University of California, Davis
Department of Agricultural and Resource Economics
ARE 150 Fall 2011
Handout 3. Union ULPs, Strikes and Remedies
1154 Union Unfair Labor Practices (ULPs): major are a, b, c
union interference, restraint, or coercion of workers who are exercising their 1152
rights, usually to refrain from union activates. Teamsters 3 ALRB 57 (1977), union agent
activity during a strike can coerce employees by encouraging them to honor the picket line
rather than refrain from striking to avoid violence directed against them; union agents must
minimize picket-line violence, not instigate it. Jojola 6 ALRB 58 (1980) allows a union to
picket the homes of strikebreakers to “educate” them about the strike, but there are more
restrictions on union picketing of homes (special refuges) than workplaces.
union discrimination against union members. The ALRA includes a broad good
standing clause that gives farm worker unions more discretion than nonfarm unions to
discipline union members. However, if the UFW declares a worker to be out of good
standing, as in Conchola 6 ALRB 16 (1980), the UFW must offer the accused worker due
process before ordering the employer to fire the worker. If a union collects bundled fees,
that is, a mandatory fee to cover the cost of bargaining and a voluntary fee for political
activities, the union must not make the rebate procedure for the voluntary fees too onerous
for workers who object to the union’s political expenditures (Beck, BCI).
requires certified unions to bargain in good faith. However, if the union does not
bargain in good faith, the affected employees do not get makewhole payments because (1)
the employees selected the union to represent them and (2) the employees would simply be
paying themselves makewhole from their dues and fees, Maggio 12 ALRB 16 (1986).
Strikes and Boycotts
: Unions have four weapons – strikes, control over the supply of labor,
political activities, and consumer boycotts. Employers counter strikes by operating during
the strike or waiting out the strike. The extremes of union power: a construction union can
call a strike against a small builder and send its members to work elsewhere, while
telephone and utility companies often operate during strikes.
Economic strikers can be permanently replaced (Taylor Farms) but seasonal workers can
be replaced only for the season in which they go on strike (Seabreeze Berry). Returning
strikers must be rehired or put on a rehire list and hired as openings occur, that is, employers