HRM 3304 Unit V Essay
Assume that an unfair labor practice charge was filed against your company by several current employees and three prospective employees. See the form linked below indicating the charge, which outlines the scenario below:
On July 29, 2016, Delphi Golf, Inc. and the union entered a collective bargaining agreement. The majority of the company's employees covered by the agreement had not designated the union as their collective-bargaining representative. The agreement contains a union-security clause requiring employees who are members in good standing of the union to maintain their membership in good standing and all other employees to become members of the union on or before the 31st day following the effective date of the agreement or the date of their hire. The union instructed Delphi Golf, Inc. not to employ three servers for restaurant positions in the company because the servers were not members of the union. The company is an employer within the meaning of Section 2(2) of the act engaged in commerce within the meaning of Section 2(6) and (7) of the act.
In a two-page essay:
Begin with an introduction that provides a clear background allowing readers to gain an understanding of the purpose of the paper.
Explain the process and steps involved your company will have to take to defend this action.
Ascertain the defenses to the action and determine if the union employees have valid claims.
What actions, if any, should the employer have done differently?
What actions by the union should have been done differently? Who, if anyone, is liable?
The background of this case is about the situation where the employers is instructed by the union members to cease the employment of certain members since they have stopped being members of a union. The other issue here is whether the unions have a right to compel the organization employees to join them by virtue of threatening the employees with the sack in the event they do not wish to become the union members. The purpose of this paper is to explain the steps that the organization will take to defend the action of not allowing the nonunion members to become the restaurant workers in the organization.
Steps taken to defend the action of the company
The company may make use of a just cause to defend itself against the accusations of unfair labor practice because it has decided not to hire the employees who are not part of the unions (Lawshelf.com, n.d.). The company may state that it has come up with rules and it has enforced them religiously. The religious enforcement of the rules is meant to ensure that there is uniformity among the organizational workers where all the members of the organization are union members.
The Defenses of the organization.
When the Congress first passed the National Labor Relations Act, (NLRA), the employers were permitted to compel the workers to become part and parcel of the unions as a pre-requisite condition for employment. This is known as the closed shops (Johnsen, 2012). Therefore the closed shops regulations could form the basis of rules of the organization to defend themselves against the accusation that the company is engaging in unfair labor practices. According to the regulations of the closed shops, the employees must remain to be the members of the unions during the whole period when they are still in employment of the organization.
Analysis of Whether the Union Employees have valid claims
The union employees do not have the valid claims. They do not have valid claims of compelling the other nonunion members to become the members of the union as a pre-requisite for employment because the law does not allow that. The employees cannot be forced to become union members as a condition of employment (Guerin, 2022). When this happens, the company may have contributed to discriminating against the workers. The organization may have gone against the regulations of the Equal Employment Opportunity Commission regarding the need for the organization to exercise fairness during the hiring practice.
Actions that should have been done differently by the union and the employer
The union should not have compelled the organization to hire employees only if they become members. This is because it is outlawed. However, the union should have informed these workers that they can have the opportunity to pay some union dues if they are receiving the benefits of being members of the union (Guerin, 2022). The union may also require the employees to sign the union security agreements with the union so that they can keep the job and they can pay for the agency costs that are associated with the union. However, these contracts do not mean that the employees are compelled to become union members.
Analysis of the person or organization that is liable
Since the organization Delphi Golf Inc. and the union are the ones that are not hiring the workers on the fact that they are not non-union members, they are liable. The remedy that should occur is that the company needs to reinstate the restaurant workers to their original positions. If they have not been hired, their qualifications should form the basis of employment and not their union membership status.
Guerin, L. (2022). Right to Work, Union Shops, and Union Dues. Retrieved from www.nolo.com website: https://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter15-5.html
Johnsen, G. (2012). Closed shop and open shop | Infoplease. Retrieved from www.infoplease.com website: https://www.infoplease.com/encyclopedia/social-science/economy/labor/closed-shop-and-open-shop
Lawshelf.com. (n.d.). Non-Union Employees. Retrieved from lawshelf.com website: https://lawshelf.com/videocoursesmoduleview/non-union-employees-module-3-of-5