Was given an unprotected individual gripe of an employee

Assignment Help Business Management

Reference no: EM131281076

Union organizers Dooley and King applied for driver positions at Casino Ready Mix, Inc., a nonunion operation in Las Vegas, Nevada, in response to Casino's advertisement for drivers. Both wore shirts identifying themselves as organizers for the union as well as baseball caps with union logos when they applied in person on April 8.

Each stated his organizer status on his application. The company received their applications and told them it was not hiring. In fact, the company hired four other drivers between April 8 and 21. Evidence existed that the Company president had stated that he would never allow a union to represent his employees. Both Dooley and King were qualified drivers. The employer believed that "disabling conflicts" existed in this case and, if hired, the two union organizers would engage in activities inimical to the employer's operations.

Dooley and King believe that they were not hired in violation of Section 8 (a)(3) of the act. Decide. [Casino Ready Mix, Inc., v. NLRB, 321 F.3d 1190 (D.C. Cir.)] "A", a customer service employee at a Wal-Mart store in Oklahoma posted on his Facebook page while off duty "WuckFalmart! I swear if this tyranny doesn't end in this store they are about to get a wakeup call because lots are about to quit!" Two coworkers responded to A's postings with brief comments, and he replied with comments complaining that he was "chewed out" for putting merchandise in the wrong place. And, he wrote that he was going to talk to the store manager "about this shit cuz if it don't change Wal-Mart can ...."

When Wal-Mart learned of the Facebook posting the store suspended him for a day, making him ineligible for promotion for 12 months. "A" believes that his comments were protected concerted activities under Section 7 of the NLRA, and the discipline was a violation of Section 8(a)(1). The employer disagreed. Was this an unprotected individual "gripe" of an employee; or was it NLRA-protected concerted activity? [Wal-Mart, NLRB Div. of Advice, No. 17-CA-25030 (July 19, 2011)].

Reference no: EM131281076

Questions Cloud

What is a rich media ad : What is an online ad format? Why must marketers be familiar with the formats and understand what creating an online ad requires? What is a rich media ad? What benefits does it offer the marketer? Does it have any potential downsides? What are attitud..

Describe good strategies for managing email efficiently : A position description is an example of which form of communication? Describe good strategies for prioritizing tasks and meetings. Describe good strategies for managing email efficiently.

Last of the ten commandments for good listening : Which of the following is the first and last of the ten commandments for good listening? Henry just heard a rumor from one coworker. He immediately goes out to the water cooler and tells that rumor to the first person who happens to walk by. This rep..

Was given an unprotected individual gripe of an employee : Each stated his organizer status on his application.- Was this an unprotected individual "gripe" of an employee; or was it NLRA-protected concerted activity?

What are the 4 strengthening mechanisms of metals : ENGR 1210:What are the 4 strengthening mechanisms of metals

Determine the width of the merged canal : Explain physically (i.e., without using any equations) why it is expected that the width of the merged canal is less than the combined widths of the two original canals

Simulate the cell using spice from within cadence : Enter the Schematic of the CMOS Cell - Simulate the cell using SPICE from within Cadence starting from the extracted schematic.

Does the courts opinion give an unlimited right : Does the Court's opinion give an unlimited right to an employee to have a union representative present when the employee is being questioned?

User Account

All Pages