We don’t have a union. Why is the attorney talking about the NLRA?

HRMD 620

Week 3

Exam #1

Note: Submissions will not be accepted after grades for this assignment have been posted.  Alternate assignments are not available.

This early assignment should give you a chance to check your understanding of the course material so you can change, if needed, before the semester progresses too far. This test is not intended to cover all the key points about the material you’ve read in the first three weeks; the reading material we’ve had so far may also be included in following, more extensive tests.

Instructions: Each class is likely to be different. If you assume you know what is required, you may make a mistake that can be avoided just by reading the instructions.

· Post your essay response in your individual assignment folder by the due date listed in the Course Schedule. Please post on time to avoid the 5% per day late penalty required by departmental policy.Remember the late window begins at 12:00 a.m. the next day. Please don’t ask me after the deadline to waive a late penalty. If you’re having a problem that matches the criteria in the grading policy, contact me before the deadline. I help when I can. (See the Grading Information in the syllabus.)

· Please work alone; this is not a group assignment.

· Do not use a cover sheet. Just be sure your name is on the essay response.

· Remember to use a Word .doc or .docx file format to ensure I can open your work. (See the Grading Information in the syllabus.)

· Please do use APA to reference your essay/case response. Create a reference list at the end and use the (author, year) format within the text; or, if it is a direct quote, the (author, year, page number) format.Pleasedo not start a new page only for the reference list; just space down after your last response.

· Please realize that I cannot answer questions that are actually part of the test itself. That violates testing methodology. I can address “administrative type” questions. Post questions to the Exam 1 discussion area (vs. email) so everyone will have the same information.

· Please be sure you have submitted the document you intended. Double-check by opening your document in your folder after you’ve submitted it.

Tips for Success

Be sure you have answered all the questions. From time to time, I see students number incorrectly or omit questions.

Allow sufficient time to think, revise, and think again about your answers before producing the final document. As soon as you have the exam, read what is needed. During the week, think about how to answer the questions. Jot down ideas to consider. Create an outline of the content you want to include in the written portion. Then, assemble the parts into a coherent response.

Use the free writing support tools that are accessed via the classroom. Allow enough time for the writing tutors to assist. Access to that service is in the Content area.

Case Analysis – Real Estate

Tuesday morning, the Chief Executive Officer for Jackson Miller Properties inspected her daily mail. In it was a letter from Attorney Malik Davis, a well-known local lawyer specializing in employment law. He is writing on behalf of two clients: Mr. Matt Evans and Ms. Jennifer Dawson. He requests a meeting to see if satisfactory arrangements can be made for these two terminated employees before they file charges with the NLRB, saying they were terminated unlawfully. Section 8(a)1 will be cited for the violation.* In preparation for the meeting, the CEO asks the HR Director for a briefing on each case. She wants to know:

1) We don’t have a union. Why is the attorney talking about the NLRA?

2) The two workers bad-mouthed the company on Facebook, right? How does that relate to the NLRA? What are the legal criteria in the NLRA?

3) If the NLRB pursues this, what will be the company’s legal argument(s) to justify each termination?

4) What will each employee argue?

5) Are we likely to win? What should I tell the attorney when I meet with him?

After reviewing the facts, explain what the company’s decision should be for each case by answering the five questions above. Also explain any remedies that are needed. Be sure to identify the legal concepts involved and use details from the case to show evidence in support of your position. Please limit your analysis to 2-3 double-spaced pages total. Use APA for in-text citations and end references.

*This is a simplification of how it would be filed, but it should help you do the analysis.

Employee Handbook

Section 5: Employment at Will

Employment is on an at-will basis. A written contract, signed by the CEO of the company, is needed to change that status.

Section 8: Courtesy Policy

Courtesy is the responsibility of every employee. Everyone is expected to be courteous, polite and friendly to our customers, vendors and suppliers, as well as to their fellow employees. No one should be disrespectful or use profanity or any other language which injures the image or reputation of the company.

Employee Performance Record

Disciplinary Report

Employee Name: Mr. Matt Evans

Employee ID: 47958

Position: Sales Representative

1. Date: 2/22/19 2. Supervisor: Mr. Jack Bolden
3. Type of Disciplinary Action: (1) _____Verbal Warning (2) _____Written Warning (3) _____Suspension (4) __x__ Termination 4. Occurrence: (1) __x___ Initial (2) _____ Repeat
5. Related Provisions: Employee Handbook — Sections 5 (at-will) and 8 (courtesy policy) – See attached.
6. Related Evidence: Facebook postings — (See attached.)
7. Description of Behavior: Mr. Evans posted disparaging comments about the company on Facebook. He mocked the provisions of the promotional sales event held on 2/16/19.
8. Actions Date: 2/21/19, 4:30 p.m. – Disciplinary interview in HR office Participants: Mr. Evans, employee; Mr. Bolden, supervisor; Ms. Buthel, HR Director Ms. Buthel showed the Facebook postings to Mr. Evans and confirmed that he posted them. Mr. Evans argued that they were on his personal account and “not anyone’s business.” Mr. Bolden reminded him that disparaging remarks are against company policy, to which Mr. Evans said, “So the truth is offensive, right?” Mr. Bolden replied that the provisions are not Mr. Evans’ responsibility. Ms. Buthel asked Mr. Evans if there was anything more he would like to say about the postings. He declined. Date: 2/22/19, 9:30 a.m. — Ms. Buthel informed Mr. Evans in person and in writing that his employment was terminated, effective immediately.

