Question

Kathy works for “Gloria’s Flower Factory”, a non-union company that creates, prepares and delivers live flower...

Kathy works for “Gloria’s Flower Factory”, a non-union company that creates, prepares and delivers live flower arrangements. Recently, the company changed the formula for the Flower Food which is added to the water of the flower arrangements to improve and prolong the life of the live flower arrangements. Several workers, including Kathy, began to notice a sudden increase in allergies symptoms such as skin irritations, sneezing, coughing, watery eyes and sore throat as a result of working with the new Flower Food formula. Without telling the other workers, Kathy decided to approach management and complain. She was told to stop whining, and get back to work. Instead, Kathy walked out of the job and was promptly fired.

The next day, three other workers make complaints to management similar to the complaint made by Kathy, above. They, too, are told to get back to work. They all return to work for fear of losing their jobs. But later in the day, during their lunch break, the three begin to talk about forming a union. The Company has 100 employees. Fifty work in the warehouse assembling floral arrangements. Twenty-five work as delivery drivers. Twelve work as administrative assistants, and the final thirteen are supervisors.

Describe the process that the workers have to follow to organize the workplace.

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as we can see this case is related to unfair management practice where workplace is not safe for employees as they health conditions are getting worse and management is not doing anything instead firing them.

The process would have following steps-

1. Interested employees seek out a union to learn their rights and gain help in organizing or a union seeks out a group of employees in order to explain their rights to them and explore their interest in organizing

2. The union builds support for organizing among employees and solicitis their signatures on authorization cards

3. Union asks for recognition from employees once 30% employees sign. Petition for NLRB election. If 50% of employees the union can ask the employer for recognition or if this is refused and serious unfair labor practices are committed by the the employer, union can ask NLRB for certification. If employer does not voluntarily recognize union, either party petition for election.

4. NLRB investigates to determine whether election should be held. NLRB importantly determines bargaining unit.

5. If conditions met it order one to be held.

6. Once election date is set, both sides campaign. Restrictions apply to both management and union.

7. Representatives of NLRB conduct a secret ballot amongst electorate employees. If more than two choices on ballot and no option receives a majority vote, runoff between two choices.

8. If union wins, after objections, NLRB certifies the union as exclusive bargaining agent. Employer has obligation to begin negotiating first contract. If employer wins, no election for another 12 months.

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