Case Analysis of Unfair Labor Practice Case Study

Unfair Labor Practice for Company's Position

Case Analysis

True or False: "The comment "We know about your little chat" would help management in a Wright Line test."

True or False: "If Jack's production numbers were higher than most, this data would support management in a Wright Line test." "

True or False: "Since this is an employment-at-will state and there is no union in place, management can legally terminate Jack without considering any Wright Line test results." "

True or False: "Jack had a right to tack the brochure to the bulletin board per standard organizing rules." "

True or False: "The union would see the comment "We're watching you" as an unfair labor practice under Section 8(a)1 of the NLRA."

True or False: "Promoting Jack to supervisor in the last restructuring would have been a legal way to avoid his union participation." "

True or False: "The company can terminate a supervisor at any time for any reason if it does not have other policies or contracts that contradict that flexibility." "

8. True or False: "Terminating others who were not involved with the union at the same time Jack was let go would support the company's position in an unfair labor practice charge." "

9. True or False: "Section 7 rights require the company to terminate those with less than the 3 years' seniority Jack has before letting him go." "

10. True or False: "Darrell's comments represent Management being efficient and having voice." "

Part C -- Case Analysis: Unfair Labor Practice

In the United States, an unfair labor practice refers to part of employers' actions or union actions that violate the NLRA ("National Labor Relations Act") (National Labor Relation Board, 2015 p 1). The Section 8 of the NLRA reveals that it is unlawful to interfere in the employee's decision which may discourage them from joining the union. The Act also forbids the union to coerce employees into joining the union.

Several unfair labor practices have been identified in the case. First, the company has discouraged the employees to join the union. Moreover, the company has threatened employees of losing their jobs if they join the union. The company also denies the right of employees from joining the club.

Section 7 and Section 8 of the NLRA reveals that employees have the right to join the union in order to advance their interests. Moreover, it is unlawful for employers to interfere in the employee' rights or coerce with employee in order to deter them from exercising their rights. Section 7 of the NLRA guarantees employees

"the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection." (National Labor Relation Board, 2015 p 1).

It is also unlawful to promise employee financial benefits or other benefits if they refuse to join the union. Another unfair labor practice is by telling employees not…