Employee and Labor Relations

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The union wants to file a complaint with the NLRB.What “unfair labor practice” claim(s) could it make? For each one, what defense would the company give? Use the specific terms and concepts covered in this course to support your analysis. Please limit your response to a maximum of two and a half concisely written, double-spaced pages.

Additional details are in the attachment. There are also 20 true/false questions before the case analysis.

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Part A – Basic Knowledge (This is worth 30% of the test score. Each question is worth 3 points.) 1. True or False: Companies which would like to avoid unionization can hire only employees who pledge to refrain from union membership. 2. True or False: The worker must be part of the designated bargaining unit in order to vote in the election. 3. The underlying principle for the NLRB’s determination of an appropriate bargaining unit is that only employees who have ________ can be appropriately grouped in that unit. a. b. c. d. e. the same number of years of total work experience similar wages, hours, and working conditions similar cultural and regional backgrounds the same educational background the same supervisor 4. True or False: If the bargaining unit has 100 people and 75 sign authorization cards, under the existing law, the election is waived and the union automatically wins. 5. True or False: If the bargaining unit has 100 people, at least 50 need to sign authorization cards in order for an NLRB-sponsored secret-ballot election to be conducted. 6. True or False: Given the most recent NLRB ruling, employees who have access to the company email system are restricted from using it for union organizing. 7. True or False: Neither labor nor management can be certain if a specific action will constitute an unfair labor practice under Section 8 because the politically-appointed NLRB changes its opinion. 8. True or False: If the bargaining unit has 100 people and 80 of them vote in a secret-ballot election, at least 41 must select the union in order for it to win. 9. Which of the following statements is TRUE of certification of a union by the NLRB using a secretballot election? a. Once a union is certified by the NLRB, its status is binding on the employer for at least two years, during which time the employer must bargain with it. b. It is mandatory for a certified union to undergo a recertification election every two years. c. If a certified union fails to reach its first contract within two months of bargaining, it is penalized under the NLRA. d. The NLRB will not entertain a rival certification petition for a bargaining unit represented by a certified union within the first year. 10. True or False: The certified union has exclusive bargaining rights and responsibilities for only those employees within the bargaining unit who join the union. Part B - Case Analysis (This is worth 20% of the exam. Each item is worth 2 points.) For 3 years Jack Sandeen has worked for Crate Builders, an industrial plant that manufactures and sells high-tech packing containers in an employment-at-will state within the eastern United States. When he was hired, he believed he would receive training that would enable him to move from the factory floor into the supervisor’s role. The company experienced a downturn in revenue, however; and, along with 50 hourly workers, several managerial positions were eliminated. During restructuring, the boss’s son, Darrell Shelton, was appointed head of Jack’s department. There has been friction between Darrell and the rest of the staff. They don’t like the new scheduling and work quotas he has implemented. When Jack complained to Darrell that the required quota was too high, in front of the other workers, Darrell snidely reminded him that he was the supervisor, times were tough, and more people could be let go. That evening, Jack went with a few of the guys to the local pub. A union organizer was at the bar and overheard the group complaining about Darrell. The organizer told them about their right to representation. He gave them his business card along with a few brochures to take home. The next week, Darrell found one of the brochures on the floor by the locked company bulletin board. The staff saw him crumple it and spike it into the trash can. He turned and glared at Jack. “You think you’re so smart. We’re watching you. We know about your little chat.” He bit back more words then walked into his office and slammed the door. Several weeks later, Jack was called into the Human Resource Management office. He was informed that his production numbers were low and they needed to cut more staff so he was being let go. Jack asked to see the statistics for the department, but HR said that was proprietary information. When he asked who else was being fired, HR told him that was also private information. The guys at the bar told Jack later that they could not find anyone else who was terminated when he was. 1. True or False: The comment “We know about your little chat” would help management in a Wright Line test. 2. True or False: If Jack’s production numbers were higher than most, this data would support management in a Wright Line test. 3. True or False: Since this is an employment-at-will state and there is no union in place, management can legally terminate Jack without considering any Wright Line test results. 