ABC, a large, national business, forbade its employees to do any union activities on its properties. Jones, an employee, distributed written, union materials before his time for his work began on company property. ABC fired Jones for violating their rules. Is ABC’s action an unfair labor practice? Why? Refer to the statute or NLRB regulations if necessary.
Jones, a worker in a business, distributed union matters before the commencement of his official duties. Since the Company had banned union activities of any kind, he was summarily dismissed from services.
The main contention that arises is whether, according to law, is whether Jones’s dismissal was justifiable, and /or whether he is amenable to reinstatement and full wages.
Yes, ABC Company’s action is deemed an unfair labor practice. This is because as a member of a trade union, Jones has the right to take part in legal trade union work In case it is also seen that the work of trade unionism has been performed by Jones outside working hours Hence it is not permissible on the part of ABC Company to dismiss a person who was carrying out trade unionism activities outside the time frame and scope of his official duties and responsibilities.
His employer, XYZ CO., should not treat a member in an unfair manner, dismiss Jones or make him redundant for the job, especially since trade unionism was done during the appropriate time. (Your Right to join (or not to join) a Trade Union).
In this case, it can be seen that ABC firing Jones can be termed as unfair. If a person is sacked for exercising rights to take time off for union activities or duties it will be unfair. Jones can then make an unfair dismissal claim to an Employment Tribunal (or Industrial Tribunal in Northern Ireland). He could also apply to the Employment Tribunal for an interim relief order, under which your employer has to take you back until your case is decided. (Time off for Trade Union Duties and Activities).
Civil Rights Act of 1964
Armistead is hired by State X to work as a clerk in the Bureau of Traffic Safety. She has experience in the area before she took this job, and she was extensively trained after being employed. She was soon promoted, and after her supervisor resigned, she performed many of his functions. His job remained unfilled and she applied for it. Nothing happened for 6 months, and then a male employee was brought in from another area and made supervisor. Armistead alleges discrimination under Title VII. State X argues that it used non-discriminatory criteria in evaluating both parties for the supervisor’s job. Does Title VII require that State X hire Amistead as the supervisor if she and the male employee are equally qualified?
Amistead works her way up from clerical grade to supervisory grade. After performing the job of the supervisor whose position is vacant, she is denied supervisory grade through alleged discrimination.
Being denied supervisory designation through alleged discrimination, this position is given to an outsider, to the chagrin of Armistead. Her employers however deny any discrimination shown between the two and no provisions of Title VII are attracted. However, Armistead thinks otherwise.
Under Section 2000 e-2 (Section 703 ) of the Title VII laws, it would be illegal to “limit, segregate, or classify employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.” (Title VII of the Civil Rights Act of 1964).
In this case, it is seen that Armistead although qualified and trained for the supervisor’s job was superseded by an outside person in contravention to the provisions of section 2002 2-2 (Section 703) the remedies available to Amistead are as follows:
The remedies available for employment discrimination, whether caused by deliberate acts or by practices that have a biased effect, may include:
- Earlier wage payments,
- Reinduction into the job,
- Future wage payment,
- reasonable accommodation, or
- Other events that will make a person complete (in the situation he/she would have been but for the discrimination). (Federal Laws Prohibiting Job Discrimination: Questions and Answers).
This deals with the issues relating to the protection of the environment. The salient features of environmental laws are to prevent denigrating forests and greens and to preserve the balance of the ecosystem through careful exploitation of natural resources.
The constant deforestation and other anti-environmental processes are causing great damage to the earth‘s environment and are contributory causes for damage to ecosystems and their flora and fauna. If the present trends continue unabatedly, the losses on account of environmental damages would be irreparable and could have a serious impact on life on this planet
There is a need for the enforcement of strong laws and legislative measures to protect the environment and mitigate the ill effects of eco damages. The natural systems should be encouraged to grow and humans need to provide additional protection to the environment in terms of safe disposal of industrial wastes and make good use of natural resources. It is also necessary to enforce strong laws against all types of anti-environmental actions like indiscriminate felling of trees, clearing of jungles for building industry, nonchalant attitude towards environmental protection, etc.
It is strongly believed by environmental scientists that the earth is slowly becoming polluted and unsafe for human inhabitation. Unless something drastic is done now, life in the future centuries would be marred with serious diseases and conditions that could even exterminate the human race. For its preservation, humans need to turn attention to the environment and seek ways and means to offer complete protection and safe use of the environment for modern living.
Federal Laws Prohibiting Job Discrimination: Questions and Answers: Federal Equal Employment Opportunity (EEO) Laws: What Remedies are Available When Discrimination is Found?. The U S Equal Employment Opportunity Commission. 2002. Web.
Time off for Trade Union Duties and Activities: What if you are not allowed to Take Time off?. Directgov. 2008.
Title VII of the Civil Rights Act of 1964: Unlawful Employment Practices: Sec. 2000e-2 [Section 703]. The U S Equal Employment Opportunity Commission. 1997. Web.
Your Right to join (or not to join) a Trade Union: The Right to belong to a Trade Union. Directgov. 2008. Web.