Legal Representation For Unions: A Case Study

The Ontario Labour Relations Board (OLRB) is an independent, quasi-judicial tribunal mandated to mediate and adjudicate a variety of employment and labour relations-related matters under a number of Ontario Statutes.

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

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.

Organized labor affects the lives of many citizens everyday, often in a roundabout way. Labor Unions affect many different people from blue-collar workers to white-collar workers, stay-at-home moms, students, and retirees. Fewer; however realize the legal role Labor Unions have played and continue to play in the financial system, political affairs, and society in general. In today's society, more of our skilled hourly and unskilled workers belong to some sort of Labor Union and that is a good sign that Unions will not face extinction. As long as there is a need for higher wages, there will be a need for Unions.

The role of unions and their importance has changed over the years. A mixture of poor wages, high unemployment, non-existent benefits and insignificant professional stability amongst the more youthful era makes a ready demographic for restoration. The younger era is the slightest unionized section of our general public today by a long shot. Unions are important in today’s society because checks and balances are necessary entities in business and government, so if CEOs are just focusing on themselves and profits, unions are a necessary check to all that corporate power. Today and in the future, labor unions will continue to play an important role in our country 's work force and the quality of life for working families.

As your union organizer, I wish to dispel some of the inaccurate information you have been receiving concerning union representation. I want to provide you with facts that will help you decide if you would like to be represented by a union. A recent article in a leading human resource management textbook noted, “Workers dissatisfaction with their jobs and, in particular dissatisfaction with their wages, benefits, and supervision are most related to the tendency to vote for a union” (Bernardin & Russell, 2013, p. 327). These are the exact reasons we want to form a union here at ARC to represent our interests as

Labor unions date to the 19th century.  The three labor unions were created  to improve work life in the factories. Workers had long hours, poor conditions and low wages; while their employers enjoyed vast wealth.  Labor unions are groups of workers and employees who bond together to get safer working conditions, better wages, and reasonable hours.  Most famous union is the American Federation of labor (AFL), founded in 1886 by Samuel Gompers.  Labor unions protect the rights of workers in specific industries.  Labor unions tend to be more common in manufacturing, mining, construction, transportation, and the public sector.  Labor unions have been around for a long time.  The earlier unions were called craft unions, consisting of members who worked in the same trade such as carpenters and printers.  Working people need to earn enough to support their families; good wages are a part of that, so are health care, paid sick leave and other rights that make sure that working people can do their jobs and take care of their families.

The Labor Unions protect their workers in many different ways people do not know. The Unions make it possible for their members to receive adequate pay better benefits, have left of absences, and have vacation time when you ask and not take the punishment for it. Once you are in the union books it is hard to be fired from it. There is a downside of it, you can be laid off which is not being fired.

Employees now had the right to strike, and the employer’s retaliatory powers were limited under the act’s unfair labor practice provisions. By legislating the recognition of employee representatives and protecting the right to strike, NLRB forced the employer to share the decision-making power with employees. Employers can’t decide Labor no longer depended on work stoppages to get to the bargaining table or on economic factors to determine its equality. (Carrell, 2010) Therefore, employers can’t change any agreement decision without negotiation with union representatives.

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.

After research, the case I have chosen for my law review assignment is, Amanda Hawkins et.al v. Anheuser-Busch, Inc. This case peaks my interest because it occurs in a manufacturing environment with a union presence. This is where the majority of my work experience lies. The four defendants in this case propagate claims of sex-discrimination, retaliation, sexual harassment and a hostile work environment (Amanda Hawkins et.al v. Anheuser-Busch, Inc., 2007). The individual at the center of the allegations was terminated, only to be reinstated by the union after a six month suspension. I understand why unions were created and the need for them at the time. However, it has been my experience that when working in a union environment, an organization’s

Union benefits the employee by negotiating with their employer as a group to get a higher pays, benefits, better hours, etc. Unionization process is done with employee agreement to agree to use union in representing them in negotiation with employers. The Legal Basis to engage in union activities can be found in the Wagner Act, or National Labor Relations Act, of 1935 (Cascio, 2010). For a company to get unionize, at least signatures from 30 percent of the employees are needed (Lee Smith, 2011).

The Court held an employer could not be compelled by the Act to do so if other channels of communication are available that allows the union to reach the employees, provided that the employer does not discriminate against the union by allowing other distributions. The Supreme Court stated that so long as the circumstances of the employment do not "place the employees beyond the reach of reasonable union efforts to communicate with them," respect for the employer 's property rights allow it to prohibit nonemployee access to its property. In doing so, the Court specifically differentiated the access rights of employees from those of nonemployees. The distinction [between employees and nonemployees] is one of substance. No restriction may be placed on the employees ' right to discuss self-organization among themselves unless the employer can demonstrate that a restriction is necessary to maintain production or discipline. Republic Aviation Corp. v. Labor Board, 324 U.S. 793, 803. But no such obligation is owed nonemployee organizers.” Ted Scott and Sara B. Kalis, Littler Mendelson, P.C.1.

Collective bargaining is the process by which conditions of employment are negotiated between management, and the labor organization representing employees in the bargaining unit. However, “collective bargaining refers to a situation in which union members and officials meet with an intent to resolve any issues or conflicts, in an attempt to maintain relationships” (Holley, Jennings, & Wolters, 2012, p. 243). The collective bargaining process relies on four aspects: recognition of the meeting, meeting with appropriate parties, bargaining in good faith, and incorporating the reached agreement (Adam, 1997). Nevertheless, collective bargaining activities are governed by the National Labor Relations Act (NLRA). The NLRA requires bargaining

The relationship between unions and organization is a touchy one. Dating back to the start of unionization in the 19th century, the two bodies have held opposing viewpoints. Unionization was formed from the opinion that organizations took advantage of workers and some form of a negotiating agreement was needed. There were documented events of workers working long taxing hours for insignificant pay; no healthcare coverage; dangerous working conditions; and gender and or racial discrimination. Companies believed that unionization caused less productivity which endangered profits. Companies also believed that unions interfere in daily processes, and limits the employer’s say over compensation and benefits. The