The company operates about 1,500 convenience stores. A sales assistant at one of the company's stores was murdered while on duty on the second shift. The murder was widely publicized, and employees complained of inadequate security measures. As a result of the murder, 15 sales assistants telephoned the union requesting a union organization effort. The union sent representatives to 60 stores in the area where the murder had occurred and left union authorization cards. Two days later the company notified the union that an injunction had been issued during a prior union campaign prohibiting solicitation on company property. [Hint: Keep in mind that there is no date given when this injunction was filed and whether was still valid.]

The next workday, the company had a meeting with the store managers in the area and talked about the need to improve security. The company officials also discussed the union's organization activities and reminded the managers of the "no solicitation" policy and stated that a union would not necessarily do the employees any good. Later that week, the company had an unprecedented meeting for all sales assistants. Approximately 1,200 sales assistants attended and were paid for their time. The company officials told the employees that they did not need a union and that the employees from the union could retrieve their authorization cards. The employees were asked to voice their complaints.Thus, the employees listed the following:

• getting less than 40 hours work per week;
• not having breaks;
• not being paid for overtime work;
• working alone at night; and
• poor lighting at the stores.

The next day the company sent a memo to all regional personnel directing that sales assistants should work a 40-hour workweek; canopy lights were installed at all the stores; a policy was adopted that no one would be required to be alone at work at night; and sales assistants began receiving wages for after-hours overtime work. The company posted "no solicitation" signs in all stores and directed that those signs be enforced; if the employees did not enforce the signs, they would lose their jobs. Later that month the company held further meetings with sales assistants, who again were paid for their time. They asked to select committee representatives to meet with management to discuss their complaints. Management officials left the room while the employees selected their representatives. The company made a list of the ten most frequently mentioned items from the employees' recommended subjects for the committee to discuss.

Meanwhile, the union filed a representation petition with the NLRB seeking an election in a unit of all College Park, MD sales assistants. The company president told the managers to tell the sales assistants that if they joined the union, the company would close those stores. The first meeting of the Employee Management Committee was held and the ten priority items were listed, granting employees a new vacation policy, improved health-care benefits, sick days, change in holiday hours for pay, recognition of seniority ranks, and improved security systems. Not long after that, the company sent an additional memo around announcing other improvements in life, major medical, and accident insurance plans, in addition to death and family benefits and a revised disciplinary appeal system. [Hint: One has to wonder if this is a last-minute effort by Management, or an early Christmas gift for employees - but now is your time to consider the possibilities.]

INSTRUCTIONS:The union wants to file a complaint with the NLRB. introduction discussing the NLRA, the definition of an unfair labor practice (ULP), and where in the NLRA the employer ULPs are found. Then, complete the chart to show what ULP claim(s) the union will make and what the company's defense to EACH ULP might be. (The defense is what the company will say to argue against the union's claim. You must cite a company argument even if it's weak. The company is not going to just let the union win, right?) Please put your responses in the chart and NOT in an essay.. Please make sure that you follow all directions.

* The examples in row 1 of the chart use a UNION ULP. This is merely to show you how to complete the chart. When you, however, fill in the chart, remember you are citing EMPLOYER ULPs, which are not found in Section 8(b) of the NLRA. You must cite SPECIFICALLY where the employer ULP you are referring to is found.

NLRA Section Citation. (ex. Section 8(b)(1)(A)	Unfair labor practice claim(s). (ex. Coercion of employees by the union)	What Facts Support the ULP (ex. The union rep. threatened employees who refused to pay dues to the union)	Company's Defense/Argument Against the Union's Claim) (ex. The employee is mistaken; the alleged threat was misinterpreted. Information about dues was given and it was explained to be voluntary; information is not a threat).
	(Add as many rows as needed)

Answer rating: 100% (QA)

NLRA Section Citation Unfair labor practice claims What Facts Support the ULP Companys DefenseArgument Against the Unions Claim Section 8a1 Interferin... View the full answer