeseman2013) In the National Labor Relation Board v Shop Rite Foods case some employees of Shop Rite Foods of Texas elected a worker union as a Bargaining agent for a collective bargaining agreement for over 3 months the agreement was still not settled. Then ShopRite began to notice a lot of it merchandise being damaged in the warehouse. They determined that the damage was being intentionally being caused by dissident employees as a pressure tactic to secure concessions from the company in the collective bargaining negotiations.
The case study of GMFC provides an example of a company attempting to avoid unionization of its workers. GMFC is expanding by building a new U.S. plant which will manufacture motorized recreational equipment. The company plans to hire about 500 production workers to assemble mechanical components, fabricate fiberglass body parts, and assemble the final products. In order to avoid the expected union campaign by the United Automobile Workers (UAW) to organize its workers, GMFC must implement specific strategies to keep the new plant union-free. GMFC’s planning committee offers suggestions with regards to the plant’s size, location, staffing, wages and benefits, and other employee relations issues in order to defend the company against the negative effects of unionization and increase...
Moran, J. J. (2008). Employment law: New challenges in the business environment. New Jersey: Pearson Prentice Hall.
David Brody argues that the rise of contractual or collective bargaining relationships during the post WWII era formalized the relationship between employers and unions, but simultaneously began to put a break on shop floor activism. Explain Brody’s argument and, where relevant, incorporate Weber’s theory of bureaucracy.
...lley, W. H., Jennings, K. M., Wolters, R. S., & Mathis, R. L. (2012). Employment & Labor Relations. Mason, OH: Cengage Learning.
Wallerstein, M. & Western, B. 2000. Unions in Decline? What Has Changed and Why? Annual Review of Political Science. 3: 355-377.
Bennett-Alexander, Dawn D. & Hartman, Laura P. (2001). Employment Law for Business (3rd ed.). New York: McGraw-Hill Primis Custom Publishing. Downloaded February 4, 2008 from the data base of http://www.eeoc.gov
To conclude this analysis on the basis of the labor’s extensive history, Sloane & Witney (2010) propose, “it is entirely possible that labor’s remarkable staying power has been because of the simple fact that to many workers, from the nineteenth century to the present, there really has been no acceptable substitute for collective bargaining as a means of maintaining and improving employment conditions” (p.80). In the end, it is important to anticipate unions and employers presently work together to find solutions that will enhance collective bargaining strategies and practices to serve the interest of both parties.
During an authorized plant inspection by Ruben Warshovsky, part of the unionization campaign, the union representative would stop and address employees ¡§Hello, I am Ruben Warshovsky from the United Textiles Workers Union of America,¡¨ or some other greeting identifying himself as a union representative while traveling through the plant. Management threatened to get an injunc...
Throughout American history, labor unions have served to facilitate mediation between workers and employers. Workers seek to negotiate with employers for more control over their labor and its fruits. “A labor union can best be defined as an organization that exists for the purpose of representing its members to their employers regarding wages and terms and conditions of employment” (Hunter). Labor unions’ principal objectives are to increase wages, shorten work days, achieve greater benefits, and improve working conditions. Despite these goals, the early years of union formation were characterized by difficulties (Hunter).
United States of America. National Employment Law Project. National Employment Law Project. N.p., Jan. 2011. Web. 18 May 2014.
A collective bargaining agreement collectively sets the terms on which an employer offers individual work contracts to each of its employees in the bargaining unit. A bargaining agreement, also herein referred to as a labour agreement, is a legally enforceable written commitment, which states the rights and duties of all parties involved. The labour agreement should be made in good faith and is intended to be observed and not violated. The National Labour Relations Act obligates employers and unions to bargain in good faith concerning terms and conditions of employment, including hours and wages. Like any normal contract, competent parties must enter into a labour agreement. However, a labour agreement is unique from other legal contracts in that there is no consideration involved and nothing tangible is exchanged. Many, but not all, unions require formal ratification of a new labour contract by a majority membership acceptance, which is determined through vote by the members. Until majority approval of those voting in a ratification election is received, the proposed labour contract is not final. While each labour agreement is unique to the needs of an organization and its employees, most agreements include five issues: (1) Management Rights, (2) Union Security, (3) Wages and Benefits, (4) Individual Security (Seniority) Rights, and (5) Dispute Resolution. Management Rights “Management” is the process of working with people and resources to accomplish organizational goals by making the best possible use of money, time, materials and people. The management process, when properly executed, involves a wide variety of activities including planning, organizing, directing and controlling. It is management’s role to perform all of these functions in order to maximize results.
Collective bargaining is the process in which employers and unions undergo a series of negotiations that include terms and typical of collective bargaining where both parties concur to conditions of employment. These conditions may include wages, hours, and working conditions (Budd 229).
Verma, A. and McKersie, R.B. (1987) 'Employee Involvement: The Implications of Noninvolvement by Unions', Industrial and Labor Relations Review, vol. 40, no. 4, July, pp. 556-568.
Suffield, L., & Templer A. (2012). Labour Relations, PH Series in Human Resources Management, 3rd Edition