Situations

Task 1. Read the following situations and answer the questions.

I. Three workers at Ace Packing Depot talk about getting other workers to join them in asking the company for a raise. The boss fires two of the workers when he learns of this. The boss hires only those of Anglo-Saxon origin. Do the workers have right to sue the employer?

II. Workers conspired to put pressure on the company for better wages. This would be a violation of Federal Law except that this Law exempts such union activity from antitrust laws. Assume that an employer hired only those workers who agreed that they would not join a union (i.e., a yellow-dog contract) and that the employer would apply to a federal court for an injunction prohibiting the workers from picketing and striking the plant. Is this “yellow-dog contract” prohibited by Law?

III. Section 8 of the NLRA requires that the parties meet to bargain in good faith but stops short of ordering agreement. One company hated waste of any kind and had a policy against "posturing" in labor negotiations. It approached the union contract negotiations with facts which included a survey of the employees to determine their wants. Given the results of the survey and what the facts showed the company could afford, it offered a "take it or leave it" package to the union with the purpose of eliminating a time-consuming and unnecessary negotiating ritual that included posturing and unrealistic demands and offers which both sides knew would not be accepted. This was accompanied by refusal by the company to provide some cost information and vague responses to the union's queries. What would the court decide about the company’s conduct in a similar case?

IV. Bargaining subjects are classified as illegal (not bargainable), mandatory, and voluntary. A demand for a closed shop (only union members may be hired) and mandatory retirement at age 62 are examples of illegal subjects. Mandatory under Section 8(d) refers to "wages, hours, and other terms and conditions of employment." This has been interpreted quite liberally in favor of the unions. Voluntary (or permissive or non-mandatory) subjects include industry promotion plans, strike insurance, and benefits for retired employees. These need not be part of the bargaining session, and insistence by one party that they be part of it (by trying a voluntary to a compulsory bargaining issue) constitutes an unfair labor practice. Mandatory bargaining issues include insurance, union dues check-off, merit pay increases, bonus systems, pensions, paid vacations, no-strike/no-lockout provisions, and of course the working environment, whether safety-related or otherwise. A car company was negotiating with a caterer for the servicing of the in-plant cafeteria and vending machines. It appeared that prices were going to be raised. The union demanded a right to review and propose terms regarding the quality, quantity, and prices of the food served. The company refused to bargain with the union over these prices. The union filed a complaint alleging a refusal to bargain contrary to Section 8 of the NLRA. The issue was whether in-plant food prices were "other terms and conditions of employment." What did the Supreme Court agree upon?

V. Gunter Armor obtained an army contract to produce weapons for use during World War II. Until this contract was awarded, the company employed no blacks. What was the court order?

VI. Banner Specialties is a well-run plant and does not consciously practice discrimination, but few minorities apply for positions there. If they are not given job will they have the right to apply to the court?

VII. Swanke Restaurants are noted for a certain elegant style of service. All dinner attendants are waiters (male) and have been for years. Further, they are all of English origin. A black man from the United Kingdom applies for the job of waiter and is refused an interview or consideration. Does he have a strong ground to apply to the court?

VIII. Younger Employment Agency is extremely selective about whom they refer to prospective employers. Due to the clientele they service, they have found that those of Scottish origin are not wanted, and therefore they do not refer any applicants who appear to be of Scottish origin. Would such a referral policy would be a violation by the agency?

IX. An airline which had previously not had a height requirement for flight crew members put in a new requirement which specified that all applicants for flight crew positions (i.e., pilots) had to be a minimum of 6 feet tall. A woman applicant charged sex discrimination on the grounds that the height requirement was overly restrictive and, in practice, was really meant to exclude qualified women applicants from flight crew positions. No other commercial airline had such a restriction, nor did the United States Air Force, nor did NASA in its selection of astronauts. What was the airline found to be guilty of by the court?

X. Burrows was an accountant who supervised the computer operation of the final production runs in a plant which was a subcontractor to the Army. He suffered a severe heart attack and underwent a triple bypass heart operation. His doctor termed the operation an unqualified success, discharged him, and sent him back to work. The plant declined to take him back, contending that the work of supervising the computerized final production runs was an intense occupation, and his participation put the company and Burrows at risk. Is Burrows entitled to be protected by the law?

Task 2. Solve the following situations.

1. Younger started his specialty printing business on a small scale and carefully selected employees who wished to grow with the company. He expanded slowly, and he now has three plants in two different states. Each worker agrees that he or she will be loyal to the company and not join a union and in consideration of such a promise earns shares in the corporation on the basis of longevity. Under these circumstances,

(a) the NLRB would not have jurisdiction over this business because the business is not engaged in interstate commerce.

(b) the company is entering into yellow-dog contracts.

(c) because all employees are, in effect, part owners of the corporation, they are managers or supervisors and couldn't vote in an election for union certification.

(d) the company is clearly violating the Landrum-Griffin Act.

