Davis Supermarkets Inc vs. National Labor Relations Board: A Case Study

They also fired four workers who joined the union in Texas. “They have zero tolerance,” exclaimed management consultant Martin Levitt. There’s nothing that the workers can do, even a lawsuit can not help unless you want to spend years in court. “It’s a long process,” McLaughlin concedes. The success of the organizations depends on the worker’s ability to influence more than just the stores employees, to join unions and help fight for their rights.

The company after realizing that there was union organization in progress increased employee workload while reducing the workweek (called a stretch out). This is an implied financial threat by management that they controlled the workers, their income and their ability to have a job and their time off from the job. As long as employees showed sympathy to the union that management would make it hard on them. This is another potential violation of the ULP

The National Labor Relation Act of 1935, protects employees against discrimination and anything that affects the interstate commerce. The defendant was ordered to cease further from discrimination, offer employees their positions back, and show notices that there will be no further discrimination against members of the union. Jones & Laughlin Steel argued that the NLRB’s actions were unconstitutional because there goods were manufactured and not interstate commerce; meaning the government had no place to regulate. (The Oyez

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.

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

3. If you were a member of the NLRB, how would you rule in this case and why?

Unions employ labor laws to protect their members from organizations that operate in violation of the National Labor Relations Board. It is imperative that organizations such as Lewis & Lambert have a clear understanding of their union contract and the laws set forth by the NLRB.

One of the principal acts occurring during the 1980s and early 1990s as a result of Republicans stepping in and extending their authority over unions involved the NLRB saying that unions were no longer able to force an employer to bargain with them as long as it did not represent the largest part of the individuals within the company. This practically meant that unions were left with little to no power to act in some situations and employees simply had to accept laws that their managers imposed, regardless if they were justified or not. Matters were especially confusing because it had only been a few years since the NLRB

(Reese, 2004) In addition, they made a “closed-shop” illegal, and mandated that union had an obligation to bargain in good faith. The final two changes prohibited unions from encouraging boycotts and unions were not allowed to charge excessive dues or initiation fees and could not participate in the practice of “featherbedding,” or causing an employer to pay for work not performed (Reese, 2004).

There are several million undocumented immigrants employed in the United States (Burton, 2015). Even though the labor market has changed, the original National Labor Relations Act has not. The NLRA provide legal protection to employees to not be terminated for participate in organizing a union. NLRA created a blanket enforcement of NLBA rights equal for undocumented workers and U.S. citizens (Zdravecky & Hass, 2014). The law does not expressly detail terms who is considered an employee of an employer. The original intent of the law was to provide protection to anyone regularly employed in the U.S. The actions of the NLRA board makes it clear the board felt that undocumented workers deserved equal protection for the NLRA. If employer was

From the case under study it is in line with the legal requirements that the TSA can file a legal petition for reinstatement (Cooper, 2012)., it is clear that the employer entered into this agreement knowingly and ready to abide by the rules and regulations only to deny doing as required by the law and refuse the reinstating of the employees The NLRB is guided by the National Labor Relations Act and has several responsibilities towards the employees. It is under the National Labor Relations Act that the employees who are not represented by a union get their rights protected. Some of the areas where they are assured of the protection are when employees wish to address their employer on pay, when the workers are discussing issues related to work beyond pay such as safety concerns, and when a worker speaks to the employer on behalf of other employees (Schwartz, 1983).

David works in Johnson Industrial, which is a small auto parts manufacturer. This workforce is non-union. David has been employed as a production Operator for 20 years; his last drawn salary was $2500. However the company wants to lay off 15 production workers in order to face increased competition in automobile industry. David is very distressed about losing his job and he is dwelling on taking legal action against Johnson Industrial.

The 10 strike replacements will make arguments that the employers have violated section 13 of the National Labor Relations Act (NLRA). They have indulged in unfair labor practices. Also, their terminations were illegal. The employees’ grievances are permitted

Yes, the employer statements were unlawful. The NLRA guaranteed workers the right to join unions without fear of management reprisal. It created the National Labor Relations Board (NLRB) to enforce this right and prohibited employers from committing unfair labor practices that might discourage organizing or prevent workers from negotiating a union contract. Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through

If a union is not obeying the law then a strike can be charged as illegal and the participants are subject to discipline. The employer can request the board for cease immediately and if the orders are disobeyed, then a court order can occur. The breech of court orders can result in fines and jail sentences and employers can also sue the individuals or unions for any damages that may occur. Furthermore, union leaders can be charged and held responsible for the consequences of the strike. Considering the differences of legal and illegal strike, as discussed