Has an unfair labor practice been committed? Explain-Will the Local 705 succeed? Explain. Original Answers Only

ASSIGNMENT

1.Samsoc brought an action against the Sailors’ Union alleging that the Union had induced and encouraged employees of Moore Dry Dock Company to engage in a strike or concerted refusal in the course of their employment to perform services for Moore in connection with the conversion into a bulk gypsum carrier of the SS Pho-pho, a vessel owned by Samsoc. The object was to force Moore to cease doing business with Samsoc and thus force Samsoc to resolve its dispute with the respondent. Has an unfair labor practice been committed? Explain.

2. The defendant, Berger Transfer and Storage, operated a national moving and transfer business employing approximately forty persons. In May and June, Local 705 of the International Brotherhood of Teamsters spoke with a number of Berger employees, obtaining twenty-eight cards signed in support of the union. The management of Berger, unwilling to work with the union, attempted to prevent it from representing Berger employees. The company first assigned all work to those with high seniority, in effect temporarily laying off low-seniority employees. The management then threatened to lay off permanently those with low seniority and threatened all employees with a total shutdown of the plant. The management interrogated several employees about their union involvement and attempted to extract information about other employees’ activities. When the union presented the company the signed cards and recognition agreement, Berger refused to acknowledge the union’s existence or its right to bargain on behalf of the employees. The union then called a strike, with employees picketing the Berger warehouse. During the picketing, the company threatened to terminate the picketers if they did not return to work. Later, one manager on two occasions recklessly drove a truck through the picket line, striking employees. Finally, the company contacted several of the employees and offered them the “grievance procedures and job security” the union would provide. The employees refused the offer. On June 15, the strike ended, with most of the picketers returning to work. Local 705 filed a complaint with the National Labor Relations Board, alleging that Berger had committed unfair labor practices in violation of the National Labor Relations Act. Will the Local 705 succeed? Explain.

3. The City of Richmond, Virginia, adopted a Minority Business Utilization Plan requiring prime contractors awarded city construction contracts to subcontract at least 30 percent of the dollar amount of each contract to one or more Minority Business Enterprises (MBEs). The Plan defined an MBE to include a business from anywhere in the country that is at least 51 percent owned and controlled by African American, Spanish-speaking, Asian, Native American, Eskimo, or Aleut citizens. Although the Plan declared that it was “remedial” in nature, it was adopted after a public hearing at which no direct evidence was presented that the City had discriminated on the basis of race in granting contracts or that its prime contractors had discriminated against minority subcontractors. The evidence introduced in support of the Plan included a statistical study indicating that although the City’s population was 50 percent African American, less than 1 percent of its prime construction contracts had been awarded to minority businesses in recent years. Additional evidence showed that a variety of local contractors’ trade associations had virtually no MBE members. J. A. Crosen Co., the sole bidder on a city contract, was denied a waiver and lost its contract because of the Plan. Discuss the legality of the plan.

4. Burdine, a female, was hired by the Texas Department of Community Affairs as a clerk in the Public Service Careers (PSC) Division. The PSC provides training and employment opportunities for unskilled workers. At the time she was hired, Burdine already had several years’ experience in employment training. She was soon promoted, and later, when her supervisor resigned, she performed additional duties that usually had been assigned to the supervisor. Burdine applied for the position of supervisor, but the position remained unfilled for six months until a male employee from another division was brought in to fill it. Burdine alleges discrimination violating Title VII of the 1964 Civil Rights Act. The defendant, Texas Department of Community Affairs, responds that nondiscriminatory evaluation criteria were used to choose the new supervisor. To comply with Title VII, must the Texas Department of Community Affairs hire Burdine as supervisor if she and the male candidate are equally qualified? Explain.

5. Wise was fired from her job at the Mead Corporation after she was involved in a fight with a coworker. On four other unrelated occasions, fights occurred between male co-workers. Only one of the males was fired, but this was after his second fight, in which he seriously injured another employee. There is no dispute that Wise was qualified and performed her duties adequately. Wise successfully establishes a prima facie case of discrimination; however, defendant Mead Corporation meets its burden to “articulate legitimate and nondiscriminatory reasons” for firing Wise. Can she prevail? Explain