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Dispute resolution and conflict management
Dispute resolution and conflict management
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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.
2. Healthy Harvest Company can hire non-citizens for its temporary seasonal work as long as the non-citizens or immigrants have a valid temporary Employment Authorization Document (EAD). They can prove this by presenting their I-551 Alien Registration Receipt, by showing a properly stamped foreign passport, or they can also show that they have a non-resident labor certification, aka a "green card". Procedures the employer must follow to do this hiring is show that complete a Form I-9 for each employee to verify that each employee is a U.S. citizen or permitted to work in the United States. They must also hire
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only those of whom are allowed to work in the United States. If they become aware of an employee that is an illegal immigrant, they must promptly fire that employee or succumb to administrative and criminal sanctions. Healthy Harvest can be assured they are only hiring citizens by obtaining the correct information from the employee such as, birth certificate, social security card, photo id, I-551 Alien Registration Receipt, a Green Card, and filling out all of the correct paperwork including the Form I-9. If they have the proper paperwork and have registered their labor certification they should be set. 3.
The suit veronica filed against Wind Power Company meets all the requirements that she must show to succeed on her claim. She has a disability with being hearing impaired, she is otherwise qualified for the job, and she was denied the job in question because she is hearing impaired. In this case Wind Power Company made the mistake of telling Veronica that she was otherwise qualified for this job but it "needs someone who does not have a hearing problem." This is like plucking a line right out of the Americans with Disabilities Act of 1990. Since Veronica was qualified for this position, Wind Power Company could have attempted to make reasonable accommodations for her in this position with updated technology, different job assignments, and looking at how they could work around certain communication
methods. 4. Maynard will most likely prevail in his case. He does meet all 3 criteria to establish a prima facie case according to the Age Discrimination in Employment Act (ADEA). He first can prove that at the time of his demotion he was over the age of 40. Second, he can prove that he was qualified for this position. This is a job that he earned after a career of positive job evaluations and pay raises. He earned this position and wasn't hired into it. Three, he was discharged from the position he was in because he was over 40. He and five other workers over the age of 40 are demoted and Pitt states that they are going to have to "do away with the old men". This is grounds for discrimination. One thing Maynard has going against him in this case is that he quit his job and he was not fired. He has good grounds for his case, but since he quit working there they may look at it from a different perspective. Although it is not covered in this paragraph, if Maynard was having issues with the young men giving him a hard time about being older, freezing his pay, and demoting him, he may also have a case for constructive discharge on top of an age discrimination case. They were making his working conditions intolerable to the point where he couldn't go to work anymore and the discrimination was more than he could handle. In this case he could recover lost income and back pay if this was the case for his urge to leave the job he has worked so hard for. 5. Yes, Francesca should recover workers' compensation benefits. She may have been heating her food in an oven where it was not intended to be heated, but it was an accidental injury that occurred on the job. She is entitled to receive state workers' compensation benefits regardless of fault. 6. No, Quinn is not allowed to fire Owen for this because he is protected by whistleblower statutes. These statutes allow Owen to report Quinn for the state violation of the bakers not wearing protective gloves without getting fired. There are laws such as the Whistleblower Protection Act of 1989 that were created to protect people like Owen. If Quinn was to fire Owen, Owen could sue Quinn for a wrongful discharge. 7. I would say yes Zach does have some recourse against Yoshi. When it comes to termination between parties there was no lapse in time, no particular purpose or specific event that lead for her to not pay, there wasn't a mutual agreement to part ways, no revocation, and Yoshi did not give Zach any notice or let him know that she was not going to continue with her purchase. As the agent in a partially disclosed principal, Zach can also be held liable for contractual nonperformance by Burcet, the owner of Aficionado's. This may cause him to have to pay the remaining portion in the purchase of the pub. This is where Zach will have to hold Yoshi liable and file a law suit to acquire the money he lost not only from her non-payment, but from his potential liability to Burcet. 8. Classic Beverage Corporation and Build-It Construction Company do not have an agency relationship. Build-It Construction Company was contracted with Classic Beverage Corporation and therefore they are not employees. This makes Classic Beverage Corporation not liable for any losses Dependable Tools & Materials, Inc. are claiming against them, as they were actually contracted from Build-It Construction Company. The relationship between Classic Beverage Corporation and Build-It Construction Company is to be working in their respective businesses within their contract. Classic Beverage Corporation and Elmo have an employer-employee agency relationship. Classic Beverage Corporation hired Elmo as a Certified Public Accountant, but he is not allowed to hire or supervise other employees. This makes Fayette's claim against Classic Beverage Corporation unjustifiable since Elmo was not allowed, nor did he hire her for the company in the first place. He asked her to advise him on certain accounting procedures and if he agreed to pay her outside of that it would have been as a personal favor and she should hold Elmo liable. The agency relationship with Elmo and Classic Beverage Corporation stays at an employer-employee relationship because he was directly hired and all employment laws including state and federal will apply to him. Classic Beverage Corporation and Gloria have a employer-independent contractor relationship. They contracted Gloria as a salesperson to take care of a designated territory, then Highpoint Concessions, Inc. placed an order and she failed to submit the paperwork to Classic Beverage Corporation. Highpoint is claiming that Classic Beverage Corporation is liable for their losses. This is not the case since Gloria is an Independent Contractor and the liability is on Gloria since Classic Beverage Corporation is not controlled or subject to her others conduct and/or performance of her job as a contractor.
