The issue at hand is an attempt by The United Food and Commercial Workers Union to organize and unionize World Tea & Coffee, Inc. The management of World Tea & Coffee prohibits the unionization of its employees hence the attempt by the union to organize its employees was not taken kindly. The employees shied away from engaging with the union for obvious reasons such as job security and attracting disciplinary action. The union was relentless in soliciting unionization by placing handbills on the company’s parking lot. The union filed a case against the management of World Tea & Coffee, with the National Labor Relations Board (NLRB).
Section 7 of the National Labor Relations Act guarantees employees’ rights to join and form unions. They also have a right to collective bargaining with their interests being represented by persons of their choosing. Employees may also choose not to unionize. Section 8(b)(1)(A) of the NLRA protects employees against coercion to unionize.
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The actions of the union amount to coercion which is an infringement of Section 8(b)(1)(A). After failing to attract members to unionize through the newspaper advertisement, the union went ahead to place handbills on employee cars windshields and in the company parking lot. Employees should unionize freely at their own will rather than have unions force them to engage in union activities. Although the company prohibits unionization, employees have safeguards against the employer provided in the NLRA if they wanted to unionize.
The NLRB ought to rule in favor of the employer because the union’s actions amount to trespass and coercion. Going to World Tea & Coffee place of business to solicit members is an infringement of the NLRA act because employees failed to respond to the first call to unionize. Employees are rational beings that ought to make decisions whether or not to unionize through free will. Their rights to unionize or not to unionize are provided in the NLRA act which protects them against victimization by the employer if they decide to unionize.
- National Labor Relations Board. (n.d.). Coercion of employees Section 8(b)(1)(A). National Labor Relations Board. Retrieved from https://www.nlrb.gov/rights-we-protect/whats-law/unions/coercion-employees-section-8b1a
