Question
Speros Ironworks, Inc. manufactures iron products such as chairs, stair railings, poles for flower baskets, and similar items. It has 250 employees, all of whom
- Speros Ironworks, Inc. manufactures iron products such as chairs, stair railings, poles for flower baskets, and similar items. It has 250 employees, all of whom work at the same location in North Philadelphia. The employees who work in the office are non-union, and the individuals who do the actual manufacturing work are union members. The collective bargaining agreement (which did not have a "no-strike" clause) expired on June 30, 2021 even though the parties had been engaged in negotiations for the prior 6 months in an effort to reach an agreement that would cover the next five years. Management took a hard stance with an offer of no wage increases for the first two years and then raises of only 25 cents per hour for each of the next three years, a demand that employees contribute half of the cost for health insurance instead of the current contribution of ten percent, and a change in the work rule that respects seniority for decisions involving work schedules.The union objected to all of these and sought a substantial pay increase, no increase in the employee contribution to health insurance, and the status quo concerning seniority.The union gave more than 60 days notice of its intention to strike on July 1, 2021, and continued to negotiate in the meantime.When an a new collectivebargaining agreement was not reached, the union began a strike on July 1st and the employees established a picket line.
(1)(a)Was the union required to provide advance notice of its intention to strike?Why or why not?(b) Assuming that the union met all legal requirements about notice, is the strike legal?Why or why not?(c) Are there any restrictions about the number of picketers, whether the picketing can block entrances to the building, whether the picketers can prevent any union members who want to cross the picket line from doing so, and whether the picketers can cause damage to the property of Speros Ironworks?If so, what are the restrictions?
(2)If Speros Ironworks believes that the picketing is improper, what can it do to try to remove the picketers or limit their conduct?
- The management and the union eventually reach an agreement for a new contract, and the union members return to work. The first day back, Ron Davis was using a power saw that suddenly jerked. Ron instinctively reached for it and badly cut his left hand.He is taken to the hospital and has emergency surgery, and he will need substantial physical therapy after the stitches are removed because of damage to the nerves.The medical expenses will be high and Ron will be out of work for at least six months.Speros Ironworks claims that Ron caused his own injury, so it denies his claim for workers compensation benefits.
(1)Is this a proper defense by Speros Ironworks that will allow it to avoid paying any workers compensation benefits?Why or why not?
(2) Assume that Speros Ironworks gave Ron workers compensation benefits.Ron wants to sue Speros Ironworks for negligent maintenance of the power saw and negligent instructions about its use.Can Ron succeed in such a lawsuit?Why or why not?Is there another party that Ron should consider suing?
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started