Campaign Threats or Implied Promise of Benefit - Essay Example

Campaign Threats or Implied Provision of Benefit Introduction The Labor Management Relations Act (LMRA) is the official name for the Taft-Hartley Act which altered the pro labor provisions of the national Labor Relations Act (NLRA) Part 1 The employer’s statements constitute an unlawful act which is that of interfering with the collective bargaining process. Section 8(a) (1) of the Labor Management Relations Act (LMRA) entitled “Unfair Labor Practices” indicates that it constitutes an unfair labor practice for employers to interfere with, to restrain, or coerce its employees in the exercise of the rights that they have been guaranteed under Section 7 of the LMRA.

Section 7 of the LMRA gives employees “the right to self organization, to form, join, or assist labor organizations to bargain collectively” through representatives of their choice as well as to engage in or refrain from activities which serves the purpose of collective bargaining. These provisions implies in no uncertain terms that employees of Jackson Equipment are being threatened by being told that they can be discriminated against if they are pro union and by further casting doubts on the true purpose of the union by reducing it to a dues collection organization.

Part 2 The management of Jackson Equipment Company’s promise of benefits constitutes an unlawful act because the main purpose of the promise is to interfere in the collective bargaining process. This represents an act of promising benefits beyond those that are normally scheduled. However, this aspect of the act only applies until the elections. The promise is conditional on the employees not exercising their rights under Section 7 of LMRA. It represents an interference of their rights to self organize, to form and to join or assist labor organizations, to bargain collectively through representatives of their choice and is therefore an unfair labor practice.

Part 3 The questioning statements of Supervisor Bates and Supervisor Lofton constitute unlawful interrogation in violation of Section 8(a) (1) of the Act. The represent interference in the employees rights to choose. The interrogation served as a method of influencing them by pointing to wrongful practices in other places which might have been allowable at the time based on the laws that were in place then, some of which were contradictory. Both actions denote acts of implicit threats being made to the employee.

In Supervisor Bates case the statement made implies that if the employee joins a union and the union organizes a strike then they can get other workers to fill their spaces which implicitly stating that they will be fired. In the case of Supervisor Lofton the statement implies a cut in benefits. Part 4 The NLRB should give consideration to its “Totality of Conduct” doctrine in reaching a conclusion about the alleged violations in this case because the entire conduct of management and its agents (the supervisors) throughout the campaign was in contravention of the LMRA previously known as the NLRA.

Once the employee can indicate the date that this violation was committed then the management of Jackson Equipment Company can be reprimanded for its violation. Part 5 Guidelines for managers who may be talking with employees about the union during and organizing campaign: 1. Employees freedom to self organize, choose and join a union should not be interfered with. It is the employees right under the LMRA 2. No employee should be interfered with, restrained, or coerced in the exercise of their rights to organize. 3. No threats whether implicit or explicit should be made to any worker as it relates to cuts in benefits, pay or termination of services (Hawai’i State IFA-CIO n.d.) 4.

No promises of benefits should be made to workers beyond those that are normally scheduled (Hawai’i State IFA-CIO n.d.) Part 6 The National Labor Relations Board (NLRB) should rule that the acts of the management and supervisors of Jackson Equipment Company Ltd are in contravention of Section 8(a)(1) of the Labor Management Relations Act. Reference National Labor Relations Board. (n.d.). National Labor Relations Act. Retrieved from: http://www.nlrb.gov/national-labor-relations-act Hawai’i State AFL-CIO. (n.d.). How to Unionize.

Retrieved from: http://www.hawaflcio.org/unionize.html