Case Study:
Is the right of state and municipal employees to bargain impeded by having no legal right to strike? What substitutes do the laws provide? Michael Murphy, a member of the Postal Workers union, was employed at the San Francisco Bulk Mail Center. Murphy arrived at the center for his 9:00 AM shift one morning and observed a group of his coworkers and union officers gathered in front of the center’s main entrance with picket signs. Murphy was told that a picket line was being erected but that anyone who wanted to work could cross the line. Fearing threats and verbal abuse if he attempted to cross the line, Murphy phoned the center and stated that the picket line prevented his arrival at work. Murphy then joined the pickets in their patrol until he learned that the strike had not been sanctioned by the union. Murphy refused to cross the picket line for the next three days; however, he did not take part in any more picketing. Murphy was discharged by the Postal Service, which had informed him that strikes against the U.S. government were illegal. An arbitrator subsequently ruled that discharge was too severe a punishment for Murphy, given the extent of his strike activity, and ordered him to be rein stated without back pay. The Postal Service refused to abide by the arbitrator’s ruling, citing federal law, which required that a striking U.S. government employee be discharged. The union asked the federal district court to enforce the arbitrator’s award. Should the court order Murphy to be reinstated? Decide. [Postal Workers v. Postal Service, 110 LRRM 2764 (9th 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.