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World Tea & Coffee, Inc. (World Tea & Coffee), owned and operated a retail store in the Westtown Shopping Plaza in Westtown, New York. Eleven other stores were located between the World Tea & Coffee store and the parking lot, which was owned by World Tea & Coffee, Inc.
The United Food and Commercial Workers Union, AFL-CIO (Union), attempted to organize World Tea & Coffee’s 230 employees, all who were non-union. When a full-page advertisement in the local newspaper failed to attract the employees to unionize, nonemployee union organizers entered World Tea & Coffee’s parking lot and began putting handbills on car windshields parked in the employee parking lot area.
World Tea & Coffee’s manager informed the union organizers that World Tea & Coffee prohibited their unionizing efforts of solicitation and placing handbills of any kind on the property and directed them to get off the property. After they left, World Tea & Coffee personnel removed the handbills. Union organizers repeated their handbill efforts in the parking lot on several following occasions. On each event, nonemployee union organizers were directed to get off the property, and the handbills were collected and removed.
The union filed a grievance with the National Labor Relations Board (NLRB). What should the result be in this case? Should the NLRB rule in favor of the union or in favor of the employer?
Review the Union Organizing Case Study
Research labor laws and legal cases on union organization in parking lots using online law libraries or other Internet sources of your choice.
example: (Labor Board v. Babcock & Wilcox Co., 2017)
Using the IRAC method (Issue, Rule, Analysis, Conclusion) of legal case analysis, analyze the case study by identifying the applicable rule of law(s) relevant to the case.
Analyze the case facts against the laws you have identified, and then give a conclusion as to what the result should be and which party should win the case.
Explain whether or not the storeowner may prohibit nonemployee union organizers from distributing leaflets in a shopping mall parking lot owned by the storeowner.
Write and complete a 1,400- to 1,750-word legal analysis in the third-person voice according to the following guidelines:
- Issue: Recommended word length: 300 to 350 words
- Rule (of Law): Recommended word length: 300 to 350 words
- Analysis: Recommended word length: 800 words
- Conclusion: Recommended word length: 300 to 350 words
Include justification for your responses by citing applicable laws and/or legal cases in your analysis.
Format your paper consistent with APA guidelines, and include headings that appropriately signal topics and keep your document organized.
Use a minimum of three different sources within the paper in addition to the laws and legal cases required above, using proper in-text citations. Identify any source in your Reference page. Any laws and legal cases used in the body of your paper must also be included in the References page.