Secrecy and sanctity of the ballot to ensure secrecy

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: to
 justify
 the
 combination
and
to
privilege
the
communication
 Indirect
discrimination
 61
 ULP
 for
 an
 employer
 to
 dismiss
 or
 discriminate
 against
 an
 employee
 for
 having
 filed
 charges
 or
 for
 having
 given
 or
 being
about
to
give
testimony
 This
 is
 to
 assure
 absolute
 freedom
 of
 the
 employees
 to
 establish
 to
 establish
 labor
 organizations
 and
 unions,
 as
 well
 as
 to
 proper
 charges
for
violations
of
the
labor
laws
 o What
is
prohibited
to
be
done
directly
shall
not
be
allowed
to
 be
accomplished
indirectly
 o The
following
have
been
held
ULP
–
 Dismissal
of
a
laborer
on
account
of
union
activities
 of
his
brother
 Discharge
 of
 an
 employee
 due
 to
 the
 union
 activities
of
the
wife
 Discharge
of
a
wife
due
to
the
union
activities
of
the
 husband
 Test
of
discrimination
 o For
the
purpose
of
determining
whether
or
not
a
discharge
is
 discriminatory,
it
is
necessary
that
the
underlying
reason
for
 the
discharge
be
established
 o The
fact
that
a
lawful
cause
for
discharge
is
available
is
not
a
 defense
 where
 the
 employee
 is
 actually
 discharged
 because
 of
 his
 union
 activities.
 If
 the
 discharge
 is
actually
motivated
 by
a
lawful
reason,
the
fact
that
the
employee
is
engaged
in
 union
activities
at
the
time
will
not
lie
against
the
employer
 and
prevent
him
from
the
exercise
of
his
business
judgment
 to
discharge
an
employee
for
cause
 o Where
 circumstances
 establish
 a
 discriminatory
 motive
 on
 the
part
of
the
employer,
the
assignment
of
a
just
cause
will
 be
unavailing
if
it
can
be
established
that
the
true
and
basic
 inspiration
 for
 the
 employer’s
 act
 is
 derived
 from
 the
 employees’
union
affiliations
or
activities,
the
assignment
by
 the
 employer
 of
 another
 reason,
 whatever
 its
 semblance
 of
 validity,
is
unavailing
 Constructive
discharge
 o Where
 the
 employer
 prohibits
 employees
 from
 exercising
 their
rights,
on
pain
of
discharge,
and
the
employee
quits
as
 a
 result
 of
 the
 prohibition,
 a
 constructive
 discharge
 occurs,
 which
may
be
remedied
in
an
ULP
proceeding
 o Employee
 was
 held
 to
 be
 constructively
 discharged
 when
 she
 quit
 her
 job
 because
 of
 discriminatory
 assignment
 requiring
 heavy
 lifting
 work
 which
 the
 employer
 knew
 she
 was
physically
unable
to
perform
 Discharge
due
to
union
activity,
a
question
of
fact
 o Question
of
whether
an
employee
was
discharged
because
of
 his
union
activities
is
essentially
a
question
of
fact
 Valid
discrimination:
union
security
clause
 o There
 is
 a
 form
 of
 encouragement
 of
 union
 membership
 which
 is
 not
 considered
 ULP
 –
 where
 management
 and
 union
enter
into
a
CBA
containing
a
union
security
clause
 o • • • • Lalay
Abala.
ALS2014B.
Labor
II.
 A
union
security
clause
requires
membership
in
the
union
so
 that
 an
 employee
 may
 retain
 his
 job
 and
 the
 union’s
 existence
is
assured
 o Union
 security
 is
 a
 generic
 term
 which
 is
 applied
 to
 and
 comprehends
 “closed
 shop,”
 “union
 shop,”
 “maintenance
 of
 membership”
or
any
other
form
of
agreement
which
imposes
 upon
 employees
 the
 obligation
 to
 acquire
 or
 retain
 union
 membership
as
a
condition
affecting
employment
 It
 is
 indeed
 compulsory
 union
 membership
 whose
 objective
 is
 to
 assure
 continued
 existence
 of
 the
 union
 o In
 a
 sense,
 there
 is
 discrimination
 when
 certain
 employees
 are
obliged
to
join
a
particular
union.
But
it
is
discrimination
 favoring
unionism.
It
is
a
valid
kind
of
“discrimination”
 Kinds
of
union
security
agreements
 o Closed‐shop:
 only
 union
 members
 can
 be
 hired
 by
 the
 company
and
they
must
remain
as
union
members
to
retain
 employment
in
the
company
 o Union
 shop:
 nonmembers
 may
 be
 hired,
 but
 to
 retain
 employment
 must
 become
 union
 members
 after
 a
 certain
 period.
 The
 requirement
 applies
 to
 present
 and
 future
 employees
 o Modified
 union
 shop:
 employees
 who
 are
...
View Full Document

This document was uploaded on 03/11/2014.

Ask a homework question - tutors are online