Legal Unions: Select And Read One Of The Following Case Stud

Legal Unionsselect And Read One Of The Following Case Studies Locat

Legal & Unions Select and READ one of the following case studies (located in your textbook): CASE 10-1 WILLFUL VIOLATION, OR A PROBLEM THAT CAN BE CORRECTED? CASE 10-2 CONSTRUCTIVE DISCHARGE AND REINSTATEMENT OF STRIKERS Next, analyze the case and provide an overview of key points or discussions. An overview is not a detailed description or regurgitated statements from the case, but instead key points in the case. Then, make 2 recommendations for improvements for any parts of the case (think like an HR leader). Saying that someone should have did this, or what you would have done are not considered improvements. NOTES: You may only have no more than two references for your response and each must be appropriately cited in the words.

Paper For Above instruction

In this paper, I will analyze two case studies from the realm of labor relations and human resources management, focusing on key points and offering recommendations for improvement. The first case, "Willful Violation, or a Problem That Can Be Corrected," involves Sandy Clark, a sanitation worker at Healthy Meals Company, whose accidental injury during cleaning procedures led to her termination for alleged willful safety violations. The second case, "Constructive Discharge and Reinstatement of Strikers," involves union members at Pearl Refining Company, particularly Gene Roberts, who experienced what is termed a constructive discharge following managerial directives and subsequent union actions.

Case 10-1: Willful Violation, or a Problem That Can Be Corrected?

The first case centers on Sandy Clark, a long-term employee at Healthy Meals Company, who was terminated after an accidental injury during her cleaning shift. The key points highlight the importance of proper safety procedures, employee training, and the company's disciplinary actions. The company alleged a willful violation because Sandy did not unplug and lock out the equipment before cleaning, as required by safety protocols. However, Sandy argued that she had been trained according to standard procedures, and her accident resulted from a reflex action rather than negligence. Her tenure without prior safety violations and her willingness to learn from her mistake serve as mitigating factors.

A significant discussion point relates to whether her accidental breach constitutes a willful violation or an understandable mistake. The case questions if the company's punitive response was appropriate or if a corrective approach could have been more effective. From an HR perspective, it emphasizes the need for clear communication of safety policies and the importance of consistent training for all employees.

Case 10-2: Constructive Discharge and Reinstatement of Strikers

This case presents Gene Roberts, a refinery worker who, under managerial pressure, felt compelled to leave his job, which the union claims was a constructive discharge, and the subsequent strike action taken by union members. Roberts was assigned to a different shift at a different location, which he refused, stating his preference to remain in his current position. Manager Conway's handling of the situation, including his confrontational approach and apparent assumption of resignation by Roberts, resulted in Roberts's departure. The workers’ strike was initiated when they believed Roberts was unfairly discharged and that their jobs were filled without proper reinstatement procedures.

The investigation by the National Labor Relations Board (NLRB) would focus on whether Roberts's departure was a forced resignation due to employer conduct and whether the employer engaged in unfair labor practices. The distinction between 'constructive discharge' and 'wrongful discharge' is critical; the former involves a work environment so intolerable that a reasonable person would resign, while the latter involves wrongful termination for violations of law or contract.

The key factors for the NLRB's consideration include managerial conduct, the employee's perception of coercion or intimidation, and whether the employer's actions were intended to force the employee to resign. To prove constructive discharge, it must be shown that the employer's conduct was intentionally hostile or unreasonable to the extent that resignation was the only reasonable option. Regarding strikes, economic strikes are driven by economic grievances, with employees typically reentering once the dispute is resolved, whereas unfair labor practice strikes are directly related to employer violations of labor law, with reintegration rights potentially protected under law.

Recommendations for Improvement

For the first case involving Sandy Clark, a key improvement would be to implement comprehensive and ongoing safety training programs that emphasize the importance of lockout/tagout procedures and hazard recognition. Regular refreshers and audits could ensure that all employees, regardless of tenure, fully adhere to safety protocols, reducing the likelihood of accidents and potential disciplinary issues. Additionally, establishing a clear, written safety policy communicated effectively across all shifts and departments could mitigate misunderstandings and support fair disciplinary actions.

In the second case concerning Gene Roberts, an essential improvement would involve establishing formal protocols for reassignment or transfer requests that consider employee preferences and safety concerns. Management should develop clear guidelines for handling such requests, ensuring that employees are adequately consulted, and decisions are made transparently. This approach could prevent perceptions of coercion or unfair treatment, ultimately reducing the risk of constructive discharge claims and maintaining union relations. Training managers in conflict resolution and legal compliance regarding employee rights would further help in managing difficult staffing decisions.

References

• Mindick, C. (2012). Human Resource Management: Strategies and Practice. Pearson Education.
• Gross, D. (2011). Labor Relations and Collective Bargaining. McGraw-Hill Education.