Rule Of Law: Collective Bargaining

34-1 Union Labor Practices
Issue: What are the terms for collect collective bargaining?

Rule of Law: Under Collective Bargaining, an employer and union must act in good faith and not change wages or terms and conditions of employment during the bargaining process.

Application + conclusion: While consolidated stores was undergoing a unionization campaign, the management swayed the employees to reject the union by increasing their wages and providing them bonuses. Under collective bargaining, that is unfair labor practice because the management is interfering with the unionization campaign.

34-2 Wrongful discharge
Issue: What constitutes a wrongful discharge and when dealing with safety who is the federal agency to turn to for help?

Rule
Other employees had fallen and one had died while performing the same task. Denton and Carlo refused to perform the task and were fired. Denton and Carlo were wrongfully discharged because they were asked to perform a dangerous task that had already been proven to be dangerous. They can turn to OSHA for help since various employees have been hurt already and file a violation.

34-3 Employment at will
Issue: When and employee is an employee at will, what protects them from being terminated?

Rule of law: An employee at will may terminate their employment at any time for any reason unless doing so violates an employee’s contractual rights

Application+conclusion: Thomas Ellis signed an at will employment as a director for Blue sky charter school from July 1 to June 30. There was a provision in the agreement for an automatic renewal unless the board acted before April 15. On May 7 Ellis was terminated. At this point Ellis was no longer an at will employee because his contract had a provision that renewed his contract if the board did not act in time. In this case the board acted too late and Ellis’s contract was now in effect for another year.

34-4 Minimum
While working there she was getting paid an hourly wage that was higher than the states minimum wage. Server’s tips were put in a “tip pool” and one third was given to the servers and the rest was given to the kitchen staff members. This tip pool arrangement did not violate the minimum wage provisions of the fair labor standards act because misty was receiving a wage higher than the states.

34-5 unfair labor practices
Issue: What makes an unfair labor practice?

Rule of law: When is a union guilty of unfair labor practices?

Application + conclusion: The laborers international union of North America and Shaw stone have a provision where the employees are required to pay dues to the union. Sebedo Lopez an employee of Shaw went to work without paying his dues and the union pressed for his dismissal so Lopez agreed to pay but the union still pressed for his dismissal and Shaw fired him. Lopez was dismissed although he had agreed to pay therefore his dismissal was unfair.

35-6 workers compensation
Issue: What are the requirements to recover workers compensation benefits?

Rule of law: The requirements to recover workers compensation are: the existence of an employment relationship, and an accidental injury that occurred on the job or in the course of employment regardless of