Describe 3 ways in which employment and labor laws limit an employer’s decision to discipline or discharge its employees
The National Labor Relations Act requires that if an employer has grievances against an employee, the alleged violation must be forwarded to the office of general counsel to investigate the allegations.
The office of general counsel is an independent state office which ensures the matter is handled impartially and both sides are given a fair hearing. This protects the employee against arbitrary and unfair employer action. If the allegations are unsubstantiated, the matter is referred to an internal appeal panel to resolve.
It the allegations are substantiated then a complaint is issued, and the office of general counsel files the case with the Administrative law court. The office of the general counsel persecutes in the court proceedings, and the judge makes a ruling on the matter.
The employee can appeal the decision of the Administrative law court at the Circuit court. The Circuit court will hear the matter and make a ruling. If the employee is not satisfied with the court decision, they can appeal to the Supreme Court.
Question2
How does the National Labor Relations Act protect an employee’s choice of whether to be represented by a labor union?
The National Labor Relations Act (NLRA) gives an employee the right to join or form a labor union. A labor union helps in collective bargaining over hours, wages, and other working conditions. According to the law, the National Labor Relations Board (NLRB) should conduct an election through a secret ballot election when a worker, an employer or a union files a petition requesting one.
Under the law, workers or a union can request an election where at least a third of the members have signed authorization cards. In this case, the NLRA will not require the union elections to be conducted through a secret ballot. The NLRA can set aside a vote if there was misrepresentation artfully and pervasive deception because of its interferences with the employees right of free choice.
An employer can voluntarily recognize a union if most of the workers have signed authorization cards. Once the employer recognizes the union or it is certified, the NLRA may not require the employer and union to arrive at an initial contract agreement.
According to the law, an employer should not offer benefits to employees during an organizing drive for a union election. This kind of action is deemed to be coercive, beyond the norm, intent to influence voters, and an attempt to prevent a union.