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are150-review-questions-3-answers - University of...

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University of California, Davis Department of Agricultural and Resource Economics ARE 150 Fall 2009 Philip Martin Dist 10/20/09 [email protected] Due 10/29/09 Review Questions 3—Midterm 2 is Tuesday, November 3 Please type or write neatly, and put your discussion section, 4-5 or 5-6, on your answers. Each answer is worth one point. 1. Protected concerted activities are one-time and peaceful worker protest activities that are protected by the ALRA, such as going on strike to protest wages that workers consider too low for the hot or cold weather in which they are asked to work. Yes, workers are engaged in PCA when they refuse to work on a hot or cold day, and can be replaced but not fired by the employer—replacement means the job is vacant, the employer tries to fill it, and the employer must rehire returning strikers who offer unconditionally to return to work or put them on a rehire list. There is a 3-part test to determine whether an employer interfered with PCA by firing or disciplining protesting workers is: 1. Did the affected workers engage in PCA—refuse to work, ask for wage increase etc 2. Did the employer know of their PCA 3. Was there a “causal connection” between the employer’s actions toward the employees and their PCA After workers answer yes to 1-3, the burden of proof shifts to the employer to show that all workers who do what the workers complaining of interference did are treated the same way, that is, there was no difference in treatment due to the PCA Protesting workers without a union representative do not have to make a specific demand to the employer for a particular wage or temperature before they walk off the job—their one-time and peaceful strike is protected even if they do not tell the employer what they need to go to work. 2. In Pappas, 5 ALRB 52, melon harvesters refused to repick a field of melons because they thought it was too hot to continue working for the same wage. FLC Zamudio unlawfully fired the protesting crew for refusing to work. He could have lawfully disciplined the crew that refused to work by replacing them, but
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could not fire them for engaging in the protected concerted activity of protesting low wages for work in the heat. Lawfully replacing the striking workers means that FLC Zamudio says—your jobs are vacant, I need melons picked, I am seeking workers, and I will hire the first workers who can be recruited. If the strikers offer return to work unconditionally, FLC Zamudio must rehire them if there are vacant jobs. If their jobs have already been filled by replacement workers, FLC Zamudio must put the returning strikers on a recall list and rehire them as job vacancies occur without discrimination for their union activities. 3. A. Yes the workers’ rights were violated, and the firing was unlawful.
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