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RMD 620<\/strong><\/p>\n Week 3<\/strong><\/p>\n Exam #1<\/strong><\/p>\n Note: Submissions will not be accepted after grades for this assignment have been posted.\u00a0 Alternate assignments are not available.<\/p>\n 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.<\/strong> This test is not intended to cover all the key points about the material you\u2019ve read in the first three weeks; the reading material we\u2019ve had so far may also be included in following, more extensive tests.<\/strong>\u00a0<\/p>\n Tips for Success<\/strong><\/p>\n Be sure you have answered all the questions. \u00a0From time to time, I see students number incorrectly or omit questions.<\/p>\n Allow sufficient time to think, revise, and think again about your answers before producing the final document. \u00a0As soon as you have the exam, read what is needed. \u00a0During the week, think about how to answer the questions. \u00a0Jot down ideas to consider. \u00a0Create an outline of the content you want to include in the written portion. \u00a0Then, assemble the parts into a coherent response.\u00a0<\/p>\n Use the free writing support tools that are accessed via the classroom. \u00a0Allow enough time for the writing tutors to Help. \u00a0Access to that service is in the Content area.\u00a0<\/p>\n Part A<\/strong> \u2013 Knowledge Check \u00a0(20% of the test; 2 points each)<\/p>\n 8.<\/strong> T or F:<\/strong> \u00a0Overall union density has decreased since the 1970s because the private sector<\/p>\n \u00a0growth has increased while the public sector membership has declined.<\/p>\n 9.<\/strong> T or F:<\/strong> \u00a0Current U.S. labor law is based on the assumption that a balance between<\/p>\n \u00a0\u00a0\u00a0management\u2019s and labor\u2019s power benefits society in general.<\/p>\n 10. T or F:<\/strong> \u00a0Property rights are a major basis for management\u2019s authority and control.<\/p>\n Part B<\/strong> \u2013 Case Analysis (18% of the test; 3 points each)<\/p>\n T or F:<\/strong> \u00a0The concerted activity provision of NLRA Section 7 would protect this group of Helpants if they encountered retaliation for challenging the supervisor\u2019s direction. Two weeks later, the 6 workers were terminated. \u00a0They were the only employees to be let go. \u00a0They were surprised and began to compare notes. \u00a0They knocked on the HR Director\u2019s door to ask for an explanation. \u00a0The HR Director explained that the company appreciated their contributions but reminded them that, as they acknowledged when they were hired, their employment was at-will. \u00a0That meant the company did not need to give a reason and there was nothing more to be done. <\/p>\n T or F<\/strong>:<\/strong><\/u> \u00a0The HR Director\u2019s explanation that the state\u2019s employment-at-will doctrine will be the legal framework to govern this scenario was correct. \u00a0\u00a0\u00a0<\/p>\n<\/li>\n T or F:<\/strong> \u00a0If management fired them for gambling at work, the NLRA Section 7 concerted activity provision would protect this group.<\/p>\n \u00a0<\/p>\n<\/li>\n T or F:<\/strong> \u00a0If Paula filed a complaint under the NLRA, the Section 7 concerted activity provision would protect her. T or F:<\/strong> \u00a0The letter meets the legal criteria for a concerted activity. Unauthorized Interviews: As a means of protecting yourself and the company, no unauthorized interviews are permitted to be conducted by individuals representing themselves as attorneys, peace officers, investigators, reporters, union representatives, or someone who wants to \u201cask a few questions.\u201d If you are asked questions about the company or its current or former employees, you are not permitted to speak as a representative of the company. Please refer that individual(s) to your supervisor. A decision will then be made as to whether that individual may conduct any interview and they will be introduced to you by your supervisor with a reason for the questioning. Similarly, if you are aware that an unauthorized interview is occurring at the company, immediately notify your supervisor.<\/p>\n T or F:<\/strong> \u00a0Having this rule is illegal under the June, 2018 NLRB\u2019s guidelines. \u00a0\u00a0 Part C<\/strong> \u00a0– Case Analysis (62% of the test) \u00a0<\/p>\n In the case below, an employee files a Section 8(a)1 complaint with the NLRB against his employer for firing him. \u00a0The employer asserts that it has terminated the employee lawfully. \u00a0After reading the facts of the case, explain what the decision should be (who should win).