...case is about the “duty to bargain in good faith”, unfair labour practices. CAW-Local 127, the applicant, claimed that PC World the responding party, that they engaged in bad faith bargaining, and requested a number of remedies for the alleged breach. PC World denied it had breached the Act, and was seeking the dismissal of these applications. The Boards decision after hearing from both sides: a) is that the January 8, 1997 proposal made by PC World has been extinguished by the passage of time; b) that PC World did violate the obligation to bargain in good faith and to make every reasonable effort to reach a collective agreement; c) that PC World’s proposal of April 18, 1997, appears to have been designed to be rejected by the Union and its members; d) the parties are directed to return to bargaining forthwith to bargain in good faith and to make every reasonable effort that reach a collective agreement. a) PC World was stating that their January 8th proposal was removed off the table, where the Union stated that the offer was still valid and it was never removed. So PC World, due to a lengthy strike, the offer should be considered to have elapsed. In the Board’s decisions after reviewing the evidence decided that PC World never told the Union on January 8th that if a strike commenced that the last offer was off the table. That if the offer had been withdrawn and they did not notify the Union, then the employer had failed to bargain in good faith because both sides never...
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...the workplace. 4 Major Federal Labor Law Statutes 1. Norris-LaGuardia (1932) Outlaws yellow dog contracts (whereby employee agrees that he will not become involved in union activity and acknowledges that employer has the right to fire him if he does), and Limits power of federal courts to issue injunctions in labor disputes (traditionally, employer could easily get injunction, thereby putting an end to planned labor activities—strikes, for example). 2. Wagner (1935) - Outlaws unfair labor practices by employers. Grants employees the right to form, join, assist unions, and to bargain collectively (through union, instead of contracting individually with employer—strength in unity—employer doesn’t need any particular worker, but does need labor). Grants rights to act in concert (together—striking, for example). Imposes upon employer the duty to bargain in good faith. Creates the National Labor Relations Board (NLRB) • Hears unfair labor practice complaints and • Supervises certification and decertification elections. 3. Taft-Hartley (1947) - Outlaws unfair labor practices by unions. Outlaws closed shop (agreement b/t...
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...2) Easier to find a lawyer to take case under tort claims b) Whistle blowing 1) Under statute, must complain to a govm’t official, not just internally c) Affects private employees 1) Public employees can’t be deprived of their jobs without due process and just cause 2. Discharge in violation of public policy a) Employee can have tort action if fired in violation of public policy b) Must be fundamental public policy violated, or policy tethered to a statute c) SOL—one year 3. Implied/Express K a) May sue for breach of K if companies behavior gives implied promise that he can only be fired for good cause b) Needs sufficient facts—this COA is fact sensitive...
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...Chapter 10 Review introduction to contracts A contract is a promise that the law will enforce. Contracts are intended to make business matters more predictable. Analyzing a contract generally involves inquiring into some or all of these issues: 1. What is the subject of the agreement? • If the contract is for the sale of goods, UCC Article 2 governs. • If the contract is for services, employment, or real estate, the common law governs. 2. Did the parties intend to contract? • If the parties formally agreed and stated explicit terms, there is probably an express contract. • If the parties did not formally agree but their conduct, words, or past dealings indicate they intended a binding agreement, there may be an implied contract. 3. If there is an agreement, is there any reason to doubt its enforceability? • An unenforceable agreement is one with a legal defect, such as an oral agreement that the law requires to be in writing. • A voidable contract occurs when one party has committed fraud, giving the other party the right to terminate the agreement, or when one party lacks capacity to make the contract and may escape liability. • A void agreement means that the law will ignore the deal regardless of what the parties want, typically because the purpose of the deal is illegal. 4. If there is no contract, are there other reasons to give the plaintiff damages? • A claim of promissory estoppel requires that the defendant made a promise knowing that...
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...Collective Bargaining What is Collective Bargaining? Collective bargaining consists of negotiations between an employer and a group of employees so as to determine the conditions of employment. The result of collective bargaining procedures is a collective agreement. Employees are often represented in bargaining by a union or other labor organization. By help of collective Bargaining, both employees and employers can negotiate about the specific issues, in terms of notional law, such as: the rules that govern their relationship, wages, hiring practices, layoff, promotions, safety of work, job conditions, working hours, work discipline, benefit programs, and etc. Once both sides have reached a contract that they find agreeable, it is signed and kept in place for a set period of time, most commonly three-five years. The final contract is called a collective bargaining agreement; it represents the fact that it is the result of a collective bargaining effort. When Did Collaborative Bargaining Start? The beginning of collective bargaining goes back in the late nineteenth century, when workers began to stimulate for more rights in their workplaces. Many skilled markets had begun using their skills as bargaining tools to force their employers to accept their workplace needs. Other workers relied on sheer numbers, creating general strikes to protest not suitable working conditions. Several labor pioneers started to establish a collective bargaining system so that labor negotiations...
