Case Study:
Harding Glass Industries was a member of a multiemployer bargaining association called the Topeka Area Glazing Contractors Association. The association’s collective bargaining agreement with the Glass Workers’ Union expired on July 31. Although the union and the association did bargain over a new contract, the union went on strike on August 1 when no agreement had been reached. Harding’s adamant opposition to a shift rotation clause in the agreement brought the negotiations to a standstill. At one bargaining session, Jack Zander, the union business agent, exclaimed in exasperation, “If it weren’t for Harding, we could settle this damn thing.” With negotiations at an impasse, Harding informed Zander that it was withdrawing from the association so that it could bargain separately with the union. Zander objected and demanded that Harding continue bargaining in the association. Harding did not take part in any further bargaining. Subsequently, on November 3, the union and the association agreed on a three-year contract. On the basis of this agreement, the striking Harding employees returned to their plant. The company barred their return, stating that it had no contract with the employees and that it had permanently replaced the strikers. The union claimed that its Harding members were entitled to immediate reinstatement and back pay because Harding had engaged in unfair labor practices. Harding maintained that it had the right to replace workers who went on strike over an economic issue. Are the strikers entitled to immediate reinstatement by Harding Industries? Decide. [Harding Glass Industries v. NLRB, 109 LRRM 3044 (10th Cir.)]
Your answer must be, typed, double-spaced, Times New Roman font (size 12), one-inch margins on all sides, APA format and also include references.