4. True or False: At work, Jack had a right to solicit other employees in his department to join the union as long as he did it during regular working hours and didn’t do it in front of customers. 5. True or False: The union would see the comment “We’re watching you” as an unfair labor practice under Section 8(a)1 of the NLRA. 6. True or False: Promoting Jack to supervisor in the last restructuring would have been a legal way to avoid his union participation. 7. True or False: The company can terminate a supervisor at any time for any reason if it does not have other policies or contracts that contradict that flexibility. 8. True or False: Terminating others who were not involved with the union at the same time Jack was let go would support the company’s position in an unfair labor practice charge. 9. True or False: Section 7 rights require the company to terminate those with less than the 3 years seniority Jack has before letting him go. 10. True or False: Darrell’s comments represent Budd’s concept of voice. Part C – Case Analysis - (This is worth 50% of the test score.) The company operates about 700 convenience stores. A sales assistant at one of the company’s stores was murdered while on duty. The murder was widely publicized, and employees complained of inadequate security measures. As a result of the murder, 15 sales assistants telephoned the union requesting a union organization effort. The union sent representatives to 60 stores in the area where the murder had occurred and left union authorization cards. Two days later the company notified the union that an injunction had been issued during a prior union campaign prohibiting solicitation on company property. The next workday, the company had a meeting with the store managers in the area and talked about the need to improve security. The company officials also discussed the union’s organization activities and reminded the managers of the “no solicitation” policy and stated that a union would not necessarily do the employees any good. Later that week, the company had an unprecedented meeting for all sales assistants. Approximately 200 sales assistants attended and were paid for their time. The company officials told the employees that they did not need a union and that the employees from the union could retrieve their authorization cards. The employees were asked to voice their complaints and the employees listed the following: getting less than 40 hours work per week; not having breaks; not being paid for overtime work; working alone at night; and poor lighting at the stores. The next day the company sent a memo to all regional personnel directing that sales assistants should work a 40-hour workweek; canopy lights were installed at all the stores; a policy was adopted that no one would be required to work alone at night; and sales assistants began receiving wages for after-hours overtime work. The company posted “no solicitation” signs in all stores and directed that those signs be enforced; if the employees did not enforce the signs, they would lose their jobs. Later that month the company held further meetings with sales assistants, who again were paid for their time. They asked to select committee representatives to meet with management to discuss their complaints. Management officials left the room while the employees selected their representatives. The company made a list of the ten most frequently mentioned items from the employees’ recommended subjects for the committee to discuss. Meanwhile, the union filed a representation petition with the NLRB seeking an election in a unit of all Summitt, Ohio sales assistants. The company president told the managers to tell the sales assistants that if they joined the union, the company would close those stores. The first meeting of the Employee Management Committee was held and the ten priority items were listed, granting employees a new vacation policy, improved health-care benefits, sick days, change in holiday hours for pay, recognition of seniority ranks, and improved security systems. Not long after that, the company sent an additional memo around announcing other improvements in life, major medical, and accident insurance plans, in addition to death and family benefits and a revised disciplinary appeal system. The union wants to file a complaint with the NLRB. What “unfair labor practice” claim(s) could it make? For each one, what defense would the company give? Use the specific terms and concepts covered in this course to support your analysis. Please limit your response to a maximum of two and a half concisely written, double-spaced pages. The basic outline for your answer will be: Introduction Definition of an unfair labor practice Analysis: Unfair labor practice claim(s) (Add as many rows as needed) Summary Reference(s) Union’s position for each Company’s position for each
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Explanation & Answer