Receipt of Employee Handbook

I have received the Employee Handbook. I understand that management may change it and that it is my responsibility to stay current with the provisions.

I understand that I am an at-will employee and that no company communication shall change that status. The company may terminate me without reason at any time, and I can terminate my employment at any time. I understand that only the CEO has authority to change the employment-at-will status. Such a change must be in writing and officially signed by the company.

____Matt Evans_____________________

Employee’s Name in Print

____Matt Evans___________

Employee’s Signature

_____3/6/17__________________

Date Signed by Employee

TO BE PLACED IN EMPLOYEE’S PERSONNEL FILE

Facebook Postings

The title of the 2/16/19 posting is “Why my commission is so low!” On the first page, Matt posted:

How can I earn a decent living when they “promote” an upscale development like Seaside Estates with paper plates, plastic forks, and bottled water!” The units are really nice—wouldn’t mind having one myself, but the brochures look as cheap as our faded, write-your-own-name business cards. (They don’t print our names because people don’t stay.) When I told them this in a staff meeting, my boss flashed me another dirty look. Other sales reps echoed the concern. I asked how we can get the PR materials changed, but Warden Bolden just snarled, “I think there is an opening in the marketing department, Mr. Evans. Or, maybe you’d like selling for Rockland Enterprises instead.” I didn’t get any leads from this event. I’ve about had it with this place. It sucks!

Following his post were comments from family and friends, a few of whom are co-workers. “Sounds awful!” “Hope it gets better!” “Maybe Bolden is the one who needs to go!” “I’m with you on that!”

Employee Performance Record

Disciplinary Report

Employee Name: Ms. Jennifer Dawson

Employee ID: 36820

Position: Sales Representative

9. Date: 3/29/19 10. Supervisor: Mr. Jack Bolden
11. Type of Disciplinary Action: (1) _____ Verbal Warning (2) _____ Written Warning (3) _____Suspension (4) __x__ Termination 12. Occurrence: (1) __x___ Initial (3) _____ Repeat
13. Related Provisions: Employee Handbook — Sections 5 (at-will) and 8 (courtesy policy) – See attached.
14. Related Evidence: Facebook postings — (See attached.)
15. Description of Behavior: Ms. Dawson posted disparaging comments about another division of the company on Facebook. She mocked the accident at the Bridgestone site, which handles commercial buildings, on 3/15/19.
16. Actions Date: 3/27/19, 4:30 p.m. – Disciplinary interview in HR office Participants: Ms. Dawson, employee; Mr. Bolden, supervisor; Ms. Buthel, HR Director Ms. Buthel showed the Facebook postings to Ms. Dawson and confirmed that she posted them. Ms. Dawson argued that they were on her personal account and did not represent an official statement. Mr. Bolden reminded her that disparaging remarks are against company policy. Further, he reported that he had had several negative calls from competitors and suppliers about the postings. Ms. Dawson apologized. Ms. Buthel asked Ms. Dawson if there was anything more she would like to say about the postings. She declined. Date: 3/29/19, 9:30 a.m. — Ms. Buthel informed Ms. Dawson in person and in writing that her employment was terminated, effective immediately.

Receipt of Employee Handbook

I have received the Employee Handbook. I understand that management may change it and that it is my responsibility to stay current with the provisions.

I understand that I am an at-will employee and that no company communication shall change that status. The company may terminate me without reason at any time, and I can terminate my employment at any time. I understand that only the CEO has authority to change the employment-at-will status. Such a change must be in writing and officially signed by the company.

____Jennifer Dawson_____________________

Employee’s Name in Print

____Jennifer Dawson___________

Employee’s Signature

_____8/6/16__________________

Date Signed by Employee

TO BE PLACED IN EMPLOYEE’S PERSONNEL FILE

Facebook Postings

The title of the 3/16/19 posting is: “A slam dunk!” On the first page, Jennifer posted:

Did you hear the newest way to impress a customer? The Sales Manager at JM – Bridgestone Commercial Division was escorting a prospective client for the vacant shop in the complex east of town. He took the buyer to the shop by golf cart, part of the quaint atmosphere in that community. When he rounded the pond in front of the store, he took the curve too fast and–plop! He threw his client into the mud! Her briefcase fastballed to the water’s edge, hovered a second, then drown out of sight.

Following her post were comments from family, friends, and colleagues from previous jobs in the industry. “I hope she wasn’t hurt.” “What happened to Speedy?” “Isn’t that just standard operating procedure for that crew?” “Remind me never to ride with him!”