Reference no: EM133901741

Question

The union also proposes to add this provision in the contract: Reassignment of Work Work that is transferred to any other company location or subcontracted must be offered first to the New York employees. If the first-refusal offer is not made, the company will pay both the NY employees and the workers who perform the work for the time. If the NY employees decline the offer, no penalty will apply. Health care premiums Company's proposal = Employees will pay 20% of their health care premiums in the second and third years of the contract. Union's proposal = The company will pay 100% of the health care premiums in all years of the contract. The president of the union, who is planning to run for re-election next year, scheduled a meeting with the union's negotiation team leader, Alex.

President: So what are we going to do? What are the options?

Alex: They won't budge on these. We think they're planning to open a new facility in a RTW state. If we don't have protection of our jobs, they will shift the work there and we'll eventually disappear. We have to raise the pressure.

President: Can we file an unfair labor practice claim with the Board about how they are refusing to negotiate?

Alex looks to you for guidance. Explain whether this is a good strategy. Under what provision would that be done? What is the likelihood that the union would win a case about the company's bargaining conduct? Why?