The production workers at Molded Products Co., represented by the Allied Workers Union, went on strike in June 2002, after their collective agreement expired. The strike lasted two months, and during the strike, almost half of the 150 workers crossed the picket line and returned to work. When the strike ended, the company recalled 60 of the strikers and operated with a workforce of 135. Some of the workers then circulated a petition stating that they no longer wished to be represented by the union, and 70 of the workers signed it. The company then notified the union that it was withdrawing recognition and refused to bargain with the union over renewing the collective agreement. The union filed a complaint with the NLRB, arguing that the company's withdrawal of recognition violated Sections 8(a)(1) and (5).

How should the NLRB rule on the complaint? Why? Explain your answer. [See Quazite Div. of Morrison Molded Fiberglass Co. v. NLRB, 87 F.3d 493 (D.C. Cir. 1996).]

Case Problem 2: Shortly after the union won a representation election in a Philadelphia-area hospital, the hospital fired the union steward, allegedly for failing to report to work. Some 18 months after the discharge, and while the unfair labor practice charge was still in litigation, a majority of the bargaining unit presented the president of the hospital with a petition requesting that the president withdraw recognition from the union and cease bargaining with it. Pursuant to the petition, after confirming the authenticity of the signatures and that it contained a majority of the bargaining unit members, the president withdrew recognition. The union filed another unfair labor practice charge.

If the hospital was found guilty of discriminatorily discharging the union steward, can you make an argument that it committed a second unfair labor practice by withdrawing recognition from the union while the unfair labor practice charge was pending? Do you reach a different result if at the time the petition was presented the hospital had been found guilty of the discriminatory discharge but was in the process of appealing the Board's decision? Would the result be different if the hospital had been found guilty but had immediately remedied the illegal action by reinstating the employee with back pay? [SeeTaylor Hospital v. NLRB, 770 F.2d 1075 (3d Cir. 1985).]

Answer rating: 100% (QA)

1 In the case of Molded Products Co the NLRB should rule in favor of the union The withdrawal of recognition by the company violates Sections 8a1 and ... View the full answer