(1) Explain the legal status of each of the following three situations:
(a) A union has a clause in its contract prohibiting the subcontracting of all bargaining unit work;
(b) It has a clause saying that any subcontracting must be with employers who pay substantially equivalent compensation (wages, benefits, etc.)
as contained in the union contract;
(c) It has a clause saying that any subcontracting can only go to union companies (this is not a union in the construction industry).
What is the reasoning for any differences in the treatment of the above 3 situations? Do you find this reasoning persuasive?
(2) A union has just gone on strike against the General Widgets Company. The company has been operating with strikebreakers. It sells its widgets through a store located on a major street. What may the union legally do at (or just outside the property of) the store? List what would be legal, and what illegal.
(3) State the overall line of thinking that governs the NLRB and the courts concerning a union’s relationship with secondary entities that are connected with its primary employer. (In other words, give a short one-paragraph statement of the general philosophy being followed.) Then evaluate: is it a good approach, or not? Why or why not?
Please do it as discussion format & answer the question as professor wants one by one. Also, use as reference Understanding Labor Law
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