LABOR LAW
Spring 2007
I. INTRODUCTION
A. A Lawyer’s Role: Casefile 1.0
Unionization: The union or employee has to show some interest:
a.Grassroots formation: easier when process starts from within/ employees talk among themselves
b. Unions target particular workplaces: send scouts to measure whether there is enough interest
· Unions distribute authorization cards: employees sign these cards if they’re interested
· Unions can file petition of representation with the NLRB and employer is notified of this and presented with it
· Employer asked if they’ll consent to an election (#6 on page 3)
· Election: campaigns by parties
· Board has to decide what the appropriate bargaining unit is/ organize all workers or just particular type?
· If the employer doesn’t consent? There is an administrative hearing
Should the Employer consent to the election? Advantages and Disadvantages?
a.If consent, election is held right away but if they don’t then can push election back (what level of support does union have at the time?)
· If union has large support at time? Best bet would be to not consent so boss can have time to campaign against
· If union support is weak at time? Consent to it and move election along b/c better chance of winning
b. Most employers do NOT consent/ delay is best tactic
Employees dismissed during unionization?
a.Standard of review: must be substantial evidence that firing was caused by employee’s union activity AND that employer knew of this union activity/ board must prove union animus
b. Defense: Employer can respond by showing that must prove that discharge would have happened anyway
c.Advantages for employer to fire 3 employees in this case: get rid of union support and chill any other support from employees. Send the message to all other workers.
d. Disadvantage: backlash from firing supporters/ make them martyrs and make workers realize the need for unions in light of employer abuse
Remedies for employees who are illegally fired?
a.Reinstatement: Employees could get their jobs back but what are the chances they
ng power: employer power much stronger and they can use this to dominate the situation
b. Congress’s remedy: NLRA/ allow employees to form unions
c.Concern: protect integrity of collective bargaining process
History of Sec. 8(a)(2): reasons behind passage
a.Before: Employers circumvented these earlier acts by having employer created unions/ problem was that the employer was still in control
b. Company unions gave the appearance of collective bargaining and fair practice
Action Committees:
a.Employees were angry with many changes in company/working conditions/ called for change
b. Employer created and controlled all aspects of committee formation:
· Absenteeism/Infractions
· No Smoking Policy
· Communication Network
· Pay Progression for Premium Positions
Attendance Bonus Program (ORIGINAL PROBLEM)