<\/strong> Also explain any remedies that are needed.<\/strong> Be sure to identify the legal concepts involved and use details from the case to show evidence in support of your position.<\/strong> Please limit your analysis to 2-3 double-spaced pages.<\/strong>\u00a0<\/p>\n Tip \u2013 Consider:<\/strong><\/u><\/p>\n Car Dealer\u2019s Case<\/strong><\/p>\n Organization<\/strong><\/u><\/p>\n This company has two dealerships in Springfield, Illinois; one sells trucks, and the other sells luxury cars.<\/strong> Jack, the employee who was fired, began working at the truck dealership in 2002.<\/strong> He changed to the luxury dealership in 2008 where he worked until he was fired in 2014.<\/strong> <\/p>\n People Involved<\/strong><\/u><\/p>\n Compensation Plan<\/strong><\/u><\/p>\n There are three contributing elements to the pay of the salespersons: the first is a 25-percent commission of the profit derived from the sale of the vehicle, the profit being the difference between the selling price and the cost of the vehicle. The second element is based upon volume; in order to qualify for this bonus, the salesperson must sell 12 cars in a month, including, at least, 2 used cars. The final element is the Customer Satisfaction Index, which is based upon survey questionnaires sent to customers who purchased a car.<\/strong> <\/p>\n Employee Handbook<\/strong><\/u><\/p>\n The employee handbook included the following rule:<\/strong><\/p>\n (b) Courtesy: 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 Dealership.<\/strong><\/p>\n Facebook Postings<\/strong><\/u><\/p>\n The event pages are entitled: \u201c(luxury) 2014 5 Series Soiree.\u201d<\/strong> On the first page, Jack posted:<\/strong> \u201cI was happy to see that (dealer) went \u2018All Out\u2019 for the most important launch of a new (luxury car) in years . . . the new 5 series. A car that will generate tens in millions of dollars in revenues for the dealer over the next few years. The small 8 oz bags of chips, and the $2.00 cookie plate from Sam\u2019s Club, and the semi fresh apples and oranges were such a nice touch . . . but to top it all off . . . the Hot Dog Cart. Where our clients could attain an overcooked wiener and a stale bun.\u201d Underneath were comments by Jack\u2019s relatives and friends, followed by Jack\u2019s responses. On the following page there is a picture of Dutch with his arm around the woman serving the hot dogs, and the following page has a picture of Dutch with a hot dog. Page 4 shows the snack table with cookies and fruit.<\/strong> Page 5 shows one of the sales people holding bottles of water, with a comment posted by Jack:<\/strong> \u201cNo, that\u2019s not champagne or wine, it\u2019s 8 oz. water. Pop or soda would be out of the question.\u201d<\/strong> In this photo, a salesperson is seen coveting the rare vintages of water that were available for our guests. Page 6 shows the sign depicting the new luxury 5 Series car with Jack\u2019s comment below: \u201cThis is not a food event. What ever made you realize that?\u201d The final two pages again show the food table and Dutch holding a hot dog.<\/strong><\/p>\n The pictures of the truck accident, as well as Jack\u2019s comments, on the Facebook page were: The caption is \u201cThis is your car: This is your car on drugs.\u201d The first picture shows the car, the front part of which was in the pond.<\/strong> The salesperson with a blanket around her is sitting next to a woman, and a young boy is holding his head.<\/strong> Jack wrote, \u201cThis is what happens when a sales person sitting in the front passenger seat (Former Sales Person, actually) allows a 13 year old boy to get behind the wheel of a 6000 lb. truck built and designed to pretty much drive over anything. The kid drives over his father\u2019s foot and into the pond in all about 4 seconds and destroys a $50,000 truck. OOOPS!\u201d<\/strong> There are a number of comments on the first page, one of which was from an employee of the company in the warranty department, stating: \u201cHow did I miss all the fun stuff?\u201d On the second page, under the photo of the car in the pond, Jack wrote: \u201cI love this one . . . The kid\u2019s pulling his hair out . . . Du, what did I do? Oh no, is Mom gonna give me a time out?