Author Question: Based on the facts, could the disciplined employee have brought a successful Section 8(a)(3) charge ... (Read 42 times)

cmoore54 · **on:** Jun 24, 2018

Based on the facts, could the disciplined employee have brought a successful Section 8(a)(3) charge against the employer?

Question 2

Raul has finished the computer installation he promised to perform for Tanya, and she has paid him in full. This is
a. An express contract.
b. An implied contract.
c. An executed contract.
d. A bilateral contract.
e. No contract.

kiamars2010 · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

No. There is no information in the facts that this employee was disciplined for his union activity. Indeed most disciplinary actions do not involve arguable cases of Section 8(a)(3) unfair labor practices, and employee and union challenges to the discipline must come under the contractual process of the collective bargaining agreement rather than the statutory unfair labor practice procedure. Further, under the Board's 1984 United Technologies decision, a Section 8(a)(3) charge would be heard by the arbitrator, not the Board, subject to limited review by the Board under the Spielberg-Olin standards.

Answer to Question 2

.C