The NLRB’s decision is malicious to the company’s trading policy and strategies. This is because it exposes the secrets held by the company. In business, Trade secrets entail vital information to a company and are not revealed to the public because they have commercial inclinations. In a company, employees exposed to the information on the company’s trading secrets have a right to restrict access of the information by other individuals. The employees who mishandle such information face the risk of being prosecuted in a court.
In addition, the decision is antagonistic to the security of the company’s property rights that create a competitive advantage. Notably, giving union representatives access to the company’s trading secrets and policies may decrease its competitive edge over others. In circumstances where the trading secrets of a company are disclosed, competitors will utilize the information against the company. Consequently, the company will become less dominant and lose its market share. However, the trade union has a mandate to ensure that the working environment of employees does not compromise their health. In situations where there is lack of clear restrictions, the unions may overstep their role and infringe the confidentiality of workers. Moreover, the employees are obliged to maximum protection of the company’s confidential information and, they are aware of the legal action that can be taken against them if they do otherwise. The disclosure of trade secrets can be presumed as a breach of contract that the employees signed with the company. Therefore, the court should provide vivid legislation that embraces the principle of fairness in protection of the company’s privacy while being considerate to a balanced responsibility of the union.
References
International Union of United Brewery, F., & Pabst Brewing Company (1950). Arbitration between Brewery Workers Local Union No. 9, CIO and Pabst Brewing Company: Subject, Friday shutdowns and contract interpretations. S.l: s.n.
Petshek, K. R. (1954). Arbitration of labor-management grievances: Bethlehem Steel Company and United Steelworkers of America, 1942-52. Washington: U.S. Dept. of Labor, Bureau of Labor Statistics.