\u201d Below, there were comments from two of the company\u2019s employees.<\/strong> On a separate Facebook page, one of a service advisor employed by the company, there was Jack\u2019s picture of the car in the pond with the service advisor\u2019s own comment: \u201cFinally, some action at our truck store.\u201d<\/strong><\/p>\n Sequence of Events<\/strong><\/u><\/p>\n Unless otherwise noted, the parties essentially do not dispute these facts.<\/strong> Unless otherwise indicated, all dates referred to here are for 2014.<\/strong> Sometime between June 5 and June 9<\/p>\n All the sales people met in Sam\u2019s office to discuss the upcoming event. \u00a0Sam told them about the event, the incentives being offered, and what was expected of them. \u00a0Sam testified that someone asked about the food but he doesn\u2019t remember what was said. \u00a0He did say the sales people rolled their eyes \u201cin amazement.\u201d \u00a0Jack testified this scenario: \u00a0He told Sam, \u201cI can\u2019t believe we\u2019re not doing more for this event.\u201d Greg said the same thing and added: \u201cThis is a major launch of a new product and . . . we just don\u2019t understand what the thought is behind it.\u201d Sam responded: \u201cThis is not a food event.\u201d After the meeting the sales people spoke more about it and Greg told Jack that at a competing luxury car\u2019s dealership they served hors d\u2019oeuvres with servers. \u00a0Greg also said, \u201cWe\u2019re the bread and butter store in the auto park and we\u2019re going to get the hot dog cart.\u201d As to why this was important, Jack testified: Everything in life is perception. X [ is] a luxury brand and . . . what I\u2019ve talked about with all my co-workers was the fact that what they were going to do for this event was absolutely not up to par with the image of the brand, the ultimate driving machine, a luxury brand. And we were concerned about the fact that it would . . . affect our commissions, especially in the sense that it would affect . . . how the dealership looks and, how it\u2019s presented . . . when somebody walks into our dealership . . . it\u2019s a beautiful auto park . . . it\u2019s a beautiful place . . . and if you walk in and you sit down and your waiter serves you a happy meal from McDonald\u2019s. The two just don\u2019t mix . . . we were very concerned about the fact . . . that it could potentially affect our bottom line.<\/p>\n June 9<\/p>\n The car promotion event occurred at the luxury dealer. \u00a0The car being introduced was a new model in their \u201cbread and butter\u201d line. \u00a0The event was significant enough for the car manufacturers to attend and help sell to the customer. \u00a0Jack took pictures of the sales people holding hot dogs, water and Doritos and told them that he was going to post the pictures on his Facebook page. \u00a0\u00a0<\/p>\n June 14<\/p>\n At the company\u2019s truck dealership, an accident occurred. \u00a0A salesperson was showing a customer a truck and allowed the customer\u2019s 13-year-old son to sit in the driver\u2019s seat of it while the sales person was in the passenger seat, apparently, with the door open. The customer\u2019s son must have stepped on the gas pedal; the truck drove down a small embankment, drove over the foot of the customer into an adjacent pond, and the salesperson was thrown into the water (but was unharmed, otherwise). Jack was told of the truck incident and could see it from the facility. He got his camera and took pictures of the truck in the pond.<\/p>\n June 14<\/p>\n Jack posted comments and pictures of the luxury event of June 9 as well as the truck accident of June 14 on his Facebook page.<\/p>\n June 15<\/p>\n The company representatives had learned of, and had been given copies of, Jack\u2019s Facebook postings for both the event and the accident. \u00a0Sam asked Jack to remove the postings, which he did.\u00a0<\/p>\n June 16<\/p>\n At Harry\u2019s request, Jack met with him, Pete, and Sam in a conference room at the dealership to discuss the postings.\u00a0<\/p>\n Harry tossed copies of the Facebook pages at him and said, \u201cWhat were you thinking?\u201d\u00a0<\/p>\n Jack responded that it was his Facebook page and his friends: \u00a0\u201cIt\u2019s none of your business.\u201d\u00a0<\/p>\n Harry responded, \u201cThat\u2019s what you\u2019re going to claim?\u201d\u00a0<\/p>\n Jack affirmed, \u201cThat\u2019s exactly what I\u2019m going to claim.