The Supreme Court established Weingarten Rights in 1975 because of National Labor Relations Board v. J. Weingarten, Inc., which was a supermarket company. Weingarten Rights include the right for employees to have a representative, of their choice, present at meetings that may result in disciplinary action against the employees. In other words, Weingarten Rights guarantee an employee the right to Union representation during an investigatory interview. The Supreme Court ruled that there be three rules in place during an investigatory interview. The rules are as followed: 1. The employee must make a clear request for union representation before or during the interview, and the employee cannot be punished for this. 2. After the request, the
(Cheeseman2013) In the National Labor Relation Board v Shop Rite Foods case some employees of Shop Rite Foods of Texas elected a worker union as a Bargaining agent for a collective bargaining agreement for over 3 months the agreement was still not settled. Then ShopRite began to notice a lot of it merchandise being damaged in the warehouse. They determined that the damage was being intentionally being caused by dissident employees as a pressure tactic to secure concessions from the company in the collective bargaining negotiations.
One of the issues in the case EEOC v. Target Corp. is that the EEOC alleged that Target violated the Title VII of the Civil Rights Act of 1964 by engaging in race discrimination against African-American applicants who were interested in management positions. It is argued that Target did not give the opportunity to schedule an interview to plaintiffs, Kalisha White, Ralpheal Edgeston and Cherise Brown-Easley, because of racial discrimination. On the other hand, it argues that Target is in violation of the Act because the company failed to retain and present records that would determine if there was reason to believe that an unlawful practice had been committed.
1. A union election can be held by the employer if they are willing to recognize the petition from the majority of the workers. If the employer refuses to recognize the petition for an election the petition can be workers will present their authorization cards to the National Labor Relations Board (NLRB). If the union is elected, they will have to represent Truman and all employees including those who are not members. If the union is elected, Righteous Apps will have to bargain over the employees overtime pay and the hours that the offices open and close.
As of May 30th 2017, the Supreme Court has settled the case BNSF Railway Co. v. Tyrrell in an 8:1 decision, ruling that a state level court cannot implement jurisdiction over a railroad company under the Federal Employers’ Liability Act.
In the case of Republic Aviation Corp. v. NLRB, 324 U.S. 793 (1945), the employer fired four employees in total for violating the company’s policy stating, “Soliciting of any type cannot be permitted in the factory or offices.” One employee was soliciting union membership in the plant by passing out application cards to employees on his own time during lunch, and three other employees were discharged for wearing UAW-CIO union steward buttons in the plant after being requested to remove them. The NLRB ruled in favor of these employees having the reinstated and had the company remove its no solicitation rule because it violated Section 8(1) of the NLRA.
In the case, Carpenter v. United States, the question is posed whether the US Government needs to obtain a search warrant before collecting incriminating location information from a cell phone company. Timothy Carpenter was suspected of participating in numerous armed robberies. Therefore, the FBI showed a judge that the records they wanted were related to a criminal investigation, and they received records about Carpenter’s cell phone from his wireless phone company. The records included information about which cell phone towers Carpenter’s phone pinged off of and the call logs. These facts were then presented in Carpenter’s trial, where he was convicted of participating in and organizing nine armed robberies. The FBI is not wrong for using
History shows that there has been conflict of power within the workforce between union and management. This essay will discuss if management should have the right to determine whether a union should operate within their workplace. It is necessary first to discuss the roles of unions and management in the workplace and discuss both points of view on the power distribution between unions and management in the workplace.
Employees are motivated to join labor unions for various reasons. Most important of all is to seek redress for any real or perceived injustices in the workplace (Kearney, & Mareschal, 2014). The management should take cognizance of this fact and act accordingly to roll out a labor relations strategy that will enable them relate well with their employees whether unionized or not. When dealing with union matters at the company, the management should take bold steps in preventing the increase of union-related activities by enticing the employees by enhancing grievance handling and how the employees relate with the company (Carrell, & Heavrin, 2004). This can be achieved by:
The defense in this case will argue that the government was required to acquire a valid search warrant before obtaining their personal business records pursuant to the Fourth Amendment of the Constitution. The government will argue that they did not violate any of the individual’s Fourth Amendment rights by obtaining the defendant’s business records without a search warrant because the business records gathered was not protected under the Constitution.
Kain did not disclose details of the alleged assault by Miss Pearce. Miss Pearce did, however, give consent for a child protection medical to be completed but refused to allow him to be accommodated. A child protection medical was undertaken. Kain had scratches on his head and the explanation that Miss Pearce gave was that the cat had scratched Kain’s head. A Police Protection Order was issued and Kain was placed in foster
As Dr. Hayden has mentioned, there have been fewer instances of unions being used within organizations. Though my current and past employer both had active unions representing the employees, I haven’t had any direct experience with collective bargaining or grievances. At Bemis Inc. the presence of the union was far greater than that of NSWC Crane. My Bemis supervisor did not support the union and had been negatively affected by it within the first year of hire. The many union members who went on strike caused a mass internal confliction of untrained individuals having to perform hazardous manufacturing positions. Steingold mentions employers are not permitted to dismiss or otherwise punish workers who support the unionization (332). Therefore, temporary workers to replace those on strike would have caused further grievance claims from the employees on strike. The combination of lacking personnel and training created unsafe working conditions.
The Fair Labor Standards Act The Fair Labor Standards Act (FLSA) was passed by Congress on June 25th, 1938. The main objective of the act was to eliminate “labor conditions detrimental to the maintenance of the minimum standards of living necessary for health, efficiency and well-being of workers,”[1] who engaged directly or indirectly in interstate commerce, including those involved in production of goods bound for such commerce. A major provision of the act established a maximum work week and minimum wage. Initially, the minimum wage was $0.25 per hour, along with a maximum workweek of 44 hours for the first year, 42 for the second year and 40 thereafter. Minimum wages of $0.25 per hour were established for the first year, $0.30 for the second year, and $0.40 over a period of the next six years.
Wrongful terminations can be drastic on the organization and very costly. Therefore, it is critical to minimize wrongful terminations in order to decrease litigation costs. In essence, the manner in which human resources can mitigate wrongful termination claims is to, at the very beginning, set and follow solid recruitment and selection tactics to ensure the company is making smart hiring decisions (Mayhew, 2017). Hence, it is key to make certain that the organization is looking for candidates that reflect the mission, vision, and goals of the organization. Further, the candidates should employ some key professional attributes that other top performing candidates have within the organization (Mayhew, 2017). A key strategy for human resources would be to set clear expectations up front of what is expected of the employees in their tasks
Management should have the right to determine whether a union should operate their workplace. Discuss.
Explain what a trade union is and how a trade union may gain recognition from an employer.