In April 2013, several employees of Javatech, Inc., a computer hardware develope
ID: 2747589 • Letter: I
Question
In April 2013, several employees of Javatech, Inc., a computer hardware developer with 250 employees, started organizing the Javatech Employees Union (JEU). When Javatech refused to voluntarily recognize the union, organizers petitioned the National Labor Relations Board (NLRB) for an election. In June, the NLRB conducted an election that showed that a majority of Javatech employees supported the union. JEU was certified and began bargaining with management over wages and benefits. In January 2014, Javatech management offered the JEU a 1 percent annual wage increase to all employees with no other changes in employment benefits. The JEU countered by requesting a 3 percent wage increase and an employee health-insurance package. Javatech management responded that the 1 percent wage increase was the company’s only offer. The JEU petitioned the NLRB for an order requesting good faith bargaining. After meeting with an NLRB representative, Javatech management still refused to consider modifying its position. JEU leaders then became embroiled in a dispute about whether the JEU should accept this offer or go on strike. New union leaders were elected in July 2014, and the employer refused to meet with the new JEU representatives, claiming that the union no longer had majority support from employees. In August 2014, a group of seven Javatech engineers began feeling ill while working with a new adhesive used in creating motherboards. The seven engineers discussed going on strike without union support. Before reaching agreement, one of the engineers, Rosa Molina, became dizzy while working with the adhesive and walked out of the workplace. Using the information presented in the chapter, answer the following questions. 1. How many of Javatech’s 250 employees must have signed authorization cards to allow the JEU to petition the NLRB for an election? 2. What must Javatech change in its collective bargaining negotiations to demonstrate that it is bargaining in good faith with the JEU, as required by labor law? 3. Could the seven engineers legally call a strike? What would this be called? 4. Would Molina’s safety walkout be protected under the Labor-Management Relations Act? Explain.Explanation / Answer
1.
In order to allow JEU to petition the NLRB for an election, at least 30 percent of the total employees must have signed authorization cards. It means at least seventy five employees must have signed the authorization cards.
2.
In order to showcase that it is bargaining in good faith with JEU, Javatech needs to demonstrate during the collective bargaining process that the union did not have majority support at the time of negotiation. If Javatech can provide sufficient evidence that the union no longer enjoys a majority support of the members, then it can demonstrate that it is bargaining in good faith with JEU. Furthermore, they should not show absolute refusal to the union’s proposal as it constitutes bad faith.
3.
The seven engineers can legally call a strike on the basis of their concern regarding employee safety. The group of seven employees became falling ill when the company started using a new adhesive to build motherboards. This action would be known as “concerted activity”. Nonunion employees can take protected concerted action for mutual benefits of employees in terms of wages, working hours, or work environment.
4.
Molina’s safety walkout wouldn’t be protected under the Labor-Management Relations Act. Although, a single employee can take protected concerted activity if his/her action is taken for the benefit of other employees and if he/she has discussed his/her action with approving workers.
In the mentioned case, Molina became dizzy before reaching the agreement and walked out of the workplace. In this case, although her step is taken for the benefit of other employees; but she has not discussed her action with approving workers. Therefore, she would not be protected under the Labor-Management Relations Act.