1. On page 457, Of the 3 most common violations by the employer and by
the union, pick one tell us more about the topic.
Employer: One of the common violations by an employer is failing to observe an
employee’s Weingarten rights. When an employee is summoned for a meeting with
management that they believe will involve discipline, they are entitled by law to
union representation in the room with them if requested. The Supreme Court
adopted this rule because it is the NLRA’s purpose to eliminate the imbalance of
power between the employer and employee which is present in situations like this. If
the employer denies the worker this right, it can result in reinstatement, back-pay, or
removal of disciplinary records. If the employer ignores this rule, that imbalance of
power can make an appearance in the disciplinary meeting. This violation is
common, but unacceptable.
Union: One of the common violations by a union is relying on heresay evidence in
their position. If they do not carefully screen their evidence and its precedents, their
challenge of the “just cause” discharge is badly supported. When citing prior
arbitration awards in their position, they need to make sure there is solid evidence
that this supports their position. I think it’s easy to get over confident in one’s
position, and to not check evidence with the proper level of concern.
