Critical Legal Thinking:Lechmere,Inc v. National Labor Relations Board

Critical Legal Thinking
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Briefing Paper 1: Critical Legal Thinking- Lechmere, Inc. v. National Labor Relations Board –
The conflict between balancing property rights and allowing union access rights or employees to organize influences the employers’ decisions in the workplace. The employers cannot prevent the employees form organizing depending unless under specific circumstances like when there are no other avenues for communication. However the rights extend to employees and not the non employees. Other instances may include cases where failure to restrict organized labor action might cause indiscipline or reduce production significantly.
It is ethical for employees to restrict labor union action if this interferes with the normal working in the workplace, but this should not be done for without reasonable grounds. Unions have the rights to organize their members and it is ethical to exercise their rights but should not engage violent strikes including strike-down, violent and wildcat strikes.
The implication of the Lechmere, Inc. v. National Labor Relations Board case is that property owners have the right to restrict the actions of non employees engaging directly or indirectly in labor actions. This affirmed the rights of employers and property owners who have the final word on whether to allow nonemployee union organizers in the workplace and premises.
Briefing Paper 2: Law Case with Answers -Marquez v. Screen Actors Guild, Inc
In the case of Marquez v. Screen Actors Guild, Inc, the plaintiff was set to play a role as an actress, but after the realization that she had not paid her union membership fees of $ 500 she failed to get the role. Lakeside Entertainment Production had signed a collective bargaining agreement with the Screen Actors Guild (Cheeseman, 2013).The union security clause negotiated between the employers and the Screen Actors Guild union was found to be legal. Even though, workers should be treated equally, the role of labor unions is protecting the workers’ rights and agreements between the unions and employers are legally binding, and nonunion members may not be given the first priority in some cases.
Briefing Paper 3: Critical Legal Thinking Cases21.7 Ethics (p. 449)- American shipbuilding company v N.L.R.B.
American Shipbuilding Company lodged a case to overturn a ruling that the company engaged in unfair labor practices. The company had fired workers to lock them out of the labor dispute, given that previous attempts had resulted in strikes including illegal strikes, while American feared this scenario would be repeated in the labor dispute during winter (Cheeseman, 2013). American acted ethically, since the actions were based on previous history with the union who interrupted business operations to force negotiations. Additionally, Americans’ actions were legal, but previous the union actions were illegal as the strikes occurred to inflict maximum damage to force the employer to the negotiating table. Unions should not engage in unfair labor practices, while employers should not coerce the employees from joining unions.
20.6 Workers' Compensation - Wilson v. Workers Compensation Appeals Board
Wilson was a memb...