Deck 10: Unfair Labor Practices and Contract Enforcement

Question 1

What might the NLRB consider to be a breach of the goodfaith bargaining principle?

Answer 1

A breach of good faith bargaining principle would be valid when the national labor relations bargaining (NLRB) identify a violation of the responsibility of fair representation as a breach of the national labor relations act. As per the national labor relations act every member is represented fairly by the labor union. The duty of fair representation is particularly applicable on all of them.
Although violation of fair representation is relatively higher while analyzing and understanding the law in comparison to any other ground. When the six month period of margins gets over then the NLRB regard it as to be breach of good faith.

Question 2

As arbitrator, what would be your award and opinion in this arbitration?

Answer 2

As an arbitrator, the awards and opinion in this arbitration is described below:
• The complaints that are not fixed or resolved at the day of discussion as provided may be continued in written at the application of one or the other party within the fifteen days of the discussion.
• Arbitration would consist of differences regarding working environments and safety.
• The collective bargaining agreement has no lock out and strike facility under which all the differences must be fixed during the process of grievance handling.
• Under the collective bargaining agreement (CBA), differences will be resolved by a two-step process either by arbitration or by judicial enforcement.
• Step one includes formal grievances and step two includes written statement describing the facts, issues and sections under the CBA.

Question 3

How does the NLRB review an unfair labor practice charge of surface bargaining?

Answer 3

The NLRB sought and won injunctions against the employer for engaging in surface bargaining. The NLRB considers some factors while considering an unfair labor charge for surface bargaining. Those factors are described as under:
• Previous bargaining record of the parties
• Parties' keenness to make dispensation.
• The nature of traded demands and proposals
• Any dilatory strategy used for the period of negotiations
• Clauses forced by any party as compulsory for realizing an agreement
• Independent alterations made throughout the bargaining procedure in situations related to bargaining
• Connections by owner or manager to individual workers
• Any unfair labour practice executed during the process of bargaining

Question 4

Identify the key, relevant section(s), phrases, or words of the collective bargaining agreement (CBA), and explain why they were critical in making your decision.

Question 5

What is the Weingarten rule? For what purpose did the Supreme Court adopt the rule?

Question 6

What actions might the employer and/or the union have taken to avoid this conflict?

Question 7

What are the rules that employers and union organizers must follow during an organizational campaign?

Question 8

When is an employer illegally discriminating against employees because of their union activities?

Question 9

What union activities are prohibited under the Taft-Hartley unfair labor practices provision?

Question 10

By what methods can collective bargaining agreements be enforced?

Question 11

How did the Steelworkers Trilogy help clarify the role of arbitration and court enforcement of contracts?

Question 12

What individual rights do employees have within the collective bargaining process?

Question 13

Why does management often desire to add a zipper clause to a CBA?

Question 14

Which, if any, of the employer's actions might the court find violated the National Labor Relations Act and therefore might cause the election to be set aside?

Question 15

Recognizing that this election took place in 1995, do you think the court might find that the employees could have seen through the employer's tactics and voted the way they wanted despite the employer's actions?

Question 16

Would you have been swayed by the employer's actions to the point you could not have voted with "freedom of choice"?

Question 17

Would you set aside the election results and order another election? Explain your answer.

Question 18

How could the union have stopped individuals from the intimidating actions that allegedly went on in this case?

Question 19

Does the racial nature of the rhetoric involved in this case put a heavier burden on the union than does the usual rhetoric about an employer? Explain your answer.