NLRA breifs - NLRB v City Disposal Systems Supreme Court...

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NLRB v. City Disposal Systems Supreme Court 1984 Shows what “concerted” means Question When employee invokes CBA right is he/she engaged in “concerted” activity such that he/she is covered by section 7 of NLRA? Facts CBA protected ee’s rights to drive safe trucks Worker refused to drive unsafe truck, faced adverse employment action Worker filed ULP charge with NLRB Holding Anytime individual invokes CBA right he/she engaged in “concerted activity” pursuant to section 7 of NLRA Reasoning Section 7 language broad and inclusive Enforcing CBA part of collective process o Wouldn’t have CBA right without collective (prior negotiating activities) o Standing on behalf of fellow workers Opposite holding against NLRA purpose o Unions won’t negotiate CBAs if individual ees can’t invoke rights granted NLRB v. Washington Aluminum Co. Supreme Court 1962 Clarifies “protected” concerted activity Violation of company rules still protected concerted activity Question Was the spontaneous walkout considered protected concerted activity under section 7 of NLRA? Facts Ees complained to foreman about cold working conditions Foreman says “if those fellows had any guts at all, they would go home” One ee decided to go home, other workers decide to leave Foreman persuaded one worker to remain on job Company president says if all ees left, have to terminate NLRB found ee conduct concerted activity protected under section 7 , discharge of ees was ULP under 8a1 Court of appeals held not section 7 violation because didn’t afford company opportunity to avoid work stoppage by granting concession to a demand; claimed board exceeded power based on 10c Holding Walk-out was protected concerted activity for purpose of mutual aid under section 7 Reasoning Section 7 language broad o Protects concerted activities before, after, at same time as specific demand presented to er to remedy objectionable condition o Opposite interpretation of Section 7 places too large burden on ee, against purpose of NLRA Ees took most direct course without established bargaining procedure or representative Walkout did involve “labor dispute” according to 2(9) Proportionate requirement: conditions of coldness so aggravated on the day, reasonableness not required but make act justified
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Discharge “for cause” under 10c doesn’t cover discharge for engaging in protected concerted activities under Section 7 o Even if company had rule saying ee can’t leave work w/o permission from foreman Unprotected concerted activities o Unlawful o Violent o Breach of contract o Disloyalty to er Edward G. Budd Manufacturing Co. v. NLRB U.S. Court of Appeals 1943 Timing indicates er motive Question Did the er Budd Manufacturing violate 8a1, 2 and 3 of the NLRA by discharging employee Weigand?
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