Employment Law, Outsourcing, Automation, And Union Management Relations

1258 words - 5 pages

UNION-MANAGEMENT RELATIONSRelevance to Coastal County Clerk of Court…In a separate but related action, Bob White, Florida President of the American Association of County and City Employees (AACCE), AFL-CIO, has filed a complaint with the National Labor Relations Board, arguing that some of the employees laid off were known to be distributing labor union literature to employees, encouraging them to join the union. "Management cannot unilaterally discharge employees just because they are exercising their statutory right to form a union!", said White.Munger has told the Bugle that his past practice has been to take an hour or so at lunch time or as a morning or afternoon break to check on his elderly parents and fix them lunch, and that his new boss has denied him the continuation of the policy that has been allowed for years. (Past Practice)Employee Protections Associated with Forming a UnionSection 8 (A) of the National Labor Relations Act (NLRA - also known as the Wagner Act) identifies five unfair labor practices that management could commit:Interfere with, restrain, or coerce employees in the exercise of their rightsInterfere with the formation of a labor organizationDiscriminate in the hiring or tenure of employment or discourage membership in a labor organization.Retaliate for filing charges or testifying under the act.Refuse to bargain with the representatives of the employees.Management Practice in Situations Involving Union ActivityIn Coastal County, Bob White, the Florida President of the AACCE, AFL-CIO, has alleged that employees were laid off because they were known to be distributing labor union literature to other employees. This activity should normally "raise some red flags" for management.First, the fact that there is union organizing activity means that while employment at will may be the normal situation, management should be careful to avoid creating even the suggestion that an employee was discharged for distributing union literature or otherwise promoting formation of a union.Second, management should be careful what information it seeks to acquire relating to union formation. The mere act of collecting data can get management in trouble. For example, if management says "Find out which employees are pushing this union thing," the most appropriate response would be "We should not collect that data because by doing so, it raises the presumption that you are collecting the data for a purpose - which in this case would likely be a prohibited, illegal purpose. The proper action for Stan Accord is to simply ignore the employees who are organizing. Any other focus would potentially create problems for Accord and the County Court.Note that while the employer may not interfere with the formation of a union by employees working with outside organizers, that doesn't mean that the employer has to just sit there and watch it happen. The employer may do a number of things to convince the employees that a union is not a good idea.The...

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