Labor Law, 2015 Bar — Question XVII-b

ESSAY

The Collective Bargaining Agreement (CBA) between Libra Films and its union, Libra Films Employees’ Union (LFEU), contains the following standard clauses: 1. Maintenance of membership; 2. Check off of union dues and agency fees; and 3. No strike, no lock-out. While Libra Films and LFEU are in re-negotiations for an extension of the CBA, LFEU discovers that some of its members have resigned from the union, citing their constitutional right to organize (which includes the right NOT to organize). LFEU demands that Libra Films institute administrative proceedings to terminate those union members who resigned in violation of the CBA's maintenance of membership clause. Libra Films refuses, citing its obligation to remain a neutral party. As a result, LFEU declares a strike and after filing a notice of strike and taking a strike vote, goes on strike. The union claims that Libra Films grossly violated the terms of the CBA and engaged in unfair labor practice. (b) Distinguish between a "closed shop" clause and a "maintenance of membership" clause.

You can write freely without an account. Sign in to reveal the suggested answer and track your progress.