Miscellaneous

When does an employer have the right to strike?

When does an employer have the right to strike?

For example, it is an unfair labor practice for an employer to discharge an employee for failure to make certain lawful payments to the union when there is no union-security agreement in effect (Section 8 (a) (3). A strike to compel an employer to do this would be a strike for an unlawful object and, therefore, an unlawful strike.

Is it unlawful for a union to strike with an object?

It is not unlawful for Employer A voluntarily to stop doing business with Employer B, nor is it unlawful for a union merely to request that it do so. It is, however, unlawful for the union to strike with an object of forcing the employer to do so. These points will be covered in more detail in the explanation of Section 8 (b) (4).

What’s the difference between a strike and a work stoppage?

Strike action, also called labor strike, labour strike, or simply strike, is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. This is a form of strike action taken by a trade union or other organized labor group for environmentalist or conservationist purposes.

When is a strike unlawful under National Labor Relations Board?

Section 8(d) provides that when either party desires to terminate or change an existing contract, it must comply with certain conditions. If these requirements are not met, a strike to terminate or change a contract is unlawful and participating strikers lose their status as employees of the employer engaged in the labor dispute.

What is Rule 609 of the impeachment process?

Rule 609: Impeachment by Evidence of Conviction of Crime. (a) General Rule – For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime may be admitted if the following procedures and conditions are satisfied:

What’s the difference between Rule 609 and 610?

Rules 609(a) and 610 also use the term “credibility” when the intent of those Rules is to regulate impeachment of a witness’ character for truthfulness. No inference should be derived from the fact that the Committee proposed an amendment to Rule 608(b) but not to Rules 609 and 610.

What happens when you get a 609 dispute letter?

If the dispute is valid, the credit bureaus will remove the negative item. Any accurate or verifiable information will stay on your credit report—a 609 letter doesn’t guarantee its removal.

Why is rule 608 ( B ) an underutilized rule?

Therefore, Rule 608 (b) opens a wide door to effective and damaging impeachment material. One concern that lawyers may have about relying on Rule 608 (b) during cross-examination is that the Federal Rules of Evidence otherwise generally prohibit introducing evidence of a person’s character or character trait.

What makes a strike an unlawful labor practice?

A strike in support of a union unfair labor practice, or one that would cause an employer to commit an unfair labor practice, may be a strike for an unlawful object.

What do you call an employee who strikes to protest unfair labor practices?

Employees who strike to protest an unfair labor practice committed by their employer are called unfair labor practice strikers. Such strikers can be neither discharged nor permanently replaced.

Can you bring a trade union representative to a meeting?

This would involve a meeting with the employee at which the employee could bring a colleague or other representative. There is no right to bring a legal representative, unless the employer agrees. This may be a trade union representative, even though the employer may not formally recognise or engage with the union.

How does an employer work with an injured employee?

work activities, the employer can temporarily modify the employee’s normal job or assign the employee to another position to facilitate rapid return to work. Such temporary assignments should be encouraged and allowed without loss of pay. By minimizing the disability time in this way, the injured employee can ease back into a regular work routine.

Who was involved in a workplace accident in 2016?

On 26 November 2016, our client, Mr Leslie Gow was involved in a workplace accident during the course of his employment as a metal caster. Our client’s role required him to cast aluminium into large blocks so the material could be sent out of the plant for delivery.

Who is the witness to the firing of an employee?

This witness is often the Human Resources staff person. The HR person has more experience than the average manager, in firing employees, so can also help keep the discussion on track and moving to completion.

What happens when an employee misses eleven days of work?

But, none of your feelings matter when the employee is not performing his job . In a technology company, an employee attended her termination meeting. In the month prior to her termination, the employee had missed eleven days of work.