Masters in HRER 504 – Seminar in Employment Relations.
Masters in HRER 504 – Seminar in Employment Relations.
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Masters in HRER 504 – Seminar in Employment Relations
Textbook One: Labor Relations: Striking a Balance 6TH 2021; Author: Budd, John W.; Publisher – McGraw-Hill
Essay Assignment – Legal Case Study Analysis – After reading Dilts, D. (2007). Case 15: Discharge for disruptive conduct, or for protected Union activity? Textbook Chapter 4 – LABOR LAW.
You should come to a conclusion as to the issues involved and conduct a legal analysis of those issues using the IRAC FORMAT discussed below. Your analysis should help you to determine whether or not there was a ULP. You can include a dissenting opinion for this case if you cannot achieve a conclusion.
Important questions to answer in your analysis include:
1. Were company rules No. 18 and 29 in violation of NLRA?
2. Employees at times write articles or letters for newspapers openly critical of their employers. Should it make any difference in this case that Fuller himself was an editorial employee of a newspaper?
3. Although Fuller wrote and published the “offensive” article on his own time, was his conduct protected under Section 7 of LMRA?
4. Do you believe Fuller’s discharge for rules violations was a pretext for terminating him because of his pro-union activities?
5. Make sure to consider whether or not there is a legal standard (i.e. case law) discussed in Chapter 4 that should help you to engage in this analysis.
IRAC Format
The IRAC format is an effective way to analyze any legal problem. IRAC is an acronym that stands for Issue, Rule, Application, Conclusion. Students should use this format, using each of these terms as a heading for their legal analysis/ULP papers.
ISSUE
Issue defines the legal question or problem you are answering. For instance, in Labor Law, the issue will often be whether an employer committed an unfair labor practice. In your issue you want to include the basic, most relevant facts from your case. You also want to phrase your issue as a question . For instance, your issue might be – Did the XYZ company commit an 8(a)(3) unfair labor practice, when they fired John Doe for wearing a union button and hat in their facility?
RULE
The Rule section of your essay would describe the legal rules that apply to your case. There should be no mention of the facts of your case in this section. You will include statutory law as well as common law/court made law in your rule. For instance, the NLRA , Section 7 establishes that employees have the right to engage in concerted activity. This right was extended to include the wearing of buttons and other union garb, unless such would create an unreasonable disruption to a business or create a safety hazard in the Republic Aviation case. In this case, the Supreme Court decided employers could only prohibit the wearing of union insignia where….
APPLICATION
The application section will mirror your rule section, but now you bring in and analyze the facts of your case. For instance, John Doe’s wearing of a union button is normally considered protected section 7 activity. However, under the Republic Aviation test if the employer can show that the button creates a safety hazard they may prohibit them. In this case, John Doe was a press operator and the button created a risk of getting jammed or pulling John into the press…
CONCLUSION
The conclusion is your answer to the issue. This section should in essence repeat the issue and should flow from your application section. For instance, XYZ did not commit an 8(a)(3) ULP when they fired John Doe for wearing a union button and hat, because…
Please use APA Style for references.
Please include page nos. from the text for all references.
Please see attached herewith Case Study for this assignment.
I will E-mail Chapter 4 – LABOR LAW of the textbook in a separate e-mail attachment.
