Potential Violations Of Management example essay topic

Norma Rae a Labor Analysis This film is based on the real life story of Crystal Lee Sutton and her involvement with Ruben Warshovsky and the organization of the textile workers at the J.P. Stevens Company in Roanoke Rapids, North Carolina (Labor Films). Sally Field plays the lead role of Norma Rae (Crystal Lee Sutton) fighting poor working conditions at O.P. Henley Company in 1978. This company is a southern textile mill, working with a union organizer to overcome pressure from management, implied dangers, and the struggle to organize her fellow employees. Although, the film is very entertaining, there are many examples of labor and management interactions including unfair labor practices by management, unfair labor practices by the union, and the procedural process of unionization process. Norma Rae a loom operator in the weaving room is an outspoken individual and is very out spoken about her poor working conditions such as excessive noise, long hours with short breaks, physical stress from standing for long periods and abnormally high temperatures in the work areas. Added to all this is management's apathy for the working conditions, as seen when her mother looses her hearing temporarily with little or no sentiment from the company doctor, who knows this is a common problem for the workers.

With this setting, the film progresses through most of the stages for employee organization. While management tries to get the workers support to keep the union out, and labor struggles to get a foothold to develop worker unity and get the union elected as the official bargaining agent both sides violate federal laws or come precariously close. First the Unfair Labor Practices (ULP) of the union will be examined. Barrick - 2 After reviewing the film a rather short list of union ULP's, but they are potentially damaging and could be used by management to contest the outcome of the election if so desired. One committed by labor representative, the other by Norma Rae and are summarized as follows.

During an authorized plant inspection by Ruben Warshovsky, part of the unionization campaign, the union representative would stop and address employees! SS Hello, I am Ruben Warshovsky from the United Textiles Workers Union of America, ! " or some other greeting identifying himself as a union representative while traveling through the plant. Management threatened to get an injunction to disallow any further interference if he did not stop, because it was slowing the work process. He acknowledged their demands and continued with the inspection. This is a potential violation of ULP section 8 b-1 by the union impeding the work process and it could cause management to discriminate against specific employees affecting the membership drive 8 b-2. Towards the end of the film management questioned Norma Rae about her unauthorized use of the phone on company time.

Norma Rae became defensive during the questioning and wanted to take the full name of all management in the office at the time. At this point management told Norma Rae to leave company property, but she refused she was then told that if necessary that the police would be used to remove her. At this she left the office and went into the weaving room and Norma Rae stood on a table holding a makeshift sign with the word! SS UNION! " on it. As the workers looked up and saw her holding the sign they began to shutdown their equipment until the weaving Barrick - 3 room was silent.

At this point, she had already been told to leave company property, her actions were those of a union representative, and the resulting work stoppage is a potential ULP section 8 b-7 violation. Having discussed the potential violations of the ULP laws by the union, next will be the potential violations of management. Shortly after management realized they were the potential target of union organizing activity; Norma Rae was offered a promotion in what could be construed as an attempt to silence or buy her off because her outspoken background. This promotion put her in a position where she had too track other employees activities and may follow-up reports to management. This created a conflict for her in regards to maintaining a good relationship with coworkers and family members, so she gave up the promotion and went back to her old position. This could be construed as management attempting to influence employee's rights to organize and a potential ULP section 8 a-3 violation.

Employer tried to coerce the employees to keep them from attending union meetings with negative comments that they should stay away from the union representative if they knew what was good for them. This was demonstrated several times in the film especially when employees were going to and from work and Ruben was at the gate passing out pamphlets. Another example depicted employees that had obviously been thing about going to the meeting, but only spoke about it to their closest friends and then in whispers while management was not around. This is another example of a potential ULP section 8 a-1 violation. Barrick - 4 The company after realizing that there was union organization in progress increased employee workload while reducing the workweek (called a stretch out).

This is an implied financial threat by management that they controlled the workers, their income and their ability to have a job and their time off from the job. As long as employees showed sympathy to the union that management would make it hard on them. This is another potential violation of the ULP laws section 8 a-1. Norma Rae's next door neighbor was a member of management and on at least one occasion spied who was going to an organizing meeting held at her house. This and suspected phone taps, unusual noises on her home phone while making phone calls, convinced Norma Rae that she was being watched at all times. These are intimidation tactics that are potential violations of the ULP laws section 8 a-2.

The most significant potential violation was when the company posted a letter stating the fact that the black employees would take over if formed and take revenge on the whites. This letter played on the black and white racial tensions that were predominate of southern states during the time. This attempt to split the whites and blacks, immediately prior to the vote, was a last ditch effort by management to break up any cohesion of those trying to establish the union. Norma Rae copied this letter for Ruben, which is what lead up to her being dismissed. This unethical management tactic was the most likely violation of ULP laws section 8 a-1. Having identified and discussed the management and labor ULP's portrayed in the film, I will conclude with the process necessary to establish a union.

Barrick! V 5 This process is divided into several distinct steps and each will be discussed as portrayed in the film". The organizing campaign begins in the film with the arrival of Ruben Warshovsky from New York as a representative of the Textile Workers Union of America. He checked into a room at the local hotel, and setup a campaign headquarters, where he printed pamphlets, and started passing them out to the mill during shift change. This began the drive to develop interest and cultivate that interest into new members". The signing of authorization cards was not a distinctive step portrayed in the film, though it was mentioned several times by Ruben in his attempts to get support.

When Norma Rae visited him to declare her support was the first time it was mentioned, but he asked anyone who showed interest at meetings or other gatherings. During meetings Ruben would explained the benefits of union membership, and then he attempted to get the interested employees to sign authorization cards and involve them in other organizing activities. Before the NLRB can be petitioned for an election the union must obtain authorization cards from a minimum of thirty percent of all eligible employees". Petition of the National Labor Relations Board (NLRB) was not shown in this film, but must be done before an organizing campaign is formerly sanctioned. Barrick! V 6" When the NLRB verifies the authorization cards and the collective bargaining unit they will notify management of the union intentions, set a date for the election, and request an accurate list of all company employees".

The election campaign includes other activities with both sides attempting to influence the employees towards their side of the issue. During this period management and labor both try show why they " re own views are better for the employees. At the same time they often describe the negative sides about the opposition, mostly true. These opinions were not always based upon truth as depicted with management's letter about the blacks dominating the union if one is formed. Labor was not innocent in this either as evidenced when they told employees that! Small management wanted to do was take advantage of them and exploit them.!

" " The vote was depicted to have taken place in one of the hot workrooms with many employees and managers looking on waiting for the results. Counting the ballots of the secret vote was a representative from both management and labor, and being checked by the NLRB representative. When the vote was counted the NLRB announced that the union had won". The film did not properly depict certification of the election results, because in the film the results were announced immediately and the union had won. After the votes are counted either labor or management could file to have the results overturned based on violations of the other party or challenges the vote count due to ineligible voters. Barrick!

V 7 In conclusion there were violations of the Unfair Labor Practice laws committed by both parties during the organization process, which were identified in the film. I have identified two committed by labor representatives, not particularly grievous, but significant enough that ULP' violations could be filed. Based on the violations committed by labor, I do not think there would be any ruling by the NLRB that would affect the election results. If the election had gone the other way I could not say the same for the violations that were committed by management.

The film depicted many aspects of the union organization process including the interactions of all parties involved. The organization process is more detailed than what was shown, but the general ideas of most of the major steps were accurate. Those steps that were not shown were invisible to the film but not the formal organizational process.