A Report on Unfair Labor Practices: Case Analysis and Solutions

This report delves into the realm of unfair labor practices, examining scenarios involving employee rights, trade unions, and employer responsibilities. The report begins by highlighting the potential for conflicts in the workplace due to the nature of employment contracts and the exercise of employer discretion. It then outlines a structured approach to resolving disputes, starting with out-of-court settlements and progressing to labor court proceedings if necessary. The report emphasizes the importance of determining the status of claimants, whether they are employees or prospective employees, and their relationship with trade unions. It analyzes a case where both the company and the union are at fault for not respecting employee rights regarding union membership and prospective employee hiring. The report concludes by identifying potential defenses for the company, focusing on the actions of the employees and the union, and emphasizes the importance of adhering to the Employment Act. It highlights the importance of employee involvement in negotiations and the legal implications of not employing prospective employees, ultimately suggesting that both the company and the union are likely to be held liable for their actions.

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The workplace is prone to conflicts and disagreements between parties in an employee –
employer relationship. The employment contract is not conclusive is containing all the rights and
responsibilities of both parties and therefore, employees are not certain and this creates conflicts
and disagreements resulting from the employer exercising discretion in the employment
relationship. Disputes are likely to arise and defending such disputes requires a well thought out
strategy and procedure.
The first and initial step would be to reach out the employees and the union officials in
order to resolve the matter amicably through an out of court settlement. An out of court
settlement would involve all the parties involved in the dispute coming together through a
conciliatory process. In the conciliation proceedings, a neutral party acceptable to all the parties
involved in the dispute would be agreed upon who will attempt to solve the matter amicably in
the circumstances. Where the parties do not solve the matter at this stage, then an attempt can be
made at the Labour court to determine the matter conclusively (Weiler, 2009, p. 23).
The other step is to establish whether the claimants are employees or prospective
employees of the company. This can be established by examining the contracts of employment
of the employees that they signed at the time of recruitment and selection. It is important to
establish the status of a claimant, whether employee or not so as to avoid defending a claim that
is frivolous. A prospective employee is a person who has gone through the stages of selection
and recruitment with a company and is in the last stage of placement. After establishing the
status of the claimants, the next action will be to establish their relation with the union, whether
they are union sable members or prospective members of the union.
The company will then respond to the unfair labour practice charge against it. The
response is done by filing a defense stating the company’s position in the dispute and a

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justification that the action complied with the provisions of Employment Act. Though it is
advisable for employees to register and join a trade union, the employees should only join
voluntarily and with their informed consent. The employees have a valid claim since they were
not consulted if they wanted to voluntarily join the union or were members of a different trade
union (Cihon & Castagnera, 2017, p. 17). Employees have a right to join a trade union of their
choice which was infringed upon in this scenario.
The defenses that can be advanced by the company are that the employees were in breach
of the agreement between the company and the union in which the employees are the direct
beneficiaries and that the action the employees ignored to follow the internal mechanisms for
resolving disputes of this nature.
The employer should have involved employees in the negotiations with the union. Since
the company is an employer according to sections 2(2), (6) and (7) of the Act, the action of not
employing the prospective employees was not lawful. The union was at fault in requesting the
company not to employ the three prospective employees. In this scenario, both the company and
the union are at fault and are likely to be found liable.

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References
Weiler, P. C. (2009) Governing the workplace: The future of labor and employment law Harvard
University Press
Cihon, P. J., & Castagnera, J. O. (2017) Employment and labor law (9th ed.). Boston, MA:
Cengage Learning