ctivity #4, LER 100—Clark.

40 points Name_________________________________
ubmit via Canvas Dropbox by 12:05 pm on Thursday, October 28

NLRA UNFAIR LABOR PRACTICES

Please answer the four questions below about unfair labor practices under the National Labor Relations Act (NLRA).
Provide a written explanation for your answer in each case. Each question=10 pts.

1. After a hard fought campaign in Dubuque, Iowa, the employees of Harold’s Aluminum Welding
Konnectors, Inc. (HAWK) voted 301-285 in favor of being represented by the National Union of Konnector
Employees (NUKE). Soon after the election, NUKE sent a letter to the company asking them to meet at the
Dubuque Hilton Hotel at 7 pm for five straight Wednesdays beginning November 1 st to negotiate a collective
bargaining agreement. HAWK management wrote back and said they do not want a union, they do not
recognize the union that was elected, and they will not bargain with the union, ever.

Are there any NLRA unfair labor practices in the above scenario? YES _____ NO______
If yes, are they 8.a. or 8.b. violations and what section or sections of the NLRA are being violated (i.e. 8a1,
8a3, 8a5, 8b1, 8b2)?

If there are violations, please explain why in a few sentences.

_________________________________________________________________________________

2. Over the past two years, several full-time employees of the Tomm Company Apple Farm in
Chambersburg, PA have been injured, two seriously, in workplace accidents. Workers use mechanical apple-
picking machines to harvest the apples. The machines have many moving parts and because the apples are
only ripe for a few days and need to be picked, they are forced to operate the equipment in all kinds of
weather. The employees asked the Farm to put protective guards on the machines, but the Farm refused,
saying it cost too much. Workers are also forced to continually lift very heavy bags of apples, resulting in back
and shoulder injuries. Making the situation worse is that the Farm’s employees do not receive any health
care benefits, meaning they have to pay for their own medical treatment. Some of the Farm’s workers
recently started a union organizing campaign and have been asking fellow workers to sign union
authorization cards saying they want to have a union election. When the company found out about this, they
fired the three employees who started the organizing drive.
 Are there any NLRA unfair labor practices in the above scenario? YES ______ NO______
If yes, are they 8.a. or 8.b. violations and what section or sections of the NLRA are being violated (i.e. 8a1,
8a3, 8a5, 8b1, 8b2)?

If there are violations, please explain why in a few sentences.

3. The International Union of Musicians (IUM) is trying to organize the full-time musicians at the
Pittsburgh Symphony Orchestra, Inc. Helena Gomez, an oboe player and full-time member of the orchestra.
Helena is highly respected by other members of the Orchestra and other Orchestra members follow her
advice. Helena has told friends that she does not support the union. The leaders of the union organizing
drive heard about her opposition and tried to convince to support the union, but she refused. They then told
her that if she opposes the union and the union is voted in, they will go to the Orchestra’s management and
get her demoted from first chair oboe player to third chair oboe player (a drop-in pay of 40 percent).

Are there any NLRA unfair labor practices in the above scenario? YES______ NO______
If yes, are they 8.a. or 8.b. violations and what section or sections of the NLRA are being violated (i.e. 8a1,
8a3, 8a5, 8b1, 8b2)?

If there are violations, please explain why in a few sentences.

4. The office staff at the Franklin Bank of State College are unhappy with their employer. The mostly male
supervisors at the bank are verbally abusive to the mostly female workers and often make sexually suggestive
comments. The pay and benefits are the worst of any bank in town. And the supervisors are unwilling to give
the workers time off to tend to family matters such as when their children are sick or have school events
during the workday. The employees have contacted the National Bank Workers Union and are in the process
of trying to organize a union of their own. The Bank found out about the organizing drive and has been
holding “captive audience” meetings during the workday which employees are forced to attend. At those
meetings the supervisors forcefully tell the employees that they should not vote for a union, using such
arguments as the union will cost them money because they will have to pay dues, the union is an outsider, if
they vote in a union there will be strikes, and that unions only protect lazy workers.

Are there any NLRA unfair labor practices in the above scenario? YES _____ NO______
If yes, are they 8.a. or 8.b. violations and what section or sections of the NLRA are being violated (i.e. 8a1,
8a3, 8a5, 8b1, 8b2)?

If there are violations, please explain why in a few sentences.