Question
Bob and Carol are interested in forming a union to represent the employees at the Bank's call center.They have talked about it with some employees,
Bob and Carol are interested in forming a union to represent the employees at the Bank's call center.They have talked about it with some employees, and the word has apparently gotten back to management. They were told that if they continued this type of disruption, they would find their workhours cut, or they would be discharged.Which of the following is most correct?
Bob and Carol are within the rights guaranteed by law, and their actions to organize the union are protected.They cannot have their hours cut or be discharged.
Bob and Carol are within the rights guaranteed by law, and their actions to organize the union are protected.If their hoursare cut or they are discharged, the statements of management a presumption that they are fired for permitted union organizing activities.Bob and Carol will prevail unless the company can demonstrate some other valid basis for the adverse actions against Bob and Carol.
The relevant labor laws do prohibit firing employees for attempting to organize and form a union. If management did discharge Bob and Carol, it would be a clear violation of Labor Law. However, cutting their hours - even dramatically - would not constitute discharge, and would not be subject to the labor laws.
Bob and Carol are protected if they are members of a union, but in the formation stage, there is not yet a union to be a member of. Therefore, they are not yet protected.
They should have utilized outside assistance from a union office to talk with other employees and set up the organizing meetings, etc., because those union officers would not be subject to adverse action - they don't even work for the bank.
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