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Apply the concept of "unfair labor practice" (ULP) to your workplace or a workplace with which you are familiar

Part 1) Your authors indicate that one of the roles of the Executive Branch of our US government is the creation of agencies to establish policy, make rules and interpret and administer some laws. The NLRB is one of these agencies and it has two primary responsibilities relative to US Labor Law: the determination of unfair labor practices and the certification of union representation. 
 
Respond to one of the following:
 
1.    Apply the concept of "unfair labor practice" (ULP) to your workplace or a workplace with which you are familiar. Even if not unionized, provide an example of an action or situation that might result in a ULP being filed by union or management? 
 
2.    Have you worked in an environment where a ULP has been filed? If so, share the basis of the ULP and how it was resolved?  

3.    If the labor laws discussed in Chapter 3 and the NLRA were repealed, how do you think the terms and conditions of employment might be changed for employees today? Provide a specific example.


Part 2 )
 Our workforce has become more diverse, multicultural and global. Employee rights have gained national attention. Union membership has declined.

Our authors indicate that the U.S. Congress and our legal system have placed greater emphasis on equal treatment of all employees through numerous legislative acts and case disposition.  As a result, some believe that the need for collective bargaining and the need for unions to provide a "voice" for employees has diminished.

Do you agree or disagree that the need for collective bargaining and the need for unions to provide a "voice" for employees has diminished and why?

    Are employees in your organization familiar with their rights?  Do you think that they feel they have a "voice" in their organization? Why or why not?

Part 3) Respond to both statements


  I believe there would be less claims and litigations of wrongful terminations if employers applied fair and consistent practices to determine just cause.  Providing due process in negative employment decisions should be seen as a legal protective strategy for businesses.  Outlining specific guidelines in policy and clear expectations in job descriptions will considerably limit litigation costs and wasted resources.  Being required to meet just cause/due process standards has the ability to improve productivity and promote a positive image for the employer.


 An employee’s motivation is greatly enhanced when they know their efforts and dedication to a job is rewarding and promising, such as advancement, promotion and retention.  Employee performance and turnover would be higher and organizations have a better opportunity to become more profitable.  A just cause system provides a measure of job security, to protect employees from wrongful discharge.  It encourages employers to exercise impartial treatment to employees to avoid being subject to lawsuits.  It would dictate what actions, behavior and performance meet company standard and those that are in direct violation to company policy.


Part 4) answer this questions

-          Do you think that the “glass ceiling” phenomenon is primarily a pipeline problem that will disappear over time as women and persons of color acquire the relevant experiences or is it rooted more deeply in organizational cultures and practices hostile to the advancement of women and minorities? Why do you say that?


-          A taxi company instituted an English-only policy for its dispatch office. All of the employees spoke English, although some spoke Spanish as well. The memo announcing the policy stated that “there is to be no Spanish spoken in the main office” unless a customer did not speak English. The policy applied to business conducted in the main office, but not to conversations outside of the main office during breaks.  Violations of the policy subjected employees to termination. The employer claimed that the policy was needed to help cut down on miscommunication between drivers and dispatchers.
Is this English-only policy discriminatory? Analyze the case from a legal perspective.

-          Does the Family and Medical Leave Act go far enough?
Too far?
What, if any, changes would you make to the FMLA?

Consider the types of events for which an employee may request leave?  Should others be added?Should the FMLA provide for paid leave?  Who pays?  

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