Unfair Labor Practice Research Articles

Problematic encounters between Chinese nationals and black South Africans in the building industry in Johannesburg, South Africa An intercultural communication analysis

China’s increased engagement with South Africa presents serious challenges to Chinese construction companies because of allegations about unfair labour practices. This study aimed to identify cultural differences between black South Africans and Chinese and explore the roles of the differences in their problematic encounters in the building industry in Johannesburg. The study concluded that cultural dimensions should receive due consideration when addressing contentious labour relations between Chinese companies and African employees instead of simply observing labour laws, as broadly claimed in political and economic circles.

More and Better Food: Was It an Unfair Labor Practice?

The National Labor Relations Board ruled that an employer violated Section 8(a)(1) of the Act by soliciting grievances and granting benefits to employees to discourage their union activity. Among other unfair labor practices, the company had responded to organizing by discharging unpopular supervisors and providing more and better free food to employees. In addition, the Board found that the employer unlawfully initiated a confrontation with a union representative and maintained a handbook rule that provided for discipline for discussing payroll information. Dissenting in part, Board Member Emanuel would have found that the company did not change its practice of providing food for employees after the start of the organizing campaign. ImageFIRST, 366 NLRB No. 182, (2018)

Lawful Rules About Employee Conduct Toward the Employer and Supervisors

As part of rules for employees' workplace behavior, many employers specify conduct toward the employer and its supervisors that is not permitted and will result in discipline up to and including termination. To avoid an unfair labor practice charge, employers should take special care in the content and wording of these rules.

노조설립신고 제도와 국제노동기준

The Article 2 subparagraph 4 of the Trade Union and Labor Relations Adjustment Act(hereinafter referred to as “Union Act”) stipulates a reason for disqualification that is not regarded as a trade union with the definition of a union. And the Article 10 of the Union Act provides the report system of the establishment of a trade union. So, any person who intends to establish a trade union shall submit a report on the establishment of a trade union. In other words, a trade union under the Union Act is validly established only when it has submitted a report of establishment and received the certificate of report. An extralegal union, a worker’s organization which fails to received the certificate of report may not make an application for adjustment of industrial dispute and for the remedy of unfair labor practices and may not use the name trade union. In this respect, the report system of the establishment of a trade union under the Union Act is highly likely to violate the freedom of association under international labor standards. Therefore, the report system on the establishment of a trade union should be abolished for the faithful guarantee of the freedom of association.

Can Management Call the Cops When Unions Organize on Company Property?

Efforts by a company to prevent union representatives from distributing union literature from the shoulder of a road near the employer's site drew unfair labor practice charges from the union. The company's general manager wanted the union reps removed and mistakenly believed the company's property included the shoulder of the road, based upon its ownership to the center of the road.

“Naming Names” Equals Surveillance

Creating even the impression of surveillance is an unfair labor practice, as shown by one recent case, Napleton Cadillac, 367 NLRB No. 6 (2018). The union alleged that management's identification of employee Oberg, as he walked by, as “the guy who started all this,” constitutes the creation of an impression of surveillance of union activities in violation of the Act.

Lawful and Unlawful Rules About Employee Conduct Toward the Employer and Supervisors

As part of their employee behavior rules, many employers specify conduct toward the employer and its supervisors that is not permitted and will result in discipline up to and including termination. To avoid an unfair labor practice charge, employers should take special care in the content and the wording of these rules.

Employer Nullification of an Unfair Labor Practice

Employer Nullification of an Unfair Labor Practice

A Small Unfair Labor Practice?

Management Report for Nonunion OrganizationsVolume 41, Issue 12 p. 7-7 Campaign Workshop A Small Unfair Labor Practice? First published: 16 November 2018 https://doi.org/10.1002/mare.30453Read the full textAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinkedInRedditWechat No abstract is available for this article. Volume41, Issue12December 2018Pages 7-7 RelatedInformation

The impact of globalization on Workers: an Analysis of Nigerian Public Service

Globalization is the increasing interaction of peoples, states or countries through the growth of the global trade, international flow of capital, ideas and culture. The paper discusses how privatization of public corporations and invention of information and communication technology (ICT) lead to the retrenchment and casualization of public servant. The aim of this study is to examines the impact of globalization on the public servant in Nigeria. The methodology involves the use of secondary data, through a systematic literature review which entails the document analysis of related matters. The findings reveal that globalization infringes on the right of a public servant by making them vulnerable without job security. The paper concludes that government must stop unfair labor practice such as retrenchment and casualization of workers, and improve good working conditions to make public servant more productive.

