
Section 7: Employee Rights




To form, join, or assist labor organizations
To engage in collective bargaining through
representatives of their own free choice
To engage in concerted activity for the purposes of
mutual aid or protection
To refrain or refuse to engage in above

Section 8(a)(1)

“to interfere, restrain, or coerce employees in the
exercise of their Section 7 Rights”


“If you vote for the Union I will close the
plant” vs “If you vote for the Union my costs
will increase and I will have to close the plant”
“Why do you want the Union?”



Totality of the Circumstances Test
“If you vote for the Union I will give you a 5%
raise” vs Giving a raise as past practice
Observation vs. surveillance
 TIPS

You may not
Threaten
 Interrogate
 Promise/Grant Benefits
 Spy


Motive vs. Impact Test

“To discriminate with regard to tenure of
employment in order to discourage or
encourage union membership”


Motive vs. Impact Test
3 Elements



Employee engaged in union activity
Employer knew/must have known
Union activity was cause for action

What of the employee who must join and pay
union dues in order to keep his/her job?

“Right to Work” vs. “Free Rider”
 Union’s Duty of Fair Representation
 Easily Met


What is the Union’s Ultimate Course of
Economic Action to Compel Employer
Agreement at the Bargaining Table? What
Legitimate Interest?
What are the Employer’s Economic Reactions?
What Legitimate Interest?

But what of the employees’ Section 7 rights as
protected by Section 8(a)(3)?

“To from, join or assist labor organizations”
and “representatives of their own free choice”

Representation Petition Process





Showing of Interest
Petition
Election Agreement/Hearing
Secret Ballot Election
Challenges and/or Objections


Bargaining Units, Not Unions
Bargaining Units: Scope

2 Statutory Goals
 Bargaining Stability
 Freedom of Choice

Bargaining Units: Composition

Voting Eligibility
 Supervisor, Managers, Confidentials



Freedom of Choice
Timing: Critical Period
Conduct:




Soliciting/Resolving Grievances
Inducements
Misrepresentations
Polling Place Activity



Strikes and Lockouts
Temporary v. Permanent Replacements
Viability of the paradigm and Union
Alternatives