Mudule 11 Case Study Essay examples

Case 5-3, "Did the Company Violate....?", p. 232; and Case 5-5, "Bulletin Board Use", p. 236. Answer the questions at the end of each case in typewritten format, 3 - 5 pages.

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

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

If the subcontractor to whom a struck company has contracted work is unionized, its employees legally can refuse to perform the work. Such refusals are allowed under the

I believe the union did violate Title I, Section 101(a) of Landrum-Griffin Act since during the monthly meetings ”subjects such topics as union expenditures, salaries of officers, general complaints with particular employers, and various other operational matters” Under Title I, Section 101(a) “every member of a labor organization shall have equal rights and privileges within such organization” these meetings are hosted in English when nearly half of all union members do not understand English is unfair and not treating those who can not understand equally. Paul Sanchez has requested a translator that is not apart of the union so that the message is clear and with out opinions or objectiveness. He was denied the request by the union. A remedy to this would be to ensure all union members are able to participate and understand what is discussed during monthly

Their hours are regulated with breaks that must be applied no matter how heavy the work load. This can create a problem for managers who wants to apply “new ways of working” because the union must agree with any work station changes. Union workers cannot work outside their job description, because it’s the contracts. This is another problem for the employer especially during season changes or other employee is not available. It is complicated to communicate with union employee sometimes, because of their contract. There are some challenges, but an employee can employers can create and maintain “good working relationship with union

The labor union movement over the years has shaped the way individuals work and live for both the nicest and unpleasant. Some would think the unions influence has created a power struggle between management and union leaders. In today’s time, some citizens insist the existence of unions are a must to aid in employee freedom, while others view the labor unions as just another problem in the line of progress. The purpose of labor unions was for employed workers to come together and collectively agree on fundamental workplace objectives. The rise of the union came about after the Civil War- responding to the industrial economy. Surprisingly at the least unions became popular within the 1930-50’s and began to slowly decrease,

In Australia, it is illegal for an employer to fire a worker for being a member of a union, and they are unable to prevent workers from joining a union (Trade Unions 2012). In the same respect, management cannot force employees to join unions or treat their staff unfairly for belonging to a union (Fair Work Ombudsman 2013).

From this perspective, trade union is perceived not necessary and the role of it is creating conflict, and it is seen an unwelcome intrusion into the organization from outside competing with management for the loyalty of employees (Rose, 2004). Trade unions exist either as the result of wickedness or perverseness of individual employees, or because of a failure of management to anticipate and incorporate worker needs and concerns (Bray, Deery, Walsh and Waring, 2005).

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.

How does the history of unions and the collective bargaining process impact negotiations today? What are some of the current trends or problems in labor relation practices?

The unions duty of fair representation as stated in (FLRA, 2016)is the obligation set forth in the second sentence of section 7114(a)(1) of the Statute is commonly referred to as an exclusive representative 's duty of fair representation. The Authority has interpreted this section to require an exclusive representative to represent the interests of all bargaining unit employees: 1) without discrimination; and 2) without regard to whether the employee is a dues paying member of the exclusive representative. The duty of fair representation is grounded in the principle that when a union attains the status of exclusive representative, it must use that power to fairly and equally represent all members of the unit. The union has met its obligation of fair representation when it has represented the employee fairly, in good faith, and without discrimination. In my opinion the union in the case cited did not meet its fair representation obligation due to not representing Green in good faith or without discrimination possibly on the grounds she is a non-dues paying employee. Therefore, her rights under the LMRA have been violated due to unfair labor practices. To reinforce my statement under the NLRB (NLRB, 2016) a union which represents you cannot refuse to process a grievance because you have criticized union officials or because you are not a member of the union. In the case cited Green was under the assumption when meeting with the Union Grievance committee she was participating

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.

The company needs to get the employees on board and support them. The staff do not seem to think the company has their best needs on board and are looking to join the Unite trade union, which the company does not recognise. Trade Unions are not there just to protect their members in matters against their

The Constitution under Section 231 of the Labour Relations & Industrial Dispute Act (LRIDA) under 4-1 speaks to the fact that the worker has the right to become a member of a trade union..