The National Labor Relations Board (NLRB) is the first stop in an unfair labor practice dispute between an employer and a union. What happens when the NLRB is wrong in their judgment, or one of the parties needs further clarification? The next stop would be an appeals court, and Baltimore Sun Company v. NLRB is an example of this conflict. Case Summary In 1996, the Baltimore Sun Company (Balt. Sun Co., Company, Petitioner) and the Washington-Baltimore Newspaper Guild (Union, respondent-intervenor) were renegotiating the collective bargaining agreement for the Union members working for the Petitioner (Balt. Sun Co. v. NLRB, 2001). Balt. Sun Co. is a newspaper publisher and distributor in the Baltimore and Washington, D.C. area. “For more than 50 years, the [Union]…has served as the collective bargaining representative for all of the non-managerial news and editorial employees of the Company” (Balt. Sun Co. v. NLRB, 2001, para. 5). However, some employees of the Company are represented by separate unions, and other employees have no representation at all. Balt. Sun Co. was developing the SunSpot; a website division that posts articles from the newspaper to the Internet during the …show more content…
Since this power is taken away from the group, the NLRB typically reserves this allocation for cases where the employees’ desires are straightforward. Unfortunately, in the Balt. Sun Co. v. NLRB case the decision created controversy where the Court of Appeals needed to intervene to make a decision. Balt. Sun Co. v. NLRB has merit because the Union had no evidence the SunSpot division met the criteria for accretion of the parent bargaining unit. Furthermore, the Union could not claim their representation is the norm at Balt. Sun Co. because other divisions had separate union representation, and some employees were not represented by a union at
Jasper also felt that the employees’ protest was not protected because their request was unreasonable, “and did not constitute concerted activity for their ‘mutual aid or protection’ because” when polled, the majority voted against closing
Sunbeam Television Corporation v. Marilyn A. Mitzel Broadcast journalist Marilyn A. Mitzel won her court case against the Sunbeam Television Corporation and received a substantial amount of compensation, about $1 million in reparations (House 1). Mitzel believed the television station in which she worked, WSVN Fox 7 discriminated against her age when she was fired in 2005. Her career as a news anchor reporting for WSVN-TV began in 1988 and lasted for 17 years on a contract-basis (Sunbeam v. Mitzel). Every two or three years, her contracts would be renewed under the sole license of Sunbeam until February of 2005. The Sunbeam corporation had the power to program, future and present broadcasts as predetermined by the contracts.
The Court then ruled in Gibbons favor; not only because they believed that a federal license was of more
I am in favor of the Petitioner in the name of Rebecca Friedrichs who supports the idea of overturning the precedent Abood v. Detroit Board Education where the Supreme Court ruled that public agency shop arrangements are constitutional. Public-sector agency shop arrangements aren’t completely incorrect in regards to the subject of having the right to represent since they do have the “legal duty to represent all workers” (“Supreme Court takes case on ‘fair share’ union fees,” 2015). It explains how they do have the constitutionality behind representation and also behind their practices (Abood v. Detroit Board Education) yet regarding their actions, it doesn’t mean that the ruling in Abood v. Detroit Board Education should’nt be overturned especially considering unions require nonmembers to pay “their fair share of fees” for bargaining costs despite the
J.D.B v. North Carolina, involved a 13-year-old, seventh-grade student. J.D.B was stopped and questioned by police when they observed him near the site of two home break-ins. Five days later, a digital camera matching one of the items from one of the home break-ins was found at J.D.B’s school and was observed to be in J.D.B.’s possession. Investigator Diconstanzo went to the school and a uniformed police officer went to the school and removed J.D.B. from his classroom and escorted him to a closed-door conference room. Police and school administrators questioned him for a minimum of 30 minutes; without giving him his Miranda warnings or the opportunity to call his legal guardian.
v. NLRB, Case Nos. 01-3606 and 01-3987 (7th Cir. Aug. 1, 2003), which has similar relating facts to Drake and Keeler’s, it provided some guidance on understanding protected and unprotected strikes. In the case of Trompler, Inc v. NLRB, the employer was held liable for back pay and reinstatement for terminating six employees who walked off the job in response to unanswered complaints regarding the higher level supervisor (“When May Nonunion”, 2003). Even though both Drake and Keeler made a complaint to their supervisor about the work conditions, they did not necessarily have to provide a complaint.
1. What was the legal issue in this case? What did the NLRB decide? This case is based on 26 former employees of MasTec Advanced Technologies, Inc. (MasTec), who sued the company alleging that their employment were terminated after an appearance on a TV news show, complaining about unfair new pay formula and the instructions to lie to the customers in order to meet with the telephone lines installations rates. As is mentioned in the textbook in the MasTec Advanced Technologies' case, the new pay formula indicate that the technicians would be paid $2 less for basic and additional outlet installations, but would earn $3.35 for each receiver they connected to phone line.
The farmer went to trail and was found not guilty. This frustrated the JMLA seeing as the only thing they wanted was proper working conditions and stable wages. Eventually the companies caved and granted the workers their demands. JMLA’s next goal was to become a recognized union by the American Federation of Labor (AFL). However the president of the AFL Samuel Gompers would only grant union privileges to the Mexican workers and none to the Japanese workers.
To help reach this decision the court had to refer back to the Commerce Clause of the U.S. Constitution, which reads "Congress shall have power to regulate commerce ... among the several States. " The case of Gibbons v. Ogden greatly broaden Congressional power through an individual clause in the Constitution. The Supreme Court’s decision was ultimately made by Article I, Section 8. The Clause stated “Congress had powers to regulate any aspect of commerce that crossed state lines, including modes of transportation, and that such regulation preempted conflicting regulation by the states”(McBride).
As fast food workers continue to clamor for a hike in wages to $15 dollars an hour. Ed Renesi, the former president and chief executive officer of McDonalds USA, argues in his Op-Ed article published on Forbes.com “The Ugly Truth About a Minimum Wage” that a $15 minimum wage will wipe “out thousands of entry-level opportunities for people.” Renesi begins his op-ed by building his credibility on the issue through his knowledge in insider information on the business practices of McDonalds USA and successfully employs strong emotional appeals to further convince his audience to see his side of the argument. Ed Renesi sets the state of his argument by talking about the Service Employees International Union, a union that has recently expanded
In terms or conditions of employment, disparate treatment occurs when an employee is intentionally treated differently by the employer due to race, color, religion, gender or national origin. Likewise, disparate impact is the discriminatory effect of apparently neutral employment criteria or selection devices. Further, disparate impact does not require intention to discriminate on the part of the employer. This type of impact disproportionately disqualifies employees based on race, color, sex, religion or national origin. The issue that surrounds the Griggs v. Duke Power Co is whether or not there’s a violation of Title VII.
This was an excellent example of the Unions determination and
The National Labor Relations Board (NLRB) oversees most labor relations activities in the private sector and was created by the 1935 National Labor Relations Act. The NLRB had basic principles that it determined was appropriate unit foe employees to have substantial mutuality of interest in wages, hours, and work conditions. The NLRB broke the principles down into detail to clarify what is dean appropriate for employees. The criteria for an appropriate unit includes; community of interest, history of bargaining, employees’ wishes, employees’’ unionization, employer’s organization structure, and public interest. Community of interest evaluate a group of employees and determine whether they constitute an appropriate bargaining unit, including;
If a dissatisfaction or dispute takes place within an organisation most will resort to collective bargaining as it
While unions and management are both key participants in the labor relations process, the goals and strategies differ in some areas; however, there are areas in which the expected outcomes are the same. First, management seeks to survive and maintain a competitive advantage, to grow and prosper, to achieve a favorable return on its investment, to utilize human resources effectively, to attract, maintain and motivate employees, to protect the rights of administrators in an effort to retain flexibility as well as the ability to make decisions, and to obtain commitment from the union that for the duration of the agreement, there will be no strike. On the other hand, unions want the company to survive and remain competitive, a well as for the union