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Lesson 3: Employer Property and Employee Rights

Activities

  • Complete the Lesson 03 Quiz. (Individual Activity)
  • Complete the Lesson 03 Assignment. (Individual Activity)

    Please respond to each of these sections in the order in which they appear.

    Security Response to Possible Union Activity

    You’re just starting your work day at the Better Biscuits Company (BBC), a nonunion company located on the outskirts of town. Early this morning, you drove to its facilities and parked in front of the BBC complex, which faces the town’s main thoroughfare, Ford Avenue. As you log on to your computer, you get a call from an agitated security guard, who tells you the following:

    About ten people are walking around the parking lot putting leaflets under windshield wipers.Three people are standing on the covered porch entrance to the factory handing leaflets to anyone entering or leaving the building.Someone is standing on the sidewalk in front of the factory, also handling out leaflets.Three people are walking back and forth on Ford Avenue carrying some signs and apparently trying to talk to drivers turning into the parking lot.Two people are standing in a grassy field on the other side of Ford Avenue holding a large banner of some sort.

    The guard says that he’s not been able to get a good look at any of them, but they all seem to be wearing some kind of union jacket. He wants to know what he should do.

    Write an Action Plan

    Formulate an action plan that covers the following:

    Identify and describe the law that governs the facts that you have so far.Based on that law, to what extent does BBC have the right to eject the people described by the guard (or, to ask the police to remove them)?Do you need any additional information? If so, describe it and explain why you need it in light of the applicable law.

    As you sort through the possibilities and options, identify and describe

    the law that will determine what questions you need to ask,the instructions you may give the guard, andthe steps you’ll take depending on the answers to those questions.

    Be sure to provide specific identifying information for the statutes, cases (the name of the case and a citation), and legal principles that you reference.

     

    Manager Response to Possible Union Activity

    A few hours later, Ernesto, the plant manager, bursts into your office to tell you the following:

    Several hourly employees wearing union T-shirts and hats have been walking around the employee lunch room passing out leaflets, talking to other employees, and apparently asking them to sign some kind of card. He watched this activity through the wall of windows between the lunch room and the hallway.Although he watched for quite a while, Ernesto couldn’t get a good look at the leaflets or cards. Nor could he hear what the employees were saying, but it looked like they were trying to promote a union.When some of the employees wearing union T-shirts and hats left the lunch room, he followed them onto the plant floor, where they interrupted employees who were working, passed out leaflets and cards, and put some union stickers on plant equipment.Ernesto offers you a list of the names of the employees passing out the leaflets and cards and of the employees who appeared to be receptive to the material. He also offers to show you the pictures that he took of the lunch room and plant floor activity.Ernesto intends to confiscate the cards and call a mandatory meeting of all hourly employees, where he intends to ask each employee whether they support a union and set them straight if they answer in the affirmative.He intends to order the employees to refrain from passing out any cards, leaflets, or other union literature on company property and to ban union T-shirts and hats.Finally, he wants to discipline any employee who fails to follow his directives. Write an Action Plan

    Formulate an action plan that covers the following:

    Identify and describe the law that governs the facts that you have so far.Based on that law, how would you respond to each element of the plant manager’s proposed plan of action?Is there anything else that you would bring to his attention, either by way of a caution or otherwise?Do you need any additional information to formulate your thoughts? If so, what is it and why do you need it?

    Please provide specific identifying information for the statutes, cases (the name of the case and a citation), and legal principles that you reference.

This is the end of this lesson. Check your Syllabus for the time frame of the next lesson.


 


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