\u201d\u00a0<\/p>\n Harry again asked what he was thinking and Jack said that he wasn\u2019t thinking anything.\u00a0<\/p>\n Harry said that they received calls from two other dealers and that he thoroughly embarrassed all management and \u201call of your coworkers and everybody that works at the dealership.\u201d Pete then said, \u201cYou know, Jack, the photos at the truck dealership are one thing, but the photos at the luxury dealer, that\u2019s a whole different ball game.\u201d Jack responded that he understood. Harry then said that they were going to have to think about what they were going to do with him, and that they would contact him. Meanwhile, he was told to hand in the key to his desk. On the way out, Jack told Sam that there was no maliciousness on his part and Sam told him to let things settle down, and he left.<\/p>\n After he got home, Jack called Pete and apologized for what had occurred; Pete testified that he does not recall receiving any apology from Jack. Jack later called Dick and apologized to him as well. \u00a0Dick told him that he should have apologized during the meeting with Harry, Pete, and Sam.<\/p>\n Notes of this June 16 meeting, taken by Pete, state that the meeting was to discuss: . . . several negative articles on his Facebook directly pertaining to situations which happened at the dealership. \u00a0We were alerted to this action by receiving calls from other truck dealers who saw pictures\/comments (negative) on the internet. \u00a0Harry showed Jack copies of the postings and posed the question what was Jack thinking to do such a . . . thing to the company. (One posting was regarding the accident at truck dealer when a truck was driven into the lake and the second was surrounding our new 5 Series luxury car event.) Harry testified that at the June 16 meeting he handed Jack the postings and asked why he would do that and Jack said that it was his Facebook and he could do what he wanted. He ended the meeting by telling Jack to go home and that they would review this issue and get back to him.<\/p>\n June 21<\/p>\n A meeting of Dick, Bill, Harry, Sam, Pete, and Bob. \u00a0Harry later testified that he saw both postings, but: \u00a0\u201cI will tell you that the thing that upset me more than anything else was the truck issues. The luxury car issue, to me, was somewhat comical, if you will . . . if it had been that, that would have been it. But, no, it was the truck issue.\u201d \u00a0\u201cIt was\u2026making light of an extremely serious situation\u2026somebody was injured and\u2026doing that would just not be accepted.\u201d \u00a0Harry said the meeting \u201ccentered\u201d on the posting of the accident, \u201cit was 90% of the discussion. \u00a0The other one was mentioned because we had that; but, that\u2019s not why we made a decision to terminate Jack.\u201d<\/p>\n Sam testified that during the meeting there was discussion about the June 9 event and the accident, but: \u201cThe basis of the decision to terminate was the posting of the accident at the truck store.\u201d\u00a0<\/p>\n June 22<\/p>\n Jack was terminated. \u00a0Jack said Harry told him, \u201cWe all took a vote and nobody wants you back…and the only thing that we ask is that you never set foot on the premises.\u201d \u00a0Jack said he told Harry that he understood and that was the end of the conversation. \u00a0The memo put in Jack\u2019s personnel file, dated June 22, from Harry, states:\u00a0<\/p>\n I told Jack [of the June 21 meeting] . . . that it was a unanimous decision to terminate his employment because he had made negative comments about the company in a public forum and had made light on the internet of a very serious incident (truck had jumped the curbing and ended up in a pond) that embarrassed the company. I told him that we could not accept his behavior and he was not to return to work.<\/p>\n Nov. 30<\/p>\n The unfair labor practice charge was filed.<\/p>\n July 19, 2015<\/p>\n Bill and Harry sent a memo to all employees stating:<\/p>\n Because our employee handbook has not been updated since 2007, we have been in the process of updating and amending it for several months. \u00a0We expect to have the finalized draft to you within the month. However in the meantime, please be aware of the following area in which a significant change is being made. \u00a0If you have issues relating to these areas prior to the issuance of the new handbook, please see Harry.<\/p>\n –Courtesy — This policy is being rescinded effective immediately.