Employer Evades Bargaining Order

In early 2014, aluminum manufacturer Novelis won a union election by a vote of 287 to 273. Subsequently, a National Labor Relations Board administrative law judge found Novelis committed numerous unfair labor practices, including restoring Sunday and holiday pay; removing union literature; interrogating employees; prohibiting employees from wearing union paraphernalia; and threatening employees with wage loss, plant closure, and more difficult working conditions if they were to unionize, as well as demoting an employee for complaining about management on Facebook. Among other measures, the ALJ recommended a bargaining order because “traditional remedies … would be insufficient to alleviate the impact reasonably incurred by eligible unit employees[.]”

Board Considers Whether Misclassification of Workers Is a ULP

The National Labor Relations Board has asked concerned parties for briefs arguing that an employer does or does not automatically commit an unfair labor practice (ULP) when it misclassifies its employees as independent contractors.

Inadvisable Advice: Limits on Employers' Counseling of Employees with Regard to Unfair Labor Practice Proceedings

Inadvisable Advice: Limits on Employers' Counseling of Employees with Regard to Unfair Labor Practice Proceedings

Employers Starting 2018 in a Much More Pro‐Business Environment

The first Republican majority National Labor Relations Board in nearly a decade made up for lost time during the closing days of December, issuing several important decisions that overturned pro‐labor rulings from the Obama era. These rulings were the subject of several articles in the February issue of Management Report. As employers consider their potential liability for unfair labor practices in 2018 and beyond, the following are three of the most significant areas where the new Trump Board has made welcome changes to the rules.

Restoring a Willingness to Act: Identifying and Remedying the Harm to Authorized Employees Ignored Under Hoffman Plastics

Part I of this Article provides a background for both the NLRA and the IRCA. It examines the goals and remedies of both statutes as well as the impact of the Supreme Court’s Hoffman decision on available remedies. Part II addresses the currently-skewed remedial incentives. It considers why employers are tempted to hire unauthorized workers and commit unfair labor practices that are then inadequately remedied, which creates a situation that adversely effects the rights of authorized employees. Part III more closely analyzes this consequential harm. This Part identifies the erosions on the NLRA’s collective nature and the impact on authorized employees’ terms and conditions of employment as well as their ability to change them. It also examines the far-reaching erosion of mental confidence experienced by authorized employees when considering their statutorily protected rights. This chilling effect, when unaddressed, represents a failure of the NLRA to achieve its remedial goal to restore the status quo ex ante to the employer’s unfair labor practice. In Part IV, this Article considers the literature addressing remedies in cases involving unauthorized workers, including the many existing suggestions for refinements that might bring balance to the currently misaligned incentive structure. It observes, however, that these proposals reflect a current focus on unauthorized workers that not only poses practical and political dilemmas if implemented but, as a normative measure, continues to overlook the problem of the harm done to authorized employees—and may even cause them further harm. Given that any attempt to amend the NLRA or modify Hoffman to account for this developing problem is almost certainly doomed to fail in the foreseeable future, Part V concludes that it may be more expedient to work within the existing statutory text and case law to address the distinct harm to authorized worker as a part of the restoration of the status quo. It therefore suggests that in cases where an unfair labor practice has been found involving an unauthorized worker, the General Counsel and the Board should routinely consider expanded appropriate remedies. These remedies could potentially include longer notice posting times, notice mailing with explanatory material educating the remaining workers of their rights, publication of the notice for a period of weeks in a publication of general circulation, visitation to ensure compliance with the Board’s order, and other measures designed to restore the confidence and willingness to act of employees, particularly the authorized workers who have been harmed by their employer’s actions.

Staffing and Working Conditions of Employees in Chinese Restaurants in Zimbabwe: Justifiable?

