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HRMD 620 Exam #1: Case Analysis on Section 8(a)1 Complaint with NLRB

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Added on  2019-10-18

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This article is a case analysis on Section 8(a)1 complaint with NLRB filed by an employee against his employer for firing him. It explains the legal concepts involved and the decision made. The article also provides references for further reading. The subject is HRMD 620 and the course code is not mentioned. The article is relevant for students studying labor relations, employment laws, and human resource management.

HRMD 620 Exam #1: Case Analysis on Section 8(a)1 Complaint with NLRB

   Added on 2019-10-18

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HRMD 620Exam #1Student’s Answer Sheet Name: ____________________________________________________________________Part A – Factual Check (20% of the test; 2 points each)1. True.6. True2. True7. False3. True8. True4. True9. True5. True10. FalsePart B – Case Analysis (18% of the test; 3 points each)1. True4. True2. True5. True3.True6. FalsePart C - 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
HRMD 620 Exam #1: Case Analysis on Section 8(a)1 Complaint with NLRB_1
1.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 provisionrequire? Using the NLRA requirements, discuss whether the facts in this casesupport the employee’s position that his termination constituted an unlawful laborpractice. Ans: The employees’ argument is that he had the right to posts anything in his fakebook and did not require any one’s permission. It can also be seen that the employees did not meant to hurtthe reputation as well as the relationship between the firm and the other dealers. Another argument is that the representatives of the firm did not listened to his views and arguments properly. The employee was fired because of the Facebook post on the truck’s accident that occurred due to the negligence of the sales person. Another reason of it is to per So, according to the employee, the section 7 and 8bof the NLRA policy also known as National Labor Relations Act is neglected. It is because according to the law the employers or the organizations cannot force their ideas on an employee. The sections also protect the rights of the employees within theworkplace so that any kind of injustice or partiality cannot be done (Burchill, 2014). It even claims that an employee cannot be terminated from the position for posting anything in any social media platforms. So, the termination of the employee is an unlawful labor practice.2. What is the employer’s argument? Why did it fire the employee? Does the NLRAprohibit that reason? Using the NLRA requirements, discuss whether the facts in this casesupport the employer’s decision to terminate the employee.Ans: The employer’s argument is that the employee was fired because of the negative comments he made in the public about the company. The incidents such as truck accident incident was accepted as a serious issue in harming the reputation as well as the performance of
HRMD 620 Exam #1: Case Analysis on Section 8(a)1 Complaint with NLRB_2

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