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...Answer to the question no-1(a). To know whether the combination of “whole of agreement clause” and “parole evidence rule” exclude the word-of-mouth bargain or not we have to know about these two particulars first. Whole of agreement clauses: Whole of agreement clauses often appear in contracts that are the subject of disputes. The clause’s exact terms & other proof may be critical to the court’s determination of its effect. Whole of agreement clauses state that the document as executed by the parties constitutes their “intact agreement”. It is general for business contracts consist of Entire Agreement Clauses (EAC) as part of the usual boilerplate clauses. Depending on the positions being adopted in a difference of opinion, parties may seek to enforce them or avoid them. An EAC may, depending on its wording, seek to: 1. confirmation the agreement of the parties that all the express terms are said in a document, thereby excluding other alleged express terms; i) prohibit a term that might otherwise be implied; ii) restrain (perhaps cease) a party from claiming that it was induced to enter the contract by some inaccurate representation of the other party; iii) specify that the parties need to deter courts from resort to "factual context" or "surrounding circumstances" when interpreting the contract; and/or 2. Nullify the effect of any earlier agreements or collateral contracts between the parties. An EAC may seek...
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...Contracts I Outline – go through mind map list the 4 big issues, each para under the issues can include subissues, can say it might not be an issue later ------------------------------------------------- Bern’s Model: TMJM ------------------------------------------------- Tsedeq- righteous moral standard ------------------------------------------------- Misphat- applied even handedly ------------------------------------------------- Jurisdiction- by one authority ------------------------------------------------- cannot force to love ------------------------------------------------- civil government has jurisdiction over evil-doer ------------------------------------------------- can use Israel example ------------------------------------------------- Meshar- producing evenness in outcomes in like cases ------------------------------------------------- "Together the three express the thought of the evenhanded and impartial application (mishpat) of a righteous moral standard (tseden) producing an evenness or equality (meshar) in outcomes in like cases." ------------------------------------------------- God has jurisdiction over all as creator. ------------------------------------------------- Man is made in the image of God and can contract based on language and promise ability. ------------------------------------------------- A person has reason to expect that a person made in the image of God should keep his promises. I. Bases for Enforcing Promises-Theories...
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...5-4: In general what is a union “local”. What are the role and functions of union locals? How are they structured and governed? A local union can either be independent or it can be affiliated with and subject to the authority of a provincial, national, or international (US based) parent union. The local level is the union, while in the latter, it serves as the basic unit of the union. Union locals are typically established on the basis of geographical proximity. Locals typically represent eligible workers at a single location, though in the case of so-called amalgamated locals where two locals have joined together, they may represent workers at a number of locations within a geographical area. (Public sector locals can cover all employees in a municipal region or even a province) Role of union locals: 1. contract administration: it is generally the local that represents workers on a day-to-day basis and it is at the local level that most union members have the greatest opportunity for participation in union affairs. 2. Negotiation: members have the right to take part in local meetings and to vote on local level issues. Local unions represent their members in collective bargaining either through the actual conduct of negotiations or through some form of representation on the union bargaining committee. 3. Consultation with management: 4. Worker compensation: worker comp claims 5. local politics ( primary day-to-day role of the local unions is ensuring that the...
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...QUESTION ONE (1) Jones may have claims against the enforceability of his contract with the Suburban Engineering Company (SEC) in regards to consideration and unconscionability of the non-compete clause. Once those issues have been settled, the court will also need to determine if SEC breached its duty of “good faith”. A. Enforceability Issues I. Consideration Jones’ first claim against SEC is that the non-compete clause lacked consideration. Although courts often question the enforceability of such a clause, Jones’ claim will probably not be accepted by the court. The idea of consideration falls within the Justification Principle. This requires that there be no reason not to enforce the promise. Regarding non-compete clauses, there are competing views as to their enforceability. The main question is whether consideration is given. Is subsequent employment sufficient or must there be an independent consideration as to treat the non-compete clause as a separate promise? In order for a contract’s consideration to be sufficient, there must be a detriment to the promisee or a benefit to the promisor. Some courts hold that these clauses fall within the bargained-for exchange of the contract and will constitute just one component of an employee’s promise in exchange for the bargained-for contract from the employer (assuming no bargaining disparity exists). Judge Moyer reasoned that, “the employee’s assent to the agreement is given in exchange for forbearance on the part of the...
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...MOMS V SCHROEDER On what contractual grounds could they sue Schroeder? Peppermint Patty? Moms could sue Schroeder on the contractual grounds of personal performance since there is no bargain to switch the “benefits as those promised in the covenant” (Clarkson, Miller & Ross, 2015). Thus, Moms can sue Peppermint Patty on the contractual grounds of breached responsibilities as their special trust has been placed in Peppermint Patty or they depended on the personal skills or talents of Schroeder (Clarkson, Miller & Ross, 2015). Will they prevail? Absolutely, Peppermint Patty’s “performance will vary materially from that expected under the contract, and contractual duties cannot be delegated; as a result, effective delegation of obligations...
