Reference no: EM132299342
Case Analysis (62% of the test)
In the case below, an employee files a Section 8(a)1 complaint with the NLRB against his employer for firing him. The employer asserts that it has terminated the employee lawfully. After reading the facts of the case, explain what the decision should be (who should win). Also explain any remedies that are needed.Be sure to identify the legal concepts involved and use details from the case to show evidence in support of your position. Please limit your analysis to 2-3 double-spaced pages.
Tip – Consider:
What is the employee’s argument? Why does he think he was fired? In his view, which specific provision in the NLRA was broken? What does the provision require? Using the NLRA requirements, discuss whether the facts in this case support the employee’s position that his termination constituted an unlawful labor practice.
What is the employer’s argument? Why did it fire the employee? Does the NLRA prohibit that reason? Using the NLRA requirements, discuss whether the facts in this case support the employer’s decision to terminate the employee.
As the NLRB judge, who do you think is right? Which side has the right reason, legal framework, and details (evidence) to support its interpretation of the law?
If a violation occurred, what needs to be done to correct it? (This is the remedy.)
Car Dealer’s Case
Organization
This company has two dealerships in Springfield, Illinois; one sells trucks, and the other sells luxury cars. Jack, the employee who was fired, began working at the truck dealership in 2002. He changed to the luxury dealership in 2008 where he worked until he was fired in 2014.
People Involved
Compensation Plan
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.
Employee Handbook
The employee handbook included the following rule:
(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.
Facebook Postings
The event pages are entitled: “(luxury) 2014 5 Series Soiree.” On the first page, Jack posted: “I was happy to see that (dealer) went ‘All Out’ 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’s 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.” Underneath were comments by Jack’s relatives and friends, followed by Jack’s 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. Page 5 shows one of the sales people holding bottles of water, with a comment posted by Jack: “No, that’s not champagne or wine, it’s 8 oz. water. Pop or soda would be out of the question.” 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’s comment below: “This is not a food event. What ever made you realize that?” The final two pages again show the food table and Dutch holding a hot dog.
The pictures of the truck accident, as well as Jack’s comments, on the Facebook page were: The caption is “This is your car: This is your car on drugs.” The first picture shows the car, the front part of which was in the pond. The salesperson with a blanket around her is sitting next to a woman, and a young boy is holding his head. Jack wrote, “This 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’s foot and into the pond in all about 4 seconds and destroys a $50,000 truck. OOOPS!” 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: “How did I miss all the fun stuff?” On the second page, under the photo of the car in the pond, Jack wrote: “I love this one . . . The kid’s pulling his hair out . . . Du, what did I do? Oh no, is Mom gonna give me a time out?” Below, there were comments from two of the company’s employees. On a separate Facebook page, one of a service advisor employed by the company, there was Jack’s picture of the car in the pond with the service advisor’s own comment: “Finally, some action at our truck store.”