EMPORIUM CAPWELL Key Points

1
EMPORIUM CAPWELLKey Points

• NLRA procedures and status exclusive
• Unit determination
• Designation of bargaining representative
• Employees not protected by NLRA when going
  outside those procedures
• Allegations of racial discrimination not
  entitled to special NLRA status
• Union the exclusive representative must perform
  its function fairly and within legal constraints
• Section 9(a) protects employers from charges of
  refusal to bargain if approached by employees
  outside of union representative.

2
Why were employees discharged?

• Were employees discharged for engaging in
  concerted activity to protest alleged racial
  discrimination by the employer? OR
• Were employees discharged for attempting to
  negotiate with employer over terms and conditions
  of employment for minority employees?