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LABOR LAW STUDY SHEET Cases #1-JI Case Issue: Does refusing to bargain collectively by citing previous individual contracts violate Sections 8(a)(5) and 8(a)(1) Ee arguments : 1. NLRA says CB pertains to all wages, hours and T+C of employment. 2. Enforcement of union bargaining power is public right. Keeps “industrial peace” -individual advantages disrupt the peace 3. 8(a)(5) equates a ULP to refusing to bargain collectively w/ Ee representatives ER arguments: 1.The employees already signed a binding contract. Holding Companies must bargain collectively as the CB order is the will of the worker Union can make provisions in contract for individual bargaining (sports stars) #2-Kentucky River/Oakwood Issue: Who is a supervisor? What constitutes individual judgement/working in interest of employer? Ee arguments: With too broad of a supervisor definition, power of CB is compromised The terms Assign and Responsibly to direct could conceivably done by professional employees in interest of profession not employer NLRB held that Ees do not use independent judgment when exercising “ordinary professional or technical judgment in directing less-skilled Ees to deliver services in accordance w/ meeting ER specified standards.” Key word being ordinary. Best Bargaining unit is not necessary just an appropriate one. ER arguments Conflict of interest w/ some professional employees in BU. They will not know who to align with. All supervisory judgment concerns technical or professional judgment. Under that logic no one is a supervisor. Professionals in unit have no real power. Holding Kentucky River: Whoever claims that an employee is a supervisor has to prove it
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Oakwood: Definition of Responsibly to Direct: the employee has to be accountable for the people that they direct. The individual must have the ability to take necessary corrective action against employees for poor performance Definition of Assign: designating an employee to a place (such as a location, department, or wing), appointing an individual to a time (such as a shift or overtime period), or giving significant overall duties, i.e. tasks, to an employee. “refers to the . . . designation of significant overall duties to an employee, not to the . . . ad hoc instruction that the employee perform a discrete task.” #3 Hoffman Plastic Issue: Are illegal aliens protected under NLRA? What are remedial powers of NLRB for illegal aliens? What takes precedent IRCA or NLRA? Ee Arguments (NLRA) By Sure-Tan illegal is still a 2(3) Ee. (1) Remedies exist to deter employee (2) W/o remedies business can treat organizing by illegals as they like (2) Discriminatory to not give that section 2(3) employee protection. ER Arguments (IRCA) Set precedent against illegal alien employees.
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