Business Law Questions..

[UltraVires]

@Hello_Again

The presence or absence of a union is not dispositive, if the other employees have an expectation interest with the employer to distribute the work in a particular manner. “Undue burden” doesn’t mean what you think it means. Regardless of the presence of a union, forcing another employer to work an unwanted shift they would not expect to have to work due to an established seniority system legally constitutes an undue burden to the employer. It’s not so much violating her rights, but recognizing that the other employees have competing rights, and the employer does not have to violate those, to satisfy her.

With or without the union, the employer need not do more than solicit volunteers on behalf of the employee, which they did in this case.

jtgain I’m curious if you read Hardison in class. I suspect not, since the fact pattern is almost identical to the professor’s hypo.

We did not read Hardison. It is very possible that the case was part of the periphery of the class that should have been read.