Thursday, September 26, 2019
Employment Law Essay Example | Topics and Well Written Essays - 1250 words - 2
Employment Law - Essay Example These laws ensure that parties in a union discharge their duties fairly in order to evade legal accusation. The employment disagreement in Sinclair Refining Co. V. Atkinson, 30 was caused by the courts failure to forbid the labour union from enforcing a workers boycott as a solution to the disagreement between workers and the employer. The matters concerning the employers and the employees require little intervention by the court and the parties involved should resolve their differences in affable environment if possible. This is due to the fact that these issues require a solution which does not disadvantage either of the parties and create a friendly atmosphere. The workers boycott in the case of Sinclair was against the agreement which prohibited any strike and support for mediation in the case of any dispute. Therefore, for the court to intervene in the issues involving employers and workers they rely on the agreement between the parties and the matter must be one which requires arbitration (Mark, 15). The federal court however did not enforce the employer-workers agreement, but inste ad they allowed the boycott to continue. There was a feeling that the decision taken by the federal court was insufficient and against the employment agreement which advocated the mediation and prohibited the strike as a solution to the disagreement between the parties. According to Mark (22) the federal district courts have inadequate authority to implement contractual obligations between the employers and their employees, or to alter rulings by another court. The matter presented before the Supreme Court regards the ruling of the federal court regarding employers and employees agreement. Their conditions of employment prohibit the workers from taking part in boycott and advocate mediation in case of disagreement. However, the federal court failed to enforce this covenant although after the workers boycott. This matter was presented to the Supreme Court
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