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Can you please review the attachments below, the case study, Analysis and the Rule of law and help me with a 300 world conclusion ?Include justification for your responses by citing applicable laws and/or legal cases in your analysis (If any were used)
case_study_of_world_tea.docx

analysis.doc

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rule_of_law_portion.docx

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In the case study of World Tea & Coffee Inc. and The United Food and Commercials Workers
Union AFL-CIO (Union) their members were distributing information to non-union employees
without employer’s consent. According to the National Labor Relations Board (NLRB),
employers are not allowed to prevent someone from distributing union literature during nonwork time, in non- work areas, such as parking lots or break rooms, except in unusual
conditions. World Tea & Coffee Inc. made may attempts to talk to the union and tell them not to solicit
because they do not have permission to do that and they are disturbing the employees and their place
of business. Although employer can’t stop the employees from listening to union and deciding on their
own in this case seams like employer is making the decision for the employees. In the case of
Lechmere, Inc. v. NLRB, 112 S.Ct. 841 (1992), According to “Kauff McGuire & Margolis LLP.”
(2017), ” On January 27, 1992, the U.S. Supreme Court ruled that an employer may bar nonemployee union organizers from distributing leaflets on private property. There are many
other ways to communicate information to employees and the best way to do it is get
permission from the employer. Anytime you enter a commercial or resident areas where you
want to solicit you must have their permission to do so otherwise an employer and a resident
always has the right to file a case against the solicitor.
Reference
https://supreme.justia.com/cases/federal/us/502/527/case.html
Union Organizing Case Study
MGT/434 Version 8
University of Phoenix Material
Union Organizing Case Study
World Tea & Coffee, Inc. (World Tea & Coffee), owned and operated a retail store in the Westtown
Shopping Plaza in Westtown, New York. Eleven other stores were located between the World Tea &
Coffee store and the parking lot, which was owned by World Tea & Coffee, Inc.
The property in question is owned by the employer World Tea& Coffee, Inc. Although they have other
business that occupy this shopping plaza and patrons for all business utilized this parking lot World Tea &
Coffee does have the right to prohibit leafleting.
The United Food and Commercial Workers Union, AFL-CIO (Union), attempted to organize World Tea &
Coffee’s 230 employees, all who were non-union. When a full-page advertisement in the local newspaper
failed to attract the employees to unionize, nonemployee union organizers entered World Tea & Coffee’s
parking lot and began putting handbills on car windshields parked in the employee parking lot area.
The Union is making an attempt to unionize a group of employees but they have been unsuccessful in
getting a response from the employees. The unions advertisement did not get a response from the
employees.
World Tea & Coffee’s manager informed the union organizers that World Tea & Coffee prohibited their
unionizing efforts of solicitation and placing handbills of any kind on the property and directed them to get
off the property. After they left, World Tea & Coffee personnel removed the handbills. Union organizers
repeated their handbill efforts in the parking lot on several following occasions. On each event,
nonemployee union organizers were directed to get off the property, and the handbills were collected and
removed.
As the owners of the parking lot property World Tea & Coffee prohibited the labor union from leafleting on
their property. The union made several attempts to leaflet and each time they were asked to leave the
property. The employer was wrong for telling the union that they prohibited their efforts to solicit their
employees.
The union filed a grievance with the National Labor Relations Board (NLRB). What should the result be in
this case? Should the NLRB rule in favor of the union or in favor of the employer?
Based on the facts presented in the in this case study the company is within their rights prohibit soliciting
by the union. The manage should not have made the statement that the company prohibited their
unionizing efforts of solicitation. The case should be accepted by the NLRB. The employer would have to
prove that soliciting is prohibited for everyone not just the union. The employer would have to prove that
their property had signage stating “No Soliciting” on the property.
The NLRB should rule in the favor of the employer because it is apparent since the personnel not the
managers removed the handbills from the property.
Copyright © 2017 by University of Phoenix. All rights reserved.
1
Rule of Law
Rule of law is the principle or idea that everyone including people, businesses and all entities are
accountable to laws fairly and consistently whether it is applied or enforced. Dictionary.com
(2018) calls it “the principle of government by law.” In the case study of World Tea & Coffee
Inc. and The United Food and Commercials Workers Union AFL-CIO (Union), the National
Labor Relations Board (NLRB) is “empowered to issue remedial orders, enforceable in the
courts, to prevent commission of unfair labor practices” per Bennett-Alexander & Hartman
(2015). In looking at this case the court will look how the law is interpreted, and did World Tea
& Coffee Inc acted within their legal rights. Section 8 of the National Labor Relations Act, find
it an unfair labor practice to interfere, whether it is by restrain or coercion, with employees acting
within their rights among all unfair practices (Bennett-Alexander & Hartman, 2015). World Tea
& Coffee Inc. prevented non-employees from distributing soliciting materials about The United
Food and Commercials Workers Union AFL-CIO (Union) to employees of the business at their
property. Under the act, employers cannot prevent an employee from distributing the material to
coworkers on property. Employers cannot prevent employees from receiving the material. Using
the principle of Rule of Law, the court will decide if the law applies to this case fairly. They will
look at other cases, and define who was affected, who caused it and was the law applicable to
both parties.
Reference
Bennett-Alexander, D., & Hartman, L. (2015). Employment Law for Business (8th ed.). New
York, NY: McGraw-Hill Education.
Dictionary.com (2018) Rule of Law. Retrieved from: http://www.dictionary.com/browse/rule-oflaw

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