I’m studying and need help with a Business Law question to help me learn.
Discussion Topic 1:
Employees
in your company have been discussing forming a union. Are there any
restrictions on the company’s actions or statements regarding forming a
union? If employees go on strike, is the company allow to fire them and
hire replacements?
ALSO RESPONSE EACH POSTED down below
Posted 1
Based on the Wagner act established in 1935 companies cannot
interfere with an employees right to form, join, and assist labor
unions. They cannot interfere or dominate the formation or the
administration of a labor union. they cannot discriminate against hiring
or the tenure of an employee based on their union membership. They
cannot discriminate against an employee if they gave a testimony or
filed charges under the NLRA; and the employer cannot refuse to bargain
collectively with any designated employee representative.
Employees cannot be fired for going on strike but they can hire
temporary workers that will be called Scabs if they cross the picket
line. Just like in the NBA when they went on strike the league just had
to accept it, how were they going to replace such men with super human
abilities. I have worked for a unionized company in the past and I also
worked for a company that was against unions. The company with the
union was worse that the company that did not have one. The company with
a union immediately laid off tenured workers when they reached the
agreement that they wanted to pay employees on a 60/40 split basis,
paying 60% of salary and the other 40% if they met all metrics/KPI’s for
the month. They laid me off under the guise, that the company was
downsizing, but I see you are hiring when I go online, interesting.
Posted 2
Employees have the right to form a union
and it is illegal for a company to discriminate against them as a
result of the membership. The company is prohibited to interfere with
the employees right to form, join, or assist the union. The company is
restricted from interfering with the formation of the union and may not
provide any financial support. Employees should not be discriminated
against if they file charges against the company or provide a testimony
to the union about the company. The employer is obligated to bargain
with union representatives.
Under the National Labor Relations Act
(NLRA) employees have the right to strike. This act protects their
employment status if legal strikes are performed. The destruction of
company property or resources is not a legal strike. The union is
expected to cooperate and bargain just as the company. The Labor
Management Relations Act (LMRA) identifies union acts that may be unfair
to the company.