<\/p>\n While there may be some additional changes and\/or additions, the foregoing lets you know, in general terms, where a key change will be. \u00a0Again, please let me know if you have any questions or concerns.\u00a0<\/p>\n July 21, 2015<\/p>\n At the Administrative Law Judge\u2019s hearing, the complaint was amended to include: \u00a0Since at least August 28, 2007, the company has maintained the Courtesy rule in its employee handbook that contains language that makes it unlawful. \u00a0The company defended that it had already taken care of that issue by rescinding the policy and notifying the employees.<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":" \u00a0 RMD 620 Week 3 Exam #1 Note: Submissions will not be accepted after grades for this assignment have been posted.\u00a0 Alternate assignments are not\u2026<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[10601,10596,10882,479,537,172,478,10597,10599,10595],"tags":[10524,10522,10890,10561,10883,10889,10515,10521,10696,10518,10888,10887,10886,10885,10884,10525],"class_list":["post-127753","post","type-post","status-publish","format-standard","hentry","category-assignment-help-by-uks-no-1-writing-service","category-assignment-writers-canada-university-cost","category-free-ai-english-assignment-writers-china","category-nursing-course-hero","category-nursing-essay-pro","category-nursing-study-bay","category-nursing-study-pool","category-professional-assignment-writers-usa","category-uae-1-cheap-assignment-writing-service","category-write-a-word-essay","tag-apa-citation-format-assignment","tag-assignment-writers-australia-college-student","tag-best-nursing-case-study-writing-services","tag-buy-essay-usa","tag-case-study-nursing-writing-services-for-care-plans","tag-free-nursing-case-study-writing-services","tag-help-write-a-page-assignment","tag-i-need-someone-to-do-my-assignment-within-hours","tag-need-assistance-completing-the-assignment","tag-need-to-write-an-essay","tag-nursing-case-studies-with-answers","tag-nursing-case-study-paper-example","tag-nursing-case-study-template-examples-of-case-studies-nursing","tag-pharmacology-case-study","tag-soap-note-case-study","tag-write-pages"],"_links":{"self":[{"href":"https:\/\/www.studyproessays.com\/help\/wp-json\/wp\/v2\/posts\/127753","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.studyproessays.com\/help\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.studyproessays.com\/help\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.studyproessays.com\/help\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.studyproessays.com\/help\/wp-json\/wp\/v2\/comments?post=127753"}],"version-history":[{"count":0,"href":"https:\/\/www.studyproessays.com\/help\/wp-json\/wp\/v2\/posts\/127753\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.studyproessays.com\/help\/wp-json\/wp\/v2\/media?parent=127753"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.studyproessays.com\/help\/wp-json\/wp\/v2\/categories?post=127753"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.studyproessays.com\/help\/wp-json\/wp\/v2\/tags?post=127753"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}Instructions:<\/strong><\/u> \u00a0Each class is likely to be different. \u00a0If you assume you know what is required, you may make a mistake that can be avoided just by reading the instructions.<\/p>\n
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On her Facebook page, Erin posts that she can\u2019t wait to win so she can quit work. \u00a0The \u00a0others respond in agreement.\n
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money, such as eliminating the employer match to the 401K fund. \u00a0The letter was written by the center\u2019s physician\u2019s Helpant and edited by its radiation technologist. It was then left unsigned on the doctor\u2019s desk. \u00a0During the next few weeks, the owner met with individual employees in an attempt to learn who wrote the letter,
and the atmosphere became increasingly tense. He accused several employees of whispering and cliquish behavior, and repeatedly complained of \u201ctoxic talk\u201d and negativity\u201d. \u00a0A little over three weeks after the letter was delivered, the technologist was fired. \u00a0The owner then learned by examining the technologist\u2019s work emails that the physician\u2019s Helpant had written the letter. The next day, she was fired as well.\u00a0\n
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