Labor Law Cases and Materials Essays -- employee union, national labor,

1. In the case Lechmere, Inc. v. National Labor Relations Board, 502 U.S. 527 (1992), Lechmere was a large retail store located in a plaza that also contained several smaller satellite stores. In this case the union filed an unfair labor practice against Lechmere for violating Section 7 of the NLRA for not allowing its non-employee organizers to distribute literature on the companies parking lot. There was not sufficient area for on public property for these organizers to be able to speak with employees. In this case the NLRB ruled in favor of the union stating that â€Å"The right to distribute is not absolute, but must be accommodated to the circumstances, where it is impossible or unreasonably difficult for a union to distribute organizational literature to employees entirely off the employer’s premises, distribution on a nonworking area, such as the parking lot and the walkways between the parking lot and the gate, may be warranted.† In the case of Republic Aviation Corp. v. NLRB, 324 U.S. 793 (1945), the employer fired four employees in total for violating the company’s policy stating, â€Å"Soliciting of any type cannot be permitted in the factory or offices.† One employee was soliciting union membership in the plant by passing out application cards to employees on his own time during lunch, and three other employees were discharged for wearing UAW-CIO union steward buttons in the plant after being requested to remove them. The NLRB ruled in favor of these employees having the reinstated and had the company remove its no solicitation rule because it violated Section 8(1) of the NLRA. You can see by these two cases that there is a difference between employee and non-employee union organizers. The main difference being in where they ... ...intention of entering in to a collective bargaining agreement. â€Å"Section 8(d) of the National Labor Relations Act states that â€Å"to bargain collectively is the performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement, or any question arising there under, and the execution of a written contract incorporating any agreement reached if requested by either party, but such obligation does not compel either party to agree to a proposal or require the making of a concession† (Cox, Box, Gorman, Finkin, 2011). Works Cited Cox, A., Bok, D. C., Gorman, R. A., & Finkin, M. W. (2011). Labor law cases and materials. (5th ed.). New York, NY: Thompson Reuters/Foundation Press.