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
employer must either grant the request and delay questioning, deny the request and end the interview, or give the employee a clear choice between either having the interview without representation or ending the interview. 3. An unfair labor practice is committed if the employer denies the request for union representation and continues the interview. This allows the employee the right to refuse to answer, which the employer cannot punish the employee for if that happens. This is in place for so to prevent management from intimidating employees because some employees cannot withstand an interrogation. These rights are significant in labor law because these are laws that healthcare administrators need to be aware of and follow in order to have a balanced workplace. This is also crucial for labor law so that union members can have a fair chance during interrogations because some people do better than others in that situat
General education high school teacher, Michael Withers, failed to comply with his student’s Individual Education Plan (IEP). D.D. Doe’s IEP required tests to be read orally. Despite knowledge of this IEP and being instructed to follow the IEP by the superintendent, school principal, special education director, and special education teacher, Withers still refused to make the accommodations for D.D.’s handicapping condition. As a result, D.D. failed the history class. His parents filed charges against Withers, arguing that D.D was not afforded the right to a Free and Appropriate Public Education (FAPE) promised to all students by the Individuals with Disabilities Education Act (IDEA). They also filed a claim for injuctive relief against the Taylor County Board of Education to enforce the laws that protect handicapped students.
A rehabilitation clinic dismissed two drug rehabilitation counselors for using peyote in a religious ceremony. The two counselors, including Smith, sought unemployment benefits. Possessing peyote is a criminal offense in the State of Oregon. The rehabilitation clinic denied the counselors unemployment on grounds of misconduct. Smith filed suit again the clinic. The Oregon Supreme Court overruled the rehabilitation clinic’s verdict. The court stated that Smith’s religious use of peyote was protected under the First Amendment's freedom of religion. The Employment Division, Department of Resources appealed the case to the United States Supreme Court on the grounds that possession and use of peyote is a crime. The Supreme Court returned the case back to Oregon State Courts to determine if Oregon law prohibits the use and possession of peyote for religious purposes. Oregon State court ruled that consumption of illegal drugs for religious purposes was still considered illegal; however, they were also aware that this ruling also violated the First Amendment. The main issue is whether the government can prevent the religious use of peyote under the Free Exercise Clause of the First Amendment, even if a law prohibits it for everyone else. In addition, can the state deny unemployment benefits to someone who has been fired for using peyote for religious purposes?
Ethics and the Unions - Part 1. Industrial Workers of the World. (n.d.). Retrieved from http://www.iww.org/en/history/library/Dolgoff/newbeginning/1
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.
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.
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.
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:
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
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
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.
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.
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
Explain what a trade union is and how a trade union may gain recognition from an employer.
Management should have the right to determine whether a union should operate their workplace. Discuss.