Analysis Of The Six-Team Strikes

Over the years there have been several laws passed in the United stated pertaining to employees, employers, and unions including The Labor Management Reporting and Disclosure act of 1959 (LMRDA) and the Taft-Hartley act (Hero, 2015), (Legal Dictionary, 2015),. These laws and acts serve as a guidelines in making union, employer, or judicial decisions (Department of Labor, 2015). In 2012 Pilots of American Airlines were facing the task of striking or not striking, and made their decision based on the guidelines of these acts stated below.

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 judge used the Quietflex to determine the severity of the strike. He came to conclusion that demonstration of the strike that not interfere with a daily function of the store. The Field Project Supervisor Art Van Riper told the six-team members that their service was not needed and that they can go home. According to this principle of Quietflex test; the Filed Project Supervisor Art Van Riper was not follow the correct protocoled sending them home. Art Van Riper was actually doing something illegal since the strike did not harm any individuals or the company.

7 The right of employees to strike in support of their bargaining demands is protected by

Strikers were blacklisted and put on a do not hire list to prevent them from working again The aftermath of this even was to create the National Guard, whose main purpose is to enforce order at home and protect Americans against foreign threats

The duty of fair representation means that the union has a legal duty to represent fairly all members of the bargaining unit. A union owes the duty of fair representation to all employees that are in the bargaining unit whether they are part of the union or not (Cihon & Castagnera, 2015). As for remedies ones must first exhaust internal remedies that may be available. After that they can then file a suit under Section 301 or Section 8(b)(1)(A) unfair labor practice proceeding. Thus, effected employees may have the right to file a grievance under the collective bargaining agreement.

“It is the refusal of employers to grant such reasonable conditions and to deal with their employees through collective bargaining that leads to widespread labor unrest. The strikes which have broken out… especially in the automobile industry, are due to such “employee trouble.” (Document G)

The National Labor Relations Board focuses on employees of the private sector and the postal service. Other than these two jurisdictions the board has no authority over airline, agricultural, governmental, or railroad employees. To be able to process charges, parties must first file against the employer or the union with a regional office who will then examine the complaint. If the complaint proves valid it is then taken before an Administrative Law Judge who will carry out a hearing. Both parties must prepare their arguments and present their

The act also created the National Labor Relations Board (NLBR) which monitors the collective bargaining process. It’s made up of five members, who run offices all over the United States.

The gender roles that we have generally accepted, along with those depicted in, “Batting Clean-Up and Striking Out”, combined with the points argued in “What’s Wrong with Gay Marriage?”, help to provide an underlying factor for people’s opposition to gay marriage. We don't often think about how gender roles play a part in our daily lives. However, when you do think about it, the list can seem to go on and on.

Next, it is important to understand what the NLRB does and does not have jurisdiction over. The NLRB does not have jurisdiction over 6 types of labors: (1) governmental employees, (2) persons covered by the Railway Act, (3) independent contractors, (4) agricultural laborers, (5) household/domestic workers, and (6) employees who work for their spouse or parents (Reed, 631). Technically the NLRB has jurisdiction over everything else; however, the NLRB has a limited budget as well as time constraints and so must limit

On the traditional views and medical ethical codes, health care workers should not go on strike because strikes, without doubt, will reduce, delay, and meddle with necessary healthcare. Such view originates from the Hippocratic Oath. The Hippocratic Oath sees the rights of health care workers strikes as a contention with their obligations and the rights of patients. With that in mind, healthcare workers should not refer strike as a first bargaining method (Fiester, 2004).

Defined, a strike action is “a refusal to work, initiated by a group of employees as a method of protest, in an attempt to achieve an allowance or allowances from their employer.” (“Difference between Strike and Lockout”, 2016).

Starting over one-hundred years ago, labor unions have been gaining strength throughout America. Unions struggled for many years and had stiff opposition from business owners as union leaders fought for their rights. Over multiple different industries, unions eventually became victorious, including workers at General Motors production plants. Like most other big businesses, GM was strongly opposed to labor unions. “For example, General Motors (GM) spent $839,00 on detective work in 1932 alone and used a group called ‘The Black Legion’ who employed various intimidation tactics against active unions members” (Tuncer). Because GM was so opposed to unions, the Sit Down Strike was a historical moment for labor unions in the automotive industry. The strike ultimately improved wages, improved working conditions, and caused GM to recognize unions.

Employees also shouldn’t be able to go on strike because it causes a lot of conflict which would cause a lot of commotion, more work for the other employees, less money and customers for the business. Employees should take the risk to strike because it gives them a voice and it tells them they don’t have to live without an opinion. Allowing strikes to happen is a more logical reason then not because it lets people express how they feel rather than dealing with problems by