The National Labor Relations Act (NLRA) governs hiring rules, the violation of which involves acts of discrimination or unreasonable denial of cause. Section 8.1a states that employers may not interfere with Section 7 rights: it regulates, among other things, joining a union and engaging in union activities (US Congress). Section 8.3a also states that hiring discrimination for obstructing membership in a labor organization is also prohibited and considered an unfair labor practice. NLRA specifies that hiring employees who would be detrimental to the company’s business interests may not be done. If the company can prove potential harm from the employees, the NLRA will not consider it an unfair labor practice. Since the company is in construction, it probably falls under municipal functions: it means that the NRLA does not apply to it.
Connecticut has Labor Relations Act (CT Gen. Stat. Sec. 31-101 et seq.), which applies to all employers except those mentioned in the NRLA. Under it, employees are free to join unions (Sec. 7-468), which has resulted in Connecticut having the highest percentage of unions in the country (Connecticut Department of Labor). The law does not contain any ruling that discrimination can be based on engaging in union activity. Presumably denial of union persons can be justified based on lack of qualifications. Connecticut does not have a Right to Work Act that affirms the rights of people outside of a union. It means that union’s person can be denied for any other reason, but not because of their union activity because Connecticut law prohibits employers from disobeying the actions of unions.
Quinto-Pozos, Manuel. “The Tension Between the NRLA, the EEOC, and Other Federal and State Employment Laws: The Union Perspective.” 2018.
This source demonstrates how different the guidelines for implementing union activities under various regulations are. In this article, Quinto-Pozos (281) argues that union activity is a good thing, but it often overlaps with notions of employer freedom. An employee’s actions will almost always be discriminatory because the legal documents do not interpret the employer’s opinion as an independent. This article looks at the problem from the employer’s side and points out what documents can help with a competent refusal to hire.
Pulliam, Mark S. “The Exploitation of Labor and Other Union Myths.” 2019.
The article divulges the major myths surrounding the pro-union activity and points out the obvious and non-obvious benefits of including it in the company’s plan. It also points out why discrimination occurs and how to avoid it legally (Pulliam 413). The paper draws attention to the legal law and explains the recommended rules of conduct that should be followed to prevent conflicts with union representatives.
done in as little as 1 hour
“Labor Relations Law & Union Issues.” 2022. Web.
This online publication contains practical examples and acts that regulate problems that arise with unions. In addition, this short publication summarizes the material necessary for a general understanding of Labor Relations Law & Union Issues. It also contains references to legal provisions that discourage employers from hiring union members and identifies reasons for refusal. This article was the starting point for further research into Connecticut law, which goes against the NRLA.
As an HR manager, I believe it is necessary to follow all hiring process steps. Since the company and the director are not particularly interested in hiring unionized employees, it is possible to refuse to hire them reasonably (Quinto-Pozos 283). It can be done by interviewing and identifying potential weaknesses in people and determining if any intentions would be detrimental to the company. In addition, because construction companies are municipal operations, labor unions may prevent construction for reasons, not in line with the company’s vision. The best solution would be to conduct at least a separate initial employee hearing. At that point, identify past and current activities, evaluate them as personnel, and then deny admission without reference to unions (Pulliam 415). You need to refer to the NRLA for this if there are any lawsuits on their part. In addition, you need to gather documentation to demonstrate municipal merit and point to the company’s vision. It is important to emphasize that the unions are not harmful to the company. Still, since they have not been created so far, employees are not interested in them.
Works Cited
“Labor Relations Law & Union Issues.” CBIA, Web.
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Connecticut Department of Labor. “Chapter 561.” Labor Relations Law, 1975.
Pulliam, Mark S. “The Exploitation of Labor and Other Union Myths.” A Journal of Political Economy, vol. 24, no. 3, 2019.
Quinto-Pozos, Manuel. “The Tension Between the NRLA, the EEOC, and Other Federal and State Employment Laws: The Union Perspective.” Journal of Labor and Employment Law, vol. 277, 2018.
United States Congress. National Labor Relations Act. USA’s Congress, 1935.