- If we do strike, I heard the company can hire new people to do our work. Will I lose my job?
Answer: During an economic strike, employees cannot be fired in the literal sense because that would be violating the NLRA’s ban on terminating employees for involving in protected, concerted activities (University of Maryland University College [UMUC], 2019a). However, the company can hire temporary workers to continue to run the business while its current employees are on strike. Should the company hire permanent replacements, and they are told that they are permanent at the time of hire, the strikers, then, are not entitled to reinstatement (“The Right to Strike”, n.d.). When the company hires either temporary or permanent replacements, the current employees returning to work after the strike will be placed on a priority recall list. The company will contact them as each vacancy occurs. In other words, the current employees have the first choice when there is a job opening, and then the company can reach out to new candidates.
- I have a family and bills to pay. I heard there is a strike fund. Where does that money come from?
Answer: The union has created a strike fund to assist strikers financially during an ongoing strike by allocating some of the collected union dues to a different account (UMUC, 2019a). The union may ask for the additional fund from the national level, but this is not guaranteed. The currently available funds are not sufficient enough to cover all of the strikers’ normal pay, so the union can only grant a percentage of the average compensation. The strikers may have to find a temporary place of employment, when they are not striking, to meet all of their needs. Strikers are not entitled to unemployment benefits
- Bill looks to you for guidance. In a short paragraph, explain whether this is a good strategy. Under what provision would that be done? What is the likelihood that the union would win a case about the company’s bargaining conduct? Why?
Answer: although the union is rightfully free to file a ULP claim, it is not the best cause of action to take. The firm has initiated a good bargain, and in good faith. Most of the raised issues have been addressed and fully settled following four weeks of negotiation. The mandatory bargaining pressing issues have been tackled and bargained for. All the discussed subjects fall under the permissible subjects (“Subjects of Bargaining”, n.d.). The best-case scenario, the union, and the company reach an impasse regarding these specific terms of negotiations, and both representatives can look to a mediator and an arbitrator to come to a solution. It seems unlikely that the NLRB would side with the union regarding the company’s bargaining conduct.
- 4. Paula has explained strikes to the VPF before but realizes that it can be hard to remember which ones are legal and which are not. Briefly explain again whether this particular strike is legal and why.
Answer: Although the right to strike is protected under Section 7 of the National Labor Relations Act (NLRA), this right is often denied in the public sector due to the services provided by these employees to the general public (UMUC, 2019a). However, since the company is considered to be in the private sector, the employees can initiate economic and unfair labor practice strikes as they see fit, with guidance from the union representative. They will most likely consult with their union representative, and depending on various factors, such as costs associated, these employees can go on strike should they find it to be a feasible option.
- Briefly answer the VPF’s concern.
Answer: Third-party mediators lack the authority to force an agreement between parties involved (UMUC, 2019a). Mediators can restart negotiations and urge parties to be flexible and identify areas of improvement in each proposal. They can also help keep the negotiations on track and keep it professional and appropriate. The mediator, in this case, may use the reality of a strike happening to urge the company to agree to a particular proposal. Still, the company does not have to agree if the company were to turn to an arbitrator; however, whatever proposal the arbitrator presents as the final negotiated contract would indeed be binding. The mediator’s job is to keep the line of communication open during a negotiation while trying to maintain some semblance of fairness for parties involved.
#6 –9 – After a preliminary investigation, the Grievance Chairperson finds that the information about the termination dates, each man gave seems accurate. Use the information gathered in the meetings, the contract provisions, and the record of dues as well as specific statutory provisions, terms, and concepts covered in this course, to identify which, if any, of them is entitled to retain employment and whether the union is legally obligated to represent him in a grievance to restore his job. The chart should help you organize the information you need. For your answer, briefly state and explain the response you would give to each of them. The chart is just to help you organize your thinking.