This paper tests the validity of a barrage of grossly unfair labour practices levelled against Chinese investments in many African countries including Zimbabwe by extant literature and claims by ordinary citizens in the continent. The researchers noted that these labour mal-practices were mainly based on studies in the mining, construction, agriculture, transport, clothing and telecommunications sectors and was left wondering how manifest and justifiable they were in Chinese restaurant investments in Zimbabwe whose visibility had highly increased in the last decade. A survey of 9 out of 10 registered Chinese restaurants was undertaken and 54 key informant employees were the research respondents. Researcher administered questionnaires and direct observation were the key data collection methods. This research demonstrated that most of the labour mal-practices levelled against Chinese investments in Zimbabwe were actually justifiable in the prevailing operating environment in country. The research suggests that further research be carried out to determine the overall multiplier effects of these Chinese restaurants to the country.

Employee Arbitration Agreements in NLRB Jeopardy

Recently, a National Labor Relations Board administrative law judge (ALJ) ruled unlawful an employer's policy requiring employees to arbitrate all employment‐related “disputes, claims, or controversies” against the company (Alorica, Inc., NLRB Case No. 18‐CA‐190846 (2017)). The ALJ said employees would reasonably believe that by signing the agreement they gave up the right to file unfair labor practice charges with the NLRB. Notably, the agreement did not mention the NLRB or employee rights under the National Labor Relations Act or directly limit employee rights.

DISCIPLINARY PROCESSES FOR SOUTH AFRICAN MAGISTRATES: REFLECTIONS ON THE MAGISTRATES ACT 90 OF 1993 AND THE LABOUR RELATIONS ACT 66 OF 1995

An employment relationship creates certain rights and protection for the respective parties concerned. For example, an employee has the right not to be unfairly dismissed or subjected to unfair labour practices in the execution of his or her duties. On the other hand, an employer has the right to lay down rules in order to regulate the conduct required from its employees. The Code of Good Practice recognises this right of the employer: Dismissal , which requires all employers to adopt disciplinary rules that establish the standard of conduct required from employees. If an employee fails to adhere to the required rules or standards, the employer has recourse in the form of discipline. Disciplinary action is usually initiated in response to poor work performance or unwarranted behaviour by workers and is aimed at restraining employees from behaving in a manner that could hamper production and the functioning of the organisation. When an employer exercises the right to discipline, regard must be had to the employee’s right to be treated fairly. It is therefore important that disciplinary procedures should maintain a proper balance between the rights of the respective parties in the disciplining process.The aim of this note is to compare the procedures for disciplining conventional employees in terms of the LRA with the procedures to discipline magistrates in terms of the Magistrates Act. The purpose of the comparison is to evaluate whether the disciplinary regime applicable to magistrates effectively ensures that they are appropriately and timeously disciplined when necessary in order to ensure a well-functioning judiciary. The note will commence with an outline of the legislative and regulatory framework of the respective disciplinary processes. This will be followed by an evaluation of whether the disciplinary regime governing magistrates contributes to a well-functioning judicial system. The note will conclude with recommendations regarding streamlined processes that would provide role players in the judiciary with certainty about the applicable remedies and the appropriate dispute resolution institutions where their disputes may be resolved.

UAW Accuses Nissan of Unlawful Long‐Term Surveillance

By a 2–1 margin, the UAW lost its union election among workers at a Mississippi Nissan factory. Predictably, the union has filed unfair labor practice charges in hopes of getting the National Labor Relations Board to invalidate the election results and order a repeat. In what is perhaps the most unusual charge, the union claimed that management carried out illegal surveillance of employees for years and used the findings to rate them on a scale of union‐friendliness.

Avoiding Interrogation

It is unlawful for an employer to “interrogate” employees about their own or co‐workers' feelings toward or interest in a union. In fact, all forms of questioning about union affairs or the employees' sentiments about unions are illegal. What follows are examples of some of the more common types of questions that could be viewed as illegal by the NLRB. Also, asking employees during prehire conversations and interviews whether they are in favor of a union, whether they have been a union member in the past, or even bringing up the subject in any way could be an unfair labor practice.