Analysis Of The SGA Representation Campaign

Facts: In Davis Supermarkets, Inc. v. National Labor Relations Board 2 F.3d 1162 (DC. Cir. 1993), the Court was asked to decide a dispute between an employer (Davis) and the National Labor Relations Board (NLRB). The NLRB had found that Davis committed unfair labor practices, which Davis disputed. A union (Local 23) was attempting to organize a local at Davis. Several employees signed authorization cards for the union. Six of those employees were terminated in a mass layoff that impacted eight employees. Davis then fired or constructively fired three more employees who had filed authorization cards. Davis's chairman of the board then informed employees that he wanted them to sign authorizations with the Steelworkers, a competing union. However, Davis maintained that the employees were terminated for cause, not because they signed authorization cards for Local 23.

The unfair labor practices include: interfering with employees as they engage in concerted acts, dominating or assisting a labor union, discriminating against an employee for engaging or not engaging in union activity, punishing an employee for filing charges against their employer with the National Labor Relations Board, and lastly the act requires that employers collectively bargain with employees unions in good faith (Cornell University Law School). The National Labor Relations Board was formed to ensure that these rules, and all those established by the Wagner Act are enforced. The board maintains its integrity by maintaining a five member board, which is appointed by the president, along with 33 regional directors (National Relations Labor

They are various employer tactics that interfere with employee’s “freedom of choice in being represented by their chosen advocates”. Unions may not try to influence management to discipline employees who did not join the union or refuse to represent employees because they are not union members. Some differences include that unions may not demand or require that an employer take action against an employer for any reason. A failure to pay union dues is an exception to this rule. Unions are also not allowed to force individuals to pay excessive initiation fees for union membership. In management, employers and unions may negotiate contract clauses requiring union membership as a condition of continued employment, also known as a union shop agreement. Also, employers may not refuse to bargain with an union over issues of pay, hours or other terms and conditions of employment. Furthermore, unions may not influence employees in the exercise of Section 7 rights. Meanwhile, in management an employer may not interfere with an employee engaging in any activity protected by Section 7. (Fossum,

Today, millions of American workers are denied their rights to consider forming a union since the process of voting on union formation has been corrupted. This has become an urgent crisis and a barrier to workers’ rights because they are frequently intimidated, harassed and even fired by their companies, which is blocking their freedoms and abilities to bargain for a better future. Therefore, the Organized Labour has made the Employee Free Choice Act, which helps workers remedy those problems from their employers. For further detail, a brief review of what the Employee Free Choice Act is and why it is important for workers’ rights follows.

Supreme Court, repeatedly found unions in violation of the Sherman Antitrust Act, even though that act had been intended to control corporations, not unions” (Murrin et al. 2002:701).

of the unions. Support for the union programs is not enforced. It 's agreed upon

Realizing the current business activities and productivity of GMFC, an employee of GMFC, Dave Neumeier has asked other human resources to get under a union so that the workers conditions in the workplace can be improved. Considering the existing business performance and profitability of GMFC, Dave Neumeier has suggested increasing the wage policy of the Custom Conveyer Division. At this particular point in time, as a union campaigner, it would be essential to understanding the specific need of the union. Identifying the main objective and attitude of a definite union campaign, it is important to understand the long process of the election campaign (Hung, 2004). In this particular case scenario, the design of the overall process must be led to set the foundation of the

History shows that there has been conflict of power within the workforce between union and management. This essay will discuss if management should have the right to determine whether a union should operate within their workplace. It is necessary first to discuss the roles of unions and management in the workplace and discuss both points of view on the power distribution between unions and management in the workplace.

Therefore, it is critical that supervisors are sensitized to recognize subtle signs that can indicate an incipient union drive before the word “union” is ever uttered. Some of the early warning signs of union activity include: frequency of employee complaints or related inquiries on pay, benefits and disciplinary matters; employees forming in groups and/or visiting work areas they might not normally visit; argumentative questions being asked in meetings; exit interview information revealing that people are leaving to escape an unpleasant

Labor laws set out the obligations and rights of employers with regard to work-related benefits, such as wages and overtime, workplace safety and the welfare of employees. There are provisions that an organization and union organizer must recognize to form relationships that are cohesive. All workplaces, including ones with unions require higher morale, efficiency, participation, and flexibility to be successful. Each of these agencies serves a purpose to the Labor Relations Laws. As the union organizer the obligations rest on knowing the federal agencies, and know what each does and how they apply to the labor relations process.

Some of the changes they noticed were they [(“laid off 1,500 employees, reduced employee’s pay, and decreased perks that the workers had previously enjoyed” (Nkomo, Fottler, & McAdee, 2012)]. In addition, SGA Industries changed the qualifications for labor positions which caused an increase in employee turnover. These changes prompted the workers to become interested in forming a union to address the changes in their work environment. They felt the union would advocate for their rights (Nkomo, Fottler, & McAfee, 2010).

Members of management of a company whose employees are attempting to organize cannot, by law, join a union. Once preliminary organizing begins and during the election campaign, employers have certain rights and responsibilities, as mandated by the NLRB. The employer may lawfully limit campaign activities that occur on company property, if it has a legitimate reason to do so. Employers may also limit places where solicitation may occur, limit time during which solicitation may take place, and limit access to the workplace by any outsider. Employers may limit distribution of union

The past decade it has not been a time of prosperity for organized labor, especially in the United States. The resistance of American employers to unionization has clearly increased over the past quarter of a century, spawning a multimillion dollar industry. The NLRA provides employees with the right to engage in protected concerted activity which includes the right to discuss wages, hours and terms and conditions of employment. Because of strong association with unions, non-union employers human resource directors rarely think of the act when making decisions on whom to hire, fire, promote, demote and discipline. NLRB rarely involved itself in disputes that did not include union organizing, collective bargaining or any other union-management

Employers being able to create policies that coerced employees to step away from the unions and

Table 1 indicates the relationships between managerial de collectivization strategies and employee responses. Six types of workers resistance are found as join union, informal collective type responses, the covert challenge to management authority, change in the work process, covert disruption to do things differently and withdrawal behaviors. The empty cells in the table told that some of the employee lack of support system to organize resistance. The first strategies which are managerial anti-unionism were highly attacked by the employees in different sectors. This is the famous form of resistance observed. For example, Servo and Tellcorp share the same response. The workers were afraid to face the union directly because the union did not be approved in the firm. The workers were disbanded from joining a union. In TEC where 6 respondents had been interviewed, they must join the union without employer notice. Moreover, a worker from Mini Steels had to forgo his membership threatened by his company. He asked to do so as a condition to receive a compensation provided. Surprisingly, there are also employees who actively join a union said the reasons they joined mainly because of personal interest such as protection and as a matter of principle.