T.W.E., a large manufacturer, prohibited its employees from distributing union leaflets to other employees while on the company’s property. Richard, an employee of T.W.E., disregarded the prohibition and passed out the leaflets before his work shift began. T.W.E. discharged Richard for his actions. Has T.W.E. committed an unfair labor practice? Explain.
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T.W.E., a large manufacturer, prohibited its employees from distributing union leaflets to other employees while on the company’s property. Richard, an employee of T.W.E., disregarded the prohibition and passed out the leaflets before his work shift began. T.W.E. discharged Richard for his actions. Has T.W.E. committed an unfair labor practice? Explain.
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- Jason Lasseigne, a Little League baseball player, was seriously injured at a practice session when he was struck on the head by a poorly thrown baseball from a team member, Todd Landry. The league was organized by American Legion Post 38. Claude Cassel and Billy Johnson were the volunteer coaches of the practice session. The Lasseignes brought suit on behalf of Jason against Post 38, claiming that the coaching was negligent and that Post 38 was vicari- ously liable for the harm caused by such negligence. Post 38 contended that it had no right to control the work of the volunteer coaches or the manner in which practices were conducted and as a result should not be held vicariously liable for the actions of the coaches. Decide. Please answer is the IRAC format Issue: Call of the QuestionRule: Rule of Law to be applied to properly answer the questionAnalysis:…Case6 Therien, an independent contractor, operated a trucking business. He drove one truck and hired drivers to operate the others. Therien was engaged in the business for several years and has been doing business with City Construction Company. Teamsters is a trade union within the definition of that expression in the Labour Relations Act. The City Construction Company entered into a collective agreement with the Teamsters’ Union requiring, as one of its terms, that all employees be union members. Therien agreed then to hire only union members for the operation of his truck. However, he declined to join the union personally because he wished to maintain his relation as an independent contractor in dealing with City Construction. He further claimed that, in the capacity of an employer in his own right, he was forbidden by the Labour Relation Code from participating in union activities. The union opposed his view, and because of the union’s threat to picket the City Construction, the…According to health and safety at work Act: “It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees”. It States that the duty of care of an employer to his employees was established in the civil courts. In many ways, the provisions of the Health and Safety at Work Act are an attempt to codify this duty as part of the criminal law regulating conditions in the workplace. Bearing this in mind, explain the duties required by the Health and Safety at Work Act?
- Title VII covers acts of discrimination, but not retaliation. True FalseImmar Medrano was employed as a journeyman electrician by Marshall Electrical Contracting, Inc. (MEC), in Marshall, Missouri. Medrano attended an electrician apprenticeship night class at a community college in Sedalia, Missouri. MEC paid Medrano’s tuition and book fees. Attendance at the course required Medrano to drive 70 miles round-trip. One night, when Medrano was driving home from the class, a drunk driver crossed the center line of U.S. Highway 65 and collided head-on with Medrano’s automobile. Medrano died in the accident. His wife and two children filed a workers’ compensation claim for death benefits against MEC. Are Medrano’s actions at the time of the automobile accident within the course and scope of his employment, thus entitling him to workers’ compensation benefits? Explain your answer.Annalise suffers from a mental illness but is nonetheless capable of working for the Office of Child Support in Wayne County. She was fired from her job when it was learned that she had misappropriated approximately $2,000 in state funds. Annalise filed a complaint with her union, claiming the DNR violated a state law against discriminating against someone because they suffer from a mental illness. The case went to arbitration, and the arbitrator concluded that Annalise had been dismissed without "just cause," because her acts were caused by her mental illness and were not “within her capacity to control." The county appealed the decision to a court. How should the court rule? a. The Court should reverse the arbitrator’s decision because the County’s dismissal of Annalise was not to discriminate against the mentally ill but because she knowingly misappropriated County money. b. The Court should void the arbitration agreement (meaning that the agreement is not…
- Thomas worked in the nonmilitary operations of a large firm that produced both military and nonmilitary goods. When the company discontinued the production of nonmilitary goods, Thomas was transferred to the plant producing military equipment. Thomas left his job, claiming that it violated his religious principles to participate in the manufacture of goods to be used in destroying life. In effect, he argued, the transfer to the military equipment plant forced him to quit his job. He was denied unemployment compensation by the state because he had not been effectively “discharged” by the employer but had voluntarily terminated his employment. Did the state’s denial of unemployment benefits to Thomas violate the free exercise clause of the First Amendment?World Color operated a printing plant. a written policy stated: “Baseball caps are prohibited except for [world Color] baseball caps.” The policy permitted employees to accessorize their uniforms “in good taste and in accordance with all safety rules.” The Graphic Communications Conference of the international Brotherhood of Teamsters filed an unfair labor practice charge with the NLRB claiming that the policy prohibited employees from wearing union insignia at work. it said world Color was interfering with its employees’ “right to self-organization, to form, join, or assist labor organizations, . . . and to engage in other concerted activities for the purpose of collective bargaining” as guaranteed by federal law. The NLRB agreed and world Color appealed. Was the baseball cap policy an unfair labor practice?Mark Young is the head of the painting department in a large hospital; 20 union employees report to him. Before coming on board at the hospital, he had worked as an independent contractor. At the hospital, he took a position that was newly created because the hospital believed change was needed in how painting services were provided. Upon beginning his job, Mark did a 4-month analysis of the direct and indirect costs of painting services. His findings supported the perceptions of his administrators that painting services were inefficient and costly. As a result, Mark completely reorganized the department, designed a new scheduling procedure, and redefined the expected standards of performance. Mark says that when he started out in his new job he was “all task,” like a drill sergeant who didn’t seek any input from his subordinates. From Mark’s point of view, the hospital environment did not leave much room for errors, so he needed to be strict about getting painters to do a good job…
- N.I.S. promoted John, a forty-two-year-old employee, to a foreman’s position while passing over James, a fiftyeight-year-old employee. N.I.S. told James that he was too old for the job and that the company preferred to have a younger man in the position. Discuss whether James will succeed if he brings a cause of action.Ms. T who was employed with Catamaran Inc. was caught in the act of stealing the company property of her employer. When Ms. T admitted to the commission of the said act to her manager, the latter advised her to just tender her resignation; otherwise, she would face an investigation which would likely lead to the termination of her employment and the filing of criminal charges in court. In the letter of dismissal, the employer also stated that Ms. T qualifications was not as good as those of the other employees and that when the company held a party in her honour for 20 years of service to the company, that she drank too much and had to be taken home by the company’s driver. Acting on her manager’s advice, Ms. T submitted a letter of resignation. Later on, Ms. T filed a case for constructive dismissal against her employer. While Ms. T conceded that her manager spoke to her in a calm and unforceful manner, she claimed that her resignation was not completely voluntary because she was told…Ms. T who was employed with Catamaran Inc. was caught in the act of stealing the company property of her employer. When Ms. T admitted to the commission of the said act to her manager, the latter advised her to just tender her resignation; otherwise, she would face an investigation which would likely lead to the termination of her employment and the filing of criminal charges in court. In the letter of dismissal, the employer also stated that Ms. T qualifications was not as good as those of the other employees and that when the company held a party in her honour for 20 years of service to the company, that she drank too much and had to be taken home by the company’s driver. Acting on her manager’s advice, Ms. T submitted a letter of resignation. Later on, Ms. T filed a case for constructive dismissal against her employer. While Ms. T conceded that her manager spoke to her in a calm and unforceful manner, she claimed that her resignation was not completely voluntary because she was told…