Unfair Labor Practices Analysis

Unfair Labor Practices Analysis

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Case Study

The company operates about 1,500 convenience stores. A sales assistant at one of the company’s stores was murdered while on duty on the second shift. 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.  [Hint:  Keep in mind that there is no date given when this injunction was filed and whether was still valid.] 

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 1,200 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.  Thus, 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.

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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 College Park, MD 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 .  [Hint: One has to wonder if this is a last-minute effort by Management, or an early Christmas gift for employees – but now is your time to consider the possibilities.]

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 2-3 concisely written, double-spaced pages. Please make sure that you follow all directions (and review the rubric before you start your assignment).  

The basic outline for your answer will be:

Introduction

Definition of an unfair labor practice

Analysis:

Summary

Reference(s)

The chart is a tool to help you focus your thinking and to be sure that you provide both sides’ perspectives for each ULP.  Your answer can be presented using the chart or via paragraphs.  You are not required to incorporate the chart in your answer.  Choose the method that explains your analysis clearly.  However, please make sure that you are clear, concise, and complete.

• What unfair labor practice (ULP) claims could the union make?,

• How does the National Labor Relations Act (NLRA) define ULPs?,

• What is the union’s position on each ULP claim?,

• What defenses might the company offer for each ULP claim?,

• Are the company’s post-murder actions seen as genuine or anti-union tactics?