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...Obligation The Promise Principle and its Rivals A. Grounds for Enforcing Promises 1. FORMALITY Creation of a contract (§17): The formation of a contract requires a bargain in which there is a manifestation of mutual assent (offer and acceptance) to the exchange and consideration. a. When charitable promises are made without consideration or reliance there must be formality (evidence that the parties intended to be legally bound). (Deleo) i. Oral vs. Written ii. On death bed vs. more lucid with witnesses 2. BARGAINa. Consideration Elements (§71) i. To constitute consideration, a performance or a return promise must be bargained for. (§ 71(1)) Bargained for: sought by the promisor in exchange for his promise and is given by the promisee in exchange for that promise. (§71(2))(Whitten v. Greeley-Shaw: mistress; husband did not bargain) Performance may consist of: (§71(3)) a) an act other than a promise; b) a forbearance (Hamer v. Sidway: no drinking deal w/ uncle) (Duncan v. Black: empty cotton suit); c) the creation, modification, or destruction of a legal relation ii. Warnings for a lack of bargaining (from Whitten): The party proposing the contract also receives material benefit One party is vulnerable and the other takes advantage of a duress-like situation b. Consideration as Motive (§ 81) i. The fact that what is bargained for does not of itself induce the making of a promise does not prevent it from being consideration for the promise. A offers B a book for a promise...
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...working times/hours No restrictions on 18+ o Wages/hours Minimum wage Overtime- work over 40 hrs/week- paid 1.5x regular pay for all hours over o Overtime exceptions- executive, administrative, professional employees; outside salespersons; computer programmers ** primary duty is management Exceptions do not apply to : police, firefighters, nurses, public-safety workers, white-collar earning > $100,000/yr, computer programmers, dental hygienists, insurance adjusters • LABOR UNIONS o National Labor Relations Act- right of employees to engage in collective bargaining and to strike Employer practices unfair to labor: • Interference with employee efforts to form, join, assist labor org • Employer’s domination of labor org • Discrimination in the hiring/awarding based on union affiliation • Discrimination against employees for filing charages under act • Refusal to bargain collectively National Labor Relations Board- authority to investigate employee’ charges of unfair labor practices and to file complaints against employers • Cease-and-desist orders- orders compelling employers to stop engaging in unfair practices Employers/unions have duty to bargain in good faith...
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...likely to be an important determinant of negotiated outcomes when the parties use a distributive bargaining approach or strategy. 7. Auto industry contract negotiations in 2007 represent an example of pattern bargaining. 8. Generally, high unemployment reduces the union's cost of disagreeing with management. 9. Smaller-sized (less than 10 individuals) bargaining teams are generally preferable to larger bargaining teams to enhance bargaining effectiveness. 10. "Voluntary" (also called permissive or non-mandatory) issues must be bargained over but agreement does not have to be reached. 11. Any failure to reach an agreement on contract language concerning a mandatory bargaining subject represents a violation of the duty to bargain in good faith. 12. Unions do not place upper limits on their bargaining ranges because they maintain, "nothing ventured,...
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...likely to be an important determinant of negotiated outcomes when the parties use a distributive bargaining approach or strategy. 7. Auto industry contract negotiations in 2007 represent an example of pattern bargaining. 8. Generally, high unemployment reduces the union's cost of disagreeing with management. 9. Smaller-sized (less than 10 individuals) bargaining teams are generally preferable to larger bargaining teams to enhance bargaining effectiveness. 10. "Voluntary" (also called permissive or non-mandatory) issues must be bargained over but agreement does not have to be reached. 11. Any failure to reach an agreement on contract language concerning a mandatory bargaining subject represents a violation of the duty to bargain in good faith. 12. Unions do not place upper limits on their bargaining ranges because they maintain, "nothing ventured,...
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...Issues Based on the case scenario, Doris, Betty, and Charlie formed a company called Bechdo Pty Ltd. The three members are the directors and Betty who is major shareholder holds 40% followed by Charlie and Doris who hold 20% each while the 20% is held by the rest. Based on the company constitution, a managing director has capacity to enter into a contract o behalf of the company up to a maximum of $100,000. Moreover, he/she can enter into contracts to the value of $900,000 upon getting consent for the board of directors. In this case, Bechdo Pty Ltd operates without a managing director since none was elected. The major issue is that Betty being the majority shareholder went ahead and entered into contract with BB Ltd, Jillo Pty Ltd, and Con Development Ltd. All the contracts made were over USD 100, 000, and the last two were over USD 900,000. Upon realization of the contracts, a meeting was convened and a resolution was made that stated that Betty acted improperly and failed to discuss the contracts with board members. As a result, the three contracts have been labeled as void and ultra vires and Bechdo Pty does not recognize them. The paper seeks to advise, Bechdo Pty Ltd, BB Ltd, Jillo Pty Ltd, and Con Development Ltd in regard to their liabilities and legal rights to the contract. Moreover, advice is given on legal grounds that may be taken by Bechdo Pty Ltd against Betty, Charlie, and Doris. Rules First, a corporation or a limited company is an artificial entity which...
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