34–7. Labor Unions. Carol Garcia and Pedro Salgado were bus drivers for Latino E

Question

34–7. Labor Unions. Carol Garcia and Pedro Salgado were bus drivers for Latino Express, Inc., a transportation company. Garcia and Salgado began soliciting signatures from other drivers to certify the Teamsters Local Union No. 777 as the official representative of the employees. Latino Express fired Garcia and Salgado. The two drivers filed a claim with the National Labor Relations Board (NLRB), alleging that the employer had committed an unfair labor practice. Which employer practice defined by the National Labor Relations Act did the plaintiffs most likely charge Latino Express with committing? Is the employer’s discharge of Garcia and Salgado likely to be construed as a legitimate act in opposition to union solicitation? If a violation is found, what can the NLRB do? Discuss. [Ohr v. Latino Express, Inc., 776 F.3d 469 (7th Cir. 2015)] (See Labor Unions.)

Explanation / Answer

Unions are formed for the betterment of the employees who would represent employees and sees to that no employees is exploited inside the factory premises.

Now the plaintiffs can charge the company for discharging Garcia and Salgao without any grounds or proofs. This will put the Latino into a defensive mode for justifying their decision made for these two drivers. While there is no official application, evidence or documents that proves that two employees were involved in union solicitation. Thus it will not be correct decision for the employer to discharge the Garcia and Salgao as a legitimate act in opposition to union solicitation.

Now if a violation is found by NLRB, they can take the strict action against the company, pulling out all the previos records for the company to check on such kind of incidents.

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