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On November 2, 2023 Dan was hanging out in at the Pub when Helaine, the local union leader came into Dan's office and said, We
- On November 2, 2023 Dan was hanging out in at the Pub when Helaine, the local union leader came into Dan's office and said, "We represent your workers, you need to recognize us immediately. In fact, the union had authorization cards signed by 22 of Dan's 38 employees.
- Helaine said it is my right to talk to the workers and she went into the kitchen. (1) Dan told her no and kicked her off the property. That night Dan: (2) asked each employee if they would vote for the union. He then announced: (3) that he would fire anyone who voted for the union and stated (4) "union promises mean nothing and they cannot guarantee what they say." Next, Dan said: (5), "I fear strikes! If the union calls a strike, and I hope they do not, I have debt service and will need to keep the place open. I will have no choice but to hire permanent replacements which would kill me because I think of us as family so you will get no wages or insurance while on strike and you may not get your job back at the end, you will be put on a list." Finally, Dan (6) gave every employee a $2.00 per hour raise.
- The union was certified as the representative of the employees. The union demanded "union security, just cause, and an arbitration system. The employer demanded something in exchange for the just cause and arbitration system. Finally, the union demanded that the employer agree to "interest arbitration" if there was no agreement after 120 days.
Questions
1. Using the new Cemex case, what are Dan's options / obligations. You can IRAC it
2. Take each of the 6 things Dan did and state: lawful or unlawful and in a no more than two sentences state why (I'll read a 3rd or 4th sentence, but just letting you know you don't need to write too much.
3. IRAC Union Security; IRAC what employers get in exchange for just cause and arbitration. IRAC: what is interest arbitration
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