1-Was the strike legal?
From the facts of the case, we know that the Agreement, between Ironsteel and the International Association of Machinists and Aerospace Workers (Union), had to expire in May 31st, of 2011. We have also learned that negotiations between union and corporation continued for almost three months. However, the negotiation failed to produce any result, International Association of Machinists and Aerospace Workers (Union) went on a strike on June 1st, of 2011. It must be acknowledged that all agreements expire after a certain period. However, as long they are valid, it is the legal obligation of all parties, which have entered a contract, to observe it and if any of the parties violates any of its clauses, it is the court of law that enforces it. In this case, it is quite apparent that when Union called for the strike or went out on strike, the agreement had expired (UoW, 2017). Therefore, the strike is legal and legal (Bonner, 2017).
2-What are the arguments that the 10 strike replacements will make? Were their terminations legal? Will the Union represent the 10 strike replacements? Are their grievances permitted? What is Ironsteel’s argument in rebuttal?
The legal argument or response, of the replacement workers, will depend upon the nature of the contract that they had with the company. For instance, if the company has made it clear in the agreement that they are hired temporarily (replacements); until the contract is not renegotiated, then there is not much to gain from any legal pursuit. However, if the company has kept the detail, regarding the period of hiring, ambiguous, then the argument of 19 strike replacements will be strong, and it may yield various kinds of challenges for the company. It is also apparent that the company had considered replacement strikers as employees (paragraph 2) and it in the agreement it is apparent that the company maintains that strike replacements are not temporary employees (Doyle, 2017).
In the United States, it is not necessitated by law to serve a notice, of a particular duration, before the termination of an employee; however, an employee must be terminated on solid grounds, such as gross misconduct. In this case, the termination does not seem to be on such grounds, which make the case, against the company, strong (HG Legal, 2017).Also, as they have paid their dues; therefore, they are covered by the agreement, on the Union’s behalf.
The Union does represent these ten fired strike replacements, as we learn that they have paid their Union dues. Therefore, the Union does represent these fired employees, and they are covered. The grievances are not permitted, and Company’s rebuttal regarding firing and hiring is weak.
3-What are the arguments that the Union will make on behalf of the 12 highest paid strikers? Were their terminations legal? What is Ironsteel’s argument in rebuttal?
The Union will focus on that part or clause of the agreement, on which both parties have not agreed; paragraph 2. It maintains that all its members of the Union will be returned to their original positions and receive previous salaries. It will be an impasse and company will have to renegotiate it, as another strike would create various kinds of complications; legal and administrative. Their termination is legal, as the clause (paragraph 2) has not been waived by the company. The rebuttal of the company will be that company maintains that hired replacement strike workers are not vacancies, which gives it the right that it has exercised to terminate its previous employees.
References
Bonner, M. (2017, March 9). What is a Legal Contract? Retrieved from The Balance: https://www.thebalance.com/what-is-a-legal-contract-462462
Doyle, A. (2017, January 31). Can a Company Fire You Without Notice? Retrieved from The Balance: https://www.thebalance.com/can-a-company-fire-you-without-notice-2060731
HG Legal. (2017, October 1). Wrongful Termination Law. Retrieved from HG Legal: https://www.hg.org/wrongful-termination.html
UoW. (2017, October 1). Strikes & Unions. Retrieved from University of Washington: http://depts.washington.edu/depress/strikes_unions.shtml
+447462439809