Assume that an unfair labor practice charge was filed against your company by several employees and three prospective employees. Case 4689-3
On July 29, 2016, Delphi Golf, Inc. and the union entered a collective bargaining agreement. The majority of the
company’s employees covered by the agreement had not designated the union as their collective-bargaining
representative. The agreement contains a union-security clause requiring employees who are members in
good standing of the union to maintain their membership in good standing and all other employees to become
members of the union on or before the 31st day following the effective date of the agreement or the date of their
hire. The union instructed Delphi Golf, Inc. not to employ three servers for restaurant positions in the company
because the servers were not members of the union. The company is an employer within the meaning of
Section 2(2) of the act engaged in commerce within the meaning of Section 2(6) and (7) of the act.
Explain in a two-page essay the process and steps your company will have to take to defend this action. Explain the
defenses to the action and if the union employees have valid claims. What actions by the employer should have been done
differently, if at all? What actions by the union should have been done differently? Who, if anyone, is liable?