I just need a conclusion to go with the content below 300 to 350 words .
Rule (of Law)
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According to the National Labor Relations Board (NLRB), an employee has the right to organize a union with coworkers over conditions of employment. This right means that an employee also has the right to wear union buttons, solicit coworkers to sign authorization cards, distribute brochures and other pamphlets related to the union, and discuss the union during work hours with fellow employees. The employer is not allowed to spy on employees doing union duties, threaten the employee, or bribe the employee. Not all of these rights necessarily apply during work hours. During work hours, while an employee has the right to discuss the union and union activities, they are not necessarily allowed to solicit to coworkers during work hours. This is up to the discretion of the employer.
These rights, that the National Labor Relations Board has laid out, only apply to active employees. This means, that depending on the company’s rules, non-employee union members may not be allowed to solicit a union to nonunion employees on company property. This means that the United Food and Commercial Workers Union did not have the right to return to company property to leave more literature after being asked to leave the first time. Because World Tea & Coffee Inc owns the parking lot, they have the right to prevent a union from soliciting to nonunion employees on their property. Even though there are eleven other stores between World Tea & Coffee and the parking lot, the parking lot is still owned by the company.
We will discuss this case using IRAC, or Issue, Rule, Analysis and Conclusion. Issue; to discover what problem is happening, and all the facts around it. Rule; tells us what laws are related to the issue, and to be used to determine the outcome. Analysis; this is taking the rule and applying it to the problem or issue. It should be used to analyze how the facts lead to the rules and ultimate lead to the conclusion. And finally, conclusion; conclusion gives you the final answer to the issue (“Using The I-R-A-C Structure In Writing Exam Answers”, n.d.).
Our case is World Tea & Coffee, Inc. (World Tea & Coffee) vs. The United Food and Commercial Workers Union, AFL-CIO (Union). Here is a copy of the case:
“World Tea & Coffee, Inc. (World Tea & Coffee), owned and operated a retail store in the Westtown Shopping Plaza in Westtown, New York. Eleven other stores were located between the World Tea & Coffee store and the parking lot, which was owned by World Tea & Coffee, Inc.
The United Food and Commercial Workers Union, AFL-CIO (Union), attempted to organize World Tea & Coffee’s 230 employees, all who were non-union. When a full-page advertisement in the local newspaper failed to attract the employees to unionize, nonemployee union organizers entered World Tea & Coffee’s parking lot and began putting handbills on car windshields parked in the employee parking lot area.
World Tea & Coffee’s manager informed the union organizers that World Tea & Coffee prohibited their unionizing efforts of solicitation and placing handbills of any kind on the property and directed them to get off the property. After they left, World Tea & Coffee personnel removed the handbills. Union organizers repeated their handbill efforts in the parking lot on several following occasions. On each event, nonemployee union organizers were directed to get off the property, and the handbills were collected and removed.
The union filed a grievance with the National Labor Relations Board (NLRB)” (University of Phoenix, 2017).
Looking at the National Labor Relations Board, we would first need to look into the rights of unions and employers, and what they can and cannot do. In Employment Law of Business, Bennett-Alexander and Hartman (2015) list that according to the NLRB, it is unfair labor practice to
- Interfere with, restrain, or coerce employees in the exercise of their rights.
- Interfere with the formation of a labor organization.
- Discriminate in the hiring or tenure of employment or discourage membership in a labor organization.
- Retaliate for filing charges or testifying under the act.
- Refuse to bargain with the representatives of the employees.
What isn’t listed are acts that could be considered unfair labor practice done by unions. According to, the FLRA.gov website, some examples of unfair labor practices include
- Refusing to process a grievance because an employee is not a union member
- Threatening an employee for filing a ULP charge
- Refusing to negotiate in good faith with an agency
- Calling, participating in, or supporting a strike, work stoppage, or slowdown
Looking at the facts of the case, World Tea & Coffee owned a building and the parking lot, and there are 11 other stores along this strip. The United Food and Commercial Workers Union, AFL-CIO (Union), attempted to organize World Tea & Coffee’s 230 employees, all who were non-union. They had put an advertisement in the newspaper but didn’t attract many employees. Then nonemployee union organizers entered World Tea & Coffee’s parking lot and began putting handbills on car windshields parked in the employee parking lot area. World Tea & Coffee’s manager informed the union organizers that World Tea & Coffee prohibited their unionizing efforts of solicitation and placing handbills of any kind on the property and directed them to go. After they left, World Tea & Coffee employees removed the handbills. Union organizers repeated their handbill efforts in the parking lot on several following occasions. On each event, nonemployee union organizers were directed to get off the property, and the handbills were collected and removed. After these attempts, the union filed a complaint with the NLRB.
What we need to look at are the people involved. Employers aren’t allowed to discourage membership to a labor union or refuse to bargain with the representatives of the employees. In this instance, World Tea & Coffee isn’t discouraging their employees to join the union, and since they aren’t part of a union currently, World Tea & Coffee isn’t refusing to bargain with any union representative. Unions can’t refuse to negotiate in good faith with an agency, and cannot call, participate in, or support a strike, work stoppage, or slowdown. The United Food and Commercial Workers Union aren’t trying to speak or work with World Tea & Coffee, they are dropping handbills on their property to try and communicate with the employees of World Tea & Coffee, and since the Union isn’t attempting to negotiate with the employer, it could be seen as the Union is trying to insight work stoppage or slowdown.
Employees can join unions without any employer interference, employers cannot retaliate against employees who join a union or put job conditions on not joining a union. Employees can combine with other coworkers into a union. Employees cannot advertise or recruit on work time. With this case, all the handbill drops were made by non-employee union members. Since they are not employees, the handbill drops could be considered soliciting, and if World Tea & Coffee have “no solicitation” warnings, then what the non-employee union members would be trespassing.