Bargaining Unit Determination and Unfair Labor Practices in Hospitality Sector Unionization
Overview
This assignment analyzes labor law scenarios involving union certification at a hospitality establishment. It examines the appropriate composition of a bargaining unit, distinguishes between employees and independent contractors, determines true employer status in temporary employment relationships, and evaluates whether sufficient support exists for union certification under the Golden Fraction standard.
What this coursework covers
- Scenario 1 - Bargaining Unit Determination: Analysis of whether housekeeping, kitchen, restaurant/bar, and maintenance staff should be included in unionization application
- Employer Identity and Control: Examination of true employer status when multiple businesses are involved, focusing on control and supervision over employees
- Certification Requirements: Assessment of union support levels against the 50 percent threshold needed for certification
- Scenario 2 - Unfair Labor Practices: Preliminary analysis of employer wage increases as potential unfair labor practice during unionization process
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Assignment 2
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Assignment 2
Scenario 1
- The bargaining unit is not appropriate. The appropriate bargaining unit would not include housekeeping since they are independent contractors. It would only include the kitchen, restaurant/bar, and housekeeping staff. By law, independent contractors are not regarded as employees, so housekeeping cannot apply to unionize. Big Blue Inn directly employs both kitchen and restaurant/bar employees and can therefore unionize. Moreover, the maintenance staff can also be considered employees of Big Blue Inn even if the outside company, B&S Maintenance Services, contracts them. In some cases, like in the scenario, the employer's identity is not obvious because control over employees is split between multiple businesses. However, in determining the true employer, labor boards concentrate on the business that exercises control and command over the employees while conducting their duties (Doorey, 2020). In the scenario, B&S Maintenance Services is a temporary employment supplier. Although it hired the maintenance staff at Big Blue Inn, the latter is the true employer. Big Blue Inn is the true employer because it controls the temporary employees at B&S Maintenance Services. For instance, one of Big Blue Inn's assistant general managers supervises the four maintenance workers, manages their workload, and controls their working hours. Furthermore, the collective bargaining legislation allows labor boards to declare the two businesses as related employers for collective bargaining purposes. Big Blue Inn and B&S Maintenance Services are carrying on associated businesses, which are also implemented under a common direction.