; Case _1 Improper Interference with Union's Freedom of Speech
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Case _1 Improper Interference with Union's Freedom of Speech

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									                        Case Analysis
FACTS –           Identify the essential facts that give rise to the dispute.
                  Caveat: assuming facts not stated

ISSUE(s) –        The question to be decided. May be broad or narrow.

RULE [of Law] –   The applicable LMRA or negotiated contract language

APPLICATION –     Apply the appropriate rule(s) or law or contract language to
                  the specific facts of the case.

CONCLUSION –      Opinion of outcome (determination of issue(s)) based on
                  application of law to facts. State with reason your agreement or
                  disagreement with the judge/board/arbitrator’s ruling.

MANAGEMENT –      What management lessons can be learned from this case?
                  What managerial practices could be implemented to prevent
                  similar cases from occurring?
                         Case #1
  Improper Interference with Union’s Freedom of Speech

FACTS
• Employer operated the retail mall
• Union business agents were distributing handbills
  in the mall
• Security asked union agents to cease activities
  and to vacate the premisies
• Union business agents were arrested for
  tresspass
• Solicitation by charitable, civic, and other reasons
  had been permitted in the mall
                          Case #1
   Improper Interference with Union’s Freedom of Speech

Issue
• Was this an act of discrimination?

Rule of Law
• LMRA Section 8(a)(1)
                          Case #1
   Improper Interference with Union’s Freedom of Speech

Application
• The mall management interfered with the
  union agents rights to collectively engage in
  union business for mutual aid and protection.

Conclusion
• The NLRB ruled in favor of the union.
                          Case #1
   Improper Interference with Union’s Freedom of Speech

Managerial Implications
• Know the law.
• Treat union’s no different from other
  solicitor’s if you own a mall.

								
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