complaint up through a U.S. Supreme Court decision.First, the labor union, employee,employer, files a charge with the NLRB. The charge has to come within
... [Show More] 6 months of the violation.A respondent is the party that is being accused. The charging party is the one filing complaint.There will then be an investigation to see if there is enough evidence through interviews or otherresources. If there isn't enough evidence, the case will be dismissed. If there is enough evidence,there will be an effort for both parties to come to an agreement. If an agreement can not bereached, a formal complaint will be sent and hearing will be before an administrative law judge.During the hearing, the respondents will have a chance to present their case. With the evidencein hand, the administrative law judge will send a recommendation to the board and all partiesabout the case. The judge can recommend an order to cease and desist or a dismissal ofcomplaint. With either recommendation from the judge, the courts can enforce, change, orremand the case back to the Board. However, the US Supreme Court can appeal a court ofappeals case. Four of the nine judges must agree to hear the case. However, few cases are heardby the US Supreme Court. The US Supreme Court can resolve the dispute and establish abinding precedent.
007.The signing of authorization cards by prospective union members is one of the initial stepsin securing recognition of a union.As soon as the union has 30% of the members in thebargaining unit `signed up' it can request a recognition election from the NLRB.Most goodstrategists advise that the union have at least 50% `signed up'.Comment on the wisdom of thisadvice in the light of your reading.Union authorization cards are usually the official beginningof a labor drive. To gain the right to conduct an election, a union must prove that it has thesupport of at least 30 percent of the employees to be their representative in a collectivebargaining unit. When a union presents authorization cards to an employer, the employer canvoluntarily recognize the union as the bargaining representative of its employees, provided thatthe union can demonstrate that it has been designated by more than 50 percent of employees. Ifthe union has cards from more than 50 percent of the unit members, an election is not required.The U.S. Supreme Court ruled that union authorization cards, obtained from a majority ofemployees without misrepresentation or coercion, are often reliable enough in proving majoritysupport.The current method for workers to form a union in a particular workplace in the United States isa sign-up then an election process. In that, a petition or an authorization card with thesignatures of at least 30% of the employees requesting a union is submitted to the NationalLabor Relations Board (NLRB), who then verifies and orders a secret ballot election. Twoexceptions exist. If over 50% of the employees sign an authorization card requesting a union, theemployer can voluntarily choose to waive the secret ballot election process and just recognizethe union. The other exception is a last resort, which allows the NLRB to order an employer torecognize a union if over 50% have signed cards if the employer has engaged in unfair laborpractices that make a fair election unlikely. Under the proposed Employee Free Choice Act(EFCA), if the NLRB verifies that over 50% of the employees signed authorization cards, thesecret ballot election is bypassed and a union is automatically formed. Introduced in the U.S.Congress in 2005 and reintroduced in 2007[1] and 2009,[2] the EFCA provides that the NLRBwould recognize the union's role as the official bargaining representative if a majority ofemployees have authorized that representation via card check, without requiring a secret ballotelection.[3] Under The EFCA, if over 30% and fewer than 50% of employees sign a petition orauthorization cards, the NLRB would still order a secret ballot election for union representation.
008.Describe, in detail, the sequence of events in the formation of a union local from the initial`idea' up to the point where collective bargaining would be required.Be sure to include, in youranswer, a discussion of the various ways that you could secure recognition of your local union. [Show Less]