Contract Bar Case Analysis

Most time, acceptance would be made in clear and loud matters, such as saying “Yes, I accept.” But silence would constitute acceptance of an offer where the common-law and statutory law allows. Supreme Court of Nebraska has confirmed in Joseph Heiting and Sons v. Jacks Bean Co that acceptance may be established by silence or inaction of an offeree and acceptance occurs when the buyer/offeree “does any act inconsistent with the seller/offeror’s ownership...” Neb. U.C.C. section 2-606(1)(c). In Joseph Heiting and Sons v. Jacks Bean Co, 463 N.W.2d 817, 236 Neb. 765 (Neb.,1990), Heiting (Plaintiff) offered to sell its beans at the posted price on September 30, 1987, but was never informed of acceptance or rejection of the offer. Heiting and Jacks

In 1947 it was revised to help better protect employees as well as employers. The revision stated that employees and managers must bargain “in good faith” with each other, and illegalized wild cat strikes, (refusing to work under a valid contract). These rights help employees as well as employers to be treated fairly. Forcing employees and employers to work together as a team can increase their understanding of where each side is coming from, as well as making it easier to compromise. The act also prevented businesses from becoming “closed shops,” (places where only union members were hired.) and prevented members from forcing others to join a union. Employees were also given the option to hold elections to certify and decertify unions. Employers were given the freedom to voice any concerns they had over unions so long as they did not interfere with the organization of unions. The revised act also gives the president the power to call off strikes in the event that it becomes a national emergency. A board may be hired to examine the situation of the strike so that the president may better understand why the situation has not been resolved. The president can then put an injunction on the strike; if a decision is not reached, the injunction can be extended.

Labor unions represent workers interests and the collective bargaining process provides a way to manage the conflict (Noe, 2003). More than ever, union employees have come to see unionizing as a way to achieve an

Once these criteria are met an election occurs to determine if employees want to unionize. The National Labor Relations Board oversees the election to make sure that a true secret vote is secured. If a majority of employees, which is one vote over 50%, agree to join the union then the NLRB certifies the union as the bargaining representative.

LEWIN, D., KEEFE, J. H., & KOCHAN, T. A. (2012). THE NEW GREAT DEBATE ABOUT UNIONISM AND COLLECTIVE BARGAINING IN U.S. STATE AND LOCAL GOVERNMENTS. ILR Review, 65(4), 749-778 Retrieved from https://web-b-ebscohost-com.bethelu.idm.oclc.org/ehost/pdfviewer/pdfviewer?vid=4&sid=71a03270-ad95-41f9-a574-414b59891617%40sessionmgr103&hid=101

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 National Labor Relations Act seeks to promote collective bargaining to resolve employer and employee concerns. Because many agreements between labor and management sometimes affect and/or restrain competition under the context of the Sherman Act of 1890, a

The Taft–Hartley Act amendments in 1947, however, explicitly stated that if “a question of representation exists, [the NLRB] shall direct an election by secret ballot” [Section 9(c)].

The NLRB and the courts have interpreted this statutory provision to mean that employees ( both union and non-unions members ) have the right to act together and discuss the terms and conditions of employment with fellow employees, to

The National Labor Relations Act, is occasionally called the Wagner Act, after its primary benefactor, Senator Robert Wagner of New York, conditions and outlines the entitlements of workforces to coordinate and to bargain communally with their superiors through the delegates of their selecting or not to do so. The Act has numerous areas of importance, two of which are: 1) To safeguard that workforces can liberally vote for their individual delegates for collective bargaining, otherwise prefer not to be represented, the Act authenticates a practice through which they may implement their selection at a secret-ballot election controlled by the National Labor Relations Board. 2) Moreover, to safeguard the

The RLA or the Railway Labor Act is applied to “rail and air carriers and their non- managerial employees”. (Fossum, 1979, pg.64) It’s purposes include “avoiding service interruptions, eliminating any restrictions on joining a union, guaranteeing the freedom of employees in any matter of self-organization, providing for prompt dispute settlement and enabling prompt grievance settlement”. The RLA allows employers to vote an organization to exclusively represent them for negotiations aimed at reaching conditions that would improve working conditions. Unlike other private or public sector labor laws, contract negotiations under RLA continues to be in effect, despite passing the amendment date until a new agreement is reached by the committee. (Fossum,1979, pg.64)

To properly examine the NLRB it is imperative to understand how it is organized. The NLRB “has five members and primarily acts as a quasi-judicial body in deciding cases on the basis of formal records in administrative proceedings. Board Members are appointed by the President to 5-year terms, with Senate consent, the term of one Member expiring each year” (NLRB.gov). In addition to the board members there is a General Counsel, which is appointed by the President to a 4-year term and is independent from the board. The person appointed to the position of General Counsel is responsible for the investigation and prosecution of unfair labor practice cases and for the general supervision of the NLRB field offices in the processing of cases. (NLRB.gov) The NLRB also has a Division of Judges, which is made up of 40 Administrative Law Judges who hear, settle and decide unfair labor practice cases throughout the United States.

The National Labor Relations Act (NLRA) started in July 1935 to protect the rights of employees, rather, they be union or nor-union employees (Pozgar, 2012). The employees are protected under the Act or may employ in bubble-like, rigorous goings-on in situations other than the customary union organizations and cooperative bargaining. The National Labor Relations Board regulates the employers from interfering with the rights of the employees to implement or organize and join with a groups that offers assists with collective bargaining purposes like organization union or joining one (Pozgar, 2012). The employer may not restrain, coerce or stop employees

The National Labor Relations Act was enacted by congress in 1935 in order to define and defend the rights of the employment relationship. The act allows employees of a company the right to form a union and have the union organization represent them through collective bargaining. Collective bargaining is the process of negotiation between both parties; Union representatives and a corporation, with the purpose of reaching an agreement for the best interests of employees and the corporation. In the negotiation process the attempt is to establish primary factors of importance which are advantages the union fights for and ultimately provide for its stakeholders that would otherwise not have

Collective bargaining agreement is a contract that exists amid the employer and employee. One union for