Dispute over bonus splits union, Disney

A dispute between Walt Disney World Resort and its largest union over bonuses appears to be the first of its kind to emerge out of the GOP tax cuts, said several law professors who focus on labor issues.

“We might want to keep our eyes open for more of this,” said David Abraham, a professor at the University of Miami’s law school, after several corporations announced bonuses for employees because of the tax cuts.

The Service Trades Council Union’s complaint to the National Labor Relations Board about the theme park company’s refusal to give $1,000 bonuses unless union members approve a new contract could have some merit, Abraham said.

“It clearly is an effort to influence members by essentially offering to bribe them,” Abraham said. “We are essentially buying your vote, or your voice, in union negotiations and that is historically an unfair labor practice.”

Jason Bent, an associate law professor who looks at employment law at Stetson University, agreed. “On its face, it seems like a plausible unfair labor practice complaint,” he said.

But the dispute’s facts, such as the timing of the bonuses and putting them into context, will be key, Bent said.

“It can be difficult to win these cases,” Bent said. “You’re always trying to prove the intent of the action, which is a bit of an amorphous action.”