Immigration and Labor Law


In April 2017, several employees of Javatech, Inc., a computer hardware developer with 250 employees, started orga–
nizing the Javatech Employees Union (JEU). When Javatech refused to voluntarily recognize the union, organizers
petitioned the National Labor Relations Board (NLRB) for an election. In June, the NLRB conducted an election
that showed that a majority of Javatech employees supported the union. JEU was certified and began bargaining with
management over wages and benefits.
In January 2018, Javatech management offered the JEU a 1 percent annual wage increase for all employees with no
other changes in employment benefits. The JEU countered by requesting a 3 percent wage increase and an employee
health-insurance package. Javatech management responded that the 1 percent wage increase was the company’s only
offer. The JEU petitioned the NLRB for an order requesting good faith bargaining. After meeting with an NLRB rep–
resentative, Javatech management still refused to consider modifying its position. JEU leaders then became embroiled
in a dispute about whether the JEU should accept this offer or go on strike.
New union leaders were elected in July 2018, and the employer refused to meet with the new JEU representatives,
claiming that the union no longer had majority support from employees. In August 2018, a group of seven Javatech
engineers began feeling ill while working with a new adhesive used in creating motherboards. The seven engineers
discussed going on strike without union support. Before they had reached an agreement, one of the engineers, Rosa
Molina, became dizzy while working with the adhesive and walked out of the workplace. Using the information pre–
sented in the chapter, answer the following questions.

1. How many of Javatech’s 250 employees must have signed authorization cards to allow the JEU to petition the
NLRB for an election?

2. What must Javatech change in its collective bargaining negotiations to demonstrate that it is bargaining in good
faith with the JEU, as required by labor law?

3. Could the seven engineers legally call a strike? What would such a strike be called?

4. Would Molina’s safety walkout be protected under the Labor-Management Relations Act? Explain.