Section 4: Legal Case Study

Words: 608
Pages: 3
Open Document
Do these employer statements constitute an unlawful threat in violation of Section 8(a)(1) of the LMRA? Why or why not?
• Yes, under Section 8(a)(1) of the LMRA threatening employees with adverse consequences, such as loss of benefits if they support a union is not allowed. NLRB guarantees workers the right to join unions without fear of management retaliation. Employees have the right to self-organize, to form or to join and assist labor organizations without problems from the employers. Employers in the case study interfered, and coercion directly against the union in attempt to deter the employees to vote for the union.

2. Do the employer statements constitute an unlawful promise of benefits in violation of Section 8(a)(1) of the act? …show more content…
The employer states that the union will affect the benefits currently provided. The employer is threatening and forcing the employee to not go with the union. The employer is trying to directly influence the vote of the employee by diminishing the view of the union, and threatening to cut the current benefit packages.
3. Did the questioning or statements by either supervisor Bates or supervisor Lofton constitute unlawful interrogation in violation of Section 8(a)(1) of the act? Why or why not?
• Yes it was unlawful interrogation. As in the first question the supervisors were trying to get the employees to vote against the union. These supervisors were using scare tactics when threatening employees about their wage and benefits. When the plant manager promised to make things better if the union wasn’t involved seemed to be a false promise. When “Supervisor Lofton further asked Rogers if he knew that if the union won he could lose his benefits and told him he should think twice about voting for the union” a message with a threat and a warning.
4. Should the NLRB give consideration to its “Totality of Conduct” doctrine in reaching a conclusion about the alleged violations in this case? Explain your
Show More

Related Documents: Section 4: Legal Case Study

Hcmg730 Full Course (All Discussion, Reflections, Case Analysis and Final Assessment) Essay

HCMG730 full course (all discussion, reflections, case analysis and final assessment) Click Link Below To Buy: http://hwcampus.com/shop/hcmg730-full-course/ Week 1 Discussion Question 1 “Because Congress passed ARRA after passing HIPAA, any conflicting provisions between the two statues will be governed by the provisions of ARRA. The two statues can be reconciled because of a provision in ARRA that states any HIPAA statutory provision or regulation remains in effect to the extent that it…

Words 2080 - Pages 9

Introduction To Law School Studying

Studying: From Class Preparation to Exam Taking 2014 Academic Orientation for Incoming Students Regent University School of Law August 14, 2014 Professor Natt Gantt Director of Academic Success General Study Principles I. You’re not in college anymore . . . . Breadth of coverage of material Inductive case method approach to learning Testing on application of material Consider the following quotation about law school testing: “[F]orget about law for a moment. Assume instead that you are taking a graduate…

Words 7410 - Pages 30

Legal studies Essay

Finance Due to the interest in my Modern History essay guide, I have decided to come up with one for Legal Studies. Most people will notice that it is similar to my modern one – that is because essays for both of these subjects are similar in style and approach. As a general note, this guide is mainly designed for students who are struggling with essay writing. However, I have added a section with some advanced techniques for students who are looking to improve from a low band 6 to a high band…

Words 2128 - Pages 9

Law Assignment Essay

Case Study One Issues: Apply the 4 tests in Section 6(1) Income Assessment Act (ITAA) 1936 whether the taxpayers (Heath and Hayley) are residents or non-residents of Australia for tax purposes in the income year ended 30 June 2015? Whether Heath’s salary of $80,000 and Haley’s $3,000 wage incomes are assessable in the income year ended 30 June 2015? Whether the dividends of $20,000 AUD received in October and $5,000 AUD received in March from investments in Canada and the $3,000 dividends earned…

Words 2287 - Pages 10

Study Guide To Accompany Canadian Business And The Law

Study Guide to accompany Canadian Business and the Law, 5th edition Chapter 2 CHAPTER 2 THE CANADIAN LEGAL SYSTEM Objectives After studying this chapter, you should have an understanding of • the impact of the Canadian legal system on business • the role of constitutional law in protecting commercial rights and freedoms • the government’s law-making powers under sections 91 and 92 of the Constitution Act, 1867 • the executive’s formal and political functions in regulating business • the judiciary’s…

Words 5659 - Pages 23

Essay about Business and the Law

LEGT1710: Assignment One Semester 2, 2010 Part One a. Complete the UNSW Study Skills Tutorial – ELISE. Navigate to the UNSW library home page (www.library.unsw.edu.au), and select ELISE 2010 from the right-hand column. Pay special attention to the last slide of module 2 and modules 3, 4, 5 and 6. NOTE: As a UNSW student, it is your responsibility to be familiar with all topics covered by the ELISE tutorial. This includes correct academic citation and avoiding plagiarism. Ignorance of these…

Words 755 - Pages 4

Law and Law Reform Essay

| | | Preliminary Legal Studies The Individual and Technology Assessment Task No 2 In class essay | Date Handed Out:6/5/13 | Due Date: 23/5/12 | Weighting: 25% | Total Marks:20 | PREPARATION & SUBMISSION INSTRUCTIONS | Research and general preparation are to be completed in the lead-up to the in-class essay on 23rd May. This will include research time during normal classes. That is, THREE periods will be allocated for preparation…

Words 837 - Pages 4

VE Legal Studies

Unit 3 VCE Legal Studies – the Constitution and the protection of rights 1 A bill of rights which does not allow the courts to declare legislation invalid 2 A human right expressly protected in the Constitution – freedom of religion Section 3 A right that exits because courts have interpreted that it is implied or inferred in the wording of the Constitution 4 A human right expressly protected in Constitution – trial by jury (Cwlth cases) Section 5 USA Bill of Rights – what is the second amendment…

Words 336 - Pages 2

Alternative Dispute Resolution Essay

rules. The act conducts it in a judicial manner. Its voluntary but courts maintain a supervisory role as its open to challenge by judicial review. Section says agreement in writing. Employment protection act 1996 better acas than tribunal. Ombudsman gives award. Solicitor training. Only in 1998 where there more contracts than those qualified. Courts and legal services act 1990 they can join judiciary at all levels not just as circuit judges. Their salary is set by law society. Only 20 percent of barristers…

Words 1196 - Pages 5

Contract Law Essay examples

Answer applying IRAC to help with EC4003 Final Assessment When preparing for a law-based assessment here are a few pointers which students may find helpful. You will be given case studies well in advance of the assessment to enable you to identify and research the relevant legal issues. When analysing any law-based case study you may find it helpful to use the IRAC process (which can usually be found in module booklets and online via weblearn/Blackboard.) It is not suggested that you use IRAC as…

Words 2158 - Pages 9