Read the following case studies. Answer the questions and provide reasons—based on the NLRA—to support your answers (300 words or less each case). For each case, must contain a citation from the supporting section of the NLRA, as per the sample quiz).
NOTE: It is highly recommended to review top of page 122 (Labor Relations Application) in the text, the related Appendix
Issues to consider:
The Great Depression brought about numerous changes in our society. Nonetheless, as we will see, it took FDR two attempts to establish a national labor law in the US. Fortunately, he had support in Washington, DC that followed him from NY state to assist in pushing a variety of these controversial issues to the forefront of national discussion/debate. As mentioned last week, the pendulum swung from the far right (pre-1935) to the far left in 1935. Some experts suggest that necessary adjustments were made, following WWII, in 1947 and 1959 to re-balance the far left swings made in 1935. While others would argue too many concessions were made in those two updates and, more significantly, the original law did not go far enough. It is important to keep in mind that each state has its own labor laws too.
“Not only do workers on the bottom rungs of the ladder lack money, but they often lack basic benefits. Three out of four low-wage workers in the private sector do not have employer-provided health insurance, while eight out of nine do not participate in a pension plan.”
Facts- A union obtained authorization cards from a majority of employees and demanded that it be recognized as the collective-bargaining representative. The employer doubted the union’s claimed majority status and suggested that the union petition the NLRB for an election. The union struck for recognition as the bargaining representative and filed a charge of unfair labor practice based on the refusal to bargain.
Is it an unfair labor practice to refuse to accept evidence of majority status other than the results of a NLRB election?
2. CASE STUDY
FACTS- EMPLOYEES TRIED TO DISTRIBUTE A NEWSLETTER IN NON WORKING AREAS OF THE COMPANY’S PLANT DURING NON WORKING TIME. THE NEWSLETTER INCLUDED A SECTION THAT URGED EMPLOYEES TO VOICE OPPOSITION TO INCORPORATION OF STATES RIGHT TO LAWS INTO A REVISED CONSTITUTION AND A SECTION CRITICIZING A PRESIDENTIAL VETO OF AN INCREASE IN THE FEDERAL MINIMUM WAGES. THE EMPLOYER REFUSED TO ALLOW DISTRIBUTION, AND THE NLRB HELD THIS WAS AN UNFAIR LABOR PRACTICE .
DOES THE LAW PROTECT THE DISTRIBUTION OF THIS NEWSLETTER AS A CONCERTED ACTIVITY? explain answer