Ethics Case
Recognizing and Avoiding Unfair Labor Practices
Managers who supervise employees need to be able to recognize situations that could be considered to be an unfair labor practice and avoid them. If an alleged unfair labor practice is committed, the Department of Labor may order an investigation to determine if a penalty or other sanction is warranted. The purpose of this exercise is to develop skills for recognizing and avoiding unfair labor practices and finding ways to manage the workplace without violating government labor policy. Before starting this exercise, review the five unfair management labor practices listed under the Wagner Act that we discussed in this chapter. Now read the next three scenarios and answer the questions that follow.
Scenario 1:
You are finishing up some paperwork at the end of a hard day. As the HR manager, you have been involved in the company’s negotiations with the union regarding the truck drivers’ new contract with your firm. The negotiations have not been going well, and all indications are that a strike will be called in a matter of days. As you are preparing to leave your office, three long-time truck drivers ask to have a word with you in private. They inform you that they are not happy with union and that a number of the other drivers feel the same way. They ask you to them “get rid of the union.” Should you act on this request?
Scenario 2:
You are the store manager for a regional supermarket chain. You store is nonunion. When a local union attempts to organize your employees, you receive orders from headquarters to discharge the employees from your store who have signed union authorization cards. Your regional manager also orders you to prepare termination slips for each of the fired employees detailing false reasons for their termination. How should you proceed?
Scenario 3:
The negotiations between your company and the union representing the 110 production workers in your firm have reached a dead end. Union members have already voted to go on strike. At a meeting of the key managers involved in running the company, the production manager suggests using the remaining clerical, accounting, and managerial staff as replacements to keep the plant running. She also suggests contacting a temporary employment agency to help fill any remaining critical positions while the union members are on strike. As the HR manager, how would you respond to this suggestion?
Critical Thinking Questions
Problem 1. For each of the three scenarios, determine whether you think an unfair labor practice would be committed if you as a manager act on the request that is being given to you by management or employees. Which unfair labor practice(s) could be violated? In some situations, more than one unfair labor practice could occur.
Problem 2. Place yourself in the position of the manager in each of the scenarios and respond to each of the requests. If you decided to reject or accept the request, indicate the reason for your decision. Then develop a suggest plan of action that will deal with the issue that has been brought to your attention.