Case Study
The company operates about700 convenience stores. A sales assistant at one of the companys stores wasmurdered while on duty. The murder was widely publicized, and employeescomplained of inadequate security measures. As a result of the murder, 15 salesassistants telephoned the union requesting a union organization effort. Theunion sent representatives to 60 stores in the area where the murder hadoccurred and left union authorization cards. Two days later the companynotified the union that an injunction had been issued during a prior unioncampaign prohibiting solicitation on company property.
The next workday, thecompany had a meeting with the store managers in the area and talked about theneed to improve security. The company officials also discussed the unionsorganization activities and reminded the managers of the no solicitationpolicy and stated that a union would not necessarily do the employees any good.Later that week, the company had an unprecedented meeting for all salesassistants. Approximately 200 sales assistants attended and were paid for theirtime. The company officials told the employees that they did not need a unionand that the employees from the union could retrieve their authorization cards.The employees were asked to voice their complaints and the employees listed thefollowing: getting less than 40 hours work per week; not having breaks; notbeing paid for overtime work; working alone at night; and poor lighting at thestores.
The next day the company sent a memo to all regional personneldirecting that sales assistants should work a 40-hour workweek; canopy lightswere installed at all the stores; a policy was adopted that no one would berequired to work alone at night; and sales assistants began receiving wages forafter-hours overtime work. The company posted no solicitation signs in allstores and directed that those signs be enforced; if the employees did notenforce the signs, they would lose their jobs. Later that month the companyheld further meetings with sales assistants, who again were paid for theirtime. They asked to select committee representatives to meet with management todiscuss their complaints. Management officials left the room while theemployees selected their representatives. The company made a list of the tenmost frequently mentioned items from the employees recommended subjects forthe committee to discuss.
Meanwhile, the union filed a representation petition with the NLRBseeking an election in a unit of all Summitt, Ohio sales assistants. Thecompany president told the managers to tell the sales assistants that if theyjoined the union, the company would close those stores. The first meeting ofthe Employee Management Committee was held and the ten priority items werelisted, granting employees a new vacation policy, improved health-carebenefits, sick days, change in holiday hours for pay, recognition of seniorityranks, and improved security systems. Not long after that, the company sent anadditional memo around announcing other improvements in life, major medical,and accident insurance plans, in addition to death and family benefits and arevised disciplinary appeal system.
Theunion wants to file a complaint with the NLRB. What unfair labor practice claim(s) could it make? For each one,what defense would the company give? Use the specific terms and conceptscovered in this course to support your analysis. Please limit your response to a maximum of 2-3concisely written, double-spaced pages.
The basic outline for your answer will be:
Introduction
Definition of an unfair labor practice
Analysis:
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Unfair labor practice claim(s) |
Unions position for each |
Companys position for each |
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Summary
Reference(s)
The chart is atool to help you focus your thinking and to be sure that you provide bothsides perspectives for each ULP. Youranswer can be presented in it or via paragraphs. You are not required to incorporate the chartin your answer. Choose the method thatexplains your analysis clearly.