Attached.

Outline

Introduction
Body
Conclusion
References


Project #1: The Annotated Bibliography

Purpose
Since English 102 focuses on research, creating an annotated bibliography will develop your research
processes. It requires the ability to summarize and synthesize potential sources about your chosen
topic. Through making connections between authors and ideas, you can be more ready to understand
and participate in the conversation.
Audience
Write for an audience of people who might also be interested in learning more about your topic.
What would they need to know about these sources, particularly if they were deciding whether or not
to read the sources on their own?
Conventions
An annotated bibliography is a genre used by experts in scholarly fields. It allows researchers to
understand more about their topic & seeing how they can fit into the conversation. A typical
annotated bibliography includes, for each source:
1. A perfect works cited citation (in either MLA or APA) for that source
2. A paragraph that summarizes the source and explains how you will use it in your research
The entire annotated bibliography should be in alphabetical order, according to the first word of each
citation (which is usually the author’s last name).
How many sources should you include? We’ll look at an example that may help. As you will be
turning in a “Final for Now” draft during the first week of class, I don’t expect that you’ll have all your
sources yet. Also, these sources will change as you continue to do more research. I’d recommend
shooting for at least 4 sources in the draft, even if you don’t know if you’ll actually use the source in
your research paper. However, the more developed your FFN draft is, the more I can offer feedback.
The goal is to develop this annotated bibliography to have 8-12 sources.
Assessment
You will receive feedback rather than a grade on the FFN draft. I will be determining your success at:
● Selecting from a wide range of credible sources
● Showing development of your ideas in the selected sources--how are they helping you
narrow down your initial topic?
● Citing in perfect MLA or APA style
● Summarizing what the source says without copying word-for-word
● Connecting the source to your overall topic--what ideas does it help advance? What new
information does it show?
● Explaining how you might use this source in your own research
● Voice--showing your personality without sounding stuffy
● Proofreading--avoiding mistakes that make your writing look messy


Part A – Basic Knowledge (This is worth 30% of the test score. Each question is worth 3 points.)
1. True or False: Companies which would like to avoid unionization can hire only employees who
pledge to refrain from union membership.
- FALSE
2. True or False: The worker must be part of the designated bargaining unit in order to vote in the
election.
- FALSE
3. The underlying principle for the NLRB’s determination of an appropriate bargaining unit is that
only employees who have ________ can be appropriately grouped in that unit.

a.
b.
c.
d.
e.

the same number of years of total work experience
similar wages, hours, and working conditions
similar cultural and regional backgrounds
the same educational background
the same supervisor

4. True or False: If the bargaining unit has 100 people and 75 sign authorization cards, under the
existing law, the election is waived and the union automatically wins.
- TRUE
5. True or False: If the bargaining unit has 100 people, at least 50 need to sign authorization cards
in order for an NLRB-sponsored secret-ballot election to be conducted.
- TRUE
6. True or False: Given the most recent NLRB ruling, employees who have access to the company
email system are restricted from using it for union organizing.
- TRUE
7. True or False: Neither labor nor management can be certain if a specific action will constitute
an unfair labor practice under Section 8 because the politically-appointed NLRB changes its
opinion.
- FALSE
8. True or False: If the bargaining unit has 100 people and 80 of them vote in a secret-ballot
election, at least 41 must select the union in order for it to win.
- FALSE
9. Which of the following statements is TRUE of certification of a union by the NLRB using a secretballot election?
a. Once a union is certified by the NLRB, its status is binding on the employer for at least two years,
during which time the employer must bargain with it.
b. It is mandatory for a certified union to undergo a recertification election every two years.
c. If a certified union fails to reach its first contract within two months of bargaining, it is penalized
under the NLRA.
d. The NLRB will not entertain a rival certification petition for a bargaining unit represented by a
certified union within the first year.

10. True or False: The certified union has exclusive bargaining rights and responsibilities for only
those employees within the bargaining unit who join the union.
- FALSE

Part B - Case Analysis (This is worth 20% of the exam. Each item is worth 2 points.)
For 3 years Jack Sandeen has worked for Crate Builders, an industrial plant that manufactures and sells
high-tech packing containers in an employment-at-will state within the eastern United States. When he
was hired, he believed he would receive training that would enable him to move from the factory floor
into the supervisor’s role. The company experienced a downturn in revenue, however; and, along with
50 hourly workers, several managerial positions were eliminated. During restructuring, the boss’s son,
Darrell Shelton, was appointed head of Jack’s department. There has been friction between Darrell and
the rest of the staff. They don’t like the new scheduling and work quotas he has implemented. When
Jack complained to Darrell that the required quota was too high, in front of the other workers, Darrell
snidely reminded him that he was the supervisor, times were tough, and more people could be let go.
That evening, Jack went with a few of the guys to the local pub. A union organizer was at the bar and
overheard the group complaining about Darrell. The organizer told them about their right to
representation. He gave them his business card along with a few brochures to take home. The next
week, Darrell found one ...


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