Labor Laws - Case Studies

Q. Sandy hated all unions. Although she fully believed that she treated her employees very well (in fact much better than they ever deserved), while she was in the hospital several employees discussed the possibility of unionizing Sandy's factory. Describe the procedure they will have to follow in order to get to the point where the People's Union may represent them in contract negotiations with Sandy.

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Q. During the time that the employees were deciding whether to have a union represent them or not, Sandy instructed Matt, now working as her floor supervisor, to conduct a negative publicity campaign against the union. Matt told the employees a lie stating that the union business agent had been seen in Vegas gambling with union funds. The union lost the election. About a month after the election, the union found out what matt had said. Describe what actions the union may take, when they may take them, and the probable results. As always, include why you believe the results will be as you predict.

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Q. The union won the right to hold another election. During the campaign period, Ann sent a letter to the Immigration and Naturalization Service asking it to check on the status of several employees who were supporting the unionization campaign. INS agents discovered that four of them were illegal aliens; arrested and deported those four. The union argued to the NLRB that Ann had in effect discharged those employees in retaliation for their support of the union. Explain whether the NLRB will rule for Sandy or for the union and why.

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Q. Eventually, a new election was held and the union won the right to represent Sandy's workers. A contract was negotiated with only a few unfair labor practices being committed by both sides. The agreement prohibits the discharge or discipline of an employee without just cause. As part of her investigation of a theft of company property, Sandy attempted to interview one of the employees. The employee refused to be interviewed unless her shop steward was present. Sandy fired the employee on the spot. Explain the steps that the employee must take if she wants to keep her job (and she does). Explain whether the employee had a right to refuse as she did and whether Ann had the right to fire the employee. Describe the reasoning behind your answer.

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Q. Describe the right to strike in detail, including the function of picketing. Distinguish under what circumstances you believe such activities should be used by a union and when they should be postponed. That is, explain when you believe that such tactics are the correct steps to take. Describe whether or not you believe the right should be preserved and protected as is, expanded, or contracted.

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