Employment Law, Outsourcing, Automation, and Union-management Relations

Essay by rlundayUniversity, Master's June 2010

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Relevance 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 Union

Section 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 rights

Interfere with the formation of a labor organization

Discriminate 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 Activity

In 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...