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Labor Relation Process

In: Other Topics

Submitted By colettehackett
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1. Was this matter within the jurisdiction of the National Labor Relations Board?

The statements made by the employer appear to coincide with an unlawful promise of benefits, and therefore, are unacceptable in relation to the act. The concept of “positive coercion” is addressed in the case study, and these actions directly influence the manner in which employees may view the union and its possible entrance into the organization. In this context, the company does not possess a right to actively or even passively coerce employees into making a decision on one side or another, as this should be an independent decision that is left in the hands of employees without any type of influence. This is an important factor in demonstrating the value that is placed upon organizations and their ability to coerce employees to make decisions in one way or another, and how this type of behavior is unacceptable in all cases.
2. Were Leiner’s actions considered a protected activity under the Labor Management Relations Act?
I think yes. The employer had an e-mail policy that restricted use of the e-mail system to matters related to company business which stated that “[t]he e-mail system is provided to employees at Company expense to assist them in carrying out the Company’s business.” In general, employees used the e-mail system for a variety of non-business uses, such as personal messages, charitable announcements and union matters.
3. How should the NLRB rule? Give your reasons.
The NLRB should rule that the disparate enforcement of the e-mail policy violated Section 8(a)(1)...

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