Preview

Case Study 2 1 Assignment

Satisfactory Essays
Open Document
Open Document
595 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Case Study 2 1 Assignment
Case Study 2-1 Assignment
1.) Do you believe Fortin was the victim of antiunion discrimination by her employer? Why or why not?
No, I do not believe Fortin was the victim of antiunion discrimination by her employer. I believe that the employer should be allowed to punish Fortin for the work that was underperformed and not met to the expected standard. I believe that because this overlapped with Fortin’s involvement with the union events, this made her not have as much focus as should have on her job. Certain jobs require you to have more focus on solely the job but Fortin did not appear to focus exclusively on just her job she was focused on union actions as well. I believe too much was focused on her union attitude and spirit rather than just her job and the performance.
2.) Fortin’s supervisor had no knowledge of her union activity but laid her off on the basis of her poor performance evaluation. Give reasons why a court should uphold or override the supervisor’s decision.
I believe the court should uphold the supervisor’s decision. One of the reasons why I believe this is because the worker was not fired, if was fired then would be different situation. But because was laid off the court should uphold the supervisor’s decision. The given layoff was not a punishment of an action, it was more due to financial action. There is no sign showing that the employee, Fortin would or would not have been laid off irrespective of Fortin’s past history. This is why I believe that the court should uphold on the supervisor’s decision instead of overriding the supervisor’s decision.
3.) Explain why you think employers still resist unions 70 years after the passage of the National Labor Relations Act.
I believe there are some legitimate reasons why employers still resist unions 70 years after the passage of the National Labor Relations Act. One reason why is employers believe that at times the unions impact the employees negatively by not motivating them enough to

You May Also Find These Documents Helpful

  • Good Essays

    FACTS: (Only list the relevant facts that apply to the issue). The Lovington Good Samaritan Center, Inc. terminated Mrs. Mitchell on June 4, 1974 for ‘misconduct.’ On June 12, 1974, Mrs. Mitchell applied for unemployment compensation benefits and was initially disqualified from seven weeks of benefits by the Unemployment Security Commission. Mrs. Mitchell filed an appeal, the Appeal Tribunal reversed the Unemployment Security Commission’s decision and Mrs. Mitchell’s benefits were reinstated. On September 13, 1974, the Lovington Good Samaritan Center appealed the decision and the Commission overruled the Appeal Tribunal and reinstated the seven week disqualification period. Mrs. Mitchell then applied for and was granted certiorari (a writ or order by which a higher court reviews a decision of a lower court) from the decision and ordered the benefits reinstated.…

    • 340 Words
    • 1 Page
    Good Essays
  • Good Essays

    Lilly Ledbetter was one of the very few female supervisors at the Goodyear Tire & Rubber Co. plant in Gadsden, Alabama, and she worked at that plant for nineteen years, from 1979 till her retirement in 1998. Initially, when she started working for the company, her pay was equal to that of the other male supervisors. However, as time passed the pay discrepancy between Ledbetter and her 15 male counterparts was stark: the lowest she received was $3,727 per month, while the lowest paid male received $4,286. Thus, after realizing this Mrs. Ledbetter filed an official complaint before the EEOC in March 1998, stating that Goodyear violated the Title VII as they paid her a discriminatory low salary due to her sex. After she filed an official complaint, her case went to trial, and the jury concluded that the pay disparity was due to intentional discrimination. However, the Court of Appeals for the Eleventh Circuit reversed the jury verdict, as it claimed Mrs. Ledbetter’s’ case was not filed in time, as the original discriminatory pay decision occurred before the statutory limitations of 180 days.…

    • 751 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In the case of Wittenburg v. American Express Financial Advisors, Inc. (AEFA), Bonnie Wittenburg was an employee for AEFA in their Minneapolis office. The plaintiff was hired by the company in November of 1998 at the age of forty-six to serve as an Equity Research Analyst in AEFA's Equity Investment Department. During a reduction in force by the defendant in 2003, the plaintiff was terminated. In January of 2004, the plaintiff filed a charge with the Equal Employment Opportunity Commission and received her Notice of Right to Sue on January 30, 2004. The plaintiff filed suit on February 13, 2004 alleging that she was discriminated and retaliated against by the defendant as a result of her age and gender. AEFA moved for a summary judgment.…

    • 463 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Chapter 39 Questions

    • 608 Words
    • 2 Pages

    This case involves itself within The National Labor Relations Act (NLRA). The NLRA allows employees the right to form a union, to bargain collectively through a representative chosen on their own, and etc. Hence, employers have their rights but also obligations under the NLRA. The NLRA does not allow employers to discriminate or take part in any unfair…

    • 608 Words
    • 2 Pages
    Good Essays
  • Good Essays

    In her charge with EEOC she claimed "I have been discriminated against because of my sex, female and retaliated against for complaining of discrimination in violation of Title VII section 704(a) of the Civil Rights Act of 1964 as amended." (EEOC)…

