Labor Unions Roll and Hold Warehouse, the employer, began circulating a new comp
ID: 432459 • Letter: L
Question
Labor Unions Roll and Hold Warehouse, the employer, began circulating a new company policy relating to employee attendance. The union representing the company’s employees objected to the policy, claiming that it had never been negotiated. The company argued, among other things, that the policy was not material (important) and, therefore, that it did not need to be negotiated. The union charged the company with violating the law by failing to negotiate all terms and conditions of employment and by failing to bargain in good faith. Is the union correct in its position that the attendance policy should have been negotiated and that the company failed to bargain in good faith? [NLRB et al. v. Roll and Hold Warehouse and Distribution Corporation, 162 F.3d 513 (California)]
Principle of law _________________
decison__________________________
Explanation / Answer
The principle of law here is National Labor Relations Act that dictates that the union and the management should collectively negotiate terms such as compensation, working hours, leave policy and other terms and conditions of the employment. However the court wanted to determine if there was a duty to negotiate and if it was neglected. In addition to this the court also wanted to determine if there has been a waiver by the use of Faci Accompli.
The labor union was granted favor by the court and charged Roll and Hold Warehouse with the order to in failing to negotiate terms of employement.
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