In this case, Drake and Keeler could argue that they were wrongfully discharged because they are to be protected under Section 7 of the National Labor Relations Act. Under the Section 7, it is described that employees, even non-union, are to be protected from termination in regards to concerted activity (Holley, Jennings, & Wolters, 2012). When an action is taken by two or more employees to express a complaint or grievance relating to the conditions of employment under the employer's control (Holley, Jennings, & Wolters, 2012). Drake and Keeler were acting in a concerted manner by walking off in protest the cold temperature at their workstations. The action they took was in order to bargain the issue in regards to their working conditions, …show more content…
If the employer does, in fact, replace those employee’s positions before they return from the strike then the employer still has to consider the walk-off employees for reinstatement when the position they are qualified for becomes available …show more content…
v. NLRB, Case Nos. 01-3606 and 01-3987 (7th Cir. Aug. 1, 2003), which has similar relating facts to Drake and Keeler’s, it provided some guidance on understanding protected and unprotected strikes. In the case of Trompler, Inc v. NLRB, the employer was held liable for back pay and reinstatement for terminating six employees who walked off the job in response to unanswered complaints regarding the higher level supervisor (“When May Nonunion”, 2003). Even though both Drake and Keeler made a complaint to their supervisor about the work conditions, they did not necessarily have to provide a complaint. Employees are not necessary required to prove the employer or supervisor with an opportunity to resolve the complaint or grievance prior to engaging in a concerted and protected activity action (Holley, Jennings, & Wolters, 2012). In an article by the Duane Morris Institute, it provided several instances where the National Labor Relations Board was successful in getting discharged employees, like Keeler and Drake, reinstated employment with full back pay and/or settlement. One case reported employees were discharged from walking off the job in protest of a change in work rules, similar to Drake and Keeler (Redeker,
On the day in question, after Drake and Keeler complained to the supervisor, he polled the workers and majority voted to keep the door opened. The supervisor had to succumb to the majority decision. In the case of NLRB v. Jasper Seating Co., the employer in this case contended that it was justified in its right to discharge Thompson and Goodpasture. Jasper also believed it did not violate Section 8 of the NLRA. The company argued that the employees “walkout did not constitute protected, concerted activity as contemplated by section 7 of the Act” (“857 F. 2d 419”, 1988, para. 4).
The National Labor Relations Board (NLRB) is the first stop in an unfair labor practice dispute between an employer and a union. What happens when the NLRB is wrong in their judgment, or one of the parties needs further clarification? The next stop would be an appeals court, and Baltimore Sun Company v. NLRB is an example of this conflict. Case Summary In 1996, the Baltimore Sun Company (Balt.
I believe Justice O’Connor’s plurality opinion of Jennifer Troxel et vir. V. Tommie Granville (802-803) was an example of a “good opinion.” The piece was both well-written and backed by appropriate precedent; O’Connor cited Meyer and Stanley v. Illinois, supra, observing, “[The] interest of parents in the care, custody, and control of their children [is] perhaps the oldest of the fundamental [due process] liberty interests recognized by this Court” (802). He additionally emphasized that the Court had not found Granville an unfit mother, nor had the Troxels accused her of being one when the case began. I find the majority opinion of Robin Joy Shahar v. Michael Bowers to be an example of a “bad opinion” for several reasons.
Let's explore another case, where we have Ryan Ferguson, from Jefferson City, Missouri. Ferguson is accused of killing a popular sports editor, Kent Heitholt, from Columbia Daily Tribune, on Halloween night in 2001. Ferguson has been in prison now for eight years. The accuser is Charles Erickson, who claims that he and Ferguson agreed to rob someone for money to help them buy more alcohol. Erickson went in to the police station two years after the murder and gave the police suspicion that he knew some of what happened the night Heitholt was killed.
Furthermore, there was dismissing of some workers from their jobs by the company. Therefore, it was necessary for the employers to provide favorable conditions for the workers and prevent them from further harm. Through such steps, they would not have experienced any form of strike. However, it is also important to consider that everything was out of control and the strike had already begun, with the miners destroying the nearby residence of replacement miners, making families to seek refuge in the forest (Schade
Nancy Ewanchew, another lifeguard who worked for the city, brought the situation to the City 's Personal Director, but the city only reprimanded by requiring the supervisors to choose between a suspension without pay or the penalty of annual leave.
The operation of the streetcar without the approval of the strike committee was a blatant disregard of the striking workers cause, which then turned the strikers justifiably violent, although they did wait to tip the car till everyone had exited the vehicle. After rally ensued, Winnipeg mayor, Charles Gray read aloud the Riot Act, and sent out a force of armed men, consisting of the militia and Royal Northwest Mounted Police to squash the rally, in the end one striker died, and many more were injured.8 The use of federal troops to put down a rally of upset strikers in Winnipeg is just another example of how far the federal government was willing to go to end the general strike. Another group in opposition to the strike was the Committee of one thousand. The Committee of one thousand was an organization of mostly wealthy Winnipeg elites that tried to undermine the
I watched the Lochner v. New York case. Before I watched this case, I did some research and thought it wasn’t a really important or meaningful case because it is just a case that bakery owner against the Bakeshop Act law made by New York City. But After watching this video, I totally changed my mind. Just like the reporter said (at 1:30 of the video), “this case brings rise to an era that defined the supreme court for the next thirty years. Randy Barnett, a professor of Georgetown Law School, also showed how important this case was in American political history.
Consequently, anything displayed from the lawn which connected to the parking lot would have been sufficient in notifying anybody about the efforts of the union. The key issue while attempts may not be successful is to gain access to employees. The union failed to establish the existence of barriers that aggravated contact to employees, the NLRB made a mistake in closing that Lechmere committed an unreasonable labor practice by excluding organizers that were not employees from the territory. Lechmere might prohibit union organizers that are
Case Scenario in Healthcare Setting This scenario is focused on manifest conflict, in specific, the destructive type. Destructive manifest conflict is a typical type of conflict between nurses and physicians. A professional collaboration amongst nurses and doctors is vital for achieving the best patient’s outcome. Doctors are strict about their obligation of diagnosing and treating their patients.
While Susan Reed is considering taking legal action, she must consider the various angles she may take when going after her employer, Big Ten Fitness. There are three major avenues that she should consider when bringing a lawsuit against them. They include discrimination based on sex, discrimination based on age, and sexual harassment. None of these will guarantee that she wins the case, but one may be easier to prove than the others. To begin, Title VII of the Civil Rights Act of 1964 states that an employer cannot discriminate based on any of 5 protected classes, one of which is sex.
If a woman is temporarily unable to perform her job due to a medical condition related to pregnancy or childbirth, the employer or other covered unit must treat her in the same way as it treats any other temporarily disabled employee. The employer may have to provide light duty, alternative assignments, disability leave, or unpaid leave to pregnant employees if it does so for other temporarily disabled employees. (eeoc.gov) The 14th Amendment states, “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall
In Blackadder v Ramsey, the High Court held that an employee is to be given back to his same position and condition as before if an employer was wrongful dismissed by an
Are there appropriate limits that should be placed on this right? According to International Labor Organization, there is absolutely right for an employee to strike over nonpayment of salary, conditions of employment and their welfare and other reason. But it must be in compliance with the laid down procedures.
Being able to clearly show a history of problems will avoid discrimination litigation, wrongful termination lawsuits and may even result in their unemployment insurance claim being denied. This is because workers who are terminated for ‘gross misconduct’ are not eligible for worker’s compensation. Therefore, make sure all relevant performance information is properly documented in the employee’s file. As a result, you will be able to calmly and concisely explain the factual reasons for the termination.