    • 736 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Do you believe Fortin was the victim of antiunion discrimination by her employer? Why or why not?…

    • 747 Words
    • 3 Pages
    Good Essays
  • Good Essays

    For starters, when it came to the interviewing process, there were 5 white officials and 1 black which showed that the room was not balance. Next, when it came to the scoring, he received lower scores than the whites. The next issue that showed discrimination was when it came to the attendance record of the workers. Two of the workers who were Caucasian, had the same attendance as Dunlap, and they received a better ranking. Also, Dunlap had a perfect safety record and received a score of a 4; while a white applicant who was at the job for eleven, had 2 accidents within those years and received a score of…

    • 1228 Words
    • 5 Pages
    Good Essays
  • Better Essays

    The legal issue in this case is about David Dunlap the plaintiff who has been faced with discrimination on the basis of race in the interview at Tennessee Valley Authority (TVA) during the employment process of this company. Mr. Dunlap is an African American man whom has worked for many years as foreman through contract for the union. He has worked as a contractor with the union at Tennessee Authority as a boiler man for over twenty years including fifteen years as a foreman. He has applied for employment at TVA numerous times since 1970 and was not once offered an interview. Mr. Dunlap has established that regardless of experience and during the hiring development, the company has allowed racial favoritism. The court has to recognize if the business is legally responsible under title VII of the civil rights act of 1964 for racial bias with intent. Mr. Dunlap has claimed the case under disparate impact and disparate treatment investigation. (Walsh, 2010)…

    • 1097 Words
    • 5 Pages
    Better Essays
  • Good Essays

    In every case involving a minority defendant, it is a good policy to insure that no discrimination was involved at any point. The evidence is just too strong that, even in the 21st century discrimination is still present in our justice system. However, while it is obvious that must be an issue in some cases almost all the evidence in this case points to the defendants…

    • 741 Words
    • 3 Pages
    Good Essays
  • Good Essays

    | |discrimination based on race, |of people” put of a particular job was| |origin. The EEOC could file civil |…

    • 1359 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    Case Study Assignment

    • 395 Words
    • 2 Pages

    6. What effect did the United States Supreme Court’s decision have on the Texas statute?…

    • 395 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Unions are very prevalent in the United States now so then it has been in the past year. Labor union s are most associated with Democratic Party and supports them during election. Labor union representatives are responsible for collectively bargaining over wages, benefit, working conditions, and represent employees when disputes arises with their management over violations. When unions are powerful, they boost the incomes of not only their members but also of nonunion workers in their sector or region. Unions have been around for a long time, since before World War I, but employers were not obligate to adhere to any laws are policies. Collective bargaining was allowed for railroad employees by the federal government acting under the power of the Commerce Clause. The great depression brought about the creation of the National Labor Relations Act (1935) which resulted from previous legislation called the National Industrial Recovery Act. Union membership grew during this time as America was changing from an agricultural society to an industrial society (Madison, 2014).…

    • 282 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Employers must understand that the persons who evaluate and decide the outcome of employment discrimination cases (the EEOC investigator, federal or state judge, and/or jury) have keen senses of fairness and expect that employees will be treated in a fair manner. As a result, employers are exposed to substantial liability for any acts, including perceived acts, of discrimination in the workplace. Employers should take any charge of discrimination seriously and the employer must keep in mind that, at a minimum, it needs to have a legitimate, non-discriminatory reason for taking the action in question. In addition, an employer's response will be evaluated by persons who have a different perspective than the employer. What…

    • 964 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Ap Synthesis Essay

    • 797 Words
    • 4 Pages

    It’s common knowledge that most business owners would prefer to keep unions out of their businesses. The list of reasons for their anti-union stance is probably familiar to most people, and includes:…

    • 797 Words
    • 4 Pages
    Good Essays
  • Best Essays

    Nursing Labor Movement

    • 2256 Words
    • 10 Pages

    Dating back to the beginning of the industrial revolution, the American Labor movement in the United States began its existence due to poor working conditions and exploitation during the beginning of that time. Labor unions in the United States today function as legally recognized representatives of workers in numerous industries, but in recent years have seen their greatest growth among service sector and public sector workers. Activity by labor unions in the United States today centers on collective bargaining over wages, benefits, and working conditions for their membership and on representing their members if management attempts to violate contract provisions. Although down from the peak membership they achieved in the third quarter of the twentieth century, American unions also remain an important political factor, both through mobilization of their own memberships and through coalitions with like-minded activist organizations around issues such as immigrant rights, trade policy, health care, and living wage campaigns. (Labor, 2007)…

    • 2256 Words
    • 10 Pages
    Best Essays