Labor Relations and Employee Rights - Assignment Example

The paper "Labor Relations and Employee Rights" is a delightful example of an assignment on human resources.

Case #1: How Were We to Know?

Question #1

The comment of the plant manager that he intended to begin hiring replacement did not contain any legal risk. He acted within the confines of the National Labor Relations Act in order to give the four strikers a chance for collective bargaining. The workers were not replaced immediately until the company negotiated with workers and the union representatives. The comment did not contain any legal, as the Collective Bargaining Agreement had expired, and only negotiations with the company’s top official could determine the fate of the workers.

Question #2

A company employer can only sack an employee in the event there is a proper cause other than an economic strike. The economic strikes may force companies to cut down on cost and remain in business, but they should issue a notice beforehand to the affected workers (Budd, 2013).  Employees possess partial bargaining power for their contract, but the same provision of the law prohibits them from taking advantage and retrenching workers when there is a looming economic strike. The actions of the strike should not interrupt the operations of commerce in any way.

Question #3

I would rule the case in favor of the employees on strike. Section 8 (a) (3) allows employees on contract to bargain with their employees to avoid affecting the flow of commerce. They have the right to negotiate for a fair wage rate and working conditions in the industry. Economic strikes are legal as long as they conducted in a friendly manner. They help to restore the bargaining power for both employers and employees with respect to wages, hours and overall working conditions (Nlrb.gov, 2014).

Case #2

Question #1

The purpose of the collective trade agreements was to design a common employment agreement on how individual employment contracts should be designed to give both the employee and the employer bargaining power. The agreement sought to give the Union the power to ensure that rights and obligations under all employment contracts are granted. The agreement wanted to see to it employees do not coerce the employees to sign a contract in a bid to give them status. It would then provide a clear picture about the legality of the contracts.

Question #2

There is a legal difference between a union-negotiated contract and an individual contract. An individual contract legally binds an employer and an individual only. They reach an employment agreement without involving an external body in the negotiations. On the contrary, a collective contract legally binds a particular employer and a registered union. The terms of the contract bind the employees who are registered members of the union. The employees must also be covered by the coverage clauses of the union-negotiated contract (Nlrb.gov, 2014).

Question #3

The union has the right to question the nature of the contracts because the company was a registered member of the union. National Labor Relations Act empowers employees to join unions and advance together to bargain for their interests but within the confines of the law. An employer or any external body should not interfere, coerce or restrain the employees from exercising their rights (Nlrb.gov, 2014).