The Great Temperature Debate

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Business Finance

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A minimum of 1200 words is required. Answer both questions in the case study and write 600 words or more for each question. Please make sure you use proper academic resources and proper APA standards for each answer. A minimum of two outside sources are required for each question. (References need to be in complete APA format. Based on citations).

Case Study - The Great Temperature Debate

The employer is a small, nonunion furniture manufacturer with 15 employees engaged in interstate commerce. Both of the employees involved in this case worked in the machine shop building as band-saw operators. Because the band saws were located near the shop's large overhead door, to facilitate the disposal of sawdust, the band-saw operators were often subject to lower temperatures and drafts on cool or cold days ,whereas other employees farther from the overhead door often felt too warm. To resolve this long-standing problem, the plant manager established a rule that stated: “ The overhead door will remain open when the temperature in the shop exceeds 68 degrees and closed when the temperature is at or below 68 degrees. ”

On the day in question, employees Drake and Keeler, who were both band-saw operators, complained to the shop supervisor that they were too cold and requested that the overhead door be closed. When questioned by the shop supervisor, the majority of the other shop employees present responded that they thought the door should be left open. The thermometer on the wall of the shop supervisor ’ s office, located in approximately the center of the machine shop building, read 72 degrees .

On this day, employee Drake was wearing a sleeveless shirt and shorts. Employee Keeler was dressed in blue jeans, a short-sleeved shirt, a flannel shirt, and a heavy sweater. Both Keeler and Drake claimed it was too cold and drafty at their workstation near the open overhead door. The shop supervisor refused to close the overhead door because the majority of employees wanted it left open. During a scheduled lunch break, Drake and Keeler discussed their problem and decided to walk off the job for the remainder of the day to protest the cold temperature at their workstation.

Upon returning to work the following morning, Drake and Keeler were informed by the plant manager that they had been fired for leaving work the previous day without management's permission. Drake and Keeler subsequently filed an unfair labor practice charge with the NLRB alleging their discharge represented unlawful discrimination of their right to engage in concerted and protected activity under Section 7 of the LMRA. Drake and Keeler requested a remedy to include reinstatement with full back pay and restoration of any lost privileges.

Which specific employee right protected by Section 7 of the LMRA could Drake and Keeler argue they were engaged in which at least partially motivated the employer's decision to discharge them? (600 word minimum and two APA sources)

On what grounds might the employer try to argue that the discharge of Drake and Keeler was an appropriate (legal) exercise of management's rights? (600 word minimum and two APA sources)

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Explanation & Answer

Attached.

1

The Great Temperature Debate
Student’s Name
Professor’s Name
Course
Institution Affiliation
Due Date

2
The Great Temperature Debate
Question 1 pg. 1
Question 2 pg. 4
References pg. 6


Running head: THE GREAT TEMPERATURE DEBATE

The Great Temperature Debate
Student’s Name
Professor’s Name
Course
Institution Affiliation
Due Date

1

THE GREAT TEMPERATURE DEBATE

2

The Great Temperature Debate
Question 1
The national labor relations act was enacted in 1935 with an aim of protecting the
employees in the United States from rogue employer practices and encourage a fair ground that
would enhance worker welfare and keep in check employer actions, all for the benefit of the
overall state of the economy (Gross, 2017). Therefore, the act gives employees certain rights that
must be respected and upheld by the employers, thus offering legal protection to the employees.
The main provision of this act is the protection of the employee’s right to unionize or form
concerted groups that seek to further their work-related interests in the event that the employer is
not willing to negotiate or badge. Therefore, the workers can bargain collectively in a legally
sound manner for the employer to consider their offer. The latter is not allowed to interfere in
this process through whatever means such as coercion or blackmailing as doing so would result
in legal repercussions. The latter, on the other hand, is expected to exhibit conduct that is legal
and doing what is contrary would result in a breach of law and the protections under the act
would be lifted.
In the temperature debate, the particular employee right that Drake and Keeler were
engaged in that was protected is concerted activity (the right to self-organization with the intent
to bargain collectively). For an action to qualify as such, it must meet certain criteria that...


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