Write concisely, limiting the total answer for all 4 to a maximum of one page. Use APA to reference any borrowed material.
| Was he illegally terminated? | Why? | Legally, must the union represent him? | Why? | ||
| 6. | Marley | Y | Fired 9/11, told it would be permanent | Y | |
| 7. | Juan | N | Fired 9/10, not told it would be permanent | N | |
| 8. | Rich | Y | Fired 8/31, told it would be permanent | Y | |
| 9. | Frank | N | Fired 8/29, not told it would be permanent | N |
Answer: The Company specifically stated that the employees on strike should return to work. Per company policies, striking employees may only return should the new hires choose to willingly vacate their current positions. Even then, the striking employees may only return per the seniority system, specifically per May 31, 2017.
For example, if five striking employees all hold the same positions and there was a vacancy, and employee A has seniority over the other four as of May 31, 2017. Only that employee may return to work. However, replacement employees had to be told at the time of hire that their respective offers of employment were permanent for these policies to apply (UMUC, 2019). As such, Juan and Frank, although replaced by striking employees, were not illegally terminated because they were not officially told that their respective offers of employment were permanent at the time of hire. On the other hand, Marley and Rich, who were told that their jobs would be permanent, were indeed illegally terminated. Also, Marley and Rich did not meet the causes for immediate discharge, which are stated per company contract as “possession or use of drugs or alcohol on company property, theft or damage of company property, workplace violence, and any other threat to the safety of the…workforce”.
The Duty of Fair Representation states that unions are legally obligated to represent all workers in the bargaining unit, regardless of their failure to pay union dues (UMUC, 2019b). However, the union was able to enter a security clause within the company contract, which states that as of September 1, 2017. Per the clause in the contract, the union does not legally have to represent Juan and Frank because they did not pay their dues. The union does legally have to represent Marley and Rich, who did pay their dues and are official members of the union.
- In the meantime, Paul Hawkman has come to see the HR Director about the matter. He hands over the paperwork for her termination. By addressing Hawkman and the GC separately, explain how the Director should handle this case and why. Write concisely and limit your response to a maximum of 1 page for both.
- Hawkman
- GC
Answer: Paul Hawkman – Even though Barbara Stone did not have written authorization with the supervisor’s signature, there are certain steps to take when terminating an employee (UMUC, 2019b). Since it was assumed that Barbara was stealing, she may not have needed an adequate warning. It also seems as if there was an investigation, and a written permission slip was not on file. However, an attempt should have been made to reach out to the previous supervisor, Dick Fleming, to see if he had indeed given Barbara permission to use the moving dolly.
If Dick Fleming states he did grant her permission, the appropriate action would be to give her a new authorization form with the signature on it and provide a deadline for her to hold onto the dolly. It may also be appropriate to remind her that she has a deadline for how long she can hold onto the dolly. If Fleming denied granting her permission, the company policy states that “employees in good standing may occasionally borrow non-essential company equipment…and failure to return the property in good condition by that deadline will be grounds for reprimand”. The appropriate measure would be to reprimand her since she has not been officially written up.
GC – It seems as if Paul Hawkman did not have the grounds to terminate Barbara Stone straight away for borrowing the company’s moving dolly. Mr. Hawkman did not properly investigate to determine if Ms. Stone had permission to borrow the company dolly. The company has reached out to the previous supervisor Dick Fleming, and dependent upon his answer, the company will agree to the reinstatement of Barbara Stone without back pay, with rights and privileges unimpaired (UMUC, 2019b).
Should Dick Fleming reply and state he did not grant her permission, the company agrees to the following appropriate actions: suspension for a specified period, with pay, with a reprimand reflecting on Ms. Stone’s official company file. The company does not recommend, nor agree, to official action against Paul Hawkman. Instead, it will have Mr. Hawkman complete training on working with unions and brushing up on company policies.
References
The right to strike. (n.d.). Retrieved from National Labor Relations Board website: https://www.nlrb.gov/strikes
Subjects of bargaining. (n.d.). Retrieved from United Steelworkers website: https://www.usw.org/workplaces/public-sector/2015-conference-material/5-Subjects-of-Bargaining.pdf
University of Maryland University College. (2019a). Introduction to week 7. Retrieved from: https://learn.umuc.edu/d2l/le/content/353721/viewContent/13905268/View
University of Maryland University College. (2019b). Introduction to week 8. Retrieved from: https://learn.umuc.edu/d2l/le/content/353721/viewContent/13905269/View