...e terms and conditions the job entailed. I believe that Wal-Mart did accommodate Pam Huber’s disability needs by suggesting to her a different position to work in due to her downfall. If the company caused for her accident then they should accommodate for her disability and keep Pam Huber in her position but due to the fact that the accident happened on her own terms I do not think the company should be reliable for her disability and therefore Pam Huber should either accept and make the most out of her situation or leave the company. Based on all these factors I am defiantly in agreement with Wal-Mart and the district courts decision on ruling summery judgment in favor of Pam Huber.
FACTS: Respondent, Davis, a licensed LPN for over ten years who also lives with hearing loss applied for admissions to Southeastern Community College. The Petitioner, requested Davis see an audiologist before accepting her to the RN program. The audiologist concluded that Davis required lip-read in order to fully understand audible communication. The school subsequently denied Davis entry, assuming her hearing loss would affect her ability to effective care for patients safely.
...g went to the fact that even though the business did not purposely discriminate, it did in fact due to a policy that is discriminatory in nature. In other words, the true reason for the firing was directly related to substance abuse. Although the employee was technically not let go due to the abuse specifically, the fact that this occurred in fact is enough to render the policy unfair. I feel that this law provides great value to my workplace as, it protects those who have made mistakes at the workplace due to a disability. In this case it was substance abuse, but the same concept could be applied to other conditions that alter behavior.
She said it would be interesting to interview him because he has a disability. Max however, is confused by this because he does not have a disability, although he agrees to the interview for his own benefit; not having to explain to everyone he works with how to face him so he could lip read. I think that being hard of hearing is not a disability it is a difference and could, however create some challenges, but it depends person to person. Their are many deaf individuals who do amazing things just like any other person. It really got underneath my skin when the woman Dotty said “disability”.
against their employers, employees were able to go on strike and prove a point. Some
Unions have an extensive history of standing up for workers. They have advocated rights of steelworkers, coal miners, clothing factory employees, teachers, health care workers, and many others. The labor movement is based on the idea that organized workers as a group have more power than individuals would have on their own. The key purpose of any union is to negotiate contracts, making sure workers are respected and fairly compensated for their work. “In theory” unions are democratic organizations, resulting in varying inner authority. Workers look for security within a job a...
In the past, many employers had simply ignored any union organization. The employers would simply ignore any rights put in place by unions, and even go so far as to fire union employees and union sympathizers. Employers would use spies to find out who was sympathetic to unions, and then circulate the names to other employers. These “blacklists” were used to fire employees and for other employers to decide whether or not a person ...
In conclusion there were violations of the Unfair Labor Practice laws committed by both parties during the organization process, which were identified in the film. I have identified two committed by labor representatives, not particularly grievous, but significant enough that ULP¡¦ violations could be filed. Based on the violations committed by labor, I do not think there would be any ruling by the NLRB that would affect the election results. If the election had gone the other way I could not say the same for the violations that were committed by management. The film depicted many aspects of the union organization process including the interactions of all parties involved. The organization process is more detailed than what was shown, but the general ideas of most of the major steps were accurate. Those steps that were not shown were invisible to the film but not the formal organizational process.
Temporary visas allow the worker to be legally authorized to work, but only for a certain time frame and with a specific employer (Facts About Immigration, n.d.). However, workers who obtain the “employment based” visa, are eligible for permanent residence and more than likely a U.S. citizen employer will need to petition for the visa (Facts About Immigration, n.d.). Immigrants who posses the employment-based visa is able to receive citizenship after they have maintained a legal permanent residency for 5 years in the U.S. and meeting other criteria’s (Facts About Immigration,
Gamble, John E., Strickland, A.J. Thompson, Arthur “Whole Foods Market In 2006: Mission, Core Values, and Strategy”, Crafting & Executing Strategy 15th Ed., McGraw-Hill Irwin, 2007
The ADA has been called the most meaningful act since the Civil Rights Act of 1964. Activists said, “’It’s the first declaration of independence and equity for people with disabilities…It’s like the Berlin Wall coming down’” (O’Brien 162). The ADA is divided into five titles each addressing a different area of concern for the disabled. Title I protects the disabled from discrimination in the work place. Since the adoption of the ADA, Title I has had little impact on the rate of disabled people being hired for new jobs; furthermore, disabled individuals facing discrimination in their current jobs have found little justice through new legal avenues provided by Title I. Most cases are filed by disabled workers who are requesting appropriate accommodations from their employer, in many of these instances; accommodations entail slight adjustments to the employees’ work area by installing ramps or railings. Unfortunately, many employers see the adjustments as a hassle and disabled employees are forced to work in subpar conditions.
Organizations and programs have a lot to think about and go through before they become an organization. They have to think about how they are going to fund their organization or program, their implementation and intermediate goals, what are the risks involved, and most importantly the outcome goals; how are they going to help other. There are many organizations/programs that we could discuss, but one close to us is Forgotten Harvest.
Sharp’s business philosophy is to use its innovative technology “to contribute to the culture, benefits and welfare of people throughout the world” (Noda 25). Sharp is constantly trying to position itself as a leader in innovation as further supported by its business creed, which states to “constantly be aware of the need to innovate and improve” (Noda 25). However, this focus on innovation and creativity has not always been consistent with how the company has been operated. The history of the company is replete with periods of both innovation and imitation.
Issue: Does party bringing suit (Plaintiff – Paul Cronan) qualify under the ADA for disability?