Employees desire for union representation
Question: Should card-check procedures be allowed to determine employees' desire for union representation or only formal representation elections? What result does it favor? What is the main objection to its use? How can that objection be moderated?
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Davis Hosiery Mills has each new employee sign an acknowledging receipt of the company's handbook. In small print, it states the employment relationship as "at-will". An employee sues for wrongful termination.
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Should card-check procedures be allowed to determine employees' desire for union representation or only formal representation elections? What result does it favor? What is the main objection to its use?
Imagine a simulated scenario in which you will make a presentation to your HR Department in preparation for a move by the employees to introduce collective bargaining into your company.
From an ethical perspective, is it fair for a holder in due course to protect himself from personal defenses such as failure of consideration or fraud in the inducement? Why?
Since the anti-cutback provisions of ERISA apply only to pensions and not welfare plans, what did changing the conditions under which retiree health care benefits were available run afoul of the anti-cutback rule?
These cases were litigated all the way to the Supreme Court. What, if any, practical impact might these ruling have on businesses? Why do you think that these issues were litigated all the way to the Supreme Court?
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