Human Resources Test Case Essay
a. Evaluate the various claims made by the union and counterclaims made by the company regarding the charges of unfair labor practices. Which of the arguments are most persuasive?
Section 8(a)(1) of the National Labor states, “It shall be an unfair labor practice for an employer to interfere with, restrain, or coerce employees in the exercise of the rights …show more content…
The most persuasive argument the union has is the claim that Nord was acting as an agent of the company when he made his statement concerning the apartments, while the most persuasive argument the company has is their argument that the increase in the benefits package is not a ploy to get the employees to vote down the union, although this could backfire if the NRLB finds that there was no prior plan to increase the benefits package before the union came around.
b. Was the statement by Nord to Snow on the date of the representational election a threat or a legitimate prediction and personal opinion protected by the free speech provisions of the act? Why, or why not?
Section 8(c) states, the expressing of any views, argument, or opinion, or the dissemination thereof, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under any of the provisions of this Act [subchapter], if such expression contains no threat of reprisal or force or promise of benefit. (NLRB, 2012)