Peter B. Robb: A Case Study

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.

After being terminated, Martinez filed an unfair labor practice complaint alleging that the Company’s confidentially agreement was overly broad and unlawfully restricting her rights under section 7 of the LMRA. Martinez reasoning for doing that is because she has the right to disagree with the union and voice her opinion by disclosing the terms of her agreement and involving other parties. She has the right to be able to disclose all the agreements with the contract to the LMRA. The fact that the agreement was so broadly worded results in Martinez not being able to state the exact amounts she would make within this case. If I were a member of the NLRB I would rule this case in favor of the ReadyPro Company. Only because if I was Martinez I would have read over the confidentially agreement and noticed how broad it was and made them change it and add exact amounts in order for me to work there. Martinez didn’t do that, she signed and agreed to obey the contract, therefore if she did step out of her agreement it would result in her being terminated. Lastly, I would rules that ReadyPro to reimburse Martinez the full $15 each day she used her equipment and no longer allow her back into the

With the WAGE Act, instead of or in addition to filing a complaint with the NLRB, employees or unions would be allowed to file a private right of action in courts and be entitled to any remedies available under the NLRA and if successful also receive reasonable attorneys’ fees. One of the criticisms with a failed predecessor of the WAGE Act, the Labor Law Reform Act in 1978, was that it would create increased filings of complaints, therefore allowing employees to harass employers costing time, money, and energy. With employees and unions being able to file suit for violations of the NLRA this same argument could be leveled here, that employees and unions will be extremely litigious and the number of cases filed against employers will increase thereby increasing costs, time spent on litigation, and flood the court systems with endless litigation that could make the courts run less efficiently. Therefore, it is likely that this argument against the WAGE Act will surface once debate on the bill picks up and knowledge of the act becomes more

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

(Cheeseman2013) In the case of American Ship Building Company v. NLRB. This was a company who operated a shipyard in Chicago. The company was mainly involved in the repairing of ships. This was an extremely seasonal industry for the company, focused in the winter months during the freezing of the Great Lakes which made shipping impossible. The workers were represented by numerous labor unions. Those same union contacted American Ship Building Company that they would be seeking some changes to the their collective bargaining agreement once it expired subsequently on a numerous occasion the union called strike after the ships would arrive in to the shipyard for it repairs. They did this to increase their ability to bargain with the company had not been the 1st time this had happen so American decide before the agreement was to expire the laid of the workers. (Cheeseman2013)

According to NLRB website, NLRB is US government agency with responsibilities that help employees protect their rights against employers. NLRB helps and protects employees to join amongst other employees that are with or without a union to help improve their working conditions and wages. The NLRB also helps enforce US labor laws in affiliation to collective bargaining and unfair labor practices. The NLRB board is developed of five members and acts as a quasi-judicial body. This means it is made up of a public administrative agency that has the procedures and powers of those resembling a court of law or even a judge. They are obliged to objectively determine the facts and make conclusions from the facts to provide the basis of an official action. They serve a term of 5 years with one member’s term expiring each year. They are appointed by the President and with Senate consent. The current board consists of Philip A. Miscimarra, Mark Gaston Pearce, Lauren McFerran, and holds two vacant spots. As for the General

Congress passed in 1935 the National Labor Relations Act ("NLRA") to protect the rights of employees and employers and promote collective bargaining (National Labor Relations Act, 2017). A Union represents employees at Macy's, and they reached a tentative deal for a new labor contract on June 2016 avoiding what would have been the first strike at the nation’s largest department store in more than 40 years. Macy’s has complaints about significant expenses relating to employee health benefits, which are raising and can affect the Company’s financial results and cash flow. Nonetheless, the union pushed for changes to the Macy’s commission’s policy. Union leaders asked for substantial wages increase, affordable health care plan, and new scheduling

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.

Of the many laws and regulations that affect labor relations in the United States, few have had a greater impact than the National Labor Relations Act (NLRA). This law, passed in 1935, was designed to protect the rights of both employers and employees, while also discouraging certain workplace practices. But what did this law actually do, and how does it affect your company today? Our workforce specialists at Industrial Relations Consultants have your answers.

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.

In accordance with DeGiuseppe (2010), the NLRB has fashioned an “open period” through which the present-day agreement discontinues to function as a bar and an opponent federation may organize an election requisition. The rationale of the open period is to offer workforces an opportunity for selecting their bargaining delegates at a logical and foreseeable interlude. Moreover, any application recorded beyond 60 days, but not exceeding 90 days before the terminal date on the prevailing agreement will be opportune. The terminal date is the expiration date of the agreement or, if the agreement period surpasses three years, the final day of the third year. (DeGiuseppe, J., (2010)

The National Labor Relations Board (NLRB) is a federal government agency, founded by Congress in 1935 (Galiatsos, 2015). The primary responsibility of the NLRB is to administer the National Labor Relations Act (NLRA). However, the NLRB takes action to safeguard employees' right to organize, and to decide whether to have unions serve as their bargaining representative, with their employer (Galiatsos, 2015). The agency also acts to prevent and remedy unfair labor practices that are committed by private sector employers and unions. The NLRB protects the rights of most private-sector employees to join together, with or without a union, to improve their wages and working conditions (Galiatsos, 2015).

The National Labor Relations Act (NLRA), also known as the Wagner Act, was enacted in Congress in 1935 and became one of the most important legacies of the New Deal. Prior to the passage of the NLRA, employers had been free to spy on, interrogate, discipline, discharge, and blacklist union members. Reversing years of federal opposition, the statute guaranteed the right of employees to organize labor unions, to engage in collective bargaining, and to take part in strikes. The act also created a National Labor Relations Board (NLRB) to arbitrate deadlocked labor-management disputes, guarantee democratic union elections, and penalize unfair labor practices by employers. The law applied to all employees involved in the interstate

During collective bargaining, unionized organizations engage several nonwage issues. These issues include management rights, union security, seniority provisions, the number of hours worked, and the length of the union contract (Fossum, 2009, p. 318). In regards to the current employer I work for, the following discussion will focus on my work environment, alternative work schedules, overtime restrictions, and seniority promotions.

This is at odds because again the bottom line for the company is to make money and those profits would be reduced if their plan had to be approved by the union first. The employees right is to have honest communication from their managers, however, if they are made aware of these changes too early, it could result in a loss of employees that are crucial to the success of Global Communications.