The Laborers International Union of North America, Local 578, and Shaw Stone & Webster Construction, Inc., were
Question:
The Laborers’ International Union of North America, Local 578, and Shaw Stone & Webster Construction, Inc., were parties to a collective bargaining agreement that covered workers at the company. The agreement contained a union-security provision that required all company employees who were represented by the union to join the union. If an employee failed to join or pay union dues, the union would request that the employee be fired. After Sebedeo Lopez went to work for Shaw Stone, he failed to pay his union initiation fee and monthly dues. Lopez’s shop steward told him to pay these fees, although the amount owed was unclear. He was also told that the union was pressing the company to fire him. Lopez agreed to pay the fees and left a money order for $200 at the union’s office, but the union claimed that it did not find the money order. Lopez promised to pay another $215 in a few days, but the union demanded his immediate dismissal. Shaw Stone fired him on the spot. Lopez complained to the National Labor Relations Board (NLRB), which brought unfair labor practice charges against the union. An administrative law judge ruled against the union, and the NLRB agreed. The union appealed. Was the union guilty of unfair labor practices under the National Labor Relations Act by having Lopez fired? Why or why not? [Laborers’ International Union of North America, Local 578 v. National Labor Relations Board, 594 F.3d 732 (10th Cir. 2010)]
Step by Step Answer:
Business Law Text and Cases
ISBN: 978-1111929954
12th Edition
Authors: Kenneth W. Clarkson, Roger LeRoy Miller, Frank B. Cross