Week 3 Discussion

 

Supporting Lectures:

Review the following lectures:

• Organized Labor and the National Labor Relations Act
• Unfair Labor Practices
• Bargaining and Enforcement

Discussion Questions

Before beginning work on this discussion forum, please review the link

Doing Discussion Questions Right

, the expanded grading rubric for the forum below, and any specific instructions for this topic.

Before the end of the week, begin commenting on at least two of your classmates’ responses. You can ask technical questions or respond generally to the overall experience. Be objective, clear, and concise. Always use constructive language, even in criticism, to work toward the goal of positive progress. Submit your responses in the Discussion Area.

Tasks

Choose one of the following questions:

Discussion Question 1

Select one unfair labor practice identified in Lecture 2, Unfair Labor Practices, of this week.

• Compare the rights of employee versus employer related to the chosen practice.
• Explain why the practice is unfair.
• Discuss who is harmed by the practice.
• Explain what the harm is.
• Be sure to look at both sides of the ethical argument.

Discussion Question 2

Why is arbitration a preferred method of dispute resolution? Considering both costs and benefits, is arbitration fair to both sides?

To support your work, use your course and textbook readings and also use the

South University Online Library

. As in all assignments, cite your sources in your work and provide references for the citations in APA format.

Your initial posting should be addressed at 500–1000 words as noted in the attached PDF. Submit your document to this Discussion Area by the due date assigned. Be sure to cite your sources using APA format.

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Unfair Labor Practices

The key provisions of the NLRA are Section 7, which spells out employee rights, and Section 8, which
defines unfair labor practices.

Under Section 7 of the NLRA, employees are given the right to form or join labor organizations,
bargain collectively through representatives, and engage in other activities related to mutual aid and
protection. Employees also have the right to not engage in any of these activities.

Any act of an employer designed to limit the rights granted in Section 7 is a potentially unfair labor
practice according to Section 8. Acts that might be considered unfair include the following:

Making antiunion remarks that threaten reprisal or force or promise benefit for ceasing organizing
activities

Unreasonably restricting the union organizer’s access to the employer’s property

Unreasonably restricting employee attempts to organize

Requiring employees to sign unreasonably restrictive contracts related to organizing

Refusing to allow a union representative to be present during employer questioning of a union
member employee

Using surveillance of employees who are attempting to organize

Using violence or threats of violence

Discriminating against employees on the basis of union membership

Terminating employees for participating in a legal strike

Using partial shutdowns or plant closings with the purpose of thwarting unionization

Section 8 protects the Section 7 rights afforded employees from coercive union activity. Unions should
not engage in unfair trade practices, including:

Using violence or threats of violence against employees or employers

Making union statements suggesting that nonunion employees will be treated differently from
union employees

Promising special incentives to employees who join the union

Doing acts designed to intimidate nonunion workers, such as stalking or photographing

Using strikes unfairly and in bad faith

Causing employers to discriminate on the basis of union membership

The law of unfair labor practices is complex and replete with exceptions. Often, what appears to be
legal is actually illegal, and vice versa.

Unfair Labor Practices

South University
file:///C|/Users/CWATKIM/Desktop/Unfair%20Labor%20Practices.html[5/15/2020 10:26:54 PM]

Identify which of the following acts was determined by the NLRB to be an unfair labor practice.
1. The entire company went out of business permanently rather than allowing unions to
organize employees.

That’s incorrect.

That’s correct.

2. A company closed its plant in one city to avoid becoming unionized, then reopened a new
plant in a nonunion area.

That’s incorrect.
That’s correct.

3. A company refused to rehire any employees who had participated in an economic strike
against the company.

That’s incorrect.
That’s correct.

4. A company refused to hire any employees with a history of union membership.

That’s incorrect.
That’s correct.

5. A union organizer publishes a social media comment that “things will be tough for any
worker who does not join the union with his friends at the plant.”

That’s incorrect.
That’s correct.

6. An employer denies a nonunion employee’s request to have the local union representative
present during questioning as part of an employee theft investigation.

That’s incorrect.
That’s correct.

Additional Materials

From your course textbook, Employment and Labor Law, read the following chapter:

Unfair Labor Practices by Employers and Unions

South University
file:///C|/Users/CWATKIM/Desktop/Unfair%20Labor%20Practices.html[5/15/2020 10:26:54 PM]

From the South University Online Library, read the following article:

Text Messaging and Unlawful Interrogation Under the National Labor Relations Act: A Tech-Savvy
Workforce May Spell Trouble for Employers 

http://www.thecampuscommon.com/library/ezproxy/ticketdemocs.asp?sch=suo&turl=http://search.ebscohost.com/login.aspx?direct=true&db=bth&AN=124939957&site=eds-live

http://www.thecampuscommon.com/library/ezproxy/ticketdemocs.asp?sch=suo&turl=http://search.ebscohost.com/login.aspx?direct=true&db=bth&AN=124939957&site=eds-live

http://www.thecampuscommon.com/library/ezproxy/ticketdemocs.asp?sch=suo&turl=http://search.ebscohost.com/login.aspx?direct=true&db=bth&AN=124939957&site=eds-live

• Local Disk

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South University

file:///C|/Users/CWATKIM/Desktop/Organized%20Labor%20and%20the%20National%20Labor%20Relations%20Act.html[5/15/2020 10:26:28 PM]

Organized Labor and the National Labor Relations Act
The Industrial Revolution led to the development of a large collective labor force. Prior to the
emergence of manufacturing and mass production, labor was spread out and disorganized. Factories
pulled large numbers of laborers together in central locations, leading to the natural development of
organized labor movements.

Wages and working conditions were the primary target of the first labor movements. Starting in the
very early 1800s, wage cases began moving through the courts. Victory built upon victory over the
next 100 years, including legalization of labor unions and strikes. Congress followed court decisions
with a string of federal acts aimed at supporting the labor union effort.

The NLRA was enacted in 1935. This landmark legislation consolidated and defined national labor
policy by granting employers and employees certain rights, defining illegal practices, and establishing
the National Labor Relations Board (NLRB) as the administrative agency responsible for oversight and
enforcement.

The NLRA provided basic organizing rights to employees. Unfair labor practices by employers were
identified, which included interfering with labor organizations, influencing labor unions, discriminating
against union members, and refusing to bargain with a legal bargaining representative.

Enactment of the NLRA was followed by a decade of union strengthening. The concept of a “closed
shop” (meaning a business will only hire union members) emerged. Numerous strikes, some leading to
crippling economic shutdowns, convinced the public and Congress that unions were gaining too much
power. Corruption in unions became a problem.

Closed shops were banned in 1946 with the Taft–Hartley Act. Multiple amendments to the NLRA in
response to union abuses pulled back the power of unions in order to control the nation’s economy.

Today’s version of the NLRA and current activities of the NLRB bring more balance to the labor versus
employer relationship.

NLRB.gov

The NLRB was created as part of the NLRA. Union activities, such as the recruitment of union
members pictured above, fell under the jurisdiction of the NLRB.

Review the following link to learn more.
Our History 

https://www.nlrb.gov/who-we-are/our-history

https://www.nlrb.gov/who-we-are/our-history

https://www.nlrb.gov/who-we-are/our-history

https://www.nlrb.gov/who-we-are/our-history

South University
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Additional Materials

From your course textbook, Employment and Labor Law, read the following chapters:

The Rise of Organized Labor and Its Regulatory Framework

The Unionization Process

From the South University Online Library, read the following article:

Who’s the Boss? 

http://www.thecampuscommon.com/library/ezproxy/ticketdemocs.asp?sch=suo&turl=http://search.ebscohost.com/login.aspx?direct=true&db=nfh&AN=200602111039169559&site=eds-live

http://www.thecampuscommon.com/library/ezproxy/ticketdemocs.asp?sch=suo&turl=http://search.ebscohost.com/login.aspx?direct=true&db=nfh&AN=200602111039169559&site=eds-live

• Local Disk

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Course Overview – Template

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Bargaining and Enforcement
Collective bargaining is the process of meeting, discussing, and negotiating terms between represented
employees and their employers. Both sides bargain from a position of strength. Employees have the ability to
strike. Employers have the ability to lockout or replace employees, perhaps even close the business. Section
8(d) of the NLRA defines collective bargaining.

Employers have a duty to bargain with a union representative if the majority of employees support the union.
Refusal of an employer to bargain is an unfair labor practice as per the NLRA.

There is a requirement to bargain in good faith, and there are specific procedural steps that must be followed,
as set forth in Section 8(d). Failure by either party to bargain in good faith or failure to follow proper
procedures may cause the employee or employer to lose the protections of the NLRA.

Notice is a key element of the collective bargaining process. Parties must give proper written notice within
specific time windows. If proper notice is given at the beginning of the process, a 60-day “cooling off” period
comes into effect in which strikes or lockouts are prohibited.

Although bargaining may be a requirement under the NLRA, coming to an agreement is not. Parties may
reach an impasse, meaning that no agreement can be reached.

Collective bargaining agreements include provisions that address how failure to abide by the terms of the
agreement will be enforced. A grievance process is defined that includes an arbitration clause. Arbitration is a
dispute resolution procedure that places both parties before an agreed-upon professional arbitrator who
works to resolve the conflict fairly and render a binding decision.

If one party does not perform according to the arbitrator’s decision, the other party may seek to have the
decision enforced through the courts.

Check Your Knowledge
Select the appropriate term for each description below.

Meeting, discussing, and negotiating terms between represented employees and their employers.
Select

Strikes or lockouts are prohibited.
Select

A collective bargaining agreement could not be reached.
Select

Dispute resolution procedure, which results in a binding decision.
Select

Course Overview – Template
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Submit Show Me

Additional Materials

From your course textbook, Employment and Labor Law, read the following chapters:

Collective Bargaining

Picketing and Strikes

The Enforcement and Administration of the Collective Agreement

From the Internet, read the following article:

National Labor Relations Board. (n.d.). National Labor Relations Act. Retrieved from
https://www.nlrb.gov/resources/national-labor-relations-act

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Course Overview – Template

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