Assume that an unfair labor practice charge was filed against your company by several employees and three prospective employees. See the form linked below indicating the charge, which outlines the scenario below:

On July 29, 2016, Delphi Golf, Inc. and the union entered a collective bargaining agreement. The majority of the company’s employees covered by the agreement had not designated the union as their collective-bargaining representative. The agreement contains a union-security clause requiring employees who are members in good standing of the union to maintain their membership in good standing and all other employees to become members of the union on or before the 31st day following the effective date of the agreement or the date of their hire. The union instructed Delphi Golf, Inc. not to employ three servers for restaurant positions in the company because the servers were not members of the union. The company is an employer within the meaning of Section 2(2) of the act engaged in commerce within the meaning of Section 2(6) and (7) of the act.

Explain in a two-page essay the process and steps your company will have to take to defend this action. Explain the defenses to the action and if the union employees have valid claims. What actions by the employer should have been done differently, if at all? What actions by the union should have been done differently? Who, if anyone, is liable?

You are required to use at least your guide as source material for your response. All sources used, including the guide, must be referenced; paraphrased and quoted material must have accompanying APA style citations.

Guide has been attached. As well as the Case

 

Answer preview

Unfair labor practices are the activities carried out by either the labor union or employer that are against the regulations put forth by the laws. The labor laws in the United States give the guidelines under which the employer and the union should interact. The labor laws allow employees to come together by creating a union, which serves as the employees’ representative for discussing the terms of workplace conditions with the employer. Labor laws also specify how the election in unions should be conducted as well as ensuring effective collective bargaining. For example, organizations should not refuse to negotiate with unions in which their employees are members. Therefore, under labor laws, either the company or the union representatives can practice defense against a lawsuit.(674words)