Flashcards Studio

SwiftLine Logistics, a private logistics company with 180 employees, has a certified bargaining representative for 3 years. Management issues a 'Union Engagement and Workplace Conduct Policy' that (1) prohibits attendance at union meetings during working hours; (2) requires prior written approval before engaging in any union activity; (3) subjects any union-related communications on the company intranet to prior approval; (4) imposes disciplinary action up to suspension for violations. An employee, Kai, who is a union member, attends a local union meeting off-site during his lunch break and is suspended for two days for 'misconduct.' The union files an unfair labor practices complaint with NLRC. (a) Identify the controlling doctrine and the employer’s duties toward workers under this doctrine. (b) Assess whether SwiftLine’s policy and Kai’s suspension constitute unfair labor practices or a valid management prerogative, explaining your reasoning. (c) If the action is an unfair labor practice, what remedies may be sought by the employee and/or the union, and who has standing to sue?