Strike Case Study
1. If we do strike, I heard the company can hire new people to do our work. Will I lose my job?
So long as the strike is lawful, one cannot lose ones job for striking.
2. I have a family and bills to pay. I heard there is a strike fund. Where does that money come from?
The money comes from contributions to the fund made by workers.
3. 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 companys bargaining conduct? Why?
The National Labor Relations Board (NLRB) is responsible for investigating and adjudicating claims of unfair labor practices (ULPs). Under the National Labor Relations Act (NLRA), it is illegal for employers to refuse to bargain in good faith with a union that represents their employees. If an employer is found to have committed a ULP, the NLRB can order them to take remedial action, such as negotiating in good faith with the union. In order for a ULP claim to be successful, the union must show that the employer's actions were motivated by bad faith or a desire to undermine the union's bargaining power. If the NLRB finds that an employer has committed a ULP, they can order the employer to take remedial action, such as negotiating in good faith with the union. In some cases, the NLRB may also order the employer to reinstate any workers who were unfairly fired during the course of the dispute.
Thus, an unfair labor practice claim with the Board about how they are refusing to negotiate a good strategy could be done under the provision that they are violating the National Labor Relations Act. If the union can show that the company's refusal to bargain is an act of interference, restraint, or coercion against employees in the exercise of their NLRA rights, then the union would likely win a case against the company.
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.
A strike is legal and therefore protected by the National Labor Relations Act if the employees are striking for a valid reason, i.e., for an economic reason. The union in this case is preparing to strike for a fair contract, i.e., for an economic reason. Therefore, the strike is legal.
5. Briefly answer the VPFs concern.
When two parties are in mediation, they often have different objectives. As a result, it is not uncommon for one side to feel that it has...
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