2. Fenton was appointed union negotiator and wished to formulate a strategy for the upcoming renewal of the union contract. She has set forth a number of issues to be placed on the table for management to consider. She has further decided to demand that all these items must be considered or the union will strike. Which of the following issues should not be included in her strategy?

(a) Mandatory or compulsory issues (b) Voluntary or permissive issues

(c) Safety rules at the workbenches (d) Condition of the plant rest rooms

3. Several English-speaking whites applied to a building maintenance company for employment as sweepers and scrubbers. All the employees speak Spanish. The company refused to consider the applications, citing that it is necessary that all employees speak Spanish so that they can communicate with each other on the job. The community has a large (over 30 percent) Spanish-speaking population. Which of the following statements is incorrect?

(a) If the company employs less than 15 people, the 1964 Civil Rights Act, as amended, does not apply to this incident.

(b) If the maintenance company used an employment agency, the small number of em­ployees does not except the agency from the federal law.

(c) Federal law prohibits discrimination on the basis of race, color, sex, religion, national origin, and language.

(d) Requiring proficiency in a language which has the effect of employment discrimination can be unlawful.

4. An airplane manufacturer was shown to have consistently paid black workers less than other employers in the industry paid for the same work and to have assigned the poorer jobs to blacks. The president of the company was very active in social action in the community, and his presence on the board of a prominent charity was coupled with large contributions to black causes. Under these circumstances,

(a) the company cannot be successfully convicted of showing a discriminatory intent against blacks.

(b) it is necessary to show actual malice toward the protected group before a charge of discrimination succeeds.

(c) the employer's knowledge of the disparity and its continued practice can be sufficient to show discriminatory intent.

(d) the Equal Opportunity Act does not apply to industries such as airplane manufacturing.

5. Marvelene Refractories survived in a very competitive industry solely on the efficiency it practiced. A basic management strategy was to cut down on white-collar employment by restricting the number of "paper pushers." The company discovered that considerable expense was incurred in complying with garnishment orders from creditors of its employees. The company therefore instituted a rule discharging employees who were subject to more than one garnishment proceeding within 3 years. This practice

(a) is a bona fide occupational requirement (BFOQ).

(b) is always a proper exercise of management prerogatives.

(c) could be a discriminatory act if it subjects minority groups to proportionally more discharges than other employee groups.

(d) could be a bona fide occupational requirement provided the adversely affected group is distinguished by race or color.

6. Addert-Mill Finance had a sudden rush of business, and its normal 5 o'clock closing was extended for a number of employees on certain days, but on a volunteer basis. The downtown area was not considered to be very safe at night, and Addert-Mill had a policy of providing taxicab fare for the women who worked late. Which of the following is true?

(a) This practice does not violate discrimination law even if it has a discriminatory effect on men in the company.

(b) If no men worked at night, this practice is legal.

(c) If the state had a rule which required an employer to provide for the safe conduct home of its employees when they worked after 9 p.m., this practice is exempt from a charge of discrimination.

(d) This rule is patently discriminatory.

7. Monty was considered an oddball at the plant, and while most treated him with tolerance, the supervisor was having trouble placing Monty in a position where he could be effective without causing undue disruption among other employees. Monty belonged to a cult group that had apparently physically taxing religious services on Thursday nights. Monty was tired and listless on Fridays except if a fellow employee started a religious discussion. The supervisor finally assigned Monty to a different position, which was singular as no other workers had a similar task. Several weeks later Monty asked whether he could take Friday off instead of Saturday. Saturday reassignment was possible, but it did interfere with the supervisor's perception of the "neatness" of things, and the supervisor did not approve Monty's request. Monty has also just learned that the hourly wage for his former position has been raised. His wage in his new position has not been raised. The supervisor pointed out that Monty's position is found in comparable companies and according to their wage scales he is being paid above average. Monty is beginning to believe that he is being discriminated against.

8. Marian was a single parent and had raised four children while working at television stations. She began as a clerk-typist and by age 54 had become the new program director at WXXX. She was proud of her 30-year career and of her accomplishments in the industry despite the absence of any formal higher education. The station was sold, and in an attempt to change its image the management decided to restructure certain key positions. Marian was given notice that the new retirement policy affected operational officers, including all program directors and assistant program directors, by requiring their mandatory retirement at age 55. Marian was just beginning to spend her salary on herself, having educated all her children. She was told that her 30 years at the station entitled her to a generous pension of $30,000 per year and that she "should enjoy her retirement." Marian had been earning $53,000 per year plus participa­tion in a stock purchase plan which she had only been able to take advantage of the past 2 years. Within the next 2 years all but one of the six program directors at the station would have to leave under this policy. She was the only woman director. Marian's employment contract was a written one, for year-to-year periods, renewable at the option of the TV station.

What federal law may be applicable to Marian's situation? What success would she have under it?

Дата